Chapter 371 I said that the little elder sister is definitely all right! 第371章我就说小姐姐肯定没事的！ Tries the monitor program, is the procuratorate appeal that we said often, Zhou resolute naturally knows. 审判监督程序,也就是我们经常说的检察院抗诉,周毅自然是知道的。 The appeal not inflicting physical torture principle was side Dazhuang had also said. 上诉不加刑原则也是方大状曾经讲过的。 Very simple, according to the Code of Penal Procedure's 237 th provision, the close relative, the legal representative, the lawyer and others the case that appealed, penalty that can not aggravate the accused person. 很简单,根据刑事诉讼法第二百三十七条的规定,近亲属,法定代理人,辩护人等上诉的案件,不得加重被告人的刑罚。 The judgment of first instance said that this person is imprisons, after you appeal, cannot say that sentences the fixed-term imprisonment 20 years. 一审判决说这人是个拘役,那你上诉后就不能说给人判成有期徒刑二十年。 Then, when the second trial court tried discovered recent evidence, but these recent evidence affected the ruling sufficiently, what to do, simple, the sending back retried! 那么,在二审法院审理期间发现了新的证据,而这些新的证据足以影响到判决的,怎么办,简单啊,发回重审！ But the procuratorate was different, no matter before the ruling becomes effective , after becoming effective, can propose the appeal in view of the ruling! 而检察院就不同了,不管是判决生效前还是生效后,都可以针对判决提出抗诉！ Here must pay attention, the appeal of procuratorate will not limit to will only help you commute a sentence. 这里就要注意,检察院的抗诉可不会局限于只会帮你减刑的。 Many people read the soap opera or the novel, the defendant appealed year after year, then the procuratorate appealed finally, then the court retried to announce sets free with a verdict of not guilty. 很多人看多了电视剧或者小说,被告年年申诉,然后检察院终于抗诉,然后法院重审宣告无罪释放。 Then thought that the appeal of procuratorate regarding the defendant definitely is the good deed. 然后就觉得检察院的抗诉对于被告来说肯定是好事。 The fact that was certainly different, the appeal of procuratorate is not always divided anything to be good and bad, so long as discovered that in the ruling has several situations in Code of Penal Procedure stipulating, will conduct the appeal. 事实当然那不一样了,检察院的抗诉从来都不分什么好与坏,只要发现判决里有刑事诉讼法中规定的几种情形,都会进行抗诉。 If discovered that the new evidence of defendant crime, the sending back retries, that situation was different, the appeal of procuratorate, not suitable appeal not inflicting physical torture principle. 那如果发现被告犯罪的新证据,发回重审,那情况就不一样了,检察院的抗诉,不适用上诉不加刑原则。 These two content Zhou resolute are know that but he has not pondered from this aspect. 这俩内容周毅都是知道的,但是他还从来没有从这方面思考过。 Now heard side Dazhuang such a saying to come the interest immediately. 现在听到方大状这么一说顿时来了兴趣。 „side Dazhuang, you mean...... this time appeals successfully, to us not necessarily is the misdemeanor?” Zhou resolute curious say/way. “方大状,你的意思是……这次抗诉成功,对我们来说不一定是坏事？”周毅好奇道。 side Dazhuang said with a smile: „Cannot say that was before lets investigate the evidence of opposite party joyfully, as a result, this matter are many to the young lady has done.” 方大状笑道:“也不能这么说吧,就是之前让欣然去调查对方的证据,结果发现,这位向小姐做过的事还不少呢。” Those words, online have done the matter, will basically leave the trace. 还是那句话,网上做过的事,基本上都会留下痕迹。 Not to mention did not care about these to jade jade before, online curses at people that to scold, fictionalized the fact to slander the person, that slandered. 更不用说向玉玉在以前根本不在意这些,网上骂了人那就骂了呗,虚构事实来诽谤人,那就诽谤了呗。 In any case everyone in online, who knows that hides in the back person is. 反正大家都是在网上,谁又知道躲在背后的人是谁呢。 After she was mentioned the private prosecution , before deleting, scolded Zhou resolute these, but had spoken before the words may. 