Did Chapter 372 Attorney stretch/open, how this suspend sentence does not have? 第372章张律师,这咋缓刑都没了呢？ Each case has the investigation period, no matter civil criminal activity, moreover regarding the investigation period of case, the law has the explicit stipulation. 每个案件都有追诉期,不管是民事还是刑事,而且对于案件的追诉期,法律都有着明确的规定。 Actually regarding existence of investigation period, some people are incomprehensible. 其实对于追诉期的存在,有些人是不能理解的。 Especially the criminal investigation period, the investigation period passed cannot investigate again the criminal responsibility of opposite party, that means anything, means the opposite party, so long as evaded the investigation period, that evaded the sanction of law. 尤其是刑事追诉期,追诉期过了就不能再追究对方的刑事责任,那意味着什么,意味着对方只要躲过追诉期,那就逃避法律的制裁了。 That definitely cannot understand, so long as after all put on record the criminal case, will not be constrained by investigation period. 那肯定也不能这么理解,毕竟只要立案了的刑事案件,是不会受到追诉期限制的。 But regarding the criminal private prosecution case, generally is five years of investigation periods. 而对于刑事自诉案件来说,一般都是五年的追诉期。 In other words, so long as your evidence is ample enough, then the five years after net violent, you can raise the criminal private prosecution! 也就是说,只要你的证据足够充分,那么网暴之后的五年,你都可以提起刑事自诉！ Due south of the kings by the net violent is two years ago, was not short this time. 王正南被网暴是两年前了,这个时间并不短。 Possibly including to jade jade, had forgotten including net violent his many initially initially they still had online scolded such a person. 可能连向玉玉,连当初网暴他的很多人都已经忘记了当初他们还在网上骂过这样的一个人。 Or they have scolded so-called „oppressive dog” the person were too many, oneself do not remember. 或者说,他们骂过的所谓“虐狗”之人太多了,自己都不记得。 No matter due south of the king the past or now, has not thought also has a criminal private prosecution such road. 只是王正南不管过去还是现在,从来都没想到过还有刑事自诉这样的一条路。 Now, the opposite parties displayed such sincerity, he started hesitant. 现在,对方都展现了这样的诚意,他开始了犹豫。 But now, he has the decision! 而现在,他已经有了决定！ Others the words to the clarity that he spoke, did not need him to do, but needs to make him produce the evidence to sue. 人家把话都给他说的清清楚楚,不需要他干什么,只是需要让他去拿出证据去起诉的。 The words of evidence they will be helping the collection, the attorney they have, only needs him to sue. 证据的话他们会帮着收集,律师他们也有,只需要他去起诉。 Zhou resolute works is so, never will always cover-up. 周毅做事一向都是如此,从来不会藏着掖着。 Talked clearly the words, the advantages also talk clearly, looked how you choose. 把话说清楚了,利弊也说清楚,看你怎么选择。 After all if really stands the prosecution, that might some to start the net violent. 毕竟如果真的站出来起诉,那有可能会让一些人又开始网暴。 Naturally has the possibility, in such a case, if also really stands the net violent, that can only say that does not have the brain. 当然只是有可能,在这样的情况下,如果还真的站出来网暴,那只能说是没脑子。 After thinking through, king due south dialed Zhou resolute the telephone. 想通了之后,王正南拨通了周毅的电话。 „Week always, I accept you the condition, today I go to Jingzhou, how do you look?” “周总是吧,我接受伱的条件,今天我就去京州,您看如何？” „Without the issue, I orders ticket, you can lead the child family member to come together, considered to travel, all expenses were borne by me!” “没问题,我来订票,你可以带着孩子家人一起来,就当是出来旅游了,一切费用都由我承担！” The callow rookie has become an old pro, had experience that beforehand and these old people cooperated, present Zhou calls one to have a familiar task and handle it with ease in this aspect that. 一回生二回熟,有了之前和那些老人合作的经验,现在的周某人在这方面那叫一个驾轻就熟。 Due south of kings, with his same also four people, in the past to jade jade net suddenly/violently passed/lived, but actually chose to endure. 王正南只是其中一个,和他一样的还有四个人,都是在过去被向玉玉网暴过,但是却都选择忍了的。 