Did Chapter 370 appeal? 第370章抗诉了？ Zhou resolute was very busy for these days, specially busy. 周毅这几天很忙,特别的忙。 He must meet with the defendant family member from various localities, is good has a familiar task and handles it with ease in this aspect because of Zhou. 他要和来自各地的被告家属见面,好在周某人在这方面驾轻就熟。 The principle only then, you must apologize clearly, I forgive to withdraw a suit. 原则只有一个,你真真切切地要道歉,那我就原谅撤诉。 But if you asked to mediate added that what some did not have, that was sorry, I did not accept the mediation. 但你要是来求调解了还说什么有的没的,那抱歉,我就是不接受调解。 Facts showed that the family member who these do not figure out is rarely seen. 事实证明,那些拎不清的家属还是不多见的。 Some people, were used to spend money to solve the problem probably, met asked him, wanted how much money. 只是有的人,好像习惯了用钱解决问题,见面了就问他,要多少钱。 For example person who That side chapter of Qi sends. 比如章琪那边派来的人。 Zhou resolute also thinks the team that star can figure out probably, finally, others conscientious attitude. 周毅还以为明星的团队大概能拎得清,结果呢,人家一副公事公办的态度。 Met asked that you wanted how much money, but also a face „you such person I saw” expression. 见面了就问你要多少钱,还一脸“伱这样的人我见多了”的表情。 Zhou resolute does not bring to respond, turns around to walk. 周毅根本不带搭理的,转身就走。 The present Jingzhou that can be said as several liking several to worry. 现在的京州那可以说是几家欢喜几家愁。 The rejected these family members, have to think that online complained, but the discovery, no self media are actually willing to help them speak again. 被拒绝的那些家属,有心想在网上吐槽,但却发现,没有哪个自媒体愿意再帮他们说话。 To find the person to expose to various parental types of jade jade, before can, person who knows, heard what exposure is Jingzhou resolute, deletes the blacklisted a dragon. 向玉玉的父母各种想找人曝光,可以前认识的人,一听说曝光的是京州阿毅,删除拉黑一条龙。 Therefore can only online send some words, what resolute did not accept the mediation heart is too narrow...... 所以只能自己在网上发一些话,什么阿毅不接受调解心胸太狭窄了…… No matter but how they make, the holding court time that the court sets arrived. 可不管他们怎么弄,法院定下的开庭时间还是到来了。 Before placing, Guangming District Court will be thrown into confusion, but currently, has the first several experiences, everyone was used. 放在以前,光明区法院会手忙脚乱,但是现在嘛,有了前几次的经验,大家都习惯了。 At least the judges have prepared for fell hair again. 起码法官们已经做好了再掉一圈头发的准备。 Especially this time also has a star! 尤其是这次还有一位明星！ Guangming District Court has not sentenced the star to be put in prison...... this is first time. 光明区法院还没怎么判过明星入狱呢……这可是头一次。 Therefore was put first day to examine to jade jade. 所以向玉玉被放到了第一天来审。 By the present, the online section Qi account number had been prohibited comprehensively, the people of various roads also start various criticism ridicules. 到了现在,网上章琪的账号已经被全面封禁,各路的人士也开始各种批评嘲笑。 Is one's turn everybody hits you when you are down, that many is experienced. 轮到墙倒众人推,那很多人是经验丰富的。 section Qi the crime is big, is the insult crime, how long could not sentence, however in many mouths, probably her crime be more serious than the murder. 章琪的罪再大,也就是个侮辱罪,判不了多久,但是在很多人嘴里,好像她的罪过要比杀人都严重。 This arrived at another extreme, Zhou resolute does not like very much. 这又到了另一个极端,周毅很不喜欢。 But he is impossible to make anything again, turns over to earnestly earnestly, helping one just offend own person to be earnest, that a little played dumb. 但他也不可能再做什么,较真归较真,帮着一个刚刚得罪自己的人较真,那就有点犯傻了。 