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31: The retrial is finally coming!
The staff at the Ning City Intermediate Court's Case Filing Division window had their eyes wide open.
“This was just ruled today in Jinghai?”
Zhou Yun smiled and nodded again: “Yes, it was just ruled today. My client was quite anxious, so I also sped things up a little bit.”
The staff member shook his head upon hearing this and said: “This… Lawyer Zhou, right? You didn't just speed things up a little bit…”
As he spoke, the staff member began to review the materials again.
Zhou Yun was not in a hurry at all. The reason why it's difficult to initiate retrials for many wrongful convictions is partly due to people, which is easy to understand.
A wrongful conviction will inevitably affect many people within the political and legal system; at the very least, the three parties involved in the original case cannot escape responsibility.
Therefore, some people will find that many of those overturned wrongful convictions happen years later, when the original case handlers have already retired…
If the person has retired, then the impact on the unit is very small, and the new leaders might directly treat it as a political achievement.
There are also some cases that were exposed because the original case handlers were brought down…
Another reason why retrials are difficult is that it's hard to find new evidence.
There are numerous detailed regulations for initiating a retrial, and the most reliable one is naturally finding new evidence.
However, let alone ordinary people, even lawyers do not have many rights in criminal cases; don't even think about finding new evidence.
In short, the current acceptance rate for retrials in criminal cases is alarmingly low.
It won't even reach the case filing stage; your application won't be approved.
But if your retrial application can be filed, then the chance of aRetrial (change of verdict) is very high, at least higher than the chance of aRetrial (change of verdict) in the second instance!
However, Zhou Yun is not worried now. If the Ning City Intermediate Court does not file the case, he will go to the Municipal Procuratorate or the Jiangdong Province High Court to apply for a retrial.
If that still doesn't work, he will go to the imperial capital, to the Supreme Peoples Court or the Supreme People's Procuratorate.
Because he is now very justified in this case; the “official duties” on which the conviction was based have been deemed illegal, so there should absolutely be no crime of obstructing official duties.
It was clear that the staff member was also carefully studying the case. After a long time, he said: “Lawyer Zhou, your situation is very rare; at least we haven't seen it here.”
“However, the logic is indeed sound. I will accept it for now, as for whether a retrial can be specifically initiated, that is not something I can decide.”
Zhou Yun smiled and nodded upon hearing this: “No problem, Comrade, as long as there's a result.”
After receiving the corresponding receipt, Zhou Yun left the Intermediate Court. He doesn't plan to return to Jinghai yet. With new evidence, the speed here at the Intermediate Court should be relatively fast.
What he needs to do now is not to eat, drink, and be merry, but to continue studying the case file.
TheIdeas (thought process) for the criminal case is fine; it will likely be a not-guilty verdict. Now he needs to study the reconciliation agreement between Sun Jianshe and the three victims!
That's right, it was the agreement where Sun Jianshe gave money to the three victims for them to issue a criminal letter of understanding.
At that time, the house demolition provided 400,000 yuan in compensation, which was already an overpayment.
With 400,000 yuan in the account, Sun Jianshe took out 300,000 yuan from it and gave it to the three victims.
As for why each person was given 100,000 yuan, it was because that's what the other party demanded. In criminal case settlements, the other party usually asks for an exorbitant price.
Because this is their right.
For example, in some minor injury cases, the victim directly asks for a million yuan, or some families simply ask for nothing, just wanting you to go to jail.
When encountering such a situation, it's not something that money can solve.
In short, the research Zhou Yun is doing now is whether this reconciliation agreement can be revoked if the criminal case is retried and found innocent!
That's right, Zhou Yun not only wants Sun Weitao to be acquitted, but also wants to get back the money that was paid out then!
You should know that although the client only has three evaluation levels, the system also has an internal evaluation; the better the case is handled, the higher the reward will be!
So he must get all these details right.
Thus, it was soon evening, and Zhou Yun started his live broadcast again.
The top donor was still “Night Raid on Widow Village.” This gentleman never said a word while watching the live broadcast; he just came in to send some gifts when the broadcast started, and then watched quietly.
Zhou Yun initially planned to chat with him for a few sentences, but later realized that the other party didn't say a word, so he got used to it.
The live broadcast was as usual, with viewers asking questions and Zhou Yun providing answers.
