Chapter 324 Zhang Wei: I advise you not to play with fire (Modify)
Binjiang District Court, Case Filing Center.
"Teacher Luo, Mr. Jiang, are you having another case?"
Staff Lin Ran looked at the two very tortured men in front of the window and swallowed quietly.
When I see them, I think of the fear that I was once dominated by 007.
Isn't this a big move?
"Yes, but this time it's just a small civil lawsuit."
Luo Dajie smiled and handed over the complaint and related materials.
"Okay, Mr. Luo."
Lin Ran breathed a little relieved and took the materials to check.
"Huh? It costs one dollar to claim mental damage?"
Lin Ran blinked and almost thought he had read it wrong.
After a big lawsuit, he only claimed one dollar for mental losses?
What is this...?
However, considering that the person involved in this case is Jiang Bai and the agent is Luo Dazhe, Lin Ran felt that it was not that difficult to accept.
After all, it was them.
Lin Ran continued to review the materials.
This case is relatively simple, and Luo Dazhang's materials were prepared very well. There is nothing to say, so just file a case.
Jiang Bai got the filing receipt on the spot.
According to the court's procedures, the two parties will most likely organize pre-trial mediation first.
If the mediation is successful, everything will be fine and the resources of the law can be saved. If the mediation fails, the trial will be officially held.
Sure enough, just the day after the case was filed, the court called and asked to organize both parties to sit together for mediation.
At three o'clock in the afternoon, Jiang Bai and Luo Dazhang met Chen Yutong in the court mediation room.
The latter looked a little haggard, with red eyes and looked in poor spirits.
Seeing Jiang Bai coming in, he just raised his eyelids slightly, so he didn't pay much attention.
Immediately afterwards, the judge walked in with the clerk, nodded slightly to Luo Dazhao, and then sat in the middle.
"Hello everyone, I am Song Guangming, the judge of the Civil Court of First."
The judge introduced himself and said:
"I'm going to ask both of you to come this time, mainly to promote mediation. After all, there is still room for discussion on your matter."
"And you're really not going to get this point when you sue."
Song Guangming glanced and saw that neither party had any objection, so he continued, "Then let's start now. Mr. Jiang, you are the plaintiff, you can talk about your conditions first."
Jiang Bai glanced at Chen Yutong opposite and said, "My conditions are very simple. Miss Chen compensates me for one dollar of mental loss, so I will withdraw the lawsuit."
Originally, there were requests for public apology in the complaint, but seeing that Chen Yutong had been taught a painful lesson, Jiang Bai did not mention this.
After decades of seriousness, this is his first time to "promote his skills".
"This is really simple."
Song Guangming nodded with a smile.
Then he looked at Chen Yutong and asked, "Miss Chen, what do you mean?"
"Can."
Chen Yutong's voice was a little hoarse.
Her attitude surprised Jiang Bai very much.
But no matter what, since the two sides reached a consensus, it would be simple.
Song Guangming was also happy and immediately asked the clerk to prepare a mediation letter and let both parties sign it, and the case would be over.
Of course, the end of the case does not mean that the matter has passed.
After all, this civil lawsuit can only be regarded as an appetizer at best, and the real meal must be a criminal private prosecution.
So after Jiang Bai and Luo Dazhang came out of the mediation room, they went to the filing center.
In Lin Ran's confused eyes, two complaints and corresponding evidence materials were submitted.
"Criminal private prosecution?"
Lin Ran blinked, no longer surprised.
Reviewed the materials
Afterwards, he looked at Luo Dazhao and said, "Teacher Luo, there is no problem with the materials. It should be possible to file a case. You two can go back and wait for news."
After all, it is a criminal case, and there is still some difference between it and a civil case. Although Luo Dazhuo submitted no problems with the materials and the evidence is sufficient, it is impossible to file a case on the spot.
Lin Ran needs to report to the leader, and it will probably take only one or two days to file a case.
Sure enough, Jiang Bai received the summons the next afternoon.