她被提起自诉后只是删除了之前骂周毅的那些,但以前说过的话可都在呢。 Zhou Xinran took the investigation of court to make the major companies investigate. 周欣然拿着法院的调查令去各大公司做了调查。 These companies of present regarding the investigation that Zhou resolute came have not been the beforehand attitude, that basically coordinated completely. 现在的这些公司对于周毅这边来的调查早已经不是以前的态度了,那基本上是完全配合。 So long as Zhou resolute puts out the investigation command, how that should investigate how investigates. 只要周毅这边拿出调查令,那该怎么调查就怎么调查。 , Here side Dazhuang then found in the course of contacts, if really goes into seriously, this to jade jade young lady has made the evil really many! 一来二去的,这边方大状便发现,如果真的深究,这位向玉玉小姐做过的孽真的不少！ Not speaking too far, the year before last , an event that online explodes, in a store entrance, has the father who the belt/bring the child is going out. 远的不说,前年之时,网上爆出来的一个事件,在一个商店门口,有带着小孩出门的父亲。 Then, the stray dog goes forward to randomly call to the child, even there is a behavior of attack, frightens the child cries. 然后呢,有一只流浪狗上前对着小孩乱叫,甚至有攻击的行为,把小孩吓得大哭。 When father's nature could not tolerate, becomes the father, took the wooden stick to start to beat a dog directly. 当爹的自然看不过去了,一个当爹的,直接拿了木棒就开始打狗。 The dog ran, is driving to pursue the dog, finally gave the dozen to be crooked the mouth of dog. 狗跑了,开着车又去追狗,最后把狗的嘴都给打歪了。 Looked in any case video time felt, this dog is very probably pitiful. 反正看视频的时候感觉,这狗好像很可怜。 If this, matter was patted, then sent online. 如果是这样也就罢了,事情被人拍下,然后发到了网上。 First is the repeater that the friend encircles, starts to get angry directly approves, said that this father, is working as the child wreaks havoc facing a stray dog, merely is because the stray dog was calling several to the child. 首先是朋友圈的转发,直接开始怒批,说这一个父亲,当着小孩的面对一只流浪狗施暴,仅仅是因为流浪狗对着孩子叫了几声。 The so cruel act, making the next generation learned make one „person”? 如此残忍行径,让下一代怎样学会做一个“人”呢？ These words are actually not anything, even after all many normal people look at the video, should still feel a little cruel. 这些话其实也不算什么,毕竟就算是很多正常人看视频,也会觉得有点残忍。 Because the person has the compassion regarding the weak ones. 因为人对于弱者都是有恻隐之心的。 However, the matter that then has was a little unexpected, this father's status came out by the direct flesh, then is the net violent of blotting out the sky. 然而,接下来发生的事就有点出乎意料了,这父亲的身份被直接人肉出来,然后便是铺天盖地的网暴。 The dog lovers of various roads attack this father crazily, probably he did any dishonorable matter. 各路的爱狗人士疯狂地攻击这个父亲,好像他做了什么伤天害理的事。 Many people make him give a view, what view, the apology definitely is incorrect, you made into the dog such, apologized usefully? 很多人让他给个说法,什么说法呢,道歉肯定是不行的,伱都把狗打成那样了,道歉有用吗？ Moreover the reason is very simple, others dog has not nipped your family child, why you can that cruel beats a dog? 而且理由很简单,人家狗都没咬到你家孩子,你凭什么就能那么残忍的去打狗呢？ Very straightforward logic, seems like looks familiar very much. 很直白的逻辑,看上去很眼熟。 Similar to the justifiable defense, must result in the dog to nip you to counter-attack, moreover cannot too cruel...... 就跟正当防卫差不多,必须得狗咬了你才能进行反击,而且还不能太残忍…… In brief, the net violent, lost money finally by the child father, whom the compensated money gave, by local dog lover minute/share. 总之,网暴了,最后以小孩父亲赔钱了事,赔的钱给了谁呢,被当地的爱狗人士分了。 Has anything regarding that stray dog, then I don't know. 至于说那条流浪狗有没有得到什么,那就不知道了。 But in that event, to jade jade is the charge before the main army! 而在那起事件中,向玉玉就是冲锋在前的主力军！ In trend that her has hidden, has crazy attack one after another, these virulent languages, even makes people be inconceivable. 她那已经隐藏的动态里,有着一条又一条的疯狂攻击,那些恶毒的语言,甚至让人难以想象。 Probably the opposite party hit a stray dog, probably hit her family member to be the same, even hitting her family member was more excessive. 好像对方打了一条流浪狗,像是打了她的亲人一样,甚至要比打了她的亲人更加过分。 This is also only a serious matter, is similar to such matter, suffices on the criminal standard more than five times! 这还只是其中一个严重的事,类似于这样的事,够得上刑事标准的不下五次！ Had similar matter each time, can send out to launch the crazy attack to jade jade. 每次有了类似的事,向玉玉都会出动进行疯狂的攻击。 In parents' eyes, she is forever that small treasure, however in online, she hides in the keyboard following dog lover. 在父母的眼里,她是永远的那个小宝贝,但是在网上,她就是躲在键盘后面的爱狗人士。 Just, these cases are the criminal private prosecution cases, takes no action as long as no one makes an accusation, in that case, will be no one will basically think of criminal private prosecution road. 只不过呢,这些案子都是刑事自诉案件,不告不理,在那样的情况下,基本上是没有人会想到刑事自诉这条路的。 Even can say, the slander insulted this class matter, because of some handsome young man, therefore this little while started to be in vogue. 甚至可以说,诽谤侮辱这类的事,都是因为某个靓仔,所以这会儿才开始盛行起来。 Let people to know, originally in online our was slandered, was insulted, that is can completely solve the problem through the legal way. 让人们都能知道,原来在网上我们被人诽谤了,被人侮辱了,那是可以通过法律途径来彻底解决问题的。 Although is very difficult, although is very tedious, but is a road! 虽然很难,虽然很繁琐,但不失为一条路！ „Therefore, we must find the opposite party, making them also raise the criminal private prosecution, then, this is also during the new evidence that the appeal discovers, the court must consider these evidence!” “所以,我们是不是要找到对方,让他们也提起刑事自诉,然后,这样也算是在抗诉期间发现的新证据,法院是必须要将这些证据都考虑到的！” Zhou resolute the look started to shine. 周毅的眼神开始发亮了。 He after knowing the procuratorate appeal also thinks that this time really had the issue, after all side Dazhuang also said, the discretion of punishment was a little slightly heavy. 他在知道检察院抗诉之后还以为这次真的有问题了,毕竟方大状自己也说,量刑稍微有点重。 Although is the suspension of sentence...... 虽然是缓刑…… But has not thought that this did such many matters to the woman in the past, but had not actually received the sanction of law. 只不过没想到这位向女士过去做了这么多事,但却一直没有受到过法律的制裁。 Therefore simply has not thought in this time her will have such result, ratio this that because others online scolded before was more insane was also all right. 所以在这次她根本没有想过会有这样的结局,因为人家以前在网上骂的比这疯多了也没事。 „Therefore, all looked that you are willing to do that!” side Dazhuang said with a smile. “所以,一切就看你愿不愿意这么做了！”方大状笑道。 „Wants, I want certainly!” Zhou resolute said quickly: „Perhaps is been a little late regarding these, but after all, is a little result of net suddenly/violently Deren seeming like.” “愿意,我当然愿意！”周毅很快说道:“或许对于这几位被网暴的人来说好像来的有点迟,但终归,还是有点结果的。” His Zhou resolute is only the average person who opens hangs, now, can help other person of busy, that is also good. 他周毅只是一个开挂的普通人而已,现在,能帮其他人一个忙,那也不错。 Two people chatted, immediately Zhou resolute hung up the telephone. 两人聊好了,随即周毅挂断电话。 This present had this, the video naturally did not worry to record. 这现在有了这一出,视频自然是不着急录制了。 Now must first do contacts with that several people. 现在首先要做的就是联系到那几个人。 Are been many to the person who jade jade scolded, but only these five people have involved the criminal standard. 被向玉玉骂的人不少,但只有这五个人是已经涉及到了刑事标准。 