Chapter 373: Court Opening: Zhang Wei Plays Perfectly
Chapter 373 Court Session: Zhang Wei performed perfectly
Two days passed quickly.
Before Jiang Bai could get a call from Luyi's exclusive customer service, he had to wait for the court date of the provocation case.
As the reporter and victim of this case, Jiang Bai naturally needs to appear in court.
He went out early in the morning, wandering around, and unknowingly came to the "Haisheng Breakfast Restaurant".
Meng Haisheng and Qin Xianglan were busy entertaining guests.
Although this breakfast shop is very small, less than ten square meters, its business is serious and good, and it is very popular among students and office workers.
Of course, the more important reason is that it tastes delicious.
The steamed buns made by Meng Haisheng and his wife are thin-skinned and full of fillings. The tea eggs are very tasty, and the siu mai is also excellent. They taste very good and are not expensive, so they can meet the needs of most customers.
This also led to the popularity of Haisheng breakfast restaurants.
Basically, the stall starts at 7 a.m. and ends at around 10:30.
Shen Tianci sat on the chair, glanced at Jiang Bai and said, "You guy...since I met you, my workload has increased by at least 150% compared to before."
Zhang Wei smiled and took his time. After a short pause, he continued:
"Also, there is no criminal law causal relationship between the traffic accident and our client!"
"Your Honor, the defender applies for the production of evidence."
"Second, affecting the normal operation of large passenger transportation vehicles such as aircraft, trains, and ships;"
Why?
Meng Haisheng raised his arm and wiped the sweat from his forehead with his sleeve. He happened to see Jiang Bai standing not far away. His eyes suddenly lit up and he quickly greeted: "Mr. Jiang!"
Surveillance video of the main entrance of Tianshui Xiangquan, witness testimony, confession of guilt and punishment, etc.
Confess guilt, accept punishment, make amends, apologize, ask for the victim's forgiveness, etc.
Zhou Hongtao also glared at Zhou Yunan fiercely.
Shen Tianci was the first to list the evidence.
Meng Haisheng waved his hand.
In fact, in this case, the prosecutor was somewhat lenient when determining the recommended sentence.
"But……"
Jiang Bai was eating by himself.
Jiang Bai nodded and said, "Uncle Meng, don't worry too much about me. I'll take care of you."
"Conscience of heaven and earth, this has nothing to do with me. The main reason is that there are quite a lot of legal illiterates nowadays, and I don't want to cause trouble, but trouble will always find me."
Moreover, the so-called serious disruption of social order actually contains a lot of accidental elements.
On the basis of the starting point for sentencing, the amount of punishment can be increased and the base sentence can be determined based on the number of quarrels and provocations, the consequences of injury, the taking of other people's property or arbitrarily damaging it, the amount of public or private property occupied, and other criminal facts that affect the composition of the crime.
Shen Tianci is not a cold law enforcement machine, so he will naturally consider some circumstances as appropriate and make a relatively mild sentencing recommendation.
For example: for each additional instance of picking quarrels and provoking trouble, the prison term can be increased by one month to six months; for each additional instance of gathering others to provoke trouble, the prison term can be increased by six months to one year.
"Sixth, other serious disruptions to social order."
"okay."
But Jiang Bai is not the kind of person who does a small favor to others and then asks for a favor. He just came here simply to see how the business of Meng Haisheng and his wife was going, and whether any of the family members of those two old ladies came to make trouble. .
In other words, even if Zhou Hongtao is given seven years in the lawsuit, it is still legal.
"In the judicial interpretation of the Supreme Court, six situations that seriously disrupt social order are defined."
At around 9:50, Jiang Bai arrived at the court and walked into the Criminal Trial Chamber with ease.
"The criminal defendant Zhou Hongtao was sentenced to five years in prison and fined 5,000 yuan in accordance with the law."
But even so, Zhou Hongtao still looked so gloomy that he almost broke his back molars.
"You, you, can you give me a banner of the Nemesis of Sin later?" Shen Tianci said jokingly.
Confused the latter.
Moreover, the victim of the car accident, that is, the passenger who got off the Accord sedan, suffered minor injuries, which can also increase the sentence from three months to one year.
After all, if you really take this matter seriously, it really isn’t that bad.
Originally, there was a chance that she would not have to rise to the criminal level and bear criminal responsibility. Like everyone else, she would just accept the punishment of public security management as a participant.
“This case was investigated and concluded by Changhe Street Police Station in Binjiang District and transferred to this court for review and prosecution.”