It was impossible for him to find a team to create scripts, so most of the questions asked were everyday issues.
“Lawyer Zhou, I'd like to ask, my upstairs neighbor's child makes a lot of noise every day. How can I make them stop?”
“I've also communicated with their family, and they said the child is still young, and the sound isn't loud…”
Zhou Yun quickly said: “First, secure evidence. Measure the noise level. If you want to pursue legal action, I suggest applying for a pre-litigation injunction.”
“Injunction?”
Zhou Yun nodded: “Yes, a pre-litigation injunction. For continuous infringement behaviors similar to noise disturbance, you can apply for an injunction. You can apply without filing a case, and results can be out within forty-eight hours.”
“Didn't you know about this? The ‘Provisions of the Supreme Peoples Court on Several Issues Concerning the Application of Injunction Preservation Measures in Cases of Ecological Environment Infringement’ came into effect on New Year's Day 2022.”
“Article 1 of the provisions states that if the other party's act of polluting the environment and infringing on the ecology is not stopped in time, and it will cause irreparable damage to your legitimate rights and interests, you can file an application for a pre-litigation injunction.”
“Noise is also a type of pollution, noise pollution. We learned about it in school.”
“The format of the application form is like this; you just write it accordingly, it's very simple, and basically there's no need to hire a lawyer…”
Zhou Yun spoke eloquently in the live broadcast room; these were all his professional accumulated knowledge.
When he has more exchange points, he plans to exchange for the “Memory Potion” in the mall. Its effect is simple: it allows him to recall everything he has read before.
If that were to happen, he could directly transform into a legal encyclopedia, and no one would be able to surpass him during live broadcasts.
It's just that this item is too expensive, costing as much as three hundred exchange points, so he can only drool over it for now.
In the Demon Capital, Zhou Xinyao had already returned home and was lying on her bed watching the live broadcast.
Watching more and more live broadcasts, Zhou Xinyao wasn't particularly interested in this Lawyer Zhou. He was like a legal machine.
It seemed like he had no human emotions, everything stemmed from law and profit.
It felt like such a person would be very boring, but surprisingly, his legal expertise was truly high.
Thinking of this, Zhou Xinyao sent her first bullet comment.
“Your level is quite good. Are you interested in developing in the Demon Capital?”
If the other party could come to the Demon Capital, he would probably develop even better.
The Demon Capital is very suitable for such lawyers.
In the live broadcast room, Zhou Yun saw that the top donor had spoken and quickly said: “Ah, Brother Night Raid, for now, I don't plan to go to the Demon Capital.”
Are you kidding? Although those messy things belonged to his predecessor, are you telling him to just leave like that? To bear the title of a cuckold for life?
How could that be? Having been reborn, and favored by the system, he must definitely seek revenge for grudges. It's impossible for him to leave before getting his revenge!
Zhou Xinyao was a bit disappointed after seeing this reply. She didn't know why the other party wanted to stay in Tianhe, but it was just a casual question.
Since the other party was unwilling, then so be it.
And she didn't send any more bullet comments.
Just like that, time slowly passed. As Zhou Yun estimated, about a few days later, the Ning City Intermediate Court called.
“Lawyer Zhou, your retrial application has been approved. We are preparing for a retrial here!”
Upon hearing this, Zhou Yun immediately felt relieved. If the matter could be resolved in Ning City, there would be no need to run around anymore.
But thinking about it, it made sense. This case was not appealed at the time, so it had no relation to the Ning City Intermediate Court. Coupled with new evidence, the difficulty of filing a retrial would not be very great.
And once a criminal case is decided for retrial, that itself represents the attitude of the Intermediate Court!
It can be said that the Intermediate Court is definitely inclined to change the verdict, otherwise there would be no need for a retrial at all.
Soon, Zhou Yun dialed Sun Chenhui's number: “Hello, I wanted to tell you that your father's case was filed for retrial today. Yes, it should be very quick.”
Listening to Zhou Yun's voice on the phone, Sun Chenhui's face was filled with excitement, and he hurriedly said: “Lawyer Zhou, thank you so much.”
Finally, the case was filed. He used to run around countless times before, but it was useless; the Intermediate Court wouldn't even accept his retrial application.
Fortunately, there's Lawyer Zhou; it's much better than him running around like a headless fly!