Xia's parents are both honest and honest rural people. She also has an older brother and an older sister, who are also taciturn people.
It wasn’t until one day that Xia’s sister Qinqin came to my law firm to find me and said that Xia had been caught committing a crime and asked me to find a way to save her, that I started to pay attention to some of Xia’s Condition. I only know that Xia had someone break her husband's legs because of relationship problems, and is now being held in a detention center. As for other things, Celery doesn't know.
My fees for handling criminal cases start at 10,000 yuan. Considering this family in the same village, I charged a nominal 3,000 yuan in lawyer fees and went through the agency procedures.
After contacting the police handling the case, I learned that the case had reached the stage of review and prosecution by the procuratorate. I submitted the agency formalities that day and made an appointment with the prosecutor handling the case for a review time.
The basic facts of the case are as follows: Xia married to Gangqian Village, Gangqianwan ten years ago. Her husband’s surname is Chen. He runs a small logistics company. The couple are both very capable and live a prosperous life. . But after the marriage, everything was fine in other aspects, except that Xia never became pregnant and did not pass down the incense to the Chen family. The local traditional concepts are still very strong. There are three types of unfilial piety, and having no offspring is the worst. This also laid hidden dangers for what happened later. . Because they had no children, the couple had a lot of conflicts. The husband often refused to go home because he was busy at work. Xiao Xia realized that there was a crisis in her relationship and began to follow Xiao Chen. Later, she discovered that Xiao Chen had a woman outside, and this woman was pregnant. Xiao Xia argued with her husband, but Xiao Chen said: "Let's divorce. The house at home will belong to you, and the income over the years will also belong to you." "If you want to leave me and live with a vixen, there is no way." The two broke up and quarreled. Getting up, Xiao Chen slammed the door and walked out.
The next day, Xiao Chen discovered that his car parked downstairs had been set on fire, but the car did not burn, but a hole was burned in the seat. Xiaochen guessed that it was Xia who did it. Depressed, he made an appointment with his friends to play billiards in the billiard hall to relieve his boredom. While they were playing, five or six young men came in and hit Xiao Chen indiscriminately. They broke his right leg with a club and walked away.
Xiao Chen called the police and found out through the video that the vehicle driven by the attacker belonged to a car rental company. The police followed the car rental records and caught these people. Without much effort, they were quickly arrested. They were all brought down and confessed that Xia paid them to do it.
Xia explained that when he was working at a car rental company, he was often "targeted" by others.
Since there are no female suspects in the district detention center, female suspects are concentrated in the city detention center. Xia drove for more than an hour to arrive. In order to have enough time for the meeting, Xia specially arranged to meet in the morning of the next day.
When Xia appeared in front of me wearing prison uniform and handcuffs, I felt very strange. She recognized me. The moment we met, she nodded to me, forced out a smile and said to me: "Brother, you are here." I motioned her to sit down and talk, and the prison guard locked the fastener on her chair. Ban went out, Xiaoxia and I sat facing each other across the iron fence and started talking.
"Why are you so confused? You were right in the first place, but when you made such a fuss, the result completely changed." I scolded her, and Xia opened the box with a wry smile.
Sister Xia spoke very quickly and it was difficult to insert words in the middle, so I listened to her first. Although the words added a lot of emotion, from what she heard, even if her husband's legs were broken, it still could not eliminate the anger in her heart. I judge that Xia belongs to the type of person who is reasonable and unforgiving. If she finds someone to talk to, she should be as ruthless as cutting vegetables with a knife.
I extracted some useful information from Xia’s long speech, which is basically consistent with the case file. Another point is that I can feel that Xia is too paranoid. This is due to her personality and she made a big mistake.
I told Xia that if she wants to be given a lighter sentence, she must first make a change in her ideological understanding. She cannot accept death as death. If she is wrong, she is wrong. She must plead guilty and serve the law. As for whether she can receive a suspended sentence, the key lies in her husband. Can you understand.
Xia Man agreed, but it was obvious that she was unwilling to grit her teeth and speak. I shook my head silently, said a few words of admonishment, and ended the meeting.
