When Zhang Wei sat at the defendant's lawyer's table and saw Luo Fei opposite him, he was stunned.
If Zhang Wei's rank in the judicial circle is diamond, then...
Luo Fei is at least the strongest king with 2000 points!
When Zhang Wei was a carefree student at the University of Political Science and Law, Luo Fei was already well-known and even gave several lectures at the former's university.
He never imagined that one day he would actually face off against such an industry giant.
Can……
Why?
With Luo Fei's rank, he should be disdainful of accepting such a slanderous plot on the Internet.
Isn't this a cannon to kill mosquitoes?
Zhang Wei said he didn't understand.
How could he know that today's trial was just an appetizer.
There are still one hundred and eight good men waiting for trial.
At this time, Luo Fei raised his eyes and looked over.
His face was expressionless, his eyes were calm, and his lenses reflected the light of wisdom.
He looks like a gentle professor and scholar.
But Zhang Wei suddenly felt as if he was being targeted by a wild beast.
Suddenly I felt like I was sitting on pins and needles, like a thorn in my back, like walking on thin ice, like a lump in my throat...
He suddenly thought of the rumors about Luo Dazhuang in the world.
Abnormal performance, normal performance, extraordinary performance, extreme performance, etc.
It's scary just thinking about it.
Zhang Wei twitched the corners of his mouth, squeezed out a smile that was uglier than crying, and nodded to Luo Fei.
In this regard,
Luo Fei just narrowed his eyes slightly and pushed the glasses frame slightly.
Zhang Wei's eyes flickered and he slowly lowered his head.
He really didn't have the confidence to continue facing that knife-like look.
"The moment we looked at each other, he knew he had lost." Luo Fei raised the corner of his mouth slightly and spoke calmly.
Jiang Bai:(?????????)
This pussy is so well done, I give it full marks.
"Haha, Lawyer Zhang, you look a little bad."
A slightly teasing voice came into Zhang Wei's ears.
Zhang Wei turned his head and saw Chen Mengzhe's face that needed a beating, with an obvious expression of gloating.
"Lawyer Chen, you might as well worry about yourself," Zhang Weida said.
"Ha ha!"
Chen Mengzhe laughed twice.
Although I can't beat Luo Dazhuang, as long as you can't beat Luo Dazhuang, then I will be happy.
Soon, the time was approaching ten o'clock.
The judge and jury enter the courtroom.
When the judge saw Luo Fei on the plaintiff's seat, he was obviously stunned.
He nodded his head slightly.
Subsequently,
"winter!"
The gavel fell and the court officially opened.
Before this, Jiang Bai made it clear that he would never mediate, so he skipped this step and went directly to court.
The clerk stood up and read out the court discipline and verified everyone's identity...
This is the regular procedure for a court session.
Then, it officially started.
Luo Fei read out the indictment, suing Wei Donghua, Ma Li, and Jiao Shengmei for defamation and insult, and the circumstances were serious. He hoped that the judge would impose a harsher sentence.
The lawsuit requested that the three defendants be sentenced to three years in prison and each be compensated 20,000 yuan for the victim's mental losses.
Upon hearing Luo Fei's lawsuit, Wei Donghua and the others became obviously excited.
Three years!
This far exceeded their psychological expectations.
I originally thought it would only last a year and a half at most.
Zhang Wei's face changed slightly.
As expected of Luo Dazhuang, he is really sharp!
But I, Zhang Wei, am also a professional lawyer and will not give in so easily.
Let’s have a hearty duel, Luo Dazhuang!
Zhang Wei regained his fighting spirit, his eyes gradually brightened, and his thinking gradually became clearer.
Wei Donghua faces two charges, one is defamation and the other is insult.
In the case of defamation, if the facts are clear and the evidence is sufficient, there is no possibility of a plea of not guilty and the only way to defend the crime is to reduce the sentence.
And Zhang Wei already has a strategy.
We still start from the aspect of principal offender and accomplice.
After all, in the trial the day before, Ma Li was identified as the principal culprit of the crime of picking quarrels and provoking trouble, and the crime of picking quarrels and provoking trouble and the crime of defamation correspond to the same criminal act. Therefore, it is easy to label her as the principal culprit again in this lawsuit.
, in this way Wei Donghua’s sentence will naturally be reduced.
In addition, there is also much room for improvement regarding the crime of insult.
Zhang Wei took the lead: "Our client confessed to defaming the plaintiff, but in this criminal fact, our client was induced by defendant No. 2 and instigated by defendant No. 3, and made the wrong decision.
"
"I request your Excellency the judge and all jurors to consider the previous day's judgment on the principal and accomplices in the crime of picking quarrels and provoking trouble, and determine that the other party is an accessory and give a lighter sentence."
Hearing this, Ma Li suddenly became anxious.
But Chen Mengzhe gave her a reassuring look.
Sit firmly on the Diaoyutai without any panic.
Opposite is Luo Dazhuang.
Yesterday's tricks may not be effective today.
Sure enough, as soon as Zhang Wei finished speaking, Luo Fei began to fight back: "The principal and the accomplice are generally identified based on their role in the joint crime, but our prosecution is not to prosecute the three at the same time, but separately."
"The three defendants separately defamed our client. They each completed independent criminal facts. Each of them is the subject of tort liability, so there is no distinction between principal and accomplice."
"Or rather,"
Luo Fei paused for a moment and slowly uttered a few words: "Three of them are the main culprits!"
Jiang Bai suddenly had an expression on his face that said, "So it can still be like this."
I couldn't help but give Luo Fei a thumbs up in my heart.
These few words directly wiped out the fire.
