Trainee lawyer, judge sent to prison to use sewing machine

"Presiding Judge, this video is a complete record of the real situation of that night. "

"I ask the court to revisit our client, Ma Ming's rape charge. "

Lin Chuan raised his hand to signal.

Presiding Judge Feng Jianjun exchanged glances with the two judges beside him

Then we discussed.

Soon,

Presiding Judge Feng Jianjun nodded.

"The new evidence presented by the defendant's lawyer is more valuable than the recorded statements made by the police. "

"The request is reasonable. "

"The court will re-evaluate whether Ma Ming's actions constitute the crime of rape. "

"Plaintiff's lawyer, do you have anything to say?".

Feng Jianjun's eyes fell on the plaintiff's seat.

"Presiding Judge, I watched the video just now. "

"I think it's basically 100% consistent with the statement recorded by the police, so Ma Ming's rape charge is still convicted. "

Zhao Qiuxia picked up the backup confession record,

It was read out on the spot.

"Interrogation policeman Shen Qiang: Ma Ming, did you ask Li Huihui's opinion before you committed the act of men and women?"

"Suspect Ma Ming: I asked. "

"Interrogation police officer Shen Qiang: How did Li Huihui respond to you?".

"Suspect Ma Ming: She said no. "

......

Read this,

Zhao Qiuxia stopped.

"Presiding judge, the transcript and the content in the video are completely consistent, and my client shouted the word 'don't' in the video. "

But Ma Ming turned a deaf ear. "

"Against the will of our plaintiff's woman, forcibly had a relationship. "

And according to the definition of the crime of rape. "

"In the process of committing an act between a man and a woman, whether at the beginning or in the middle of the act, as long as the woman shows resistance. "

The man must stop the next act. "

"Otherwise, it will be judged as rape against the woman's will!".

"Therefore. "

"I think Ma Ming's rape charge is still convicted!".

The plaintiff's lawyer, Zhao Qiuxia, found the key point

She knows,

Just argue around the 'female will'

Her win rate will be greatly improved.

"Plaintiff's lawyer, do you have anything to argue?".

Presiding Judge Feng Jianjun listened to Zhao Qiuxia's statement

I agree with it.

The crime of rape is very simple, and the law clearly states that as long as the relationship occurs against the woman's will, it constitutes a crime.

Even as a couple,

Even couples,

As long as the situation is true, the woman can call the police.

This is taking into account the disadvantaged position of women in society

Therefore,

The definition of the crime of rape is generally in favor of the woman

And not very kind to men.

"The situation is not good, I am a fan of Lin Chuan, but how do I think what lawyer Zhao Qiuxia said makes sense?".

"It's not justified, it's that the verdict of rape is greatly related to the woman's subjective feelings. "

"Plus. "

"In the video just now, when Ma Ming stretched out his salty pig hand, Li Huihui did say 'don't'. "

"So. "

Whether it is

objective factors or Li Huihui's subjective feelings, it means that Ma Ming is a bit against the woman's wishes. "

......

Although won a second chance to revisit Ma Ming's rape charges

But the audience in the live broadcast room was not very optimistic

Because,

The legal definition of rape is too favorable for the woman.

"Presiding Judge, I disagree with the reasons stated by the plaintiff's lawyer. "

"In the video, our client asked the woman's opinion before having a relationship with the woman. "

"The woman replied, 'No.' "

"It's a fact. "

Lin Chuan paused when he said this

Then clear your mind

began to show his sophistic talent again.

"As legal people, we all know that. "

"Conviction of the Charges. "

"First, the objective facts to be taken into account!"

"For example, homicide. "

"The suspect used the crime tool to kill the victim, the fuse may be because the two have a feud, or it may be for other reasons, anyway, he is objectively the murderer. "

"That's why the charge of homicide is established. "

"But. "

"If the suspect acted unintentionally, resulting in the death of the victim. "

"For example, there was a car accident. "

"The driver killed the victim of a passerby. "

"Does the driver constitute homicide?".

Lin Chuan glanced at everyone present one by one with his eyes

Everyone's eyes were confused.

"Of course it does not constitute homicide. "

"The crime of homicide is defined as the intentional and unlawful deprivation of the life of another person and is a criminal case. "

"But in the event of a car accident resulting in death, as long as the driver does not flee the scene, it is still a civil case. "

The plaintiff's lawyer, Zhao Qiuxia, gave a cold answer

Then he stared at Lin Chuan suspiciously.

"Lawyer Lin Chuan, what we are discussing in this case is the definition of the crime of rape, what do you mean by the crime of homicide?".

Lin Chuan smiled.

If you want to overturn Ma Ming's rape charge from the front,

Unlikely,

Lin Chuan could only knock on the side and kill from other breakthroughs to achieve his goal.

It's like pulling out a tree

It's definitely not that hard to pull it up directly

But loosen the soil for the tree pine

Shake and shake again

The roots of the tree will be pulled out.

When Lin Chuan mentioned the crime of homicide, he was doing the work of 'loosening the soil' for Ma Ming to clear his name.

Now the soil has been loosened

It's time to shake the trunk.

"Now that Lawyer Zhao and I have reached a consensus, then it will be easy to do next. "

Let's go back to the beginning of the video. "

"Our client, Ma Ming, submitted a request to the plaintiff Li Huihui for male and female behavior. "

"Li Huihui said 'don't'. "

"So Lawyer Zhao thinks that the woman has already expressed resistance, that is, if Ma Ming doesn't stop his behavior in the future, will it be a crime?"

The corners of Lin Chuan's mouth hooked a trace of arc

He is digging a pit for Zhao Qiuxia

But Zhao Qiuxia didn't notice anything

Because she felt it

There was nothing suspicious about what Lin Chuan said.

On the contrary,

It is also very beneficial to their plaintiffs

So she rushed to answer the question.

"Yes, if Ma Ming continues, then he is rape. "

Zhao Qiuxia felt that this was a question to be scored.

"But if I say that at that time, our client Ma Ming heard the 'don't' in Li Huihui's mouth, and thought it meant 'want'. "

"That's why we took the next step. "

"Judges. "

"In this case, do you think Ma Ming still constitutes the crime of rape?"

Lin Chuan shook the 'tree trunk' frantically

We're getting closer and closer to achieving our goal.

Hiss~

On the Dharma table,

All three judges narrowed their eyes and groped their chins to ponder the question.

"Uh-huh......

"If it is really as you said, Ma Ming understood the 'don't' in Li Huihui's mouth as 'want'. "

"That'...... It's like a car accident that kills someone. "

"Non-subjective intentional acts. "

"The charge of rape is not guilty. "

Presiding Judge Feng Jianjun thought twice

The answer is given.

It turned out that Lin Chuan, this guy, was going around and around

Foreshadowing so much,

is to clear Ma Ming's guilt from this perspective.

I have to say,

Lin Chuan's brain is like an alien's brain

He can always be from a tricky point of view

Come up with a rogue conclusion that is legal and acceptable to everyone.

But-

Feng Jianjun is still not optimistic about Lin Chuan

Although I found a tricky angle to clear the charge,

But how do you prove that Ma Ming understood 'don't' as 'want' at that time?

In court,

Solid evidence always comes first.

Subjective thoughts,

It cannot be verified and cannot be used as evidence.