Xia's parents are also honest rural people. She also has a brother and a sister, both of whom are law-abiding.
It was not until one day that Xia's sister Qin came to my law firm to find me and said that Xia had been caught in a crime and asked me to find a way to save her that I began to notice something about Xia. Qin only knows that Xia broke her husband's leg because of emotional problems and is now in the detention center. As for other things, Qin is not clear.
I started with 10 thousand yuan for handling criminal cases. Because they are from the same village, they received a symbolic fee of 3000 yuan and went through the agency procedures.
I contacted the police handling the case and learned that the case had reached the stage of examination and prosecution by the procuratorate. On the same day, I submitted the agency procedures and made an appointment with the prosecutor to read the papers.
The basic case is this: Xia married Qian Gangtou Village in Qianwan Port ten years ago. Her husband, surnamed Chen, runs a small logistics company. Both husband and wife are very capable and their lives are thriving. But everything else is fine after marriage, except that Xia has never been pregnant and has not passed the fire on to Chen Guren. Local traditional ideas are still very heavy. There are three kinds of unfilial, no future, and hidden dangers for later things. There are many conflicts between husband and wife because there are no children, and the husband often excuses that he is too busy at work to go home. Xia realized that her feelings were in crisis and began to follow. Later, she found out that Xiao Chen had a woman outside, and that woman was pregnant. Xia argued with her husband, but said, "Let's get a divorce. The house at home belongs to you, and the income of these years also belongs to you. " "You want to abandon me and the fox, no way." They quarreled and broke up, and Xiao Chen slammed the door and left home.
The next day, Chen Faxian Jr. stopped in the car downstairs and was set on fire. Fortunately, it didn't burn, but the seat was burned with a hole. Guess it was Xia Gan, so I made an appointment with a friend to play billiards in the billiards hall to relieve boredom. Playing and playing, five or six young people came in, indiscriminate. When they caught Chen Xiao, they hit him, broke his right leg with a stick and drove away.
Chen Xiao reported the police and found through video that the vehicle driven by the hitter belongs to the rental company. The police tracked down these people through the rental records without much effort. They soon abandoned all of them and admitted that Xia paid them to do so. So Xia was quickly arrested and brought to justice, and she also confessed after the case.
Because there is no female number in the detention center of the jurisdiction, all female suspects are concentrated in the city detention center. I need to drive for more than an hour to get there. In order to have enough time for the meeting, I specially arranged to meet the next morning.
When Xia appeared in front of me in prison uniform and handcuffs, I felt very strange. She knew me and nodded to me as soon as she met, forcing a smile and saying, "Brother, you are here." I motioned for her to sit down and talk. The guard locked the fixing plate on her chair and went out. Xia and I sat face to face across the iron fence and chatted.
"How can you be so confused? You should have made such a fuss, but the result has completely changed. " I scolded her, Xia gave a wry smile, and she opened her mouth.
Xia speaks very fast and it's hard to get caught in the middle, so I'll listen to her first. Although there are a lot of emotions in the words, I can hear between the lines that even if I break her husband's leg, I still can't eliminate her inner anger. In my judgment, Xia belongs to the type of reason and tide wait for no man. When she scolds people, she should cut vegetables like a knife.
I extracted useful information from Xia's long speech, which is basically consistent with the case in the case file. Another thing is that I can feel that Xia is too paranoid, which is why she made a big mistake.
I told Xia that if she wants to get a light sentence, she must first change her thinking and understanding. If she is wrong, she is wrong. She should plead guilty. As for whether she can get probation, the key depends on whether her husband can understand.
Xia readily promised, but I could see that she was unwilling and gritted her teeth. I silently shook my head, told and ended the meeting.
In order to get her husband's letter of understanding, I tried to contact Xiao Chen, and he also promised to meet me. When we met, Xiao Chen's leg was still not well. He was limping on crutches. I took two steps to help him sit down.
"You see, Xiao Chen, this couple live together. Such a thing should not have happened, and I won't comment on your right or wrong here. After all, you are husband and wife, and she is also at fault. Do you think you can make a letter of understanding and strive for probation? " "I don't know whether to call your brother or a lawyer. Let's just say that I know Xia's temper. She won't let go. Even if I teach her a lesson this time, I won't write a letter of understanding anyway. " Speaking of which, considering that this kind of thing really can't be forced, since the parties have made their attitude clear, I won't talk about it. Don't waste your breath.
Originally, the procuratorate wanted to sue for arson and intentional injury. After consultation, arson was ruled out and only the crime of intentional injury was prosecuted. Since then, there will be no combined punishment for several crimes, and the corresponding criminal responsibility will be lighter.
The case soon reached the court. After cross-examination and debate between the prosecution and the defense, the court made a first-instance judgment and finally sentenced it to one year in prison. After the trial, I went to the detention center to see Xia again. She is still angry and says she wants to appeal. In fact, I know that the sentencing in this case is not heavy, even if the appeal is only a process, the facts are clear and there is no problem in the application of the law. But it is the right of the parties not to appeal, so I wrote an appeal and submitted it to the court of first instance, but the court of first instance did not accept the agency procedure of second instance and asked me to wait for the notice of the court of second instance to submit it myself.
After a month, I haven't received the notice from the City Intermediate People's Court, and I didn't find the result when I went to the filing court for inquiry. So I went to find Xia again. Xia told me that the judge of the Intermediate People's Court came, asked a few questions and left.
When going to the Intermediate People's Court for further inquiry, the judge handling the case said that the case had been concluded in writing and the original judgment was upheld, so there was no court session, so the lawyer was not informed.
At that time, this often happened. I don't pay that much attention to procedure, and as a lawyer, I won't bite.
The next year, suddenly one day, I received a phone call from the Legal Management Office of the Judicial Bureau, saying that a party complained to me and asked me to go over and find out about the situation.
I'm confused. I feel that I am very disciplined in handling cases, and there is no conflict with any party. Who will complain about me?
With many questions, I came to the Legislative Affairs Office, and Director Wang of the Legislative Affairs Office took out the complaint materials. It turned out that Xia complained to me that as an attorney, I didn't appear in court to defend. I explained the situation to the king of Chu, and he suddenly realized, "How could she do this? Isn't this a bite? "
I asked Wang to make an appointment with Xia and wanted to make it clear to her face to face. The king of Chu called her. About half an hour later, summer came. I'm a little embarrassed to see me here. I smiled at her, but she didn't speak. The king of Chu told her my report. She kept rubbing her fingers and blushed without saying a word.
"Come out, you can come to me first if you have anything, and I can help you if you have any difficulties." Then I asked her about the situation now. Xia said that she is homeless now and it is difficult to find a job. I took out 5000 yuan and handed it to her: "You can rent a house first, and you can look for a job slowly. Besides, don't be so impulsive in the future. Think about your own reasons first. " Xia timidly took the money and whispered, "Thank you, brother."
Since then, I have never seen Xia. When I went home to meet her parents, I still greeted her as usual. I heard that Xia hasn't been back to her family for a long time.
Lawyer's comments:
The relationship between husband and wife is a contractual relationship to a certain extent, and it is normal to be on and off. If they really don't get along, they'd better get together and part. Once one party is found to be cheating, the best way is to fix the evidence and solve it through legal channels to protect their legitimate rights and interests to the maximum extent. If you take private relief, you will often lose both sides.
As a lawyer, we must put our clients in their proper position, not people. Many times, good intentions may not be rewarded. Otherwise, you don't even know how you got hurt.
A person's personality will determine his fate, and different ways of doing things will portray different existence.