All two private prosecution cases are filed, one is three days later and the other is four days later.
...
A community in Longcheng.
Chen Yutong was wearing loose home clothes, sitting cross-legged on the sofa, constantly replying to the posts from the post bar, and was very busy.
As for Ma Jinglong, he was lucky. After a comprehensive examination in the hospital, he found that he was not infected.
They all cried with joy.
Then he broke up with Chen Yutong immediately.
The beast-controlling female warrior, he really dare not provoke him.
Chen Yutong didn't try to keep anything, and she didn't particularly like Ma Jinglong anyway.
It's good to divide it, so find another one in the future.
It was at this moment.
"Dongdongdongdongdongdong!"
A knock on the door sounded.
Chen Yutong threw her cell phone on the sofa, pulled her slippers and went to open the door.
"Is it Miss Chen Yutong?"
"Um."
Looking at the stranger at the door, Chen Yutong nodded.
"Hello, I am the judicial police of Binjiang District Court. Here is your subpoena, please check it, and then sign the delivery certificate."
The bailiff said, handing over a dark gray document bag and delivery certificate.
"What? Subpoena? I only received a subpoena yesterday, and the case is over. Have you sent a break?"
Chen Yutong looked confused and did not stretch out her hand.
She just received a summons for a civil lawsuit yesterday, but the mediation of that case is over.
Why is there another summons?
The bailiff said lightly: "We will not send the wrong ones. You can see the description of the subpoena and copy of the complaint. I am only responsible for the delivery, and the others are not clear."
"No, what's your attitude?"
Chen Yutong was a little annoyed and got angry on the spot. She stared at the magistrate and said, "Apologize to me immediately, otherwise I won't sign it, and I will not be able to explain when you go back!"
The bailiff smiled: "Even if you don't sign it, it can be regarded as a service. You must come to court on time to participate in the lawsuit."
After saying that, he stuffed the thing into Chen Yutong's hand, took a photo and turned around and left.
As for sending subpoena, if you often encounter strange things that refuse to sign for.
But it doesn't matter. There is a way to deliver this situation, called "intention delivery".
In other words, it doesn’t matter if you refuse to accept it. As long as the delivery person puts the subpoena in your home, takes photos or videos to record the delivery process, it will be regarded as a delivery and has legal effect.
"Hey, stop! What do you mean, I..."
Chen Yutong shouted a few words at the door, but when the bailiff ignored him, she had already taken the elevator downstairs, and she had no choice but to take the things back to the house.
He threw all the materials into the trash can in anger and sat on the sofa and angrily.
But after a few minutes, Chen Yutong finally picked up the materials from the trash can and opened them to check.
"Slander?"
After seeing the case, Chen Yutong's face suddenly became gloomy.
How could that man be so embarrassed?
He obviously beat the count to death and asked himself to pay the money, but now he still has to sue himself for slander!
Why!
Chen Yutong was almost angry and fell a few cups before he calmed down a little.
After calming down, she sat on the sofa angrily and opened her mobile browser
Search online.
"Can you not appear in court if you are sued for defamation?"
"How many years are the sentence for defamation?"
"What kind of act is slander?"
"…"
After some inquiry, Chen Yutong was a little panicked.
If the crime of defamation is established, it will be sentenced to fixed-term imprisonment of less than three years.
She doesn't want to go to jail.
I quickly searched online which lawyer in Longcheng is the best.
The search results ranked first is Luo Fei from the elite law firm.
But he was the other party's lawyer, so Chen Yutong could only settle for the second one and looked at the search results.
"Quanjing Law Firm, Zhang Wei?"
"He actually helped thousands of people to reduce their sentences successfully, and once served as defense lawyer for Luo Fei, successfully helping him escape from his crime!"
"It's you who decides."
Chen Yutong immediately went out to find Zhang Wei at Quanjing Law Firm.
As a result, as soon as I left the community gate and was about to take a taxi, I heard someone calling his name.
