Lawyer's character

Defendant, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of committing? Do you have any objection to the criminal facts accused of you in the indictment? The judge looked at Zhong Wen.

Zhong Wen raised his head and looked at the judge with dull eyes: Listen clearly, I have no objection. I admit everything I did. I plead guilty.

Fang Yi was a little shocked. Didn't he deny it when they met before? They were still clamoring to change lawyers, but now they all admit it in court! It seems Zhong Wen has figured it out.

Does the prosecutor need to question the defendant about the criminal facts alleged in the indictment? the judge continued.

No need to ask, Prosecutor Chen said.

Does the defendant's defender need to ask questions to the defendant? The judge looked at Fang Yidao.

Need. Fang Yi looked at Zhong Wen: Defendant, what did you do on the day of the incident?

The moment Zhong Wen looked at Fang Yi, Fang Yi saw regret in his eyes.

I drank a lot that day. Zhong Wen said.

Are you drinking liquor or beer? Do you usually drink? Fang Yi asked.

I usually drink, but not much. What I drank that day was white wine, and I drank a whole bottle. Zhong Wendao.

What was Chu Hong doing when you came home and saw her? Fang Yi asked.

She seemed to be packing clothes. I drank too much at the time and can't remember clearly. We haven't had sex for several months, so I just did that. After finishing speaking, Zhong Wen lowered his head and shed tears.

You mean that you had a relationship with Chu Hong while you were drunk, and you still regarded her as your wife subconsciously, right? Fang Yi asked.

Defender, please pay attention to your questioning methods and do not induce the defendant to speak. Zhong Wen was about to open his mouth to speak, but the judge interrupted him.

Defendant, have you ever thought about harming Chu Hong? Fang Yi stopped continuing the inquiry and changed the topic.

No, I never thought about hurting her. Our relationship had always been very good before, but it was because of her parents' gossip that our relationship deteriorated. I filed for divorce because I couldn't bear the gossip outside, Zhong Wen said. He put his head in his hands, put his arms on the fender in front of him, and cried bitterly.

Fang Yi stopped asking questions and looked at the judge: I'm done asking.

Defendant, calm down your emotions. The judge said calmly.

After the judge finished speaking, the bailiff immediately stepped forward and patted Zhong Wen on the shoulder. Zhong Wen wiped his tears with his hand and stopped crying.

Now let's ask the prosecutor to present evidence. the judge said.

“The first piece of evidence is the transcript of the public security organ’s interrogation of the victim Chu Hong; the second piece of evidence is the transcript of the public security organ’s interrogation of the defendant Zhong Wen. Both of the above two pieces of evidence prove that the defendant Zhong Wen used coercive means to sexually assault Chu Hong.

The third piece of evidence, the forensic report, proved that the victim Chu Hong had been sexually assaulted. According to the body fluid test results, the defendant Zhong Wen is the perpetrator... Prosecutor Chen read out the evidence one by one.

What objections does the defendant have to the evidence? the judge asked.

No objection. Zhong Wen said.

What does the defendant's defender have to say about the evidence? the judge asked.

No objection. Fang Yi said.

This case is relatively simple. Zhong Wen confessed to the facts of the case. Although there is not much evidence, there is nothing to raise objections. Fang Yi can't say anything.

Does the defendant's defender have any evidence that needs to be submitted? the judge asked.

There is no evidence to submit. Fang Yi said.

The facts of this case have been clearly investigated, the court investigation is over, and now the court debate begins. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

The prosecutor is invited to express his arguments. The judge said.

We believe that the defendant Zhong Wen used coercion to have sex with Chu Hong, which constitutes the crime of rape. However, given that Chu Hong herself submitted a letter of understanding to this court and the defendant Zhong Wen actively pleaded guilty, we recommend that the defendant Zhong Wen be sentenced to a fixed-term prison sentence Three years. After prosecutor Chen finished speaking, he submitted a letter of understanding to the court.

Chu Hong issued a letter of understanding? Inspector Chen's words surprised Fang Yi. The Chu family couple never called to ask for money. Don't they know about this? Fang Yi was confused.

In any case, a letter of understanding is better than no letter of understanding.

The defendant expressed his defense opinion. The judge looked at Zhong Wen.

I admit that I am guilty, but I hope the court can give me a lighter punishment. Zhong Wen had tears in his eyes. He didn't know whether he was crying for himself because he heard the prosecutor's prison sentence recommendation, or because he heard Chu Hong issue a letter of understanding for himself. I am truly sorry and ashamed of my actions.

The defender expressed his opinion. The judge seemed to have experienced a lot and was not moved by Zhong Wen's tears. He looked at Fang Yidao coldly.

The defender believes that the defendant voluntarily confessed the facts of the case and confessed, so he should be given a lighter punishment. In addition, the defendant committed the violation against Chu Hong while drunk and unconscious. In his consciousness, Chu Hong She is still his wife, and the violation occurred at home, so the harm to society is minimal.

In addition, the prosecutor proposed that the so-called violent methods used by the defendant were not serious in fact. They were only minor soft tissue injuries. They did not cause much harm to Chu Hong and should not constitute violence.

Finally, the victim Chu Hong issued a letter of understanding and had forgiven the defendant. The defendant performed well in his daily work and life and had never done anything illegal. If he had not been affected by the rumors outside, he would not have filed for divorce.

The case occurred between a husband and wife. Although the court had ruled that the two parties were divorced at the time, the judgment had not yet taken effect when the case occurred. For Zhong Wen, he did not intend to harm Chu Hong.

Please consider the above situation and give the defendant a lighter punishment. We recommend that the defendant be sentenced to three years in prison and suspended for three years. Give the defendant a chance to reform. Fang Yi said.

Do both sides have any additional arguments that need to be made? The judge felt that this case was relatively simple and did not want to waste time. He just wanted to finish the procedure quickly.

No. Both parties replied.

The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. It is now up to you, defendant Zhong Wen, to make a final statement to the court. The judge looked coldly. Zhong Wen.

I'm guilty! I know full well that my behavior has caused harm to my ex-wife Chu Hong. I thank her for forgiving me. I feel ashamed of my behavior and ask the judge to give me a chance. I will definitely change my ways... Zhong Wen stated with tears in his eyes.

“…After a closed trial, this court conducted court investigation and court debate, listened to the prosecutor’s accusations, the defendant’s opinions, the defendant’s defense and statements, and the defender’s defense opinions, and the court hearing ended.

The court will be adjourned for ten minutes. The verdict will be pronounced later and the defendant will be taken out of the court. The judge said.

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