Chapter 78 Filing of Complaint
Zhao Jing said: "We are just afraid that Wei Ningshan and his son will not have any other property by then, and after the court auctions Wei Ningshan's house, they will not be able to compensate the little girl's family first."
I smiled and said, "It wouldn't be a loss if we could take pictures of the house next door."
Zhao Jing said: "Well, that's true. Don't worry, husband, I will continue to pay attention to the execution and auction progress. We will participate in the bidding as soon as there is news."
I said, "Thank you, wife. My shoulders are not sore now. You should go to bed early. I will take a shower first. After I take a shower, I will go down to practice Qigong and write other litigation materials."
Zhao Jing turned my head to the side, leaned over and kissed my lips, and said, "Okay, then go ahead and kiss your husband."
On Wednesday of the second week, Zhao Jing found out that the Beicheng District Procuratorate had transferred the case of Wei Ningshan and his son's destruction of property and the case of Wei Ningshan's mother's obstruction of official duties to the Beicheng District Court for prosecution. So we also rushed forward and filed the already prepared criminal and civil prosecutions.
The petition was submitted to the filing division of Beicheng District Court.
Almost two months later, we received the notice of the court hearing.
This morning, in the No. 1 Grand Courtroom of the Beicheng District People's Court.
I was wearing a black suit, a white shirt, and a blue tie that Zhao Jing had just chosen for me the day before yesterday, and I was sitting at the table of the criminal incidental civil plaintiff.
Zhao Jing has been transferred from the front desk to a paralegal. Of course, she is just an assistant who carries bags and drives. She has a female lawyer to help her run errands, because this female lawyer happens to have a case to be heard in the Anping Intermediate People's Court today, and Zhao Jing wants to go with her.
, so I didn’t come.
And Xie Ling, with her handsome male tutor in his forties, sat at the defendant's defender's seat.
From the moment I entered the court, this little girl Xie Ling never looked at me.
Fortunately, my eyesight is higher than that of ordinary people. I saw her using her peripheral vision several times to quietly observe me for a long time.
After a while, Wei Ningshan and his son, who were handcuffed on the front and wearing yellow detention center vests, were escorted by bailiffs to the two defendants' seats.
At that time, the relevant departments had not yet introduced relevant systems. Defendants still had to wear yellow vests when going to court, and all defendants, regardless of the nature of the case, had to wear handcuffs.
Until February 28, 2015, the Ministry of Education and the Ministry of Education jointly issued the "Notice on the Dressing of Criminal Defendants or Appellants When They Appear in Court for Trials", stipulating that when the court goes to the detention center to arraign a criminal defendant or appellant in custody, the detention center should
Transfer a criminal defendant or appellant in custody to the court in formal or casual attire.
Although this is only a small change in court trial attire, it breaks the 30-year-old tradition of defendants wearing "yellow vests" to appear in court for trials, and fully implements Article 12 of the Criminal Procedure Law of the People's Republic of China regarding "without permission of the people."
The court shall make a judgment in accordance with the law, and no one shall be convicted of any crime.”
In the court, as soon as Wei Ningshan and his father came in, they first observed the environment in the court for a while.
Then, Wei Ningshan's father began to lower his head and look at the floor tiles in front of him.
Wei Ningshan, on the other hand, began to stare at me intently, with a murderous look in his eyes, as if I was the murderer of his mother and son.
"Dah!"
At this time, as the gavel struck, I stopped my random thoughts and raised my hand to straighten the knot of my tie.
Then, the criminal part of the trial officially began.
This is a three-person collegial panel composed of one judge and two jurors. The young female presiding judge wearing a black robe first announced the opening of the trial, announced the parties to the court, announced the cause of the case, and announced the members of the collegial panel.
The clerk, prosecutor, defender, incidental civil parties, etc., inform the parties of their litigation rights, such as the right to apply for recusal, inform the defendant of his right to defend, etc., and at the same time verify the basic situation of the parties and the receipt of relevant documents.
Next, the prosecutor began to read the indictment in court.
When the prosecutor finished interrogating Wei Ningshan and his father, the presiding judge looked at me and said: "The collegial panel has decided that the reading of the attached civil indictment will not begin until the criminal part is completed."
We are a novice, we don’t understand the rules, and we don’t dare to ask. So I had to smile and nodded to the presiding judge.
But I know that for a while, I won’t have much to do. My main job is to listen carefully to what they say, and then do whatever the presiding judge tells me to do.
The next step is for the judge to interrogate the defendant, which is nothing more than whether he admits guilt or not, and whether he agrees with the prosecutor's prosecution.
What I didn't expect was that Wei Ningshan and his father both went to court and still insisted on not pleading guilty.
Next, the prosecutor presents physical evidence to the court, and the judges listen to the cross-examination opinions of the prosecutor, parties, defenders, and litigation agents.
When it came time for the prosecutor and the defender to express their opinions on the case, I heard that one of the attorneys appointed by the two defendants, Xie Ling’s master, actually defended himself not guilty.
Next, the presiding judge announces the end of the debate and the defendant makes his final statement.
Finally we got to the trial with the civil part.
In accordance with the request of the presiding judge, as the incidental civil plaintiff, I began to read out the incidental civil complaint.
Listen to the defense opinions of the defendant and defender.
"Ahem!"
At this time, Xie Ling glanced at her master and the two defendants. When her master nodded to him, she coughed twice. It seemed that she was the one to speak next.
It should be noted that according to Article 23 of the "Management Rules for Internships of Lawyers Applying for Lawyers" promulgated and implemented in 2010, "Law firms and internship guidance lawyers shall not instruct or allow interns to engage in the following behaviors: (1) Undertake legal work alone
Business; (2) Signing an agency agreement or legal advisory agreement in the name of a lawyer, and issuing legal documents to others; (3) Expressing defense or representation opinions in court or arbitral tribunals in the name of a lawyer; (4) Negotiating in the name of a lawyer,
Contracting business;(
"5) Printing business cards and other related materials in the name of a lawyer; (6) Other activities that should be carried out in the name of a lawyer according to law." It is generally believed in the industry that trainee lawyers cannot speak alone in court, but before that,
Basically, trainee lawyers
Almost no one would raise objections, let alone a rookie like me. We didn’t understand, and we didn’t dare to ask. So I could only listen to what Xie Ling had to say first. If it were now, I would
Chapter completed!