In order to get a letter of understanding from her husband, I tried to contact Xiao Chen, and Xiao Chen also agreed to meet with me. When we met, Xiao Chen's legs were not healed yet and he was limping on crutches. I quickly walked over and helped him sit down.
"Look, Xiao Chen, when two people live together, something like this shouldn't happen. I won't comment on whether you are right or wrong here. After all, you are also a couple, and she also knows that you are wrong. Let's see if we can issue a letter of understanding and try to get a suspended sentence. ""I don't know whether to call you brother or lawyer Pang. Let's put it this way. I understand Sister Xia's temperament. She will not give up this time. Even if it is to teach her a lesson, I will not issue a letter of understanding anyway. "For this reason, considering that this kind of thing cannot be forced, since the attitude of the person concerned is clear, I will give up and won't waste any more words.
Originally, the procuratorate prosecuted the case for the crime of arson and intentional injury. After negotiation, the crime of arson was removed and only the crime of intentional injury was prosecuted. In this way, there would be no concurrent punishment for multiple crimes and the corresponding criminal The responsibility will be lighter.
The case quickly reached the court. After the trial and evidence presentation and prosecution and defense arguments, the court made a first-instance judgment and was ultimately sentenced to one year in prison. After the trial, I went to the detention center to meet with Xia. She was still very angry and expressed that she wanted to appeal. In fact, I know that the sentencing in this case is not severe. Even the appeal is just a process. The facts are very clear and the application of the law is not a problem. But it is the right of the parties not to appeal, so I wrote an appeal and submitted it to the first-instance court. However, the first-instance court did not accept the agency procedures for the second instance, and asked me to wait for the second-instance court to notify me before submitting it myself.
A month later, I still haven’t received the notice from the Municipal Intermediate Court, and I went to the case filing court to check, but I couldn’t find the result. So I went to see Xia again, and Xia told me that the judge from the Intermediate Court came, asked a few questions and then left.
When I went to the Intermediate Court to inquire again, the judge said that the case had been closed in writing and the original judgment had been upheld. There was no trial, so the lawyer was not notified.
At that time, this kind of situation was common. Procedures were not so important, and lawyers would not mince words.
In the second year, one day suddenly I received a call from the Law Firm of the Bureau of Justice, saying that a client had complained against me and asked me to come over and understand the situation.
I am very confused. I feel that I handled the case in an orderly manner and had no conflicts with any parties involved. Who will complain about me?
With a lot of questions, I came to the law firm. Director Wang of the law firm took out the complaint materials. It turned out that it was Xia who complained to me, saying that as a lawyer, I did not appear in court to defend myself. I explained the situation to Director Wang, and then Director Wang understood: "How could she do this? Isn't this repaying kindness with hatred?"
I asked Teacher Wang to ask Xia, and I wanted to talk to her face to face. . Wang Chu called her, and in about half an hour, Xia came. Seeing that I was there, I couldn't help feeling a little embarrassed. I smiled at her, but she didn't speak. Wang Chu told her the situation I reported, and she kept rubbing her fingers, blushing and saying nothing.
"Go out. If you need anything, you can come to me first. If you have any difficulties, I can help you." Then I asked her about her current situation, and Xia said she was homeless now and it was hard to find a place to work. I took out five thousand yuan and handed it to her: "You rent a house to live in first, and you can find a job slowly. Don't be so impulsive in the future, and think about your reasons in advance." Xiaoxia timidly took the money and whispered: " Thank you, brother. "
Since then, I have never seen Xia again. When I went home to see my parents, they still greeted me as usual. I heard that Xia had not returned to her parents' home for a long time.
Lawyer’s comment:
The relationship between husband and wife is a contract to a certain extent. It is normal to break up and get back together. If the two people really can’t get along, it is best to make a divorce. Good job.
Once cheating is discovered, the best way is to fix the evidence and resolve it through legal means, which can protect your legitimate rights and interests to the greatest extent. If private relief is adopted, the result is often a lose-lose situation and a defeat.
As a lawyer, you must put the client in the proper position and treat the matter rather than the person. In many cases, good intentions may not be rewarded. Otherwise, you don’t even know how it will harm you.
A person's character will determine his destiny, and different ways of doing things will portray different groups of people.