Zhang Wei looked him up and down sideways and said, "Mr. Zhou, what are you thinking? All the actions of the prosecutor in court are based on facts and the law. How can we target him?"
With the sound of "dong", the court officially opened!
After a certain process, public prosecutor Shen Tianci stood up and read out the indictment, explaining the cause of the case and the claims in court in a loud voice.
According to the criminal law, the starting point for sentencing in Zhou Hongtao's case is five years.
For Zhou Hongtao, it was five years.
Judge Chen Zhonghan and two judges entered the court.
Since taking medicine to strengthen his body, Jiang Bai's appetite has also increased. Four steamed buns, one egg, and a portion of soy milk make him eight cents full.
After saying that, he got out from under the window, trotted to Jiang Bai, looked at Jiang Bai with a honest smile and said, "Mr. Jiang, have you had breakfast? If not, I'll make it inside. I'll give you whatever you want." You do it.”
When Jiang Bai entered the store, there were no customers inside.
Don’t worry about scarcity, but worry about inequality.
Then, Shen Tianci gave evidence again.
"First of all, it was a single traffic accident that was not serious, and it happened on a street with not much traffic, and it did not hinder traffic. I don't think this can be considered a serious disruption of social order!"
Soon, everything was delivered.
Both husband and wife are honest people. Jiang Bai helped solve such a big trouble before. They were so grateful that they made a special trip to thank Jiang Bai and gave Jiang Bai some specialties.
"..."
As for Zhou Yunan, she was more persuaded and participated by Zhou Hongtao.
There are surveillance videos, photos of the scene, passenger injury reports, vehicle damage reports, etc.
Jiang Bai nodded and smiled: "That's a good relationship."
It tastes really good.
Jiang Bai wiped his mouth with a napkin and scanned the QR code with his mobile phone to pay.
"Okay, I will definitely listen to you."
"Agree." Chen Zhonghan nodded.
"This is the accident investigation report I obtained from the traffic police. It clearly mentions that when the traffic accident occurred, the driver of the BMW, Li, took the wrong response measures, including turning the steering wheel hard and using the accelerator as the brake. "
"The criminal defendant Zhou Yunan was sentenced to three years in prison and fined two thousand yuan in accordance with the law."
Meng Haisheng put breakfast on the table and said with a smile.
Although this store is small and the decoration is relatively simple, there is absolutely no problem in terms of hygiene. The walls, tables and chairs are all clean, and there are no oil stains like that seen in many small restaurants.
Opposite the defendant's seat.
Another example: for each additional person with minor injuries, the prison term can be increased by one month to three months; for each additional person with minor injuries, the prison term can be increased by three months to one year.
Qin Xianglan also greeted Jiang Bai and cast a grateful look.
The couple started to get busy again.
By now the prosecutor had arrived.
Zhang Wei naturally knew this very well, so he did not raise any questions at all when faced with these evidences.
Then it enters the court investigation stage, where evidence is presented and cross-examined.
This was a good time, as I suddenly changed from a participant to an organizer.
The latter scanned the QR code to pay the bill, said hello to the couple and left.
Zhang Wei gave serious instructions.
"This court believes that his behavior violated the provisions of Article 293 of the Criminal Law and constituted the crime of picking quarrels and provoking trouble. We are now filing a public prosecution in accordance with the provisions of the Criminal Procedure Law."
However, compared with Zhou Hongtao, Zhou Yunan's condition was milder, so the prosecutor's request for a prison term of only three years.
"Defender, do you have any objections to the prosecutor's evidence?" Chen Zhonghan asked.
When Meng Haisheng saw it, he quickly came over to stop him and asked for a treat no matter what.
"third……"
And since the news spread that Wang Haiyan and Gu Xifeng went in to use sewing machines, other people who occasionally came over to lick Bilian and enjoy the free love breakfast did not dare to come here to go crazy.
When Shen Tianci determined the sentencing recommendation, he did not take these aggravating circumstances into consideration.
In the legal concept, should means necessary, and yes, it means you can do it or not, this is okay, that is okay.
Zhang Wei submitted the evidence to the clerk, and soon the evidence was presented.
"This is enough to prove that the BMW driver was obviously at fault in this traffic accident. If she could have taken correct response measures when an emergency occurred, there would have been a great chance that the accident could have been avoided."
There are several places where you can eat in Haisheng Breakfast Restaurant, but time is tight in the morning, so most people take it away and eat on the road or take it to work.
