Chapter 355 must sue in any case, then on the same place!( Asked monthly ticket) 第355章反正要起诉,那就一起咯！(求月票) Such case he listened to know, basically has the greatly possible procuratorate not to sue very much! 这样的案子他一听就知道了,基本上有很大可能检察院是不会提起公诉的！ Can achieve the present, although with legend in „famous” also missed hundred million points, but Attorney money after all is a proper attorney. 能做到现在,虽然和传说中的“大名鼎鼎”还差了亿点点,但钱律师毕竟是个正经律师。 Procuratorate does not sue, three situations, legal do not sue, the suspect has did not investigate that the criminal responsibility that «Code of Penal Procedure» stipulates in 6 situations except „told the crime that processed according to the criminal law, has not told situation one that outside of other 5 situations or withdrew tell”, the People's Procuratorate must make does not sue the decision. 检察院的不起诉,有三种情况,法定不起诉,犯罪嫌疑人具有《刑事诉讼法》规定的不追究刑事责任的六种情形中除“依照刑法告诉才处理的犯罪,没有告诉或撤回告诉的”情形外的其他五种情形之一的,人民检察院应当作出不起诉决定。 Deliberates does not sue, similarly has many situations, for example has defended working as, has taken refuge from danger working as, the preparation is bothersome, stopping suspect who has not caused the harm consequence, the case is not serious, and has the surrendering behavior wait/etc and so on. 酌定不起诉,同样有很多种情形,比如防卫过当,避险过当,预备烦,没有造成危害后果的中止犯,情节轻微且有自首行为等等之类的。 It is not proven does not sue, this does not need to say. 还有就是证据不足不起诉,这就不需要多说了。 This basic no serious results, having very greatly possibly are the situation of tallying legal does not sue. 这种基本没什么严重后果的,有很大可能是符合法定不起诉的情形。 But he will not say, makes money, it is said seriously is better! 但他不会这么说,赚钱嘛,事情说的越严重越好！ Really, Mr. and Mrs. Han Dai-sung listens to start the lingering fear, looks at each other one mutually, found this relative luckily, luckily we are the Jingzhou native, has the relations, this may really probably be imprisoned otherwise. 果然,韩大成夫妻听完就开始后怕,互相对视一眼,幸好找到了这位亲戚,幸好咱是京州本地人,有关系呢,这要不然可就真的要坐牢了。 Therefore rushes saying: „Money is not the issue, so long as is all right finally , spending how much money to be good.” 因此赶忙说道:“钱不是问题的,只要最后没事,真的,花多少钱都行。” Chand hurries to say honestly: „Does not need specially many, we after all are the relatives, I can also gain you to be inadequate, handles matters to you with your money to come, I run about, relax.” 钱德诚赶紧说道:“也不需要特别多,咱们毕竟是亲戚,我还能赚你们不成,用你们的钱来给你们办事,我呢就是跑跑腿,放心吧。” Had this to guarantee that two people felt relieved, according to the Chand honest words, the so-called attorney will spend to give the opposite party. 有了这保证两人就放心了,按照钱德诚的话,将所谓的律师费给了对方。 Then was the standby period, Wu Qiuling, Mr. and Mrs. Han Dai-sung also, because the case was too simple, the procedure/program walked also quick, has managed has obtained a guarantor to post one's bail to await trial, accordingly, was in the prosecution stage. 然后就是等待时间了,吴秋灵在等,韩大成夫妻也在等,因为案件真的太简单,程序走的也很快,已经办了取保候审,相应的,进入了审查起诉阶段。 Also is ten days later, went to work as usual, is ascending Wu Qiuling of training to receive the call. 又是十天后,已经照常上班,在腾达培训的吴秋灵接到了电话。 „What? Doesn't sue? This, wasn't this person grasps?” “什么？不予起诉？这,这不是人都抓了吗？” Opposite staff were explaining with her did not sue does not say does not have the crime, because the plot slight does not need to sue, the corresponding written decision will also give her. 对面的工作人员在和她解释,不予起诉不是说没有犯罪,只是因为情节轻微不需要提起公诉,相应的决定书也会给她。 