Chapter 343 Zheng Aixia: If there is no mediation, the sentence will be the same
This recording evidence became the last straw that broke the camel's back!
At this point, the trial situation has been completely clear.
Zhang Wei and the other two lawyers gradually became solemn, their eyebrows were frowning, and they racked their brains to think about how to argue.
Originally, this trial was not particularly difficult to fight.
It is said that one thousand words are ten thousand. After all, the plaintiff and the defendant are related to blood, and the bones are broken and the tendons are connected. As long as the plaintiff sincerely admits guilt and mistakes, and promises to support his mother in the future, the reduction of sentence should not be a big problem.
Courts also need to consider the facts when judging cases.
To reprimand three unfilial children, it is a small punishment and a big warning to make them filial to their parents in the future.
I believe that the judge will not be difficult to make a choice.
Therefore, as long as you continue to follow the strategy of defending the light of guilt, the result will not be much worse.
But the problem lies with the three smart parties involved.
They took their own initiative and refused to plead guilty when they came up, and turned the defense of light crime into a defense of innocence.
The difficulty coefficient of this trial defense has also changed from the original medium and high difficulty to the difficulty of hell!
It also completely disrupted the lawyer's defense strategy and rhythm.
Plus the super strength of the plaintiff's lawyer...
With the support of multiple buffs, the situation of the defendant's lawyer in this trial can be imagined.
At this moment, they were completely muggy in the face of all the evidence listed by Luo Dazhang.
"Lawyer Zhang! Why are you not talking again? Refute him quickly!" Liu Zhihua gritted his teeth and urged.
Liu Zhigang and Liu Ailing next to them were also urging their lawyers.
They are not mentally retarded, so they can naturally see that the current situation is very unfavorable to them.
Everyone was anxious.
At this moment, Chen Zhonghan asked in a deep voice: "Defendant, do you have any objections to the evidence presented by the plaintiff?"
Zhang Wei shook his head slowly and said, "No."
The other two lawyers also shook their heads one after another.
Luo Dazhu's chain of evidence is extremely complete and is simply impeccable.
There is no point in refuting.
"What's not? No, Lawyer Zhang, why did you admit defeat?"
Liu Zhihua looked at Zhang Wei in disbelief.
The latter glanced at him and said lightly: "Why did I admit defeat? Isn't it because you didn't listen to your orders and talk nonsense? You are still questioning me now!"
Liu Zhihua gritted his teeth and his face became extremely ugly.
He already regretted it now, but unfortunately, regret is useless.
However, Zhang Wei still took a responsible attitude and took a deep breath and said, "Our party confessed to the crime committed and admitted to the crime of abandonment."
"But that's not his intention."
"In addition to being a son, our client is also a husband, a father, and a grandfather of his upcoming grandson. The burden on his shoulders is very heavy."
"Of course, I do not say this to excuse us. I just hope that the collegial panel will give us a lighter sentence at its discretion."
The crime of abandonment is basically unfair, so Zhang Wei can only find a way to get some commutation of sentence for the parties involved.
As soon as he finished speaking, Luo Dazhang stood up and said, "There is an old saying that filial piety is the first priority for all virtues!"
"The word filial piety has been passed through thousands of years of civilization of our nation. It is a traditional virtue that kindergarten children know and abide by!"
"And the defendant, no matter what the reason or the difficulties were, they abandoned their 70-year-old mother and kept saying bad things to her. This behavior was extremely bad!"
"Their behavior not only violates the law, but also violates morality and crosses the most basic bottom line of being a human being!"
Luo Dazhao's eyes condensed slightly, glanced at him and said, "Treat this kind of person with poor character and corrupt character should be severely punished!"
"So I beg the collegial panel to impose a severe sentence on the three defendants!"
Luo Dazhang's voice was loud and loud, and his generous speeches reached the hearts of many people.
Zhang Wei frowned slightly and was defeated.
At this time, Liu Zhigang's lawyer stood up and said, "I often think about a question, what is the meaning of the existence of law!"
"Is it just to punish criminals, or to maintain fairness and justice, and to safeguard the rights and interests of the victims?"
"I admit that our party did commit a despicable crime and the situation was very bad, but think about it, is it really the best result for the plaintiff to sentence our party to a heavy sentence?"