All routinely conducts, under being a focus of public attention, holding court time. 一切都在按部就班的进行,在万众瞩目之下,开庭时间到了。 Zhou resolute marched into the court as the private prosecutor and side Dazhuang, the bailiff also approaching the jade jade belt. 周毅作为自诉人和方大状步入了法庭,法警也把向玉玉带了上来。 In the visitors'gallery, is shaking to the parents and village skilled people of jade jade, short some time does not see, felt old ten years old to jade jade. 旁听席上,向玉玉的父母和庄强手都在抖,短短的一段时间不见,向玉玉感觉老了十岁。 Definitely crosses not well in, this point does not need to say much. 在里面肯定过得不好,这一点不需要多说。 Because of anything, because you were illegal, because of your crime, going in that was the penalty rather than makes you enjoy! 因为什么,因为你违法了,因为你犯罪了,进去那是惩罚而不是让你享受的！ Therefore said each time what criminal also needs the human rights, that listens even...... 所以每次说什么罪犯也需要人权,那听听就算了…… After all the range of human rights was too broad, that stressed the human rights, making them go in the normal person same life? 毕竟人权的范围太广了,那都讲人权,让他们进去了还是和正常人一样的生活？ The dignity of that criminal law where, who will have to dread to the criminal law? 那刑法的尊严何在,谁还会对刑法有畏惧呢？ Zhang Wei's hand also shakes, this is his first surface opposite party big shape! 张伟的手也抖,这是他第一次面对方大状！ Person the shadow of famous tree, that bald person toward there stand, makes people feel Alexander. 人的名树的影,那个秃子往那里一站,就让人感觉亚历山大。 Behind of gold-rimmed eyeglasses, an eye like the eye of condor, soon must start own hunting for probably! 金丝眼镜的后面,一双眼睛如同秃鹰的眼睛,好像即将要开始自己的捕猎了！ But Zhang Wei told himself to stand firm, he before and met to jade jade has said. 但张伟告诉自己要稳住,他在之前和向玉玉见面的时候已经说过了。 Mediated not possibly, because her parents gave personally this road. 调解不可能,因为她爹妈亲自把这条路给断了。 At that time could not forget to jade of jade expression Zhang Wei for a lifetime, that was the heart such as the feeling of dying embers. 当时向玉玉的表情张伟一辈子都忘不了,那是心如死灰的感觉。 Is good is credible because of Attorney stretch/open, told her also hopefully. 好在张律师靠谱,跟她说还有希望。 The hearing started, presents evidence to question witnesses the accident/surprise that the link and has no. 庭审开始了,举证质证环节并没有任何的意外。 The opinion that evidence that the needle opposite party big shape submits, for example the greatly green book and short video platform the master of account number, as well as its expresses achieves the criminal law provision standard these, basically does not have the objection. 针对方大状提交的一份份证据,比如大绿书和短视频平台的账号的主人,以及其所发表的言论达到刑法规定的标准这些,基本上是没有异议的。 But to the forensic argument link, Zhang Wei revealed own viewpoint finally. 而到了法庭辩论环节,张伟终于亮出了自己的观点。 „Our litigants when making related opinion, has not mentioned names, in other words, no one knows at that time our litigants are worth are Zhou resolute.” “我方当事人在发出相关言论之时,并没有指名道姓,也就是说,当时没有人知道我方当事人值得是周毅。” „However in the constitution of libel, this/should behavior needs to aim at the specific person, must other to know that who this is!” “而诽谤罪的构成中,该行为需要针对特定的人,必须让其他人能知道这是谁！” This is discuss chose/point who Zhang Wei found recently, to jade jade most starts, no matter small thesis, is the video, not in view of anyone. 这就是张伟最近找到的辩点,向玉玉最开始不管是小作文,还是视频,都没有针对谁。 The reason is conducting the human flesh search in later many netizens, because they do not know in this video to refer to anyone. 