Benefits from the powerful Internet, the personal information of these people are very easy to look...... 得益于强大的互联网,这些人的个人信息真的很好找…… By the net suddenly/violently passed/lived person's first response is, moves, changes the contact method, because only then this can avoid the crazy net violent slightly. 很多被网暴过的人第一反应就是,搬家,换联系方式,因为只有这样才能稍微避开疯狂的网暴。 However fortunately, should give change can find. 不过还好,该找还是能找到。 Does this has actually calculated his Zhou resolute minded others' business, but...... are not related, he is glad. 这样做其实已经算他周毅多管闲事了,但……没关系,他就乐意。 Online daily rhythm so many, were the case everywhere by the person of net violent, he is impossible to help everyone sue. 网上每天的节奏那么多,被网暴的人比比皆是,他不可能帮着所有人都起诉。 However, came, met, that manages also had no issue. 但是,来都来了,遇到遇到了,那管一管也没什么问题。 Is contacting with the week joyfully will be quick from now on then attained that several contact methods, but relates directly, will greatly possibly be considered as the swindler very much. 在和周欣然联系过后很快便拿到了那几位的联系方式,但是这么直接联系,很大可能是会被认为是骗子的。 Therefore must first have the sincerity. 所以首先要有诚意。 Is good before he has relates the experiences of these old people, so long as makes them see the sincerity, at least meets does not have the issue. 好在他有之前联系那些老人的经验,只要让他们看到诚意,最起码见个面是没问题的。 Since the conclusion of first trial second trial, had dropped because of the heat degree of hitting the dead dog causing. 原本呢,随着一审二审的结束,因为撞死狗而导致的热度已经下降了。 Now basically does not have many people to pay attention to this matter besides the relevant personnel again. 现在基本上除了相关人员之外也没有多少人再关注这件事。 But at this time, a news jumped suddenly! 但就在这个时候,一条新闻突然蹦了出来！ „Also has following to such and such cases? The procuratorate made the appeal!” “向某某案还有后续？检察院提起了抗诉！” The second trial has become effective, the procuratorate made the appeal, that this matter a little issue. 二审已经生效了,检察院却提起了抗诉,那这件事就有点问题了。 Before many , because to jade jade was sentenced the person, but no longer spoke felt suddenly oneself can. 很多之前因为向玉玉被判刑而不再说话的人突然之间又觉得自己可以了。 „I said that the law is just, the young elder sister that good person, is only because loved dearly itself to raise three years of dog dogs to speak a few words, must be imprisoned, did this have the truth to say!” “我就说嘛,法律还是正义的,小姐姐那么好的人,就只是因为心疼自己养了三年的狗狗而说了一句话,就要坐牢,这还有没有道理可讲！” „Procuratorate, forever god!” “检察院,永远的神！” „Really is, but must look at the procuratorate, I looked before the soap opera of that Jingzhou knows, you look there, only then the procuratorate is just.” “真的是,还得看检察院呢,我之前看那个京州的电视剧就知道,你看那里,只有检察院才是正义的。” All kinds of words braved in any case. 反正各种各样的话都冒了出来。 At once, online emitted one pile of support to the person of jade jade, probably really suffered injustice to be the same to jade jade. 一时之间,网上冒出了一堆支持向玉玉的人,好像向玉玉真的蒙受了不白之冤一样。 This is the present online many rhythms reason that sends. 这就是现在网上很多节奏的多发的原因。 Sometimes obviously is only a normal procedure/program, but after promotion of person with high aspirations, makes people think, you look at this time situation are different! 有时候明明只是一个正常的程序,但是经过有心人的推动之后,就让人觉得,诶你看这次的情况就是不一样！ For example this time, many attorneys jumped, starts various law popularization, to everyone told that anything is the appeal, anything is the trial monitor program. 比如这次,很多的律师又跳了出来,开始各种普法,给大家讲述什么是抗诉,什么是审判监督程序。 Actually normal attorney law popularization that regarding everyone is the good deed. 其实正常来说律师普法那对于大家是好事。 