"The Zhongxianglu Police Station considered the criminal facts as minor and did not file a case; the private prosecutor applied for administrative review with the Gaoxin Sub-branch..."
This private prosecution statement was very long because it needed to clarify everything inside, including the process in the middle.
Even now, the whole world knows you have completed the procedures, but in court you still have to prove these things.
"Also filed a civil lawsuit, claiming a compensation of one hundred thousand yuan for mental damages to our client!" Latest content published on NoveIꜰire.net
After reading the statement, Judgment Chief Lao Qian spoke, "Defendant's defense."
Lawyer Sun rose unhurriedly to begin the defense.
"Our client did not intentionally commit extortion, Guo Erdan is seventy-five years old, so due to blurred vision he did not see clearly, and Guo Shengfang was some distance away, noticing only after her father had fallen, making her misidentification of Chi Yan knocking down her father understandable..."
"Moreover, after inspecting the surveillance and discovering it was not Chi Yan who knocked him down, our client apologized, and has already been administratively detained for fifteen days. Considering that the entire act did not result in any harm, we request the court to dismiss the lawsuit."
If you listen carefully to the lawyer's defense, it boils down to four words: avoid the important points.
Having already seen the other party's evidence before, Lawyer Sun was very clear that there was no way to refute the procedure; what could be argued was the case itself.
Being able to prevent the police and the procuratorate from filing a case illustrates the minor degree of criminality of this case.
Thus, according to the regulations, it is possible not to regard it as a crime; this is his confidence!
From top to bottom, there's a demand for cautious use of criminal law, resolving many issues through mediation whenever possible. Tang Fangjing went against this, and it seems he went through the full procedure, but he should think about it—if the court really ruled on this, where would the other two institutions put their faces?
The evidence and cross-examination phase began.
Lao Song remained calm, and rather than say he was Old Tang's mentor, it would be more accurate to say Old Tang taught him a lot.
"Evidence one, surveillance video obtained by the Zhongxianglu Police Station, proves that when Guo Erdan fell, our client was over a meter away from him, and Guo Shengfang had already seen this."
"Evidence two, video from the hospital lobby, filmed by our client, proving that Guo Erdan and Guo Shengfang engaged in extortion, demanding three thousand yuan for medical expenses."
"Evidence three, records of the police call, notice of non-filing..."
"Evidence four, mental diagnosis certificate of our client, the incident caused our client extreme mental distress, unable to sleep normally for a long period..."
Several pieces of evidence in succession, the earlier ones proving the substance of the case, and the latter ones showing there was nothing improper about the procedure.
Lawyer Sun began cross-examination: "No objections to the objectivity and legality of evidence one, but there are objections regarding its relevance, as the surveillance video cannot prove whether our client was aware of how the fall occurred."
"Objections to evidence two in terms of objectivity, legality, and relevance, as the evidence was filmed by the plaintiff himself."
"No objections to the objectivity and legality of evidence three, but there are objections regarding its relevance..."
Following the cross-examination, Lawyer Sun began to present evidence.
"Evidence one, Guo Erdan's vision impairment certificate, proving that Guo Erdan indeed did not see clearly who knocked him over."
"Evidence two, Guo Shengfang's apology video at the police station, proving that upon realizing her mistake, Guo Shengfang apologized and acknowledged her error."
"Evidence three, the administrative detention records for Guo Shengfang by the Gaoxin Sub-branch, proving that the relevant department has already penalized the incident and should not bear additional criminal liability."
Lao Song likewise cross-examined.
"We accept the legality and objectivity of evidence one, but not its relevance. Guo Erdan's vision impairment meant he could not see clearly who knocked him over, but according to the surveillance video, it was evident that he fell on his own. He had a visual impairment, not a lack of sensation."
"No objections to evidence two, we acknowledge the objectivity and legality of evidence three, but not its relevance. Criminal liability can still be pursued after administrative punishment..."
After Lao Song finished, Judgment Chief Lao Qian immediately announced, "The court's investigation is concluded, and the court debate will now begin."
Lao Song immediately stood up and said, "Judgment Chief, I request to question the defendant."
Lao Song then directed his gaze toward the defendant and said, "Guo Erdan, at the time were you clearly aware of being hit by the electric scooter?"
Frustrated, Guo Erdan was taken aback by the question. Indeed, Lawyer Sun had instructed him on how to respond if the other party asked questions.
But he hadn't said anything about expecting this sort of question.
This type of lawyer's question is quite similar to the interrogations by public prosecutors in criminal cases, so sometimes lawyers need to teach how to handle it.
Guo Erdan was at a loss for words.
Lawyer Sun hastily made eye signals; his evidence of visual impairment was actually optional, and the key point of defense was not on that issue.
So why did the opposition suddenly ask this question?
But at this moment he could not speak, which was an issue of experience.
While Lawyer Sun had conducted many public prosecutions, this was indeed his first self-prosecution case. In Jingzhou, there weren't many criminal self-prosecution cases and not many engaged in them.
Seeing the defendant not answering, Lao Song spoke again, "Guo Erdan, did you feel at all, an electric scooter's impact feeling is quite distinct."
In criminal cases, whether the public prosecutor or the private prosecutor asks questions, the party involved should answer. If they do not, it will be treated as failure to provide evidence.
After hesitating for a long while, Guo Erdan finally said, "I... I didn't feel it."