理由是在之后很多网友都在进行人肉搜索,因为他们不知道这视频里指的是谁。 The result said, sees side Dazhuang a face taunt, on the face writes on the difference „your law teacher teaches the sports” and so on words. 结果说完后就看到方大状一脸地嘲讽,脸上就差写着“你的法学老师是教体育的”之类的话。 The law there, all looks at individual understanding. 法条就在那里,全看个人理解。 Similarly, the evidence there, has not truly mentioned names saying that to the small thesis that jade jade most started who the opposite party was. 同样,证据也都在那里,向玉玉最开始的小作文确实没有指名道姓说对方是谁。 At that time however, she periphery the person the video that patted sending to oneself short video platform. 但是呢,她把当时周围人拍的视频给发到了自己的短视频平台。 Although in two platforms, because is a person sends, in addition his nature, therefore legally, these two behaviors have the extremely strong relatedness. 虽然是在两个平台,但是因为都是一个人发的,加上其本身的性质,所以在法律上,这两个行为具有极强的关联性。 Even can be regarded as a behavior. 甚至可以看做是一个行为。 That, many people know in such a case is that person in video, although they do not know the name of opposite party, but does not hinder them to launch the net violent. 那在这样的情况下,很多人知道了就是视频中的那个人,虽然他们不知道对方的名字,但并不妨碍他们对其展开网暴。 What is more important, may not have to idle to jade jade, she said in the following reply. 更重要的是,向玉玉可没有闲着,她在后面的回复中说了很多。 Synthesizes, had recognized for sufficiently aims at the action for slander of specific group. 综合下来,已经足以认定为是针对特定对象的诽谤行为了。 Unsurprisingly, in side Dazhuang the debate, Zhang Wei's voice is getting more and more low, he was also pressed on the ground rubs. 不出意外,在和方大状的辩论中,张伟的声音越来越低,他也被按在地上摩擦了。 side Dazhuang when holding court debated all along does not have the human nature, sees finally, Zhou resolute felt, this young attorney is a little miserable. 方大状在开庭辩论的时候一贯是没有人性的,看到最后,就连周毅都觉得,这个小律师有点惨。 Not to mention to jade jade, this little while is completely silly. 更不用说向玉玉了,她这会儿已经完全傻了。 side Dazhuang the logic was too clear, listening to his statement to answer his entire logic. 方大状的逻辑太清晰了,听他的陈述就可以直接听出来他的一整个逻辑。 A point wraps one point, understood what is heard to jade jade litigant, oneself do that fully conforms to the provision of criminal law as well as related judicial interpretation. 一环套一环,就连向玉玉这个当事人都听明白了,自己这么做,完全符合刑法以及相关司法解释的规定。 The closing statement not to mention, had cried the tears person on the court to jade jade. 最后陈述更不用说了,向玉玉在法庭上已经哭成了泪人。 Her acknowledgment mistakes, said oneself have not truly thought at that time like this makes the issue. 她各种承认错误,说自己当时确实没想到这样做有问题。 The acknowledging guilt repentance, can only say that opens wide understood a point that the attorney teaches finally. 认罪悔罪表现,只能说张大律师总算教的明白了一点。 Fixed-term imprisonment six months, suspend sentence for a year! 有期徒刑六个月,缓刑一年！ According to the stipulation, may condemn the solid punishment in the situation, the court greatly probably takes the criminal precautionary measure regarding the private prosecution accused person very much. 按照规定,有可能会判处实刑的情况下,法院很大可能对于自诉被告人采取刑事强制措施。 However, the suspension of sentence looked at the situation. 但是呢,缓刑就看情况了。 „What? side Dazhuang, you were said before you, thought that should so not be serious?” Zhou resolute a little curious say/way. “什么？方大状,你是说你之前觉得应该不会这么严重？”周毅有点好奇道。 