Puts down the telephone, Wu Qiuling felt this and Attorney Huo said was very different, did not say that Han Dai-sung can be delivered routinely, how not to sue. 放下电话,吴秋灵觉得这和霍律师讲的很不一样,不是说按部就班那个韩大成就可以被送进去吗,怎么又是不起诉了呢。 But how to question again, the law is the law, since stipulated this situation, that question is also useless. 但再怎么质疑,法律就是法律,既然规定了这种情况,那质疑也没用。 That night, Mr. and Mrs. Han Dai-sung invited Chand to eat meal again honestly. 当天晚上,韩大成夫妻再次邀请钱德诚吃饭。 „Attorney money, too thanked you, if were not you, this matter so will not be relaxed!” A Han Dai-sung face joyful say/way. “钱律师,真的太感谢伱了,如果不是你,这事也不会这么轻松！”韩大成一脸欣喜道。 Obtains a guarantor to post one's bail to await trial he thinks oneself really must be imprisoned, the result has not thought that unexpectedly was so relaxed is all right. 取保候审的时候他都以为自己真的要坐牢了,结果没想到居然这么轻松就没事了。 Chand said with a smile honestly: „Small matter, later had this matter to remember that told me, I made these am very specialized.” 钱德诚笑道:“小事情啦,以后有这种事了记得跟我说,我做这些还是很专业的。” He has not actually made anything, followed up a case, basically such case really will also rarely sue. 他其实也没做什么,就是跟进了一下案件,基本上这样的案件也很少会真的起诉。 That side is lively banquet scene is very merry, here, Wu Qiuling puts down the cell phone, the hand is shivering. 那边是觥筹交错好不快活,这边,吴秋灵放下手机,手都在颤抖。 Is Qiao Ruoyun hits, the opposite party told him, oneself husband has been all right, in good condition almost went to be imprisoned, told her straightforwardly, do not want to live again, they can come to take in a maidservant as a concubine! 是乔若云打来的,对方告诉他,自己老公已经没事了,好端端的差点进去坐牢,直接了当地告诉她,别想再住,他们会过来收房！ If in the room has the least bit incorrect place when the time comes, makes her wait! 如果到时候房间里有半点不对的地方,就让她等着！ Wu autumn inspiration to being afraid, seems the theory to be the same with the actual disparity, she felt that the reality with is different, others who Huo Pengfei said were not only all right, but also came out to threaten itself! 吴秋灵感到害怕了,就好像理论和实际的差距一样,她感觉现实和霍鹏飞说的一点都不一样,人家非但没事,还出来威胁自己！ It is not good, this must result in the opposite party asks. 不行,这必须得和对方问问了。 That night what happened, next morning, Wu Qiuling went to the company early, that residence of present is unsafe, although also in probation period, but the company had the feeling of family/home. 当天晚上没发生什么事,第二天一早,吴秋灵早早地就去了公司,现在的那个住所已经不安全了,尽管还在试用期,但公司才有种家的感觉。 Today's training is company that law surnamed Wang does, does not know is the misconception, always felt this Attorney king probably a face has bad luck. 今天的培训是公司那位姓王的法务做的,也不知道是不是错觉,总感觉这位王律师好像一脸的倒霉相。 The training relaxation time, Wu autumn hurries to look for Huo Pengfei agilely. 培训休息时间,吴秋灵便赶紧去找霍鹏飞。 But at this point, in the office of ministry of law, has come back Jingzhou some time Zhou resolute to chat anything with Huo Pengfei. 而在此时,法务部的办公室内,已经回来京州一段时间的周毅正在和霍鹏飞聊着什么。 „Does good, this break also helps our staff rights protections, however, that small koi physique is truly special, which walking which is not smooth.” Zhou resolute said with a smile. “干的不错啊,这放假时间还帮咱们员工维权,不过话说回来,那小锦鲤确实体质特殊啊,走哪哪不顺利。”周毅笑道。 He had a few words not saying that was this small koi very looks like my, was lacks to hang. 他有一句话没说,那就是这小锦鲤挺像我的,就是缺个挂。 Huo Pengfei said with a smile: „Zhou, the small matter, I am also idling in any case, right, what was Teacher side busy at recently? Before has not been making the divorce lawsuit.” 霍鹏飞笑道:“诶周总,小事情,反正我也是闲着,对了,方老师最近在忙什么？