Because really many people do not understand these, the law popularization is very necessary. 因为真的有很多人不懂这些,普法是非常有必要的。 However now, the online many attorneys conduct the law popularization, will frequently increase their views after the law. 但是现在呢,网上的很多律师进行普法,经常会在法律之后添加他们自己的看法。 But we know, view thing, is actually very subjective, sometimes regarding some issues, the legal community has very great dispute. 而我们都知道,看法这个东西,其实是很主观的,有时候对于一些问题,法学界本身就有着很大的争议。 For example picks a quarrel stirs up trouble, for example the fruit of poisonous tree, the dispute is very big. 比如寻衅滋事,比如毒树之果,争议真的很大。 But some people conduct the law popularization, he will add oneself thing beyond the law. 而有的人进行普法,他会在法律之外把自己的东西加进来。 The law students are to have itself to ponder that but regarding the average person, is indelib importantly. 法学生本身就是要有自己思考的,但是对于普通人来说,先入为主非常的重要。 Legally illiterate who will therefore frequently present some crude people. 所以经常会出现一些半吊子的法盲。 You said that they are the legally illiterates, they also understand, but can also entrain a content to you. 你说他们是法盲,他们偏偏还懂一点,还能给你拽一点内容。 But you said that they know the law, the words that said felt three view a little issue that types. 但你说他们懂法,那说出来的话感觉三观都有点问题那种。 Also or like such that side Dazhuang said that only learned the law, but has not learned the essence of law. 亦或者就是如同方大状说的那样,只学到了法律本身,而没有把法律的本质学到。 Is that research method study did not have humane, saw that anything must first speak a law...... 就是那种学法学的没了人性的,见到什么都要先讲一句法律…… According to the procedure/program of appeal stipulated, generally speaking appeals has two types. 按照抗诉的程序规定,一般来说抗诉有两种。 One type is the second trial appeal, aims at has not had the judgment of first instance of legal effect. 一种是二审抗诉,针对的是尚未发生法律效力的一审判决。 But the re-trying appeal, aims at has had the ruling and ruling of legal effect, indifferent judgment of first instance or judgment of second instance. 而再审抗诉呢,针对的则是已经发生法律效力的判决和裁定,无所谓一审判决还是二审判决。 Then re-trying appeal accepts conveniently proposes appeal the same level people's court of People's Procuratorate. 那么再审抗诉的接受方便是提出抗诉的人民检察院的同级人民法院。 Places in this case, is the man (Han) chancellery high court! 放在本案里,便是汉东省高院！ Because besides the Supreme People's Procuratorate, other People's Procuratorate at all levels can only the ruling to its subordinate Court rule proposes the re-trying appeal. 因为除了最高人民检察院之外,其他的各级人民检察院只能对其下级法院的判决裁定提出再审抗诉。 But in such a case, the Province High court then starts to activate the retrial procedure. 而在这样的情况下,省高院便开始启动再审程序。 Zhang Wei publicized the attorney present treatment to be better than before is too more. 张伟张大律师现在的待遇比以前好了太多。 At least to marching eye, Zhang Wei is really the best attorney! 起码在向进军眼里,张伟真的是最好的律师！ Request that because oneself put forward, Attorney stretch/open can satisfy. 因为自己提出来的要求,张律师都能进行满足。 He said that must appeal, others then appeal, he said that must appeal, others then appeal, moreover unexpectedly really achieved! 他说要上诉,人家便上诉,他说要抗诉,人家便抗诉,而且居然真的做到了！ „That attorney, what to do should we then?” “那张律师,我们接下来该怎么办呢？” Zhang Wei said with a smile: „We must continue to collect the evidence, after all the opportunity of this re-trying is hard-won, must make to the young lady innocent!” 张伟笑道:“我们还得继续收集证据,毕竟这次再审的机会来之不易,一定要让向小姐无罪！” To marching nods: „That asked Attorney stretch/open, you looked before , we did not trust you, oh, regretted past mistakes.” 