Free Web NovelChapter 865: Chapter 321: No Surprises, We’ve Got This!
The prosecution side stood up first.
Citing precedents and references.
Explained the relevant criminal law articles again.
Among them.
The focus is naturally on the constitution of defamation and the crime of provocation.
In the former, not all defendants are guilty of defamation.
But the latter...
Is enough to cover every defendant.
They all participated in online disturbances, using excuses to accuse, verbally abuse, and maliciously guide against Zhou Xiaoqing.
Ultimately leading to severe consequences.
"According to our country’s criminal law, the actions of Gu Hongda, Bao Feiwen, and others meet the criteria of the crime of provocation and should be punished according to law."
The prosecutor stared righteously at Gu Hongda and others in the defendant’s seats, and said sternly.
As for Gu Hongda and others...
They kept their heads down throughout.
Dare not meet the opponent’s gaze.
They could only look at the lawyer beside them, hoping the lawyer could help them escape guilt.
"Here, I want to remind the opposing prosecutor of one thing."
This lawyer did not flinch, but stood up immediately afterward: "According to criminal law articles, this crime is characterized by starting trouble unprovoked, causing chaos, unreasonable demands, assaulting innocents, willfully provoking, and being domineering, actions that disrupt public order."
"My client did not deliberately seek trouble or make unreasonable demands."
"Previously, I mentioned, my client acted due to a ’misunderstanding,’ causing trouble online, targeting the ’Zhou Xiaoqing’ account with accusations."
"In the objective constitution, my client should not meet the criteria."
"This behavior should not be judged as the crime of provocation!"
In this phase.
He reorganized his thoughts and launched a counterattack again.
Each criminal charge has subjective and objective constitutions.
And he aimed at the subjective constitution, trying to classify his client’s behavior as an ordinary illegal act, avoiding the judgment of the crime of provocation!
"Regarding the suicide of young Zhou Xiaoqing, we also feel very sad."
Then.
He raised his head, looking at Zhou Zhen and his wife sitting beside the prosecution seats.
Spoke very sincerely: "More than four hundred of our clients have already expressed willingness, each is ready to contribute a portion of money to compensate for their irrational online behavior."
"Hopefully to contribute a small effort to Zhou Xiaoqing’s treatment."
After speaking.
He, along with Gu Hongda, Bao Feiwen, and others beside him, bowed to Zhou Zhen and his wife.
Expressed their sincere apologies.
However...
As soon as he finished speaking.
Zhou Zhen and Wang Xia’s voices simultaneously echoed: "In your dreams!"
"I tell you, we won’t take a single dime from you!"
"We only need a fair legal trial. Judgment should be made as it should be judged!"
"Your money, we feel it’s dirty holding it!"
The two immediately showed their attitude.
Their attitude was very resolute, absolutely non-negotiable.
Before the trial.
Their nephew Zhou Shaohui had repeatedly emphasized to them never agree to compensation.
They kept this point in mind.
Although over four hundred individuals are willing to contribute money, even if each contributed one or two ten thousand, it’s an astronomical sum for them.
But...
They don’t want to let this group get away like this!
...
Jin City.
Nursing home.
Zhang Qingyuan, Li Weiguo, and others sat on small stools, attentively watching the live broadcast.
"It’s not right, why wouldn’t the parents of this young girl want the money, isn’t it supposed to be compensated?"
"This money shouldn’t be left, if I were them, I’d let them go to jail and pay compensation!"
"It’s a huge sum, even if each compensates several tens of thousands, it would exceed tens of millions."
"Are the two still angry, haven’t calmed down?"
"..."
In the courtyard.
Everyone was whispering, full of confusion.
All felt Zhou Zhen and his wife had gone silly from anger.
Refused the money handed over.
"Ahem, it’s a trap set by the opposing lawyer, this money...really can’t be accepted."
Amid the crowd.
Qin Mu couldn’t help but explain.
The opposing lawyer’s defense angle was very tricky.
Trying to argue the criminal behavior as an ordinary illegal act.
At the same time.
Also proactively proposed to compensate the opposition.
It’s crucial to know.
This incident, involves provocation that caused suicide, a criminal case.
However, the suicide incident...
Strictly speaking, is unrelated to these netizens.
Was not something they pushed for.
Belongs to Zhou Xiaoqing’s self-invited risk behavior.
The consequence caused also does not require them to bear.
In other words.
They could be sentenced, but no compensation is necessary.
If they compensated, it would indicate Zhou Zhen and his wife considered the behavior non-criminal but illegal.
Only this way...
Would there be humanitarian or emotional distress compensations for others.
If the two accepted compensation, it’s equivalent to expressing forgiveness with actions.
Gu Hongda and others’ online harassment behavior...
Wouldn’t constitute a crime.
"Hiss!! So that’s what’s going on?! Insidious! So insidious!"
"Actually using such a method to set traps, this lawyer is really despicable!"
"If it were me, I would have accepted the money long ago, wouldn’t I have fallen for it?"
"Good thing the two didn’t accept the money, didn’t let this lawyer’s sinister scheme succeed!"
"..."
Everyone gasped after hearing Qin Mu’s explanation.
They murmured to themselves, what a close call.
Such matters, ordinary people really can’t easily understand.
The first response is always to seek compensation.
Would never think of the subsequent chain reactions.
"Then... if they don’t accept this money, does it mean it’s solid?"