In fact king due south the hesitant a lot of time, some people have heard Zhou resolute to be willing to help him sue, that anything words did not say that immediately complies! 事实上王正南这边已经犹豫不少时间了,有的人一听到周毅愿意帮他起诉,那什么话都不说立刻答应！ Only then by net violent the person can realize that feeling, these 1-2 years and being insufficient makes them forget that experience. 只有被网暴了的人才能体会到那种感觉,这1-2的时间并不足以让他们忘记那段经历。 Their all personal information were announced that online is the scolding sound of blotting out the sky, all kinds of telephone message harassment. 他们的所有个人信息都被公布了出去,网上是铺天盖地的骂声,还有各种各样的电话短信骚扰。 Even their WeChat such contact method was found, through increasing the way of good friend insulted. 甚至连他们的微信这样的联系方式都被人找到,通过添加好友的方式进行辱骂。 Jokes aside, like king due south, before beginning to beat a dog has not really thought the matter will develop this. 说真的,像王正南这样,在动手打狗之前真的没想过事情会发展成这样的。 Own family/home children were nipped by the dog, when father's stand hits, feels like very normal. 自己家孩子被狗咬,那当爹的站出来打回去,感觉好像很正常。 However others scolded his person not to look, others said that dog dog was his son plays, simply has not nipped. 然而人家骂他的人不那么看,人家说那狗狗就是和他儿子玩的,根本没咬到。 Now finally can ask to be just! 现在终于能讨回一点公道了！ In such a case, several people led the family member to start to get ready, had the vacation arrived at Jingzhou directly, without vacation was hurries to ask for leave. 在这样的情况下,几个人都带着家属开始准备,有假期的直接来到了京州,没有假期的则是赶紧请假。 Three days later, Jingzhou Airport, Zhou resolute saw king due south one. 三天后,京州市机场,周毅见到了王正南一家。 „Zhou, too thanked you, I have not thought that such matter can also sue.” Due south of the kings looks that a front Zhou resolute face gratitude said. “周总,真的是太感谢您了,我从来没想到这样的事还能起诉的。”王正南看着面前的周毅一脸感激道。 Although the opposite party said that was helped him by oneself, but is in fact helped by the opposite party. 虽然对方说让自己帮助他,但实际上是自己被对方帮助的。 The past years was not really cannot think, the online many attorneys have given the suggestion. 当年并不是真的想不到,网上很多的律师都给过建议。 But even if thinks will not have any movement. 但就算想到了也不会有任何的动作。 After all when a going to work average person, facing net violent of blotting out the sky, several have this time and energy comes earnestly. 毕竟一个上班的普通人,面对铺天盖地的网暴之时,又有几个有这个时间和精力来较真呢。 Zhou Yiwen happily chatted saying with a smile: „Mr. king, does not need, to mention me to need your help.” 周毅闻言笑了笑道:“王先生,不必如此,说来还是我需要你的帮忙呢。” „Ok, you are staying in Jingzhou this period of time safely, no important matter, main prosecution time needs you.” “好了,这段时间你们就在京州安心待着,也没什么大事,主要起诉的时候需要你。” side Dazhuang surges upward this period of time warmly, really surges upward warmly. 方大状这段时间热情高涨,真的是热情高涨。 Also does not know by the online these words stirring up. 也不知道是不是被网上的那些话给激的。 Because proposed the appeal in the procuratorate, after the case sent back retried, many people online said such words: 因为在检察院提出抗诉,案件发回重审之后,有很多人在网上说出了这样的话: „Is this lawsuit that side Dazhuang files? This? Was appealed by the procuratorate, how he also had a face to say oneself were the big shape!” “这就是那个方大状打的官司？就这？都被检察院抗诉了,他怎么还有脸说自己是大状的！” „Considers as finished quickly, I looked that by side Dazhuang also this that you flattered, disputed the stick, giving back made into the justice incarnation was right.” “快算了吧,我看被你们吹捧的方大状也就这样吧,一个讼棍而已,还给弄成了正义化身对吧。” After all attorney industry is such special, some people „were talked into just incarnation this matter is not a little uncomfortable to side Dazhuang”. 毕竟律师这个行业就是这么特殊,有的人本来就对“方大状被说成正义化身”这件事有点不舒服。 