向进军点点头:“那就拜托张律师了,您看之前我们不信任您,唉,悔不当初啊。” manor strong has not spoken, the wife goes in now, what to do he does not know. 庄强没说话,妻子现在进去了,他都不知道怎么办。 However, had Attorney stretch/open, that was definitely steady. 不过,有了张律师,那肯定是稳了。 Soon, Zhang Wei saw to jade jade. 不久之后,张伟又去见到了向玉玉。 „Attorney stretch/open, too thanked you, if my time can be innocent, after that went out, must repay you well!” “张律师,真的太感谢您了,如果我这次能无罪,那出去之后一定要好好报答您！” To the gratitude of jade jade whole face. 向玉玉满脸的感激。 The suspension of sentence does not need to take into custody, however, the procuratorate proposed the appeal, this...... she must continue to treat. 缓刑原本是不需要羁押的,但是呢,检察院提出了抗诉,这……她还得继续待着。 Matter to the present, actually despairs to jade jade, but has not thought that this Attorney stretch/open is still trying hard! 事情到了现在,向玉玉其实已经绝望了,只是没想到这位张律师还在努力！ Really, such earnest responsible attorney, gets what one deserves he to get rich! 真的,这么认真负责的律师,活该他发财！ Zhang Wei said with a smile: „No relations to young lady, this is I should do, if re-trying won, hopes after you, is cautious in word and deed.” 张伟笑道:“没关系向小姐,这是我应该做的,如果再审赢了,希望您以后谨言慎行吧。” This lesson, will be very deep. 这次的教训,想必会很深吧。 The start of re-trying requires the time, but in such a case, Zhou resolute contacted with the beforehand that beating a dog father finally. 再审的启动需要时间,而在这样的情况下,周毅终于联系到了之前的那个打狗父亲。 Then in this time, the Hanxi province, in a community, due south of the king is sitting at home, is only his present expression is not very right. 便在此时,汉西省,一个小区里,王正南正在家里坐着,只是他现在的表情很不对。 Two years ago that matter, is to him same like the nightmare. 两年前那件事,对于他来说如同噩梦一样。 The son was very initially little, was being pursued biting by that stray dog, he rushed to beat a dog directly. 儿子当初还很小,被那条流浪狗追着咬,他直接就冲上去打狗了。 Because without biting son . Moreover the behavior that beats a dog was sent online, he turned into a beating a dog bastard overnight. 但是因为没有咬到儿子,而且打狗的行为又被发到了网上,他一夜之间就变成了一个打狗的混蛋。 After matter, he moves, thinks has forgotten this matter, but, suddenly has to contact with itself today. 事情发生后,他搬了家,原本以为已经忘了这件事,但是没想到,今天突然有了联系到了自己。 Said that he is making a network slander case now, that defendant was initially the net violent a he extremely serious person. 说他现在正在做一个网络诽谤案件,那个被告正是当初网暴他极其严重的一个人。 Now asks him, is willing to raise the criminal private prosecution, the expense and formalities of private prosecution, go through by the opposite party. 现在问他,愿不愿意提起刑事自诉,自诉的费用和手续,都由对方来办。 Unexpectedly has such good deed, king due south subconsciousness thinks that the opposite party is a swindler. 居然有这样的好事,王正南下意识地就认为对方是个骗子。 Finally others backhanded give him to imitate 1000 expenditures, and told him, if Ok, the opposite party is willing to come, both sides can sign the contract. 结果人家反手就给他充了一千块花费,并且告诉他,如果可以,对方愿意来一趟,双方可以签合同。 When the time comes he himself looks at the prosecution. 到时候他自己看着起诉。 What to do this made due south of the king a little not know. 这让王正南有点不知道怎么办了。 Today is too busy, only has one chapter... Everyone looked that renovated, I wrote partial content in behind. Thank the book friend 2020, wad lost/carrying big brother, another new big brother, the fat cat story big brother, big brother writing idiot, several words big brothers, Guangda of elder brother wind spirit, big brother Eric3ang, thank hitting of brothers to enjoy, thanks. 今天太忙了,只有一章。。。大家看完了刷新一下,我在后面又写了一部分内容。感谢书友2020,小束负大哥,又一个新手大哥,肥猫物语大哥,文痴大哥,几句话大哥,风灵之光大哥,Eric3ang大哥,感谢兄弟们的打赏,谢谢。 ( This chapter ends) (本章完)