Chapter 337 Cold violence is also a type of domestic violence!
Chapter 337 Cold violence is also a kind of domestic violence!
"...Lawyer Luo, probably this is the case."
"Oh, I gave birth to three unfilial sons, so I'll make you laugh at me."
Zheng Aixia sat on the hospital bed, her face full of bitterness.
After listening to the person involved telling her personal story, Luo Dazhuo had a more intuitive and detailed understanding of the situation.
Ever since Zheng Aixia's wife passed away eight years ago, the two sons and one daughter have begun to ignore her, and have not fulfilled any responsibility for being a child at all, nor have they assumed the legal obligation to support her mother.
Not only did he not give any financial support, but he also did not have any emotional companionship.
Even every time I make a phone call, my tone and attitude are very bad, and I have even given some titles such as "old thing" and "old and confused".
It's simply angered by both men and gods.
Even though he had known these situations, Jiang Bai was still very angry when he heard Zheng Aixia telling them again.
But Luo Dazhao heard something new from it.
The three children have a bad attitude towards Zheng Aixia, and it is very likely that they have reached the level of domestic violence.
Most people’s perception of domestic violence may be limited to physical harm.
But in fact, cold violence is also a kind of domestic violence!
"Cold violence" is a form of mental violence, which is a form of domestic violence that coexists with physical violence and X violence.
Although physical violence and X-violence also contain components of mental violence, they hurt the other person's body and then the other person's spirit. "Cold violence" is mostly directed at the spirit from the beginning.
Liu Zhihua, Liu Zhigang and Liu Ailing took the form of cold violence towards their mothers, and ignored them all year round, without any company. They even had bad attitudes and spoke ill of each other when making phone calls.
This behavior caused serious harm to Zheng Aixia's mental health.
If it can be proved that she had mental problems because of this, it would definitely reach the level of "bad circumstances" of the crime of abandonment.
"Old Mrs. Zheng, I know your situation, but I still want to make sure of something from you in the end." Luo Dazhao looked at Zheng Aixia and said seriously: "Do you make a decision to sue your three children?
If they are convicted, they will bear criminal responsibility.”
A look of pain flashed across Zheng Aixia's face, and then said, "I've thought about it. These three unfilial sons don't treat me as a mother at all. They don't care about my life or death. I can only do this!"
"Okay, I'll take this case." Luo Dazhao pointed at the key point.
Then he and Jiang Bai took Zheng Aixia for a mental examination.
And asked for more details during the process.
For example, did Liu Zhihua and the other two have any more excessive behaviors, such as kicking, beating, insulting, etc.
For example, did Zheng Aixia have any accidents because her three children don’t care about her, such as falling injuries, or sequelae due to inadequate medical treatment?
Zheng Aixia also provided some situations that can be used as a side supplement to prove that the behavior of Liu Zhihua and the other two reached the level of "bad plot".
soon.
The results of the mental test have come out. Zheng Aixia suffers from moderate depression, and because she is older, the harm caused by the same intensity of depression is even greater.
The same is moderate depression, young people may just not be able to eat, sleep, do anything without energy, and do anything without fun.
But if it is an elderly person in his seventies, it may be caused by depression.
Dementia, depression, and delirium are often called 3D syndrome in the elderly and often appear in combination.
If the elderly are depressed and do not contact others, it may promote the occurrence or occurrence of dementia.
According to the doctor's test results, Zheng Aixia's depression has been around for at least three or four years, and there are signs of gradually worsening.
If this continues, it is estimated that within a year, dementia symptoms may occur.
There is nothing to say about this. After getting the mental appraisal report, Luo Dazhang sorted out other materials and sent them directly to the procuratorate to report the case.
"Luo Dazhao, why do I feel that these materials are not sufficient? And is it better for us to go directly to report the case in person?"
Jiang Bai expressed his confusion.
He was worried that doing so would not attract the attention of the procuratorate.
Luo Dazhang smiled and said, "I did it on purpose, just to get the notice of no filing from the procuratorate and then file a private prosecution."
Private prosecution cases include three categories:
1. Tell the case to be handled;
2. Minor criminal cases in which the victim has evidence;
3. The victim has evidence to prove that the defendant's infringement of his personal and property rights should be held criminally responsible in accordance with the law, and the public security organs or the People's Procuratorate have made a written decision not to hold the defendant criminally responsible.
Previously, when Jiang Bai jumped into the river to rescue dogs, he reported the case for attempted intentional homicide, and finally the procuratorate made a decision not to prosecute.
Later, a criminal private prosecution was filed to resolve the issue.
The same is true for this case.
Luo Dazhu deliberately failed to achieve perfection in materials and procedures, but in fact he hoped that the procuratorate would not file a case.
As long as the procuratorate makes a written decision, he can file a criminal private prosecution directly with the court.
The reason why Luo Dazhe did this is mainly because the private prosecution case has a characteristic, that is, as long as the plaintiff withdraws the lawsuit, the defendant will not bear criminal responsibility.
Of course, he did this not to show mercy to those three bastards Liu Zhihua.
Instead, it is considered for Zheng Aixia.
No matter how excessive the three unfilial sons did, if Zheng Aixia really brought them to court with her own hands, she would definitely be unacceptable.
In this way, depression may be aggravated.
The law has never been for the purpose of punishment.
Instead, punishment is used to achieve a "deterrence" purpose, so that people are afraid to be deterred by the majesty of the law and dare not commit crimes.
As long as this effect is achieved, the role of the law will be reflected.
That's why Luo Dazhang deliberately "operated" this case into a private prosecution case.
In this way, it is equivalent to giving Liu Zhihua and the other two a chance. As long as they reform and are willing to support their mother from now on, and support their mothers in their old age and see them off, they can withdraw the lawsuit and not hold them accountable for their legal responsibility.
Such a result is the best for Zheng Aixia.
After learning about Luo Dazhang's good intentions, Jiang Bai was quite touched.
He only thought about sending three unfilial sons to prison, only caring about his own relief, thinking that this was the most "just" result.
But he ignored Zheng Aixia's feelings.
Now that I think about it carefully, Luo Dazhao's approach is indeed better and more appropriate.
The development of things was indeed as he expected.
The next afternoon, the procuratorate made a written decision not to prosecute. The reason is very simple. One is that the social harm is not great, and the other is that the materials are insufficient.
Moreover, the Procuratorate hopes that both sides can resolve internal family conflicts peacefully.
At the same time, Luo Dazhuo has begun to collect evidence.
Private prosecution cases are different from public prosecution cases. The private prosecutor needs to collect evidence by himself. Only when the evidence is complete and sufficient will the court file a case.
Luo Dazhao and Jiang Bai were busy for three days.
Ask neighbors, interview the community, retrieve call records of Zheng Aixia and her three children, financial transactions, etc.
After a lot of work, the evidence is complete.
Luo Dazhang and the others took Zheng Aixia into the court filing hall, submitted materials and applied for filing.