After all the attorney receives money the management, was blown is the just incarnation, does not dislike shabbily. 毕竟律师收钱办事,被吹是正义化身,也不嫌寒碜。 The consequence is, this period of time side Dazhuang like hitting the chicken blood, various efforts looked for the past evidence. 后果就是,这段时间的方大状如同打了鸡血,各种努力找当年的证据。 But after Zhou resolute receives the litigant, these came then hurried side Dazhuang the law firm, he now is a little actually blurry. 而周毅接待完了这些过来的当事人后便赶紧回了方大状的律所,他现在其实有点迷糊了。 After a half hour, Zhou resolute sat in side Dazhuang the office. 半小时后,周毅坐在了方大状的办公室内。 „Therefore you want to ask, actually this time to defer to what nature to come to jade jade is right?” side Dazhuang works earnestly, while said. “所以你是想问,这次向玉玉究竟按照什么性质来算对吧？”方大状一边埋头工作,一边说道。 „Yes side Dazhuang, after I went back before thinks, you said this calculates to the behavior of jade jade violates continuously, is that an accumulative offense?” “是啊方大状,我之前回去之后想了想,你说这个向玉玉的行为算连续犯,那是不是累犯呢？” The recent evidence must possibly aggravate the opposite party criminal punishment the situation. 新的证据要可能加重对方刑事处罚的情况。 Currently these recent evidence really have this situation. 现在这些新的证据确实都有这种情况。 However, the issue, what nature is this? 但是呢,有一个问题,这算什么性质呢？ „Simple, I had told you before, is the circumstance serious situation to have anything, the accumulative offense, the simultaneous punishment for several offenses wait/etc were many, right.” side Dazhuang is on the rise to say. “简单啊,我之前跟你说过的,属于情节严重的情况有什么呢,累犯,数罪并罚等等很多呢,对吧。”方大状抬起头来说道。 „But this should not be the simultaneous punishment for several offenses, the simultaneous punishment for several offenses should have many charges, but she only has one.” “可这应该不是数罪并罚吧,数罪并罚应该是有很多个罪名,可她只有一个啊。” „But you , if the accumulative offense, probably is not good, because she has not accepted the criminal punishment......” Zhou resolute a little hesitant say/way. “但你如果说是累犯,好像也不行,因为她并没有接受过刑事处罚……”周毅有点犹豫道。 This does not have the system to accept the drawback of law education, usually in knows is side Dazhuang tells him in the chatting time. 这就是没有系统接受过法学教育的弊端,平日里知道的都是方大状在闲聊时候告诉他的。 side Dazhuang smiled: „How is not the simultaneous punishment for several offenses, you have a look at her beforehand behavior, solely does not have the slander!” 方大状笑了:“怎么不算数罪并罚呢,你看看她之前的行为,可不单单是有诽谤！” „You look here, with various method insult opposite party, this insults the crime, here, clear(ly) knows that is the false information, but actually in various online dispersions, creates a disturbance to cause trouble, caused the heavy damage of network public peace and order!” “你看这里,用各种方法侮辱对方,这就是侮辱罪啊,还有这里,明知道是虚假信息,但是却在网上各种散布,起哄闹事,造成了网络公共秩序的严重破坏！” „That should according to the criminal law's 293 rd first article of ( 4 ) provision, to pick a quarrel the stirring up trouble crime to determine guilt the punishment.” “那应该按照刑法第二百九十三条第一款第(四)项的规定,以寻衅滋事罪定罪处罚。” „Other I did not say that so many charges, why can't according to simultaneous punishment for several offenses processing?” “其他的我就不说了,有这么多的罪名,凭什么不能按照数罪并罚处理呢？” Zhou resolute was shocked. 周毅愣住了。 The slander and insult, these two do not seem branch family, but actually these two are two charges, moreover between has the differentiation. 诽谤和侮辱,这俩好像不分家,但其实这俩就是两个罪名,而且之间有着区分。 Naturally, picked a quarrel stirring up trouble crime him not to think completely...... 当然,寻衅滋事罪这个他就完全没想到了…… „Also, changes the mentality, in what situation will our slanders insult this class private prosecution charge to become the appeal?” side Dazhuang continues to say. “还有,换一下思路,什么情况下我们的诽谤侮辱这类的自诉罪名会成为公诉呢？”方大状继续说道。 „Makes you have a look at the judicial interpretation you not to look, in that several situations that inside stipulates, one type is, slandered many people, had the bad social impact.” “让你多看看司法解释你不看,里面规定的那几种情形里,其中一种就是,诽谤多人,造成恶劣社会影响的。” „You said that now had in the situation of sufficient evidence, she slanders many people to jade jade, has the bad social impact?” “那你说现在有了充足证据的情况下,她向玉玉算不算诽谤多人,造成恶劣社会影响呢？” „After all inside initially almost by net violent to suicide!” “毕竟里面有一位当初差点被网暴到自杀的！” „This is the criminal law's 246 th second article of provision „ the situation of serious harm social order and national interest, is needs the private prosecution to transfer the appeal!” “这属于刑法第二百四十六条第二款规定的“严重危害社会秩序和国家利益的情况,是需要自诉转公诉的！” Zhou resolute shuts up, he is blurry there, here side Dazhuang has given all kinds of roads. 周毅闭上了嘴,他还在那里迷糊呢,这边的方大状早已经给出了各种各样的路。 Which strip no matter walks, do not want to come out to jade jade again, the suspension of sentence does not need to consider. 但是不管走哪条,向玉玉都别想再出来了,缓刑更不用考虑。 Moreover very big probability be more serious than the beforehand ruling...... 而且很大概率要比之前的判决更严重…… side Dazhuang that side Dazhuang. 方大状还是那个方大状啊。 After some time, side Dazhuang has prepared all evidence. 一段时间后,方大状已经把所有的证据都准备好了。 Zhou resolute then took due south of the king and other people, directly soars the police station. 周毅便带上了王正南等五人,直奔派出所。 So long as is the appeal case, can report. 只要是公诉案件,都是能报案的。 side Dazhuang this time chose employing two methods to achieve one goal, reports and submits the court recent evidence to do simultaneously. 方大状这次选择了双管齐下,报案和提交法院新的证据同时来做。 Before Zhou resolute thinks makes these raise the criminal private prosecution? 至于周毅之前想的让这几位提起刑事自诉？ That is too a little uncomfortable, moreover must mediate, does, walks the appeal to be good directly, refreshed! 那有点太不爽,而且还要调解,还有干嘛,直接走公诉多好,爽快！ The appeal forever compared with the directness that the private prosecution comes, must remember this point! 公诉永远要比自诉来的直接,要记住这一点！ The judicial and public security organs three procedures are to exchange in any case, when the time comes makes them make. 反正公检法三家的程序都是互通的,到时候让他们自己去弄。 The big probability will first accept to report, then postpones re-trying, waits for that side procedure to walk, then merges trying. 大概率是会先接受报案,然后暂缓再审,等着那边的手续走完,然后合并审理。 Regarding individual criminality, even if your charge are many, played again flower, that also merges trying. 对于个人的犯罪行为,哪怕就是你罪名再多,玩的再花,那也都是合并审理的。 The warning, chooses certainly the bell tower police station that oneself are familiar with. 报警嘛,当然还是选择自己熟悉的钟楼派出所。 old Zhou hair had fallen, now had the situation in several points of Mediterranean Sea. 老周的头发已经掉了一圈,现在有了几分地中海的情况。 Today just handles a burglary, saw some handsome young man pushes to the front, behind follows five shrinking men to rush. 今天刚刚处理完一个盗窃案,就看到了某个靓仔一马当先,后面跟着五个畏畏缩缩的男人就这么闯了进来。 Almost frightened old Zhou to shout the person. 吓得老周差点想喊人了。 Is good to have a look at that handsome young man package, not big, that was good. 好在看看那个靓仔身上的包,并没有多大,那还好了。 „Uncle Zhou hao!” Is away from Zhou resolute then to greet far away. “周叔好！”隔着老远周毅便打招呼道。 King due south several people of faces that behind follows compel ignorant, where here is, here is the police station! 后面跟着的王正南几人一脸懵逼,这里是什么地方,这里是派出所！ This Zhou came in too to be a little rampant like this...... 这位周总这样进来有点太嚣张了吧…… However hears him to shout Uncle Zhou, several people look at each other one, understood anything probably. 不过听到他喊周叔,几人对视一眼,又好像明白了什么。 