I won’t tell you how to distinguish and define principals and accomplices at all. Instead, I will cut off the determination of principals and accomplices from the source.
"Luo Dazhuang's combat power is indeed extraordinary. My combat power is only 500, while his is at least 10,000."
Zhang Wei's face darkened and he thought to himself.
Next to him, Chen Mengzhe’s smile deepened.
That’s it!
I can lose, but you must not win.
Everyone loses together.
Anyway, there is no shame in losing to Luo Dazhuang.
Of course, Zhang Wei did not give up so easily. He quickly reorganized his thoughts, organized his language, and began to argue.
But... Luo Dazhuang was soon pressed to the ground and rubbed.
Luo Da's adverbials are fast, loud and clear, and he is not only familiar with the legal provisions, but also able to apply them perfectly to the current case.
Zhang Wei could still make a few gestures at the beginning, but he was soon defeated.
Luo Dazhuang was left speechless and sweating profusely due to Luo Dazhuang's argument.
This is completely a dimensionality reduction attack.
In just a few minutes of debate, Zhang Wei received tens of thousands of critical hits.
The main criminal's accomplice's road was completely blocked by Luo Dazhuang.
Zhang Wei had no choice but to regroup and start with the crime of insult.
"The crime of insult is a crime of circumstance. The perpetrator's behavior of openly insulting others must reach the level of 'serious circumstances' to constitute a crime."
"Our client's inappropriate remarks did infringe upon the plaintiff's right of reputation and meet the standards of defamation, but they were not insulting and were far from serious."
Zhang Wei glanced at Luo Fei and then said:
"Therefore, I believe that the prosecution lawyer's accusation of insult against our client is completely false."
The judge looked at the plaintiff's bench and said, "Plaintiff's lawyer, what do you have to say about this?"
Luo Fei stood up calmly and said: "Due to the defendant's behavior, our client has been subjected to extremely serious online violence, phone calls, text messages, and numerous negative comments on major social platforms, which has seriously affected our client.
Normal life and work, isn’t this considered serious?”
"Because of this incident, our client's mental state was so bad that he even lost his job. Isn't this considered serious?"
"The actions of the three defendants have seriously violated our client's right of reputation and caused extremely serious psychological harm to our client. Isn't this considered serious?"
Luo Fei's three consecutive rhetorical questions made Zhang Wei speechless.
Immediately afterwards, Luo Fei said again:
"In this infringement, the perpetrator committed a criminal act with a subjective intention, but committed two or more crimes at the same time. This applies to the 'imaginary concurrence' mentioned in the law."
“The objects violated by the insult and slander are both the personality and reputation of our client, and the two crimes are the same criminal act. In this case, there is an imaginary overlap between the crime of insult and the crime of slander.”
"In this regard, the crime should be subjective and intentional and punished severely!"
Imagine competition!
It turns out that Luo Dazhuang’s real focus is here.
Severe punishment and maximum prison term!
Zhang Wei sighed secretly in his heart.
Naturally, he also knows about imaginary competition, or in other words, every qualified legal practitioner is familiar with it.
But what you know is what you know, and whether you can actually apply it in actual examples is the key to truly distinguishing strength.
Obviously, Luo Dazhuang has reached the level of returning to his original nature and getting things at his fingertips.
It’s okay if you don’t accept it.
Zhang Wei gritted his teeth and said bravely: "Our client did commit a crime, but afterwards she fully realized her mistake and actively clarified it on the Internet to make up for her mistakes. This is enough to show that our client has repented."
I sincerely ask the judge to give him a lighter sentence."
Luo Dazhuang sneered: "Repentance? Make up for mistakes? If this series of her actions occurred before our client called the police, it does count, but these actions all occurred when she was already under criminal detention and the evidence was conclusive.
How does this count as remorse?"
That’s it!
Jiang Bai was shouting crazily in his heart: Don't let them live!
Now that the trial has reached this point, it is actually very clear.
Zhang Wei took a two-pronged approach and blossomed on both sides.
As a result, Luo Dazhuang intercepted him from left to right and easily broke through.
The judge couldn't stand it anymore and knocked the gavel to end the court debate.
Zhang Wei suddenly felt relieved.
This is not a debate, it is completely a one-sided crushing!
It's too painful.
Chen Mengzhe, on the other hand, looked like he was too busy to watch enough.
He learned a lot from this duel.
Sure enough, there is still a lot of room for improvement!
The judge looked at Jiang Bai and said, "Please make the plaintiff's final statement."
Jiang Bai stood up and said: "Ever since I was bullied online, I can't sleep every night, and I don't think about food or food. I feel like I'm in a state of decline..."
This wave,
The score gap is too big this time, the game has entered garbage time, and Jiang Bai's statement is no longer relevant.
So he was not as eloquent as he was.
The judge looked at the defendants and said, "Please let the three defendants make their final statements in turn."
Wei Donghua: "I plead guilty, I plead guilty to everything, and I am willing to actively compensate and sincerely apologize..."
Ma Li: "I confessed to the charges charged by the prosecution lawyer and had no objection. I have deeply realized my mistake..."
Jiao Shengmei: "I plead guilty..."
The three of them didn't dare to do anything stupid.
All of them actively pleaded guilty and requested a lighter sentence.
After the statement, the court adjourned for half an hour.
Soon, the adjournment ended.
The judge pronounced the verdict in court.
The three defendants were all sentenced to three years in prison and were required to pay the plaintiff a total of 20,000 yuan in compensation for mental loss, reputational damage and other expenses.
Jiang Bai said he was very satisfied with this result.
Just as I was about to leave, I heard a quarrel...