之前不是一直在做离婚官司嘛。” „side Dazhuang?” Zhou resolute thinks saying: „He divorced the lawsuit to hit greasily, recently was busy writing the thing.” “方大状？”周毅想了想道:“他离婚官司打腻了,最近在忙着写东西。” side Dazhuang such attorney, regarding the law, will not naturally fall regarding the research of case, had published many things on the criminal case. 方大状这样的律师,对于法律,对于案例的研究自然也不会落下,已经就刑事案例发表了很多的东西。 Although he is the civil action attorney is actually coming...... 虽然他其实是个民事诉讼律师来着…… Two people are chatting, the gate of office was sounded, Huo Pengfei along with tastes: „Come in!” 两人正聊着呢,办公室的门被敲响了,霍鹏飞随口道:“请进！” Quick Wu Qiuling pushes the door to enter, saw Zhou resolute, rushes saying: „Zhou is good, you also here.” 很快吴秋灵推门而入,一眼就看到了周毅,赶忙道:“周总好,您也在这里啊。” Zhou resolute nods, looks that this small koi cracks a joke saying: „Finds Attorney Huo? Needs me to avoid?” 周毅点点头,看着这小锦鲤开玩笑道:“找霍律师吗？需不需要我回避一下？” Huo Pengfei is helpless immediately, Wu Qiuling rushes saying: „Doesn't use Zhou, I find Attorney Huo, is that matter that before rented a room, I have reported.” 霍鹏飞顿时无奈,吴秋灵赶忙道:“不用不用周总,我找霍律师,就是之前租房的那个事,我已经去报案了。” Zhou resolute who wants to leave also came the interest immediately, asked: „Reported? That what situation, was the opposite party grasped? Now should go in?” 原本想离开的周毅也顿时来了兴趣,问道:“报案了？那什么情况,对方被抓没？现在应该进去了吧？” Wu Qiuling looked at whole face pleasantly surprised Zhou resolute, said: „Without Zhou, put on record, the opposite party obtains a guarantor to post one's bail to await trial, but yesterday, they informed me saying that the procuratorate made the decision that did not put on record.” 吴秋灵看了看满脸惊喜的周毅,还是说道:“没有的周总,是立案了,对方取保候审,但是就在昨天,他们通知我说,检察院做出了不予立案的决定。” „What? Doesn't sue? This anything situation!” Zhou resolute immediately very puzzled say/way. “什么？不予起诉？这什么情况！”周毅顿时很不解道。 Before Huo Pengfei to he spoke the case the time he also thinks that certainly can go. 之前霍鹏飞给他讲案子的时候他还以为一定能进去呢。 However thinks, the good image space big shape to have said that circumstance not serious situation, is the slight criminal case, will not greatly possibly put on record very much. 但是想想,好像方大状说过,情节不严重的情况,也就是轻微的刑事案件,很大可能会不立案。 Even if put on record, the procuratorial agency will still make the decision that does not sue, this is very normal. 或者就算立案了,检察机关也会做出不起诉的决定,这都是很正常的。 Huo Pengfei has not felt but actually specially accidental/surprised, but is also interested in the detail very much. 霍鹏飞倒也没觉得特别意外,只是同样对细节很感兴趣。 Wu Qiuling said the special details, immediately asked: „Does Attorney Huo, what to do you look at me now? I am thinking, or first rents a room, cannot stir up me to hide, otherwise they said that tomorrow must force to take in a maidservant as a concubine.” 吴秋灵将具体情况说完,随即问道:“那霍律师,您看我现在怎么办？我是想着要不先租个房子,惹不起我躲得起,不然他们说明天就要来强制收房了。” Huo Pengfei nods saying: „This idea does not have the issue, under the gentleman not vertical danger wall.” 霍鹏飞点点头道:“这想法没问题,君子不立危墙之下。” „Was only you finds the place now already without enough time, I have a house not to rent now, if you had the idea to have a look, was not big, before was me, lived, behind has not sold.” “只是你现在找地方已经来不及了,我有一套房子现在还没租出去,你要是有想法可以去看看,不大,是我以前住的,后面也没卖。” After this is Huo Pengfei joins to ascend probably the change, he may never be able to manage these before. 这大概是霍鹏飞加入腾达之后的改变吧,他以前可从来不会管这些。 