Calculating the time, I can walk there just in time to catch up with the court session.
So I have a pretty good impression of them.
Although it is not a valuable thing - they also know that Jiang Bai is not short of money.
Jiang Bai shrugged, his face full of helplessness.
Let alone Zhang Wei, even if a more powerful lawyer comes here, it will be difficult to say whether he is guilty or not.
But Jiang Bai felt this feeling.
Jiang Bai randomly chose a seat and sat down, and ordered two meat buns, two vermicelli buns, a tea egg and a portion of soy milk from Meng Haisheng.
"This young man is such a good person." Qin Xianglan looked at Jiang Bai's back and said with emotion.
Zhang Wei stood up and said: "Yes, I recognize the authenticity and legality of this evidence, but I do not recognize its relevance and strength of proof!"
Meng Haisheng was busy.
"First, causing chaos in airports, stations, docks, shopping malls, theaters, sports venues and other crowded places, or requiring emergency evacuation measures;"
When an acquaintance met, Jiang Bai said hello with a smile: "Director Shen, you came quite early."
These pieces of evidence formed an extremely complete chain of evidence, without any flaws, and directly convicted the two defendants.
Zhou Yunan also used the same rhetoric.
Zhou Hongtao nodded.
It was still an old acquaintance, Shen Tianci, and a young assistant prosecutor under him.
This set of evidence points to the adverse consequences of causing traffic accidents due to picking quarrels and provoking troubles, seriously disrupting social order.
Naturally, they were also prosecuted together.
"It's nothing, don't worry about these things. Just remember the precautions I told you before. The court is about to start. Don't be free, otherwise I really won't be able to help you. Remember. "
In this case of picking quarrels and provoking trouble, Zhou Hongtao was the one who first proposed the idea and was also the main leader and participant. There is no doubt that he is the principal culprit and bears greater responsibility.
"The litigation claims are as follows:"
But after all, he still retained some sense and did not act recklessly.
In the end, Meng Haisheng still couldn't defeat Jiang Bai.
Although they were so busy that they couldn't even touch the ground, the couple's faces were filled with happy and contented smiles. As an ordinary couple, they had no dreams of getting rich. As long as they could support themselves and their family through this small shop, If you can live a slightly more comfortable life, you will be very satisfied and there is nothing else you can ask for.
In addition, the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Trouble" also clearly stipulates several aggravating circumstances.
Seeing Jiang Bai and Shen Tianci talking and laughing, Zhou Hongtao's eyes flickered twice and whispered to Zhang Wei beside him: "Lawyer Zhang, I think the relationship between those two people is a bit unusual. What do you mean? The prosecutor's office can't deliberately target me, right?"
But the eldest sister didn’t know what she was thinking. On the afternoon of the first day, she specially called three people to help and joined the team that was causing trouble.
Five years for me and three years for him.
"Obviously, the traffic accident in this incident did not meet the above standards, so it should not be considered a serious disruption of social order!"
Jiang Bai was not polite and followed Meng Haisheng into the store.
"Mr. Jiang, what you asked for has arrived. Please enjoy it. If you want anything else, just ask. I will..."
If both Zhou Hongtao and Zhou Yunan had served five years, he wouldn't have much idea. But the current situation is that Zhou Yunan's sentence is two years less than his, which suddenly makes him feel unbalanced.
When making the statement, I followed Zhang Wei's instructions completely and did not express myself freely.
etc.
There are fewer worries in this life, and naturally there are more smiles on my face.
"Yes, good people will be rewarded. Okay, don't lament, we still have work to do."
In this case, Zhou Hongtao gathered many people to pick quarrels and stir up trouble four times in total. The first three times met the requirements of "multiple times" in the criminal law. On this basis, one more time was added, and it was also done by gathering others, which can be increased by six The prison term ranges from one month to one year.
You can add up to two years.
soon.
"In addition, the direct reason why the driver of the BMW made a wrong operation in a hurry, causing the vehicle to lose control, was that a bottle of water rolled onto the road."
"And this bottle of water was accidentally dropped by the other two people during the throwing and catching process. May I ask, what does this have to do with the party concerned?"
Zhang Wei glanced at it and concluded in a loud voice: "So I think, first, the traffic accident does not mean serious damage to social order; second, the traffic accident has no causal relationship with our party."
"I sincerely request the collegial panel to consider reducing the penalty imposed on our client as appropriate."