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201: Identify as an evil force and sentence them to life imprisonment!
Because existing evidence shows that the gang rape and multiple acts ofprovocative and disturbance were all proposed by him!
The girl was called over by him, and he was the first to start. In the words of the Procuratorate, his subjective maliciousness was extreme, so his sentence was life imprisonment.
The remaining three, because they were not the principal offenders, received sentences ranging from twenty years to fifteen years after being punished for multiple crimes.
Lü Dehai's teeth were almost ground to dust, but he didn't dare to say a word, just looking at his son with a sense of unfamiliarity.
The son in his memory was still babbling as a child, learning to walk step by step with his hand held by his father. Although he was in junior high school now, he still felt that the child was still young.
How did he suddenly become like this?
Fang Ruifeng, as the defense lawyer, agreed with everything else but mainly argued that the sentence was too heavy and that it was inappropriate to identify it as an evil force.
"Article 12 of the 'Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Handling of Criminal Cases Involving Evil Forces' clearly stipulates that if all members, or the principal offender, organizer, and other important members are minors, elderly people, or disabled people, special caution should be exercised when identifying them as an evil force or an evil force criminal group."
"And in this case, Defendant One is considered the principal offender, and he himself is a minor."
"Therefore, in such circumstances, I believe that it has not reached the extent where it must be identified as an evil force, and the sentence is excessively severe!"
Zhou Yun didn't speak. At this point, he didn't need to say anything. The public prosecutor would naturally refute it.
And that was indeed the case. The public prosecutor quickly began his rebuttal.
The regulation states that when minors are involved, the identification of an evil force should be particularly cautious, which means that even when minors are involved, an evil force can still be identified!
And in this case, the actions of Lü Xinhao and others were too egregious, disrupting the school's learning order and causing so many people to suffer from depression, and it could even be said that it would leave them with lifelong psychological scars.
This was the Procuratorate's reasoning: the suspects were minors, but similarly, the victims were also minors!
You can't just consider one side; you must also consider that, compared to adults, minors' physical and mental development is not yet complete, and bullying behavior at this time is very likely to leave them with lifelong problems.
To put it bluntly, it was fighting magic with magic.
After the Procuratorate finished stating its views, Zhou Yun, as the victim's lawyer, also expressed his opinion.
"We must protect minors, because those children are the flowers of our nation."
"But when some of these flowers endanger other flowers, we must actively intervene and, at appropriate times, resolutely impose punishment!"
"This is also for their protection, and doing so is truly for the sake of the children."
"Those practices that protect relevant suspects are rigid. Doing so will only let more minors know that they truly don't need to be punished for committing crimes."
"It will let them know that age is indeed a protective charm."
"Therefore, severe punishment must be carried out in accordance with the law, only then can the criminal law truly fulfill its purpose!"
The law is the bottom line of morality, and criminal law can be said to be truly the bottom line of the entire society!
Control, detention, fixed-term imprisonment, life imprisonment, death penalty with a reprieve, immediate execution of the death penalty, fines, confiscation of property, deprivation of political rights for life, and so on.
criminal law uses a series of clear charges and regulations to let everyone know not to violate criminal law!
Let everyone know what kind of crime they might be sentenced to if they violate which law!
As a result, it hit a wall with "the child is still young," to the extent that many children know that whatever they do now is not illegal.
And because of this, our criminal law has continuously lowered the age of criminal responsibility.
And Zhou Yun's opinion was very simple: to make criminal law return to its normal position even among the special group of minors.
Those who should be protected must be protected, but those who should be punished must also be punished!
His opinion was from a broad perspective, because the public prosecutor's reasons were very sufficient, and he didn't need to add anything superfluous.
After he finished speaking and sat down, Zhu Weifeng next to him was very excited. He felt that Zhou Yun was like his mouthpiece, saying everything he wanted to say but didn't know how to express.
He had felt unfair before. The other party was young, but his own child was also young. Why should his child only suffer when harmed? Why?
And now, Zhou Yun's speech truly touched his heart.
No wonder he was a lawyer; his eloquence was truly powerful.
The prosecutor attending the court also nodded. It must be said that having a great lawyer like Zhou Yun to cooperate was quite comfortable.
Fang Ruifeng was expressionless. Lü Dehai next to him kept whispering, "Lawyer Fang, what should we do?"
Lawyer Fang… What could Lawyer Fang do? He was already struggling to deal with the Procuratorate, and now with Zhou Yun added, what could he do?
With such sufficient evidence, the only thing he could say was that it hadn't reached the extent of being identified as an evil force.
Why hadn't it reached that point? What extent would be considered an evil force? Don't ask; it just hasn't reached it yet.
When minors are involved, what level constitutes an evil force? No one can say for sure, and even the "Guiding Opinions" only state that caution should be exercised in identification, still leaving it to the judge's discretion.
Lü Xinhao and the others were crying profusely, saying that they already knew they were wrong and would never dare to do it again.
But the Presiding Judge still maintained that expression and directly announced the recess.
This case could not be ruled on in court; it had to go through a discussion by the Intermediate Court's judicial committee.
The guiding opinion tells us to be cautious, so we will be cautious. It's democratic centralism, and decisions made that way are certainly cautious.
The first thing Zhou Yun did when he returned to the law firm was to go to Old Zhuang's office and tell him about the trial.
"Currently, it seems very likely that the evil force will be identified and a life sentence given. Director, my work here is almost done, just a little bit of finishing touches left."
"But your work still needs to continue. Today, that family member already said that if he is indeed sentenced to life imprisonment, he will go to the capital to file a complaint."
"Director, this shouldn't be a problem for you, right? You said last time that these are all minor issues…"
"Oh right, the finishing touches are truly minor. That school has always felt they did nothing wrong, so after the judgment becomes effective, I plan to go to the Discipline Inspection Department to make a real-name report."
"Severe dereliction of duty in supervision. For such a long time, they didn't even know that the students below had formed an evil force gang."
"I'll report the education supervisory department along with it. The atmosphere is already here, so just reporting the school feels a bit unsatisfying."
"Alright, Director, I'm going to get busy now."
Facing Zhou Yun's barrage of words, Old Zhuang's expression didn't change at all. He said calmly, "Go get busy. These are all minor issues, small matters. There are no problems at all on the Director's end."
After Zhou Yun left the office, Old Zhuang's hands trembled as he pulled out a cigarette, and because his hands were shaking, it took him several tries to light it.
Taking a deep drag, Old Zhuang looked out the window and mumbled, "Minor issues, isn't it just filing a complaint? I'm not afraid if I haven't violated any rules. Isn't it just a lot of reports? All minor issues."
"Everything is legal. No one can do anything about it, surely they can't be forced to deal with it just because there are many reports."
A few days passed, and the Jinghai City Intermediate Peoples Court issued its first-instance judgment.
It was determined that an evil force gang existed, and Lü Xinhao, as the principal member of the gang, was sentenced to life imprisonment!