side Dazhuang smiles: „This case told the facts, the opposite party crime was the affirmation, but should not sentence for six months, the discretion of punishment was a little heavy.” 方大状笑了笑:“这个案子实话实说,对方犯罪是肯定的,但是应该不会判六个月,量刑有点重。” „Before I thought should be controls or imprisons the suspension of sentence.” “我之前想的应该是管制或者拘役加缓刑的。” „Moreover to be honest, this case, if I in the opposite party, have greatly possibly debate very much successfully commuting a sentence.” “而且说实话,这个案子,如果我在对方,有很大可能是把减刑辩成功的。” Zhou resolute shakes the head saying: „Before looked you defend such is very self-confident.” 周毅摇摇头道:“之前看你辩护的时候那样子很自信啊。” „Attorney, no matter how to think at heart, but displays certainly is very self-confident, how otherwise also to debate!” “律师嘛,不管心里怎么想的,但表现出来的一定是非常自信,否则还怎么辩论！” Rules, to jade jade indicated that must make the appeal! 判决下来,向玉玉表示要提起上诉！ She thinks that she has the mistake, but should not be sentenced, had not at least been in the crime situation. 她认为自己有错,但不应该被判刑,至少没到了犯罪的地步。 But has not made to the parents of jade jade, is planned evidently probably the legal way arrived at the bottom. 而向玉玉的父母也没有闹起来,看样子好像已经是打算法律途径走到底了。 That continues to examine, his Zhou resolute never feared in any case consumes. 那就继续审呗,反正他周毅是从来不怕耗的。 Started to examine, that examined one by one, the issues of many were actually not the slanders, because slandered this thing, what if most started some people to say was the lie, others do not know that this was false, then retransmitted, generally did not involve the crime. 开始审了,那就挨个审,很多人的问题其实不是诽谤,因为诽谤这个东西,如果最开始有人说的是假话,其他人不知道这是假的,然后转发,一般是不涉及犯罪的。 But if knows that this is false, but also the repeater, you had the issue intentionally. 但如果知道这是假的,还故意转发,那你就有问题了。 Sounding like the subjective consciousness is very strong, oneself said that is really real, said that false is false, but the actual operation is not such simple. 听起来好像主观意识很强,自己说真就是真,说假就是假,但实际操作不是这么简单。 The judgment subjective aspect whether intentionally, that has the evidence standard of set. 判断主观方面是否故意,那都有一整套的证据标准。 Their these dog lovers and big V, because of the insult crime, catches others to scold, ancestor 18 generations of scolding. 他们这些爱狗人士和大V,很多是因为侮辱罪,逮着人家往死里骂,祖宗十八代的骂。 Does not know also thinks what bitter hatred. 不知道的还以为有什么深仇大恨呢。 Examines to jade jade is section Qi, section Qi the situation is more serious. 向玉玉审完就是章琪,章琪的情况更严重。 Although her attorney is eloquent, various types for its argument, but is useless, the side is possessed by spirits greatly, if hangs the sea. 尽管她的律师口若悬河,各种为其辩解,但是没用,方大状口若悬海。 No matter sells miserably does, making a mistake was wrong. 不管是卖惨还是干嘛,错了就是错了。 As the star of public figure, should be cautious in word and deed, rather than easily insulted others for instance. 作为公众人物的明星,更应该谨言慎行,而不是在那种情况下轻易对别人进行辱骂。 Then in driving the fans insulted together does not come out to argue. 然后在带动粉丝一起辱骂时又不出来辩解。 Synthesizes, section Qi is fixed-term imprisonment eight months, suspends sentence for two years. 综合下来,章琪是有期徒刑八个月,缓刑两年。 Had this result, section Qi also recognized, she in the online resentment this resentment that finally saw the retribution. 有了这个结果,章琪也认了,她在网上怼了这个怼那个,终于是见到了报应。 Later even to resurface is impossible, the misdeeds artist must result in blocks completely. 以后就算想复出也不可能了,劣迹艺人必须得全部封杀。 