Chapter 84 Judgment Result
When the printer in front of the clerk had just printed out the first page of the transcript, Xie Ling rushed forward again, picked up the transcript and looked at it, then directly picked up the water-based pen in the pen holder in front of the clerk and looked after herself.
Start signing yourself.
The clerk and I looked at each other with helpless expressions.
After Xie Ling finished signing, she didn't say anything. She casually put the transcript on the clerk's desk and pressed it on the computer keyboard. Then, whether intentionally or accidentally, she walked back to her seat with the clerk's pen and stuffed it.
She put it into her bag, picked up the bag and turned around to leave.
After I signed the cross-examination transcript, I slowly walked out of the court gate and came to a bus stop on the roadside, planning to take the bus and transfer to Metro Line 1 to go to school.
At this time, a white BMW 7 Series sedan stopped in front of me.
I lowered my head and saw that Xie Ling was wearing big sunglasses and sitting in the driver's seat of the car. She looked me up and down and said, "Rookie, are you waiting for the bus?"
I said: "Yes."
Xie Ling said: "Did you think I wanted to give you a ride?"
I said, "No, I get carsick."
Xie Ling smiled and said: "Hahaha, you have a beautiful idea. I stopped to tell you that you and I have different starting points."
I said: "Why should I compare with you?"
Xie Ling took off her sunglasses, stared at me and said, "That's right, what's the use of a butterfly showing off its beautiful wings to a bug?"
After saying that, she stepped on the accelerator and drove away.
More than a month later, on a Friday night, Zhao Jing and I were nesting on the sofa at home, studying together the judgment I had just received from the court during the day.
I looked at the thick verdict in Zhao Jing's hand and said with a confused expression: "Both the Wei family and his son were sentenced to two years and three months. Isn't the punishment appropriate?"
Zhao Jing said: "Of course it's appropriate."
I said, "The compensation for my loss is only 15,000 yuan. I'm really unhappy."
Zhao Jing held the verdict and said with a smile: "Oh my husband, whether illegal construction can be the target of the crime of intentional destruction of property, you have seen it online before, and there is a lot of controversy in practice. You see,
The current judgment first holds that illegal structures can become the targets of the crime of intentional destruction of property. This view is the same as that of the case I handled before. To determine whether the perpetrator commits the crime of intentional destruction of property, it is necessary to find out the ownership of the house and the ownership of the property.
, whether the basis for identification of illegal building losses is objective. Especially when identifying the amount of losses, the factors of construction violations should be considered. Illegal buildings themselves are a kind of property, and builders of illegal buildings still enjoy certain rights in property rights over the property.
However, an illegal building is an illegal fact after all, and its illegality cannot be denied simply because the sources of its construction materials, ancillary facilities, and equipment are legal. Therefore, the scope of the infringer's compensation is limited to the damage to the value of this part of the property.
Construction fees, labor costs and other expenses claimed by illegal builders, as well as expected benefits, additional benefits, market appreciation benefits, etc., are not protected. This part of the claim is a loss caused by illegal behavior and inappropriate purposes, and should be covered by illegal construction.
The person must bear the responsibility himself. Moreover, this judgment distinguishes between the amount of property damage in the criminal part and the amount of compensation in the civil part attached to the crime. The reasoning on this issue is also very clear and well-founded. I think it is the top grade in the judgment.
It can definitely be submitted as a high-quality case."
I scratched my head and said, "I don't understand."
Zhao Jing rolled her eyes at me and said: "The overall meaning is that the court's final decision that we received 15,000 yuan in compensation is correct. If I were the judge in this case, I would make the same decision."
I said: "Okay then, shall we not appeal this case?"
Zhao Jing said: "Of course we don't want to appeal. We have won a very good victory within the legal framework. However, the judge did not favor anyone too much and the verdict was very fair, so it is said to be a high-quality case."
I said: "If the defendant does not appeal, then this matter will be considered over."
Zhao Jing said: "I think it is unlikely that the other party will appeal."
I said, "Why?"
Zhao Jing said: "The Wei family should be out of money. Do you think Xie Ling and her master will give their family a second trial in vain? In addition, the verdict is actually impartial. No matter how bastards the Wei family father and son are, they will not
I will analyze the situation objectively. If I were the two of them, I might as well hope that the verdict takes effect as soon as possible so that I can leave the detention center and live in a more spacious house in the prison."
Generally speaking, when a lawyer represents a case, the contract signed with the client stipulates that the lawyer will only take over the case until the first instance is concluded, because in many cases it is impossible to determine whether the outcome of the lawsuit is a win or a win, even if the legal relationship is clear, the facts are clear, and the evidence is complete, at first glance
It cannot determine whether the client will win or lose, but it cannot guarantee whether the client is satisfied with the lawyer's other services. If the client relationship is agreed to extend to the second trial or even the retrial, there will be too many uncertainties, and it is difficult to determine the lawyer's workload, and furthermore, it is impossible to determine the entrusted lawyer's performance.
Price.
I said: "That's right, but my wife, how do you know that their family has no money?"
Zhao Jing said: "Because I heard about the death compensation case between the Wei Ningshan couple and the little girl's family, the Wei family did not hire a lawyer. With their family's style, it involves hundreds of thousands of death compensation, so it is impossible not to hire a lawyer.
In addition, it is said that the funerals of Wei Ningshan's son and mother were very shabby. Even so, their relatives even planned to break into their homes to take valuable items to offset the funeral expenses raised by their relatives. Fortunately, they were stopped by the security guards of our community.
.So after comprehensive analysis, there is only one conclusion, and that is that their family really has no money.”
I said, "Wow, my wife is so well-informed."
Zhao Jing said: "Hey, it's not the uncles and aunties from the roadside publicity department in our community who said so."
I said: "It's okay to say that a relative of the Wei family broke down the door to take valuables and was stopped by the security guard. This kind of weird thing would spread throughout the community in a short time. But the Wei family can't afford a lawyer. Where are the uncles and aunties going to listen?
This news has arrived.”
Zhao Jing said: "The lawyer hired by the little girl's family was recommended by a certain aunt and is that aunt's son-in-law."
I said, "Has this case gone to trial?"
Zhao Jing said: "It was opened last week. It was opened at the detention center. I estimate that the verdict will be issued in just one or two months."
Chapter completed!