Chapter 566 This tea doesn’t feel right!

Author: Xueying Hongmei

Chapter 566 This tea doesn’t feel right!

During the cross-examination process, Fang Yi had no objection to other evidence and only raised objections to the witness's testimony. Witness Dong Xia heard the victim say that someone raped her but did not actually see it. Therefore, Fang Yi believed that witness Dong Xia's testimony could not prove

The facts of the case are not accepted.

"The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

Let the prosecutor speak first," the presiding judge said.

"...The defendant Hua Xiao pressed the victim Feng Yanyun against the wall of the corridor and forcibly raped her. During the process, the victim pushed him with his hands. Just as the victim Feng Yanyun broke away from the defendant and was about to leave, the defendant again

Press her against the wall and force her to have sex with her.

This court believes that the defendant violated the will of the woman and forcibly had sex with the woman. His behavior violated Article 236 of the Criminal Law of the People's Republic of China. He should be held criminally responsible for the crime of rape. We recommend that he be sentenced to a fixed term.

Five years in prison. Ended," the prosecutor said.

"The defendant defends himself," the presiding judge said.

"At that time, the victim just pushed me lightly. She broke away from my hands and did not rush to leave. When I asked to have sex with her again, she did not object. We had sex voluntarily and I did not commit a crime. Please

The court ruled in accordance with the law and gave me justice..." Hua Xiao said.

"The defendant's defender expressed his defense opinion," the presiding judge said.

"Presiding judge, judge: The defender believes that in this case, the defendant Hua Xiao did not use violence, threats or other means to force sexual relations with the victim against the victim's will. Therefore, the defendant is not guilty of rape. The reasons are as follows:

1. In this case, the defendant Hua Xiao did not have sex with the woman against her will.

First, according to the evidence in the case, the safety exit of the nightclub was not closed but open. People often smoked at the stairs or went to the underground parking lot through the safety exit. During the relationship between the defendant and the victim, if the victim called for help, it was

It is impossible that no one knew about it. It can be seen from this that during the relationship between the two parties, the victim did not call for help.

Second, both the defendant and the victim drank alcohol on the night of the incident. However, according to the surveillance video provided by the prosecutor, when they walked out of the safety exit of the nightclub, their behavior was normal and they did not appear drunk. According to the defendant and the victim,

It can be seen from the victim's statement that although the two drank alcohol, they did not appear drunk.

Third, the defendant and the victim stayed at the corner of the stairs outside the safety exit for about half an hour. Before the relationship occurred, the defendant and the victim had intimate actions. Although the victim refused, he did not make any obvious resistance and accepted it afterwards.

This shows that the defendant did not force the woman to have sex with the victim against her will.

Fourth, during the period when the two had sex in a back-to-back position, the victim did not refuse with words, nor did he beg for mercy, curse, or resist by calling for help. The victim’s behavior reflected his inner wishes and combined with the wishes of both parties.

If the victim does not cooperate in the posture (back-standing position), it is impossible for the defendant to have sex with him.

Second, calling the police is not the victim’s true wish.

According to the evidence in the case, after the incident, the victim had a mobile phone on his person, but he did not call the police immediately. Instead, after returning to the nightclub, his friend Dong Xia called the police after hearing that the victim had been raped. Therefore, the evidence in the case

It is impossible to prove that calling the police was the victim’s true wish.

In summary, judging from the circumstances of the crime scene, the words, deeds, and postures of the defendant and the victim at the time of the crime, the existing evidence in the case is insufficient to prove that the defendant used violence, threats, and other means to have a relationship with the victim. The defender believes that,

The defendant and the victim had a voluntary relationship, and the defendant does not commit the crime of rape. Over." Fang Yi said.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Regarding the defense of the defendant, we believe that the victim has not yet reached the age of 18, has poor cognitive ability about

It was a voluntary act and the defendant constituted the crime of rape," the prosecutor said.

"The defender can respond to the prosecutor's opinions," the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

1. The victim was over 17 years old at the time of the crime. Although he was under 18 years old, the existing evidence cannot prove that the victim did not have the ability to distinguish right from wrong and control his own behavior.

Second, according to the victim's statement, he works in a garment factory and is currently renting a house with his boyfriend. The two are in a cohabiting relationship and have X experience. Therefore, the victim's X knowledge cannot be determined just because the victim is under 18 years old.

Poor ability.

The defender believes that the victim understood the consequences of his actions and also knew what the defendant was going to do when he took her outside the safety exit. The victim voluntarily had sex with the defendant, and the defendant should not be charged with rape. Over." Fang Yidao.

…

"...This case has been reviewed by the collegial panel and a judgment has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

...The evidence provided by the public prosecution agency is not enough to prove that the defendant used violence, coercion or other means to make the victim unaware, unable to resist, or afraid to resist, and forcibly had sexual relations with the victim against the victim's will.

This court accepted the defense opinions put forward by the defendant and his defender. The public prosecution accused the defendant of rape, but the evidence was insufficient and the alleged crime could not be established.

After discussion and decision by the Judicial Committee of this court, in accordance with the provisions of Article 51 and Article 200 (3) of the Criminal Procedure Law of the People's Republic of China, the verdict is as follows: The defendant Hua Xiao is not guilty." The presiding judge was in court.

The verdict was read out.

After hearing the verdict, the defendant Hua Xiao excitedly waved his right fist and gave Fang Yi a look of thanks.

After the criminal judgment was issued, the procuratorate did not file a protest. When the appeal period expired, the criminal judgment came into effect.

Zhang Jun kept her word. On the day after the court's criminal verdict came into effect, she instructed Aunt Zhang to hand over 200,000 cash to Fang Yi.

In the director's office, Wan Kefa was making tea with a smile, and Fang Yi was sitting opposite him, sipping fragrant tea.

"Lao Wan, your tea doesn't feel right!" Fang Yi took a sip of tea and frowned.
Chapter completed!