0032 Multiple Punishments

In civil and commercial litigation, the plaintiff and defendant are equal in status, and each relies on their own ability to investigate and collect evidence. The burden of proof is paramount; it determines whether a case is won or lost. In other words, in court, both sides are fighting over their evidence. The side whose evidence is more convincing to the judge will win the case.

Criminal cases are different. The process of a criminal case is entirely led by the public security bureau and the procuratorate. The defense lawyer is in a very passive position, and the evidence they can obtain is all that the public security bureau has already investigated. Therefore, in terms of evidence and facts, the prosecution and the defense basically share information and speak frankly.

The only way for the defense attorney to obtain this evidence is by reviewing the case file.

There are many ways to review case files, some of which are quite cumbersome. For example, when reviewing case files at the court, you need to bring a phone with enough memory and a quick-handed colleague, stand there, and take pictures of the case files page by page.

For simple cases, the photos can usually be taken in a few tens of minutes. But if it's a case involving multiple people committing the crime together, or a large number of victims, it can take half a day to take pictures. Qu Zhong previously handled a legal aid case involving the crime of illegally absorbing public deposits. The victim's interrogation records alone were over a hundred pages long, and she took thousands of photos, which exhausted her.

Compared to the courts, the prosecutor's office's process for reviewing case files is more humane. They directly burn the case materials onto a CD, set a password, and hand it to the lawyer. It's all electronic, convenient, fast, and in line with environmental principles.

Qu Zhong has always hoped that one day the courts could also implement this method, so that their defense lawyers could save a lot of trouble.

In Duan Ningqi's case, Qu Zhong's next step is to go to the procuratorate to review the case file.

She was just about to submit a request to review the case file on the litigation service website when the prosecutor handling the case contacted her.

They haven't contacted each other by landline for a long time, and now they just send WeChat messages: "When are you coming to pick up the CD? I'll have my case management colleague record it for you in advance."

Oh... this person has arranged everything for her. Qu Zhong is at a loss. Thinking that she might actually have to recusal, she politely declined: "No need to trouble yourself. I'll apply myself and schedule a time with the case manager. It's better to follow the proper procedures."

Zhai countered with, "Don't you find it troublesome?"

It's troublesome, troublesome and passive, but Qu Zhong still insisted: "It's okay, everyone does it this way."

We can't use connections or give her special treatment just because she finds it troublesome.

But Zhai replied, "It's the end of the year, it's hard to make an appointment."

That was true; it was the end of the year, and the courts and procuratorates were in a frenzy. Qu Zhong's colleagues were calling the court hundreds of times a day, but they couldn't reach anyone. Especially the enforcement judges, who had dozens of cases waiting to be closed, were probably fed up with the pressure and simply unplugged the phone and gave up.

Sensing that Qu Zhong was wavering, Zhai pressed on, acting like a persuasive instigator, encouraging and urging her while thoughtfully devising a way for her to avoid liability: "Just this once, and don't let it happen again."

Since he had already put it that way, Qu Zhong wasn't ungrateful: "Alright, when are you free?"

He replied, "I'm fine with anything, it's up to you."

Look at her...

Jurisdiction clauses.

The word "him" immediately reminded Qu Zhong of the jurisdiction clause in the contract. It states that if disputes arise between the contracting parties and cannot be resolved through friendly negotiation, the matter shall be submitted to the court for resolution through litigation. The specific court to which the dispute is submitted can be agreed upon by both parties.

On this issue, Party A has always had the absolute priority in making the choice.

Zhai, on the other hand, acted like a submissive party, handing over the choice of when to grade papers to Qu Zhong and willingly accepting her jurisdiction.

"...Prosecutor Zhai, wake up! You're the prosecutor, okay?"

Qu Zhong had intended to reply with that, but after thinking about it, she didn't send it. She knew perfectly well why he was acting this way; it wouldn't be right to take advantage and then act innocent, so she changed her mind: "Would nine o'clock tomorrow morning be convenient?"

She wanted to go directly from home to the C District Procuratorate, pick up the CD, and then go to the law firm, saving herself an extra trip.

Zhai replied, "Okay, see you there."

...

The next morning, Qu Zhong took the subway to the C District Procuratorate at the perfect time.

She was wearing a khaki coat today, and she regretted not wearing it. Because when she got off the subway and walked to Changsheng Road, she saw Zhai Shi standing not far away, waiting for her on the curb outside the procuratorate. He was also wearing a gray-brown coat of a similar color.

...What the heck? Where did this tacit understanding come from, wearing matching outfits?

Qu Zhong swallowed hard, her face flushing slightly, and forced herself to walk over.