Each time hearing, no matter criminal activity civil, Zhou resolute participated, after going back, gave the work room the related material. 每一次的庭审,不管刑事还是民事,周毅都参加了,回去之后就把相关的资料给了工作室。 Obviously, this video compares the liver time. 显而易见,这一次的视频又比较肝。 Because chose the appeal to jade jade and several other defendants, therefore after must wait to appeal to finish, can send out the video. 只是因为向玉玉和另外几个被告选择了上诉,所以得等上诉结束后才能发出视频。 The second trial arrived in the province the institute, basically does not have in the situation of new evidence, the second trial will rarely change the ruling of first trial. 二审来到了省中院,基本上没有新证据的情况下,二审很少会更改一审的判决。 Only if the ruling of first trial wrong odd...... 除非一审的判决错的离谱…… As the law mallet of judge falls, the second trial had the result, rejected the appeal by upholding the original judgement! 随着法官的法槌落下,二审有了结果,驳回上诉,维持原判！ In the man (Han) chancellery outside the institute, to marching also old several years old was probably same. 汉东省中院之外,向进军好像也老了几岁一样。 Zhang Wei is shaking the head to say there: „To uncle, this was really does not have the means that at least currently speaking, we truly could not win this lawsuit.” 张伟在那里摇着头道:“向大叔,这是真的没办法了,至少就目前来说,我们确实赢不了这个官司。” To marching lowers the head had not spoken, only then his wife side has been saying anything verbosely. 向进军低着头一直没说话,只有他老婆一直旁边絮絮叨叨地说着什么。 Said her daughter cruel fate, said words that the opposite party is so how cruel and so on. 说她女儿命苦,说对方怎么就这么残忍之类的话。 Suddenly, to marching raised the head to ask: „Attorney stretch/open, you said that this second trial ended, we have what means to continue to appeal again, you also know, my such daughter, she , if there is settling a case bottom, later is not really easy to do.” 突然,向进军抬头问道:“张律师,你说这二审完了,我们还有什么办法再能继续上诉呢,你也知道,我就这么一个女儿,她要是有了案底,以后真的不好办。” Case history thing, some people abstained extremely, thinks how cannot have the case history. 案底这个东西,有的人极其忌讳,认为怎么样都不能有案底。 Some people feel indifferent, oneself do not test in any case Duke does not have the government food, indifferent. 有的人吧觉得无所谓,反正自己不考公不吃公家饭,无所谓的。 To marching oneself hasn't done, but is thinking does not write up a case the bottom. 向进军自己没有干嘛,但还是想着不留案底。 On Zhang Wei's idea, that suspended sentence like this in any case, the careful point passed this year to be all right. 就张伟的想法来说,那都这样了,反正是缓刑,小心一点过了这一年就没事了。 But since others asked that can only say: „If also thought that this assigns a penalty unfairly, that also road, goes to the procuratorate to make the appeal!” 但既然人家问,那就只能说道:“如果还觉得这判罚不公,那还有一条路,去检察院提起抗诉！” Appeal, is the trial monitor program of procuratorate! 抗诉,也就是检察院的审判监督程序！ This thing extremely strict, generally speaking do not think, only if there is very strict evidence, conforms to the relevant law to stipulate, affected ruling, will mention this procedure/program. 这个东西极其的严格,一般来说你是不要想,除非是有很严格的证据,符合相关法律规定,影响到判决了,才会提起这个程序。 Otherwise, the normal second trial ended ended. 否则,正常来说二审完了就是完了。 The litigants asked, Zhang Wei must say, he is an attorney, has this duty, similarly he also has the duty to talk clearly the matter. 当事人问,张伟是必须要说的,他是律师,有这个义务,同样他也有义务将事情说清楚。 „To the uncle, my suggestion left, does not need.” “向大叔,我的建议是别了,没必要的。” Really does not need, after all suspends sentence, if the opposite party really requests to do that he will continue to do. 