Helpless the old Monday face said: „Came, this time is the matter, I may tell you, we worked overtime recently are too many.” 老周一脸无奈道:“又来了是吧,这次是事啊,我可告诉你,我们最近加班太多了。” Also said: „Is good because of your package is not big.” 顿了顿又道:“好在你这包也没那么大。” Zhou resolute smiles: „Uncle Zhou, this time is not I alone, their several.” 周毅嘿嘿一笑:“周叔,这次不是我一个人,还有他们几个。” Then, turn head hinted one king due south several people, they then walk in abundance, pulls out ID card and other documents, collected the good evidence to place on the table side Dazhuang one by one. 说完,回头示意了一下王正南几人,他们便纷纷走上来,掏出身份证等证件,将方大状收集好的证据挨个放在了桌上。 A package are not probably many, but six packages place there, the feeling was a little terrifying. 一个包好像不怎么多,但是六个包放在那里,就感觉有点恐怖了。 old Zhou heart is speeding up: „Also how, weren't you in the criminal private prosecution?” 老周心脏在加快:“又怎么了,你不是正在刑事自诉吗？” „, This did not have some accidents/surprises, they had been insulted to jade jade slander in the beforehand net violent.” “咳,这不是发生了一些意外嘛,他们都是在之前的网暴中被向玉玉诽谤侮辱过的。” Zhou Yitui pushed that several packages saying: „Here is the evidence, Uncle Zhou you have a look.” 周毅推了推那几个包说道:“这里都是证据,周叔您看看吧。” old Zhou already hemp, really hemp. 老周已经麻了,真的麻了。 He has not met such show operation, but examine evidence while and other police chat the later discovery, probably...... in the procedure/program does not have the issue! 他是从来没遇到过这样的骚操作,但是一边审查证据一边和别的民警聊了聊之后发现,好像……程序上没有问题！ Do the opposite party have the slander to insult them, has, moreover suspected crime! 对方有没有诽谤侮辱他们,有,而且已经涉嫌犯罪了！ However, because of taking no action as long as no one makes an accusation, therefore is all right probably. 但是呢,因为不告不理,所以好像又没事。 Situated in „Schrdinger's crime”, does not consider does not have the crime, considered...... must look at the situation. 处于“薛定谔的犯罪”之中,不告就没罪,告了……就是也得看情况。 And, according to the judicial interpretation stipulation, this also really needs to transfer the appeal, even if the earliest case is two years ago. 并且,根据司法解释规定,这还真的是需要转公诉的,哪怕最早的案件都已经是两年前了。 But in others produce the ample evidence in the situation, you must put on record. 但在人家拿出充分证据的情况下,你这边是必须立案的。 Was needless saying that put a case on file and began investigations, happen, to jade jade now because of the procuratorate appeal, the reason that the sending back retries, because of not suspending sentence to come out, because of not ruling to enter the prison, but also in lockup. 不用说了,立案侦查吧,正好,向玉玉现在因为检察院抗诉,发回重审的原因,没有因为缓刑而出来,也没有因为判决而进监狱,还在看守所。 This does not use the running procedure, can arraign directly...... 这样都不用跑手续,直接就能提审了…… Because the lockup is the public security organ manages. 因为看守所本来就是公安机关管的。 This skillful cannot be skillful, plans? 这都巧的不能再巧了,难道都是计划好的？ Online noisy noisy, Attorney Zhang Wei zhang is the preparation is extremely fuller, he thought that own present had grasped certainly. 网上吵的沸沸扬扬,张伟张律师更是准备极其充分,他觉得自己现在有了一定的把握了。 But in such a case, when he meets once again to jade jade, discovered that the situation changed. 而在这样的情况下,当他又一次会见向玉玉的时候,发现情况发生了变化。 „What? Discovered the recent evidence to jade jade? Now has the public security organ investigated, had been in the prosecution stage?” “什么？向玉玉那边发现了新的证据？现在公安机关都已经侦查完毕了,已经进入了审查起诉阶段？” The detection stage requires how much time, looked that the evidence collection requires how much time. 侦查阶段需要多少时间,就看证据收集需要多少时间。 When the evidence has collected, that needs to do conducts the reasonable examination, and asked the procuratorate to examine. 当证据都已经收集好,那需要做的就是进行合理审查,并且请检察院审查。 