Longcheng, Binjiang District Criminal Trial Division.
Both the plaintiff and the defendant have arrived in advance.
"Mr. Jiang, it's still time to withdraw the lawsuit. As long as you withdraw the lawsuit, we will withdraw the lawsuit, and the conditions that we promised before will still count."
Liu Jia still wants to work hard to get it.
After all, withdrawing the lawsuit is a 100% win, but if the trial is held, it is very likely that both parties will suffer losses.
Moreover, if Jiang Bai can really convince him to withdraw the lawsuit, it will not only be the best result for the parties involved, but also will be of great benefit to Liu Jia himself.
After all, many people only care about the results and not the process.
This incident has been passed on, and the final version is likely to become "Liu Jia defeated Luo Dazhi".
Listen, I won Luo Dazhang, how good it is to tell me.
With this record, will you still be short of customers in the future?
In fact, Liu Jia's desire to withdraw the lawsuit is not weaker than Chen Yutong at all.
But unfortunately, Jiang Bai is destined to be the man who broke her heart.
"Lawyer Liu, the trial is about to begin. You should take the party to the defendant's seat and sit back in the defendant's seat." Jiang Bai said lightly.
"The surname is Jiang!"
"Are you crazy?"
Chen Yutong yelled out on the spot: "What kind of grudges do I have to blame you? Why would you rather sue me if you are in a lawsuit yourself?"
"Didn't I just post it? Are you so stingy?"
"What's the benefit of you when I put me in jail!!!"
Jiang Bai smiled sarcastically and stared at her word by word, "I feel uneasy if I don't watch you go to jail."
"You... are crazy!"
Chen Yutong was stunned for a while, gritted her teeth and cursed angrily.
She was almost angry.
Why did you encounter such a weird thing?
Is it okay for everyone to be at peace? I have to suffer losses!
"Since that's the case, we'll see what we've learned in court!"
Liu Jia said a harsh word and took Chen Yutong back.
Because the clerk has come in at this moment and is ready to read out the court discipline.
Immediately afterwards, the judge and the judge also entered the court.
After a fixed process, Luo Dazhe stood up and read out the complaint.
"On the X of this month, our party was walking near the intersection of Fengxing Street, Binkang Road..."
"Our parties beat the dog to death in order to protect themselves."
"After interviewing the people at the scene, the police officers from Changjie Street Police Station, who received the call, also concluded that our parties are not responsible for this."
"But the defendant held a grudge. At around 8:30 pm that day, he posted a complaint in the 'Dog Love Bar', deliberately avoiding the important things, distorting the facts, and guiding public opinion to attack and insult our parties."
"In just a few days, the post has more than 200,000 views, with a huge impact, and a serious situation and a bad nature, which has caused our parties to suffer extremely serious cyber violence!"
"We plead for the collegial panel to sentence the defendant to the crime of defamation and punish him more severely!"
"In addition, we ask the defendant to apologize publicly, clarify the facts, eliminate the impact, and compensate our parties for a total of 15,000 yuan in reputational losses, mental losses and other expenses."
Judge Chen Zhonghan nodded slowly, then looked at the defendant's seat and asked, "Defendant, what do you want to say about this?"
Chen Yutong immediately stood up and said, "Dear judge, dear jurors, I know that my behavior violates the law, and now I regret it very much..."
Chen Yutong was obedient and made statements exactly as Liu Jia told him.
The crime of slander is certain that it is impossible to be innocent, and there is no possibility of being innocent.
So what she had to do was to actively plead guilty and accept punishment, and apologize sincerely and strive for a reduction in sentence.
The key point is "attitude"!
Be sure to let the judge and juror see her attitude.
This is helpful for commutation of sentences.
From Chen Yutong's statement, it is not difficult to guess the defendant's defense strategy.
This trial mainly focused on commutation of sentences.
After listening to Chen Yutong's statement, Chen Zhonghan announced the start of court debate.
Liu Jia took the lead in defending:
"The Casro Dog'Earl' has been with our party for five years. Our party and our dog have a deep relationship. In her mind, the Count is no longer a simple pet, but a friend, and a relative.
!”
"You can imagine the sadness and anger in our client's heart when he saw his relatives die tragically. Under such an excited mood, it is understandable to do some irrational behavior."
"And I have reason to believe that our party is definitely not deliberately fabricating and spreading rumors. Her original intention of posting on the post bar is to express her nostalgia for her dog."
Liu Jia took a deep breath and continued: "Dog Love Bar is a gathering place for a group of dog lovers. Our client posted a post to commemorate the dead dog in this bar. I think this is a very normal thing."