Li Weiguo, sitting beside Qin Mu, couldn’t help but ask.
Qin Mu thought for a moment and nodded.
Indeed.
As long as they don’t accept the compensation, the charge of provocation and disturbance is basically certain.
Just as this lawyer said.
The constitution of provocation and disturbance requires the unity of subjective and objective elements.
The objective aspect is manifested by making trouble out of nothing, causing disturbances, unreasonable behavior, assaulting and injuring innocent people, wanton provocations, bullying, and destroying public order.
The main behaviors are divided into four categories.
First is randomly assaulting others in a particularly egregious manner.
Street fights and disturbances generally belong to this category. freewebnovel.cσ๓
Second is pursuing, intercepting, or insulting others in a particularly egregious manner.
Pointing out unhealthy motives like seeking fun or mental stimulation, unreasonably pursuing, intercepting, insulting, or hurling abuse at others.
There is no limitation on time and space.
This also constitutes provocation and disturbance online.
Zhou Xiaoqing’s case clearly falls into this category.
The other party insults and hurls abuse online to satisfy their vanity and sense of superiority.
And caused.....
A severe consequence of the other party’s suicide, fully meeting the objective conditions.
This lawyer always emphasized that their behavior was logical and empathetic, not unreasonable.
However, this viewpoint...
Actually does not hold up.
If they were rational, they should not have repeatedly accused and attacked Zhou Xiaoqing.
The third category is forcibly taking or arbitrarily damaging or occupying public and private property in serious circumstances.
For example, someone deliberately shattering a store’s glass.
They are charged with intentional property damage, but because the glass’s value is less than 2000 yuan, it doesn’t meet the filing standards and cannot be prosecuted.
He can escape the charge of intentional property damage but cannot escape the charge of provocation and disturbance.
This crime...
Secures the baseline with no mandatory requirement on value.
Just like this event.
Even if it doesn’t constitute defamation, it can still constitute provocation and disturbance!
The fourth category is causing disturbances in public places, causing serious disorder in public places.
This is basically consistent with the public’s conventional understanding of disturbances.
"Objectively, they constituted insults to others, causing suicide consequences, and the circumstances are serious."
"Subjectively, they were obviously intentional."
"So they cannot escape the charge of provocation and disturbance."
Watching the live broadcast on the screen, Qin Mu concluded with a sentence.
As long as no money is received.
If the prosecutor is a bit stronger, all these individuals must be convicted of provocation and disturbance!
This crime...
Has a very wide reach.
Without any conditions, all involved persons will constitute this crime!
"That’s good, that puts my mind at ease. I was afraid my blood pressure would rise again."
Li Weiguo relaxed after hearing this.
And continued to focus on the live broadcast.
Started watching intently.
"Dong——"
In the courtroom.
The gavel knocked again, and the Judgment Chief stopped the emotional couple, Zhou Zhen.
Sternly said, "Please speak rationally in court, and do not make extreme actions."
A few of the defense lawyer’s words just now...
Nearly angered the couple Zhou Zhen to a breaking point.
"Now both sides continue to debate around the viewpoints."
Subsequently.
He continued to advance the trial proceedings and simultaneously analyzed the constitution of legal provisions with the other judges through the debates of the parties.
As a member of the collegial panel.
What they need to do...
Is to listen carefully to the claims and evidence of both parties and make the most reasonable and fair judgment.
In court, everyone has the right to speak and to be heard.
And the prosecutor quickly stepped forward again.
Started laying out legal provisions, talking about legal principles, and strongly proving the constitution of provocation and disturbance.
Under solid theory...
The defense lawyer’s expression became increasingly unpleasant and gradually retreated.
In the meantime.
They expressed apologies several times, seeking forgiveness from Zhou Zhen’s couple.
But Zhou Zhen’s couple...
Were unmoved.
Unyielding and impassive.
Leaving him at a loss for actions.
They could only resist stubbornly around viewpoints like "reasonable circumstances" and "within expectations."
Two hours later.
The Judgment Chief knocked the gavel again and said, "Now, a half-hour recess. The verdict will be delivered in half an hour!"
After saying this.
He then led the entire collegial panel members out of the courtroom.
Leaving only a group of nervous defendants and a still-angry couple Zhou Zhen.
"Xiao Qin, with this trend, it should be stable, right?"
"It is certainly stable, now it’s just a matter of how many years they get sentenced."
"I feel it’s not as thrilling as before; why are these defendants not doing anything to resist? The lawyer also did not have any dazzling moves."
"Speaking of this lawyer, it makes me angry, there are really few good lawyers!"
"You can’t say that, you can’t paint everyone with the same brush. There are still many conscientious lawyers."
"..."
In the yard.
During the recess.
Zhang Qingyuan and others stood up and stretched a little.
After witnessing this bottomless lawyer...
They increasingly missed Zhang Wei.
At least Zhang Wei, in his defense, wouldn’t be so without principles.
An hour of idle chatting went by.
On the screen.
The entire collegial panel members re-entered the courtroom, and the clerk said in a solemn voice, "Now the verdict, all rise!"
Everyone in the courtroom stood up.
And in the yard.
The elderly who had been stretching sat down on their small benches one after another, eagerly listening to this verdict.
"After a four-hour hearing, our court has ascertained the criminal facts of Gu Hongda, Bao Feiwen, and the others for defamation and provocation and disturbance, with no doubt about the case, and clear evidence."
"The following verdict is now rendered."