"The plaintiff is 72 years old this year, and he will inevitably experience some illnesses or accidents in the future, and he also needs the company of his children emotionally."
"So I suggest that the collegial panel give us a lighter sentence to our party, let him support his mother and be filial to his mother. This is not only a chance for us, but also the best result for the plaintiff."
Hearing this, Liu Zhigang instinctively wanted to refute.
But when he said something, he swallowed it back.
No matter what, it is most important to reduce sentences first.
As for supporting your mother, it would be fine if you just need one in front of you and another behind your back.
At this time, Luo Dajie stood up and said lightly: "The law is indeed not for punishment, but if someone violates the law, he can escape sanctions. It will inevitably reduce the majesty and deterrence of the law, which is not conducive to social stability and harmony.
!”
"As for the later life of our parties, there is no need for the defense lawyer to worry about."
"I have contacted the nursing home for the parties involved. She will spend the rest of her life in the nursing home, but the expenses will be borne by the three defendants. This has been clarified in the complaint."
Liu Zhigang's lawyer hurriedly said: "How can you live in a nursing home be better than your descendants and share family?"
Luo Dazhao glanced at Liu Zhigang, and a sarcastic smile appeared on the corner of his mouth, saying, "Living in a nursing home is indeed not the best choice, but it is better than staying with three unfilial children and being angry, right?"
"I believe everyone has seen how bad the three defendants are in treating our parties, and they may even insult them."
"And they didn't feel remorseful when they went to court."
"Their performance really cannot convince me that they will take good care of our parties. Because of this, our parties require living in a nursing home instead of living with their children."
Three stubborn and helpless people blamed and even insulted their mothers before the lawsuit. After this lawsuit, the relationship between the two parties further deteriorated. Even if they agreed verbally, who knew they would
How to do it?
Zheng Aixia is by their side and probably won’t get any good faces, and may even be abused!
Rather than doing this, it is better to go to a nursing home.
At least the attitude of nursing homes is better.
Therefore, the lawsuit request in the complaint directly states that Zheng Aixia is going to live in a nursing home, and all the costs must be borne by the three defendants.
After a series of things, Zheng Aixia completely opened up and pretended that she had never given birth to these three unfilial children.
I went to the nursing home myself, and I was carefree and maybe I could live a few more years.
When you get to them, you can only suffer. Why bother?
After hearing Luo Dazhe's words, Liu Zhigang's lawyer was speechless.
In the auditorium.
Jiang Bai nodded slowly.
It is worthy of being Luo Dashi, who has the upper hand against four.
Of course, this is also inseparable from the god-level performance of the three smart defendants.
In short, there is no suspense after the trial has been carried out.
The sin of abandonment must have gone away.
Judging from the "rebellious" performance of the three defendants, it is probably unlikely to be reduced.
The three defense lawyers naturally knew this and their faces became increasingly ugly.
But even if you are in his position, you have to do a good job even if you are in a position.
Still trying to argue.
It's a pity that it's useless after all.
Luo Da's adverbial speed is fast, his pronunciation is clear, and his logic is strong. He has the upper hand in the court debate and completely suppresses the three opponents.
In the end, the three defense lawyers gave up their struggles one after another.
This also means that the crime of abandonment is a foregone conclusion!
"Lawyer Zhang, what's going on now? Is this? Why do I feel very bad?" Liu Zhihua asked Zhang Wei nervously.
Zhang Wei didn't say anything.
He is very tired now and doesn't want to communicate with his teammates.
The criminal debate in this case has been completed, but the division of civil liability has not yet been clarified.
Specifically, the proportion of the three children who bear the responsibility for their respective support has not yet been decided.
The responsibility for supporting is definitely something that must be borne.
The Civil Code stipulates that adult children have obligations to support, assist and protect their parents, and of course there are exceptions. For example, adult children themselves lose their labor force or cannot live independently and do not need to fulfill their obligations - nor are they able to fulfill their obligations.
But if there are many children, it involves the issue of division of supporting responsibilities.
Logically speaking, having more children should be equally distributed, fair and just, and no one should be unbalanced.
But the actual situation is often complicated.
After all, there are differences in the financial situation, physical condition, family structure, and nature of work of children. Some people have good economic conditions and live a wealthy life, some people are poor and have no place to live, and some people are healthy and sick.