Zhai Shi's gaze followed her footsteps from afar to near, never looking elsewhere. When Qu Zhong stopped in front of him, he exhaled softly, his breath turning into a distinct white light that slowly rose in the cold air: "Good morning."

Unable to check the time on her phone and unsure how long he had been waiting for her, Qu Zhong said somewhat apologetically, "I'm late."

He shook his head: "No, I just arrived early."

Qu Zhong didn't know how to reply, and lowered her eyes awkwardly, noticing that he not only had the CD she wanted, but also a cup of coffee in his hand.

The bright red packaging immediately made Qu Zhong realize that it was bought from the coffee shop on the seventh floor. She hadn't been able to buy it that day because she didn't have an internal card from the procuratorate, and she still felt resentful about it.

"Here you go." Zhai held out his hand to her. On top was coffee, and below was a CD, the CD resembling the base of a coffee cup.

Qu Zhong feigned ignorance: "Which one?"

Zhai smiled and said, "Two."

It was rush hour, and yellow shared bicycles could be seen whizzing by on Changsheng Road from time to time, along with a few scattered pedestrians.

The two of them just stood there by the roadside, looking so silly, especially Zhai, who kept grinning like an idiot.

Qu Zhong stopped looking at him and reached out to take the things from his hands. She took the coffee without any problem, but she couldn't pull out the CD.

The other person's fingertips were exerting force, as if playing a prank, or as if guarding their food; in any case, they didn't want to let her get it so easily.

Qu Zhong couldn't help but look up and find that Zhai Shi was staring at her intently.

His eyes were dark and bright, like the clear blue sky after a heavy rain, right before my eyes.

Before Qu Zhong could react, the finger that had been teasing her from the other end of the CD suddenly appeared and pinched the back of her hand.

In the brief moment when their skin touched, the sensation of heat transfer was so tangible, and without any obstruction, Zhai gently stroked her smooth and delicate hand twice.

Caught off guard, Qu Zhong's breath caught in her throat for a moment. After recovering, she subconsciously looked around and saw that not far behind Zhai Shi, their procuratorate's security guards were pacing back and forth, looking around.

She quickly pulled the CD in the opposite direction, freeing herself from his hand, her face flushed with embarrassment and exasperation: "What are you doing? Are you afraid others won't see it?"

Zhai didn't say anything, just looked at her and smiled, his expression seeming a little... unsatisfied...

Qu Zhong looked at him with an enlightened expression, as if she had seen through his tricks: "Okay, I see that's what you wanted, that's why you made me come to you directly to get the CD."

Having his thoughts read, Zhai didn't intend to deny it. He did ask her to pick up the CD, but not entirely, because he also wanted to see her.

It is very similar to the subjective element in a crime of intent, where the additional malicious intent has no corresponding objective aspect and no tangible carrier, yet its existence cannot be ignored.

Zhai is like a male high school student who writes a self-criticism like a love letter. He is criticized by name but does not repent and even smiles slyly.

Qu Zhong was at a loss with him and could only glare at him and warn, "Are you asking for a beating?"

He even looked aggrieved: "What's wrong, Attorney Qu? What crime have I committed?"

"You..." Qu Zhong quickly searched her mind for the appropriate clause and soon found it: "You neglected your duties and committed indecent assault!"

Abusing his power for personal gain and behaving frivolously, he hardly resembles a prosecutor.

“Oh,” Zhai raised an eyebrow slightly, readily admitting to her accusation, “then I’m an accomplice.”

Negligence of duty is for the purpose of immorality, and the means and the ends are intertwined.

Qu Zhong didn't want to understand immediately, but since they both studied criminal law, it was hard for them not to understand since they used the same code.

There was no way to reason with or refute it. Zhai Shi's words were not yet finished: "Unfortunately, the law stipulates that related offenses are treated as a single crime."

He is acting as his own judge, clearly and unequivocally determining the nature of his actions.

"Of course, you can punish me for multiple offenses if you want." His gaze made Qu Zhong's face burn, and his deliberately lowered voice also made it hot. "At night, you can punish me however you want."

These few serious words made Qu Zhong's ears turn bright red instantly.

Damn it, how could he so naturally use criminal law provisions to flirt with her?

...I never realized this person was so secretly passionate.

Qu Zhong could no longer look him in the eye. Her eyes darted around, like a cloud drifting aimlessly in the wind, desperately needing a place to land.

Her face flushed red as she retorted, "Have you no shame, Zhai?"

After saying that, she turned around and walked back in a flash. As she walked, she wished she hadn't been holding an iced coffee; her face was so hot that she couldn't even drink a hot beverage.