"Of course, our party is not rigorous in terms of words and sentences, which brings some troubles and losses to the victim. We do not deny it, and are willing to do our best to compensate the victim. We just want to ask the collegial panel to give us a lighter sentence.
”
Playing the emotional card is Liu Jia’s usual defense method.
Although judges need to ensure objective and fairness when hearing cases, they need to make the fairest judgment based on facts and the law.
But judges are also humans, not machines, and not gods!
It is impossible to completely put aside the influence of personal emotions.
What Liu Jia mainly focuses on is the judge's discretion.
In a case, it is reasonable to sentence the defendant to five to seven years according to the law. So, the specific sentence is five years, six years or seven years, which depends to a certain extent on the opinions of the judge and jurors.
As soon as Liu Jia spoke, she portrayed Chen Yutong as an image of losing her beloved dog and being overly sad.
She also emphasized that the Earl is not an ordinary pet to Chen Yutong, but a friend and relative.
A pet died and a relative died are completely different.
"Your Excellency Judge, the defense lawyer applies to submit evidence."
Oral statements alone are naturally not enough, and Liu Jia also prepared evidence.
After obtaining the judge's permission, her evidence was shown.
It is some daily photos and videos of Chen Yutong and the Earl, as well as Chen Yutong’s Moments and posts.
"From these evidences, our parties and the count have a really good relationship. Five years of companionship have made them an indispensable part of each other's lives."
"A few years ago, our client experienced two heavy blows, lost work and broken love, and the underestimation of life was the Count who accompanied her."
"I said this not to relieve our party of crime, but I just hope you can understand her behavior a little."
"After all, people are not plants and trees."
At the same time, Chen Yutong cooperated very much and wiped her tears, looking very sad.
After Liu Jia finished speaking, Luo Dazhao immediately stood up and spoke:
"I object to the defense lawyer's statement."
"I personally do not agree with the theory of "law is unkind" because there are indeed many helpless cases in reality, such as robbing milk powder with a knife in order to save my child... In crimes like this, the law will give to a certain extent
tolerant."
"However, the defendant's behavior obviously does not meet this condition!"
"Because her original intention of posting was to vent her personal anger, this was a pure act of revenge!"
Luo Dazhang's voice was loud, he was well organized, and he strongly refuted Liu Jia's words.
"No matter how the defendant has a relationship with her dog, she posted a post to slander our parties in order to vent her anger and triggered a cyber violence against our parties. This is an indisputable fact."
"Is anyone forced her to do this? Is there any reason to have to? No."
"All this was completely the defendant's own choice, so she had no reason to ask the law to be extra kind to her."
"Our society is a legal society, and anyone who does anything needs to be within the scope permitted by law."
"If everyone is like the defendant, who has a so-called reason to infringe on the legitimate rights and interests of others and trample on the dignity of the law, then what will our society become!"
Luo Dazhao's speech was resounding and well-founded.
It directly refuted Liu Jia's remarks.
But that's not the end.
Luo Dazhuo immediately continued: "After the official account released a notice to clarify the facts, the defendant still showed no sign of stopping. Instead, he continued to expand his influence by replying and guiding netizens to forward it."
"This behavior directly led to the intensification of online violence against our parties, and it has become popular on multiple platforms such as Tieba and Douyin."
"The defendant disregarded the law, trampled on the law, slandered others, and hurt others just out of revenge!"
"This behavior is extremely bad, and I plead for the collegial panel to impose a severe sentence on him!"
Luo Dazhao's words were equivalent to pointing at Chen Yutong's nose and cursing.
But she couldn't refute it.
Because Luo Dazhang was talking about the truth, she did do these things, and the evidence was conclusive.
Liu Jia's face also became very ugly.
Her main commutation strategy was refuted, which is definitely very bad news.
In the auditorium.
Zhang Wei shook his head slowly.
The trial has ended early at this point.
The case itself is very clear, there is no controversy, and the lawyers of both parties are not of the same level at all, which makes the case even more suspenseless.
As expected, Luo Dazhao beat his opponent so strongly that he couldn't breathe at the beginning.
Of course.
Zhang Wei came to attend the trial specifically, not to see Luo Dazhuo unilaterally crush the game.
He mainly came for the counterclaim later.
I was really curious about what surprises Jiang Bai and Luo Dazhang prepared for each other.
On the field.
Although it was not good to go to the army, Liu Jia would not give up so easily.
Still defending with all your might.
But unfortunately, every reason for her sentence reduction was easily refuted by Luo Dazhuo.
When a crime is characterized as "retaliation", it will naturally become more difficult to obtain a commutation of sentence.