Now feels, oneself gives Wu Qiuling to offer advice, but others, because this matter encountered the danger, oneself should manage one, there is nothing to do other, is satisfactory. ” 现在是觉得,自己给吴秋灵出了主意,但是人家因为这个事遇到了危险,那自己就应该管一管,这无关其他,就是顺心而已。” This saying, Wu Qiuling is a little in a daze, Zhou Yigeng stares in a big way the eye, had not discovered that old Huo unexpectedly was a rich man, the Jingzhou two suites! 这话一出,吴秋灵有点发呆,周毅更是瞪大了眼睛,没发现啊,老霍居然还是个有钱人,京州两套房！ However thinks that his beforehand income, probably also normal, attorney industry, before has not done, anything is not, makes money tired little. 不过想想他以前的收入,好像也正常,律师这个行业,没做起来之前什么都不是,赚钱少还往死里累。 If did, making money that was really not the major problem. 但一旦做起来了,赚钱那真的不是什么大问题。 Wu Qiuling a little said hesitant: „This...... this is not quite good Attorney Huo.” 吴秋灵有点犹豫道:“这……这不太好吧霍律师。” „Nothing is not good, decided that you first live, live in the matter to solve, later wants to rent in my there rents, does not want to rent place that can change other.” “没什么不好的,就这么决定了,你先住着,住到事情解决,之后想租在我那里就租,不想租可以换别的地方。” All reckon up, should be I who I manage can definitely manage, when the matter ended, that should pay the rent to pay the rent. 一切都算清楚,该是我管的我肯定会管,等事情结束了,那就该交租金交租金。 „Now I want to ask you, you regarding this matter, but also wants to continue to follow up?” “现在我是想问你,你对于这件事,还想不想继续跟进？” Wu Qiuling hesitant had not said: „That definitely is thinks that they, they really a little went too far.” 吴秋灵没有犹豫就说道:“那肯定是想的,他们,他们真的有点欺人太甚了。” „Yes, is various types looks down upon the person, but I do not have the means now.” “就是,就是各种看不起人,可我现在也没办法啊。” Huo Pengfei hehe smiles: „Who said that you did not have the means that police comrades did not tell you, the prosecution, the prosecution was your means!” 霍鹏飞呵呵一笑:“谁说你没办法了,人家警察同志不是告诉你了嘛,起诉啊,起诉就是你的办法！” Prosecution? Wu Qiuling was silent, said, reports to the police even these, she had not experienced before, not to mention sued. 起诉？吴秋灵沉默了,讲真,就算是报警这些,她以前也都没经历过,更不用说起诉了。 In her mind, suing this matter that is the special trouble, specially difficult, is expensive and strenuous, but may also not win. 在她印象中,起诉这事那是特别的麻烦,特别的难,又费钱又费力的,还不一定能赢。 Saw her appearance Huo Pengfei naturally to guess correctly the idea, quick said: „You trained teaching not to listen before carefully, in our company, if the staff can hand in the application if needed, after the verification of legal department, after Zhou signs, can come to sue for you by the company law!” 见她的样子霍鹏飞自然猜到了想法,很快就说道:“你之前培训讲课没仔细听吧,在我们公司,如果员工有需要的话可以提出申请,经过法务部门的审核,周总签字后就可以由公司法务来替你起诉！” „Similarly, the corresponding expenditure is undertaken, won money part by the legal help fund of company turns over to you, part turns over to the legal help fund.” “同样,相应的开支由公司的法律援助资金承担,赢了的钱一部分归你,一部分归法律援助资金。” „However now, Zhou is here!” “而现在,周总可是就在这里呢！” Then, Huo Pengfei looked to Zhou resolute, he knows, Zhou resolute such pleasure person will definitely not reject. 说完,霍鹏飞看向了周毅,他知道,周毅这样的乐子人肯定不会拒绝。 Really, Zhou said directly: „Here does not have the issue, so long as little Wu you handed in the application, I can sign, my criterion was always, wanted us to endure, that was impossible!” 果然,周某人直接说道:“我这里没问题,只要小吴你提出申请,我就能签字,我的一向准则就是,要我们忍着,那不可能！” Hears this saying, Wu Qiuling breath a little coarsened, this is not cannot sue probably! 听到这话,吴秋灵的呼吸都有点变粗了,这样的话好像也不是不能起诉啊！ However, while she thinks that she had understood when idea of Attorney Huo, Attorney Huo opened the mouth: 然而,正当她以为自己已经了解了霍律师的想法时,霍律师又开口了: „little Wu, you looked that now the procuratorate has made does not sue to decide right.” “小吴啊,你看现在检察院已经做出不予起诉决定了对吧。” Wu Qiuling nods, before that notice said was very clear, did not sue, will give her the written document. 吴秋灵点点头,之前那个通知说的很清楚,不予起诉,而且会把书面文件给她。 „Therefore, must sue in any case, why not the criminal activity civil comes together, invades the house crime illegally, belongs can raise the one crime of private prosecution the Code of Penal Procedure stipulates!” “所以,反正都要起诉,何不刑事民事一起来呢,非法侵入住宅罪,也属于刑事诉讼法规定的可以提起自诉的一种罪哦！” „According to the provision of Code of Penal Procedure, several situations, when the People's Procuratorate has not sued, if we also think, that can raise the criminal private prosecution to the court directly!” “按照刑事诉讼法的规定,有几种情况,当人民检察院没有提起公诉的,如果我们还觉得不行,那就可以直接向法院提起刑事自诉！” Huo Pengfei started oneself performance. 霍鹏飞开始了自己的表演。 Does not seem like libel insult crime these, these are tell process, is you do not go, others public security organ will not manage, only if caused the enormous destruction to the public order. 不像是诽谤罪侮辱罪这些,这些是告诉才处理,也就是你不去告,人家公安机关是不会管的,除非是对社会公共秩序造成了极大的破坏。 But has such several situations, the People's Procuratorate has not sued, the minor criminal case that but some victim evidence prove, can raise the criminal private prosecution. 而有那么几种情况,人民检察院没有提起公诉,但是被害人有证据证明的轻微刑事案件,都可以提起刑事自诉。 The criminal law's 245 th provision, invades the house crime illegally is one of them! 刑法第二百四十五条规定的,非法侵入住宅罪就是其中之一！ „Filed the criminal prosecution, the supplementary civil compensation, this was not solved!” “提起刑事诉讼,附带民事赔偿,这不就都解决了嘛！” Zhou resolute has a look at Huo Pengfei again, right, is not side Dazhuang, but this speech flavor how more and more with side Dazhuang the image. 周毅再次看看霍鹏飞,没错,不是方大状,但是这个说话味道咋越来越和方大状像了。 Wu Qiuling was shocked, the criminal private prosecution she has heard, after all university student, but this can also raise the criminal private prosecution unexpectedly? 吴秋灵更是惊呆了,刑事自诉她听说过的,毕竟大学生,但这个居然也能提起刑事自诉？ Those words, now we regarding the much knowledge are an understanding fur/superficial knowledge, short video how much time, listens to a content, really wants to know, must result in the system thorough learn/study! 还是那句话,现在我们对于很多知识都是了解个皮毛,短视频才多少时间,也就是听一点内容而已,真的想都知道,必须得系统深入的学习！ „Therefore do not feel afraid, if you are willing to raise the criminal private prosecution, I help you, how Zhou does you feel?” Huo Pengfei looked to Zhou resolute. “所以不要觉得害怕,如果你愿意提起刑事自诉,那我来帮你,周总你觉得如何？”霍鹏飞看向了周毅。 Zhou resolute haha said with a smile: „Naturally without the issue, you hits to report that I approve the strip, goes to financial there to draw cash directly, how should sue how to sue.” 周毅哈哈笑道:“当然没问题,你打报告我批条子,直接去财务那里拿钱,该怎么起诉就怎么起诉。” „Is a little......” “就是有一点……” Zhou resolute looks that Wu Qiuling said: „Your this case I need to borrow, pats a video, naturally does not comply, matter that does not affect to sign.” 周毅看着吴秋灵道:“你这个案子我需要借用一下,拍个视频,当然不答应也可以,不影响签字的事。” Huo Pengfei stared in a big way the eye to look at Wu Qiuling immediately, this was with side Dazhuang the same treatment, promised him, promised him quickly! 霍鹏飞顿时瞪大了眼睛看着吴秋灵,这是和方大状一样的待遇啊,答应他,快答应他！ The words spoke in this, Wu Qiuling naturally did not have the opinion, her present condition is, the boss said that anything was anything. 