My Wife is a Counsel Chapter 224: Legal ceiling
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In the reception room of the general manager's office, Barber listened to Lu Ming talking about Field's project, and had a vague illusion that he had met his former mentor.
“We issued an order in June this year to lift the state of war in big cities. From a common sense, it is difficult to convict atrocities committed in a state of war before. The other party’s defense lawyer can use Field’s mental state and other factors to conduct the investigation. Defense, and I estimate that the opposing lawyer will definitely apply for a jury trial, because the jurors will all be our Sonia soldiers, and they will naturally take Field's position."
"It seems that we are at a big disadvantage, but this case cannot be viewed purely from a legal perspective. General Dönitz hopes to show goodwill to the native people through this case, and the other party's lawyer will get the hint, so, He might go in the direction of putting Field in jail for a few months."
"Our goal is to put Field in prison for more than ten years. Personally, I hope his sentence will be more than twenty years."
Barber couldn't help but be stunned.
Lu Ming smiled and said, "This requires your hard work!" He patted him on the shoulder.
"As I said before, it seems difficult for him to be convicted due to psychological factors and the so-called war state. However, he did not just commit an atrocity. This was the one involving military families. He There were more than a dozen cases of **** and murder of civilian girls, and they were even brought to court by a brave local lawyer, right? ”
Barber nodded slightly, knowing this and knowing that this lawyer was so powerful that the puppet court of the state had to summon Field, but Field never came to court. Later, the lawyer drowned while drunk, and Eucalyptus also Just let it go.
Lu Ming said: "You can bring these dozen pieces of evidence to our military court to prove that Field is actually a devil. The so-called war state cannot be his fig leaf."
Barber smiled bitterly: "But Chief, this lawsuit has not been decided by the court, so it can't be used as evidence, right?"
Lu Ming said: "Just let the jury see these evidences. I have collected these files for you. They are all the evidence originally collected by the reporter, including many cruel photos. You can show them to the jury. , making them forget about their identity as a state and a Sonia, affecting them and making them imagine how cruel this would be if these were their sisters, wives and daughters. ”
Barber nodded silently.
Lu Ming added: "Of course, the other party's lawyer may use the principle of prohibition of double jeopardy to prohibit the presentation of these evidences."
The so-called principle of prohibition of double jeopardy is the colloquial saying that no matter the case shall be judged twice, no matter what the case may be.
Barber was startled: "However, the court has not yet made a ruling, and the trial process has just begun. Doesn't it violate this principle?"
Lu Ming smiled: "If it were a senior petitioner, he would definitely cite this principle, because double jeopardy is never based on the judgment that the court has made, but as long as the judicial process has a negative impact on the defendant. If there is a danger, the defendant should not be exposed to a second risk. In this case, the court has summoned Field, and the outside media has also made a fuss, which poses a danger to Field."
Barber suddenly realized and said with a wry smile: "It seems that I still need to study civil law seriously."
Lu Ming nodded: "The other party is also a military lawyer. I'm afraid he won't think of this principle, but I will find a way to inspire him."
Barber was even more stunned and didn't know what to say for a moment.
Lu Ming said with a smile: "It is to make him think that according to this principle, the evidence we cited will not be presented to the court at all. In this way, he will be very sure about how to deal with these evidences. If we show up in court, we won’t be too well prepared, and we can kill with one strike.”
Looking at Barber, Lu Ming continued: "What we are focusing on is whether military courts belong to the normal judicial system or not? In fact, we have independent judicial institutions, separate prisons, and separate punishment standards. In the Western Region, except for the big cities, everything is still in a state of war. In fact, from any perspective, the judgment made by our military courts is a military order and is independent of the judicial system. Therefore, although the local courts have There is a dangerous relationship with the defendant, but the trial in our military court does not involve the principle of double jeopardy, but uses military order procedures to punish officers and soldiers who violate our military regulations."
Barber was sweating after hearing this. It took him a while to finally understand what the director was saying.
Here, is this how the lawsuit is fought? All kinds of traps are set up, and the trap only works if the other party is a senior lawyer. Only the senior lawyer can think of seemingly clever countermeasures after his own move. If he is not a senior lawyer, he has to remind the other party, "Hey, you have a trick." Wonderful hand.
Then, in fact, this seemingly brilliant skill is actually a trap that sends the opponent to hell.
Barber was sweating profusely for a moment, feeling as if his previous world had been overturned and he was introduced to a whole new world.
Lu Ming added: "After this incident, I think the Supreme Court will interpret the law and integrate the military court system into the judicial system, and our military legal procedures will be further improved, but that will be in the future, at least for now. , this principle of prohibiting double jeopardy cannot be introduced into our trial, but we will study it how to say it.”
Barber immediately nodded his head, sincerely convinced. He listened to Lu Ming's explanation and asked questions like a primary school student making a pilgrimage.
It was already dark when the two of them finished. Lu Ming nodded with satisfaction. This Barber had a good understanding.
"I have to rush back for the New Year's Eve dinner. It's also the end of the New Year. During this period, you can just digest what I said, um, Happy New Year!" Lu Ming patted Barber on the shoulder.
Barron looked at Lu Ming eagerly, wanting to say something.
Lu Ming smiled and made a zipper gesture with his mouth.
Barron nodded repeatedly: "Commander, I know, I know!"
Lu Ming smiled slightly: "Okay, you are welcome to come and chat with me often in the future. However, when it comes to law, I only have these three skills, which I learned from experts."
Barron nodded: "Yes, I understand!"
……
The solitary room of the military camp had a small hard bed and toilet together. It was difficult for a huge body made of bones to turn around inside.
The door was opened and the guard left. Lu Ming could only stand at the door and talk to him.
"Basically, I think the sentencing can be more than ten years, maybe longer. I know you want his life very much, but don't rush at this moment. He will be imprisoned in a military prison in the Western Regions. Let's take it slow. Slow down, there will be a chance in the future. Now, is your life for his life what your sister wants to see?" Lu Ming said and handed over a paper bag, "Think about it carefully, here. New Year’s Eve dinner, I’m going home to have New Year’s Eve dinner too!”
Indeed, if I don’t return to Shengjing, I won’t be able to catch up with my real reunion dinner.
As for what he brought to Gumaoluo, he naturally brought top-quality steaks and good wine. Although it was not his own authentic century-old Maga brandy, it was just a bit of a blend, but it definitely tasted much better than the top-quality brandy worth hundreds of dollars. .
Over there, Bone Spear Luo nodded silently, and soon, the iron door was shut tightly with a bang.
Gu Maoluo opened the paper bag. Inside was a large piece of steak and a bottle of brandy. Looking carefully at the logo, the bottle of brandy turned out to be the legendary Maga brandy. However, it seemed to be an imitation. I heard that the original version of this wine had already been sold. No more. The last bottle was drunk by the former emperor of the empire as a prank before he died. But later, for some reason, someone discovered the treasure puree in an abandoned wine cellar. I don’t know how many bottles were blended. Even if it is a priceless treasure, the richest people in the empire have offered tens of thousands, but they can't find a way to buy it.
The wine bug had been raging in his body for a long time. Bone Spear Luo bit off the cork on the wine bottle and spit it aside. He raised his neck and started drinking wine.
Suddenly, Bone Spear Luo's movements froze, and he suddenly stood still. He picked up the wine bottle and looked at it carefully, his eyes were extremely surprised.
Next, I want to find a wine glass, but looking around, where can I find a wine glass here? I could only take small sips, but my eyes became brighter and brighter.