She looked back and saw that it was a young woman in her twenties. She looked familiar, but she couldn't remember where she had seen her.
"What are you doing? Do I know you?"
The tone is a bit harsh.
However, the other party was not angry, but instead smiled and stretched out his right hand to Chen Yutong: "Hello, let me know you formally. My name is Zhao Bei."
"So it's you!"
Chen Yutong's face suddenly sank.
For her, Jiang Bai was the direct murderer of the Count, and Zhao Bei was the indirect murderer.
Chen Yutong naturally had no good expression on her.
I just don't know what this woman is looking for her.
Zhao Bei smiled and said, "Don't be nervous, I'm here to help you."
"What does it mean?" Chen Yutong frowned and became more and more confused.
"You are going to find a lawyer, right? We said on the way."
...
After half an hour.
Quanjing Law Firm, Zhang Wei’s office.
"Miss Chen, I have roughly understood your affairs. Your behavior does constitute a crime of defamation. All I can do is to help you get a commutation of sentence."
Zhang Wei said to Chen Yutong who came to consult.
"Can't you be innocent?" Chen Yutong was a little unhappy.
"Ms. Chen, it is impossible for you to defend your innocence in this situation. You can only defend your sentence reduction." Zhang Wei said seriously.
At this time, Zhao Bei, who accompanied Chen Yutong, spoke, "Lawyer Zhang, I heard that if the other party withdraws the lawsuit, it will be fine, right?"
"In theory, that's the case."
Zhang Wei glanced at her and looked a little surprised. After all, there were not many parties involved in the criminal prosecution.
"But, the plaintiff in this case is Jiang Bai. I know him very well. He almost never mediates with the defendant, let alone the incident is so big this time..."
"We can try to mediate with the other party, but IMHO, there is not much hope of reaching mediation."
Hearing this, Chen Yutong and Zhao Bei looked at each other.
It seems to be exchanging some opinions.
Then the latter looked at Zhang Wei and said, "Lawyer Zhang, can we file a counterclaim in this case?"
Um?
Zhang Wei was stunned.
Why do the parties involved know everything this time?
Not only do I know about criminal private prosecution, but I also know about counterclaims!
Counterclaim refers to the act of the defendant filing an independent lawsuit against an act related to the original lawsuit in the lawsuit that has been filed.
This is an important litigation right of the defendant, and it is a special means used by the defendant to protect his legitimate rights and interests.
Of course, there are certain conditions for filing a counterclaim, and it does not mean that you can counterclaim at will.
Specifically in a criminal case, the defendant has the following four conditions for counter-prosecution:
1. The defendant who counterclaims must be the private prosecutor in this case;
2. The content of the counterclaim must be an act related to this case;
3. The case of counterclaim must be a minor criminal case that is told to handle and the victim has evidence;
4. Counterclaim shall be filed at the latest before the judgment of the private prosecution case is declared.
Zhang Wei introduced the conditions for counterclaims to the two, and then said in a deep voice: "Two, you just said the counterclaim. Let me tell me what the situation is."
"We want to counter-claim that guy is acting like a hooligan in the street!"
Zhao Bei gritted her teeth, with a sad and angry expression on her face, as if she remembered something unbearable to look back on.
Then take a deep breath and start the story.
"I went out for a walk that day. Maybe because of my figure and beautiful appearance, I was targeted by that man. Not only did he tease me in words, but he also touched me. I was frightened!"
"At this moment, a big dog rushed out and rushed towards the man."
"The dog saved me, but was beaten to death by an angry gangster."
"That dog is Chen Yutong's Earl."
After hearing this, Zhang Wei's expression became very strange.
After a lot of things, his relationship with Jiang Bai is no longer an opponent, but a friend.
Based on Zhang Wei's understanding of Jiang Bai, the latter will definitely not do anything to molest in the street.
"Miss Zhao, are you saying true?"
Zhang Wei stared at Zhao Bei and asked.
Then he emphasized: "This kind of thing is not a joke, you must be realistic."