真的是没必要,毕竟是缓刑,不过如果对方真的要求这么做,那他是会继续做下去的。 Makes money in any case, is not shabby. 反正赚钱嘛,不寒碜。 „After the appeal, if successful, that relevant case will retry, when the time comes the ruling possibly changed.” “抗诉之后,如果成功了,那相关案件就会进行重审,到时候判决结果就可能改变了。” „Good Attorney stretch/open, that to ask you, you went to apply to us, tried to find the solution in any case, if we had known should listen initially your.” “好张律师,那就一切都拜托你了,你去给我们申请吧,反正想办法,早知道当初就应该听你的了。” To marching regrets to say very much. 向进军很是后悔道。 That applied, will try not be pregnant in any case. 那就申请吧,反正试试又不会怀孕。 ............ ………… The time passes quickly, the judgment of second instance has become effective. 时间过得很快,二审判决已经生效了。 Zhou resolute the video also manufactured to be completed, he dubbed at home. 周毅的视频也制作完成了,他在家里进行配音。 „Fellow dear audience master everyone's good, I am your old friend resolute, I have not thought that and everyone will meet in such form.” “各位亲爱的观众老爷大家好,我是你们的老朋友阿毅,我也没想到会以这样的形式和大家见面。” „Some matter people are very clear, some people are not clear, but are not related, I stroke.” “事情有的人很清楚,有的人不清楚,不过没关系,我来捋一捋。” The general matter will say, Zhou resolute started to say the result. 将大概的事情讲了一遍,周毅开始说结果。 The ruling can „internet”, is the referee copy clerk network, therefore says no. 判决结果都会“上网”,也就是裁判文书网,所以说一说没什么。 „Originally I want to make her compensate my lamp, the result has not thought that is a young thesis expert, oneself doing.” “本来我只是想让她赔我的灯,结果没想到又是一个小作文能手,把自己给搞进去了。” „Oh, how making one say that murder case that a dog triggered?” “唉,让人怎么说呢,一条狗引发的血案？” Is recording the video, cell phone sound. 正在录制视频呢,手机响了。 Zhou resolute hurries to bring, at this time he will adjust the mute the cell phone, then few individual telephones will hit to ring. 周毅赶紧拿过来,这个时候他是会把手机调静音的,只有那么寥寥几个人的电话打过来会响。 Looks is side Dazhuang. 一看是方大状。 „How side Dazhuang?” “怎么了方大状？” „What? The opposite party successful applicant, the procuratorate made the appeal, now did the case sending back retry?” “什么？对方申请成功了,检察院提起了抗诉,现在案子发回重审了？” „This, this is what situation!” “这,这是什么情况啊！” side Dazhuang hehe smiles: „You still remember before me, with words that you spoke not, this ruling expects compared with me wants seriously.” 方大状呵呵一笑:“你还记得我之前和你说的话不,这次的判决比我预料的要重一点。” „If the opposite party found the recent evidence to submit, perhaps that can successfully make the procuratorate appeal.” “如果对方找到了新的证据提交了,那说不定就能成功让检察院抗诉。” „But, the appeal sending back retries is not completely the good deed, retrying after procuratorate appeal, does not need to abide by the principle that the appeal does not inflict physical torture.” “不过,抗诉发回重审可不完全是好事,检察院抗诉后的重审,可不需要遵循上诉不加刑的原则。” ............ ………… ps: The trial monitor program in reality may be more difficult than this, the plot service, do not lead into the reality. ps:现实中的审判监督程序可比这难多了,剧情服务,不要带入现实。 South second, thank a big brother, the mountain big brother, the type elder sister's forever god big brother, another new big brother, the fat cat story big brother, big brother writing idiot, when big brother Sanmao knelt outside, big brother Eric3Fang, Guangda of elder brother wind spirit. 第二更,感谢南条大哥,山岳大哥,式姐永远的神大哥,又一个新手大哥,肥猫物语大哥,文痴大哥,跪外的啥时间三毛大哥,Eric3Fang大哥,风灵之光大哥。 ( This chapter ends) (本章完)