The general procuratorate now is also the situation of ignorant compelling, originally thought the discretion of punishment initiates excessive appeals, who can think, this has not started to retry, that side has discovered the recent evidence! 大概检察院现在也是懵逼的情况,本来是觉得量刑过重而发起抗诉的,谁能想到,这还没开始重审呢,那边就已经发现新的证据了！ Others also at the same time through court, on the one hand reported to the police, two roads came, probably for fear that they neglected same...... 别人还一方面通过法院,一方面去报警,两条路来走,好像生怕他们忽略一样…… Submitted first did not say to the evidence of court, after all this was the private prosecution case. 提交到法院的证据先不说,毕竟这是自诉案件。 In situation that however the public security organ has put on record, that was different, the detection, the prosecution, holds a court hearing, stage that this must walk. 但是公安机关已经立案的情况下,那就不一样了,侦查,审查起诉,开庭审理,这都是必须要走的阶段。 After the procuratorate the prosecution, the court looks , did not need to consider, must retry in any case, switched through the appeal, merged trying all situations of opposite party. 所以当检察院审查起诉之后,法院一看,得,不用考虑了,反正要重审,直接转成公诉,把对方的所有情况都合并审理吧。 Zhang Wei Station could not say one in the office words. 张伟站在办公室里话都说不出来一句了。 This is possible, how to possibly have the recent evidence? 这怎么可能呢,怎么可能会有新的证据呢？ The key is, now the private prosecution case transferred the appeal . Moreover the charge of procuratorate solely was not insults the crime. 关键是,现在自诉案件转成了公诉,而且检察院的指控罪名不单单是侮辱罪了。 Slandered, picked a quarrel stirs up trouble...... 还有诽谤,还有寻衅滋事…… The case became extremely complex did not say all of a sudden, the entire situation had the huge change! 案件一下子变得极其复杂不说,整个形势都发生了巨大的变化！ What can foresee, the suspension of sentence surely did not have, moreover sentences on this situation, guaranteeing will not permit is three years of fixed-term imprisonment...... 可以预见的是,缓刑肯定是没了,而且就这情况判下来,保不准就会是三年的有期徒刑了…… While Zhang Wei is thinking what to do time, the gate of office was trampled! 正当张伟想着怎么办的时候,办公室的门被一脚踹开！ „Zhang Wei, you roll to me, how you me told that said like this makes the advantage, now, after how to appeal , the charge of jade jade compared with before must!” “张伟,你给我滚出来,你怎么跟我说的,说这样做有好处,现在呢,怎么抗诉后玉玉的罪名比以前还要多了！” „You come out to explain to me!” “你给我出来解释！” The sound was too loud, the other staff in law firm come out to ask the situation, after knowing the situation also stared dumbfounded. 声音太大了,律所的其他工作人员都出来问情况,在知道了情况之后也都是瞠目结舌。 Can such matter meet? 这样的事都能遇上？ Should say that is his Attorney stretch/open the luck is bad, is his operation show? 该说是他张律师运气差呢,还是他的操作骚呢？ The suspension of sentence, an operation, the suspension of sentence did not have not saying that six months of fixed-term imprisonment referred to erratically must turn for three years! 原本还是缓刑,一番操作,缓刑没了不说,六个月的有期徒刑指不定就要变成三年了！ „To the mister, this matter he did not complain about me, this was also not I said that must make the appeal!” Zhang Wei walks the argument to say. “向先生,这事他不怨我啊,这又不是我说要提起抗诉的！”张伟走出来辩解道。 He felt that oneself reputation has ended. 他感觉自己的名声已经完了。 „Moreover there is a crime, is your daughter does, this is not I can decide!” “而且有没有犯罪,是您闺女自己做出来的,这也不是我能决定的吧！” Did not say fortunately, says, opposite to marching is angrier, shoved open several attorneys directly, comes up to start to begin. 不说还好,一说出来,对面的向进军更加愤怒,直接推开了几个律师,上来就开始动手。 „I tread the horse to beat to death you!” “我踏马揍死你啊！” Today is only then a chapter, both days works overtime in the company in the weekend, here also had the epidemic situation...... 今天又是只有一章,周末两天都在公司加班,我们这里又有疫情了…… Thank another new big brother, fat cat story big brother, big brother writing idiot, big brother Sony 感谢又一个新手大哥,肥猫物语大哥,文痴大哥,索尼大哥 ( This chapter ends) (本章完)