Zhao Bei said, "I didn't say anything. That man is really a hooligan. He touched me!"
Seeing that Zhang Wei still had a disbelief expression, Chen Yutong frowned and shouted loudly: "Lawyer Zhang, what do you mean? Will girls use their innocent reputation to wrong others?"
Zhang Wei stopped talking.
Zhao Bei took a deep breath and said, "Lawyer Zhang, I didn't plan to tell this matter, but I heard that the hooligan actually sued Sister Yutong..."
"I know I can't be silent, I want to tell everyone his true face!"
"And I also have to use counterclaims as a bargaining chip to force him to withdraw the lawsuit!"
"The Count was beaten to death by a hooligan to save me. I can't let Sister Yutong be hurt by a hooligan again!"
Only after hearing this did Zhang Wei understand.
It turns out that their abacus is like this.
"That... Miss Zhao, do you have any evidence?" Zhang Wei asked.
Zhao Bei shook her head and said, "The police said the surveillance on that section of the road was broken, so there was no evidence."
No evidence...
hiss!
Could these two women join forces to falsely accuse them?
Zhang Wei looked at the two of them.
The more I look at it, the more I feel something is wrong with them.
"Lawyer Zhang, just ask if you can file a counterclaim!" Chen Yutong urged.
"Yes, yes, but I suggest you don't do this, as it will easily cause trouble."
Zhang Wei advised him.
Unfortunately, Chen Yutong refused to listen at all and insisted on counter-claiming and threatened Jiang Bai to withdraw the lawsuit.
She was desperate, but Zhao Bei brought her hope.
Zhao Bei has a close friend who works in the court. When she heard that Jiang Bai sued Chen Yutong, she told her about this.
Although Zhao Bei had not systematically studied law, after all, there was a friend who worked in the court who knew something, so he quickly had the idea of counterclaiming and forcing the other party to withdraw the lawsuit.
She found Chen Yutong and expressed her intention and asked for a reward of 30,000 yuan.
Chen Yutong can still tell which is more important than 30,000 yuan or three years.
The two hit it off.
"Two, if you insist on counterclaiming, I will not accept this case."
Although Zhang Wei had no evidence, he knew in his heart that 99.99% of the so-called hooliganism were fabricated by Zhao Bei.
If this is
If you really go to counterclaim, you will definitely be accused of frame-up.
Not only are they in danger themselves, but even Zhang Wei may be dragged into the water.
He doesn't do such stupid things.
"You don't make money, what's wrong with it?"
Zhao Bei rolled his eyes and stared at Zhang Wei and warned: "But you can't tell Jiang Bai what we said, otherwise don't blame me for going to the Lawyers Association to complain about you!"
"Don't worry, I will not disclose my privacy to anyone." Zhang Wei said lightly.
"That's fine, Sister Yutong, let's go. If this lawyer doesn't work, let's change one!"
Zhao Bei pulled Chen Yutong and walked out.
"etc."
Zhang Wei shouted and said, "Please pay the consultation fee. In addition, I still want to advise you, don't, play, fire."
"It's so much nonsense!"
Chen Yutong obviously did not take Zhang Wei's advice to heart, so she paid the consultation fee and left.
As soon as he came out of Zhang Wei's office, a woman in a suit came over and said with a smile:
"Hello, two, I am Liu Jia, senior partner of Quanjing Law Firm. It seems that you have not had a happy chat with Lawyer Zhang. Are you interested in going to my office to chat?"
"Okay." Chen Yutong and Zhao Bei looked at each other and nodded.
"plz follow me."
Liu Jia also looked at Zhang Wei like a demonstration, and then took the two girls to his office.
"hehe……"
Zhang Wei smiled coldly.
It’s hard to persuade the damn ghost.
Anyway, what should be said has been said, and as for whether these two people will listen, he can't control it.
As for Liu Jia...
This girl and Zhang Wei are not in the first place, so you can do whatever you want.