No disasters, some people are weak and often get sick...
If the rude and equal division of responsibilities are inevitable, some problems will inevitably arise.
Therefore, in terms of civil liability division in this case, the specific circumstances of the three defendants need to be comprehensively considered.
This case is quite simple. After all, Zheng Aixia's only demand is money, and it will not involve any issues such as who will stay at home.
What needs to be clarified now is what proportion should Zheng Aixia's alimony (including nursing home costs, daily expenses, medical expenses, etc.) be divided according to.
Simply put, how much does Liu Zhihua, Liu Ailing and Liu Zhigang each pay?
"Dong--"
Chen Zhonghan rang the gavel and said, "The debate on the crime of abandonment of the three defendants ends here. Next, a debate will be held on the division of supporting responsibilities."
"What does this mean?" Liu Zhihua was a little confused.
Zhang Wei whispered: "It's just how much money you three have paid."
"oh!"
Liu Zhihua's pupils shrank in an instant, and he quickly stood up and said:
"Although I am the eldest son, I am not young anymore. In addition, I have been traveling to rent all year round, my work and rest are inconsistent, and my diet is irregular, which leads to many physical problems. I guess I will be ready to rest after running for another year at most."
"And my grandson is almost born, and it will be a lot of expenses at that time, and the burden on the family will increase."
"My sister's daughter has already gone to college and often gets scholarships. My brother's son is also in college and is working as a part-time tutor on weekdays, so he can basically solve his living expenses."
"In contrast, my financial pressure is the greatest. I just want to take on more responsibilities but I am not able to do it."
Liu Zhihua was extremely excited.
After all, matters involving money must be taken seriously.
As soon as he finished speaking, Liu Zhigang couldn't wait to speak, "I am the youngest in the family, and I shouldn't be able to bear more of it in terms of emotion or reason, right?"
"And when my brother bought a house, my mother added some money to afford the house. Most of the purchase price was paid by my mother."
"Only my brother should take on more responsibilities!"
Liu Ailing also immediately said: "I am my daughter and I enjoy the least rights at home, so I should bear the least responsibility..."
"You can't say that. When it comes to paying money, you should do what you can and it has nothing to do with men and women. Although my sister is divorced, her financial conditions are the best, and she should take the lead."
"My mother likes my brother's grandson Liu Bo the most..."
For a moment, the three defendants started a fierce debate.
Who doesn't want to pay more?
But in fact, their approach is not wise.
Because doing so easily makes the collegial panel think that they are shirking each other and shirking responsibility, which will definitely be harmful to sentencing.
It’s a pity that Liu Zhihua and the other two don’t understand these things, they just don’t want to take more responsibilities.
As for the three lawyers, they understand these things, but it’s a pity that their clients are disobedient.
In the plaintiff's dock.
Zheng Aixia's expression was sad and disappointed, and she slowly shook her head.
It seems that he is completely desperate for his three children.
Originally, she still had some fantasies in her mind, thinking that if her children woke up in time, she would consider reaching criminal mediation with them before the verdict.
After all, I still can't bear it.
But now, the performance of Liu Zhihua and the other three broke her heart.
Forget it.
Since that's the case, let the law try.
The debate between Liu Zhihua and the other two was getting more and more intense, and they were not willing to give in and their attitudes were stronger than the other.
The battle turned red and his neck thick, which directly made the court look like a vegetable market.
Finally, after more than ten minutes of noise, Chen Zhonghan couldn't stand it anymore.
"Dong--"
Chen Zhonghan beat the gavel heavily and said with a dark face: "This court investigation is over. The judgment of the three defendants was issued after consultation by the collegial panel. Now the court is adjourned!"
After saying that, he left the court directly.
He didn't want to see these three defendants again!
In the plaintiff's dock.
Luo Dazhang looked at Zheng Aixia beside him and said, "Before the verdict, you still have the opportunity to reach mediation with the defendants, which can save them from criminal punishment. If the verdict is issued, it will be a foregone conclusion and cannot be changed."
Upon hearing this, Zheng Aixia's face changed slightly and she fell into entanglement.
After a moment.
She sighed, as if she had used all her strength, and said hoarsely:
"No, if you don't mediate, you can judge as much as you should!"