话都说到这份上了,吴秋灵自然没有意见,她现在的状态就是,老板说啥就是啥。 That decided happily, Zhou resolute even suspected, if this case completed, being possible to be by the case interpretation classical case. 那就这么愉快的决定了,周毅甚至怀疑,这案子要是办成了,有可能又会是一个以案释法经典案例。 The landlords cannot secretly since the house that oneself rent, even causes the serious results must be imprisoned! 房东也不能私自进入自己租出去的房子,甚至造成严重后果的还得坐牢！ Also does not know how side Dazhuang thinks when the time comes...... 也不知道方大状到时候会怎么想…… However, even if by the case interpretation classical case, does not place in the company to propagandize still well, at least lets as we all know, the company does not make a show to do with a flourish, but will really help everyone come the rights protection. 不过,就算不是以案释法经典案例,放在公司里宣传也不错,至少让大家都知道,公司并不是耍花枪,而是真的会帮大家来维权的。 Quick, after obtaining Wu Qiuling is authorized, Huo Pengfei then in high spirits start preparation, if heaven pities me, since this is the first criminal private prosecution case that he has been employed takes. 很快,在取得吴秋灵授权之后,霍鹏飞便兴高采烈的开始准备,天可怜见,这是他从业以来接的第一个刑事自诉案子。 Really before had not guessed wrong, has the meat to eat with Zhou! 果然之前没猜错,跟着周总就是有肉吃！ Evidence anything prepared, after all can put on record, can give authorization for arrest, explained that truly reached the standard of criminal offense. 证据什么的都准备好了,毕竟能被立案,能被批捕,说明确实达到了刑事犯罪的标准。 Because is too slight, therefore does not sue, but does not represent this to be really all right, because of after all the judicial and public security organs division, the court is the judicial organization. 只是因为太轻微,所以不予起诉,但不代表这就真的没事,因为毕竟公检法司,法院才是审判机关。 However for safety's sake, Huo Pengfei made Wu Qiuling make a more detailed inspection, do not ask, asked was despondent. 不过为了保险起见,霍鹏飞还是让吴秋灵去做了一份更加详细的检查,别问,问就是抑郁了。 Also is the present also a little conscience, will otherwise make Wu Qiuling come one directly „suicide” but was discovered behavior that is all right. 也就是现在还有点良知,否则直接会让吴秋灵来一个“自杀”但是又被发现而没事的行为。 Must commit suicide, you said that this situation is serious! 都要自杀了,你就说这情况严不严重吧！ But also has the morning of spring cold weather in one, Huo Pengfei went to Guangming District Court registration hall. 而在一个还带着春寒的早上,霍鹏飞来到了光明区法院立案大厅。 Inside staff have been used to the criminal private prosecution, but has a look at that person private prosecutor and trial lawyer who raised the private prosecution, has not a little responded, this time unexpectedly was not surnamed Zhou and surnamed Fang? 里面的工作人员已经习惯了刑事自诉,但是看看那个提起自诉的人自诉人和辩护律师,又有点没反应过来,这次居然不是姓周的和姓方的？ However deferred to the stipulation to start to examine, looks at one to say: „Comrade, your criminal private prosecution must have the procuratorate......” 不过还是按照规定开始审查,看了一会道:“同志,你这个刑事自诉得有检察院的……” „The proof that procuratorate has not sued, I bring, here.” “检察院没有提起公诉的证明嘛,我带着呢,在这里。” The staff received to come to see, completeness that very, others prepare. 工作人员接过来看看,果然,人家准备的很齐全。 It seems like this year Jingzhou the law popularization propaganda does is very good, some case also people that this type of procuratorate does not sue raised the criminal private prosecution, after that estimate, should be more. 看来京州今年普法宣传做的很不错啊,这种检察院不起诉的案子也有人来提起刑事自诉了,那估计以后应该会更多。 First pays silent tribute a meeting for the hair of this institute judges. 为本院法官们的头发先默哀一会吧。 Makes up owes, the present is 116,000 characters. 补欠更,现在是十一万六千字。 ( This chapter ends) (本章完)