The new evidence may increase the criminal penalty for the other party.
Now this new evidence does show that this is the case.
But there is a question, what is the nature of this?
"It's simple. I told you before what are the serious circumstances, repeat offenders, multiple punishments for multiple crimes and many more, right?" Lawyer Fang raised his head and said.
"But this shouldn't be a combined punishment for multiple crimes. A combined punishment for multiple crimes should include multiple charges, but she only has one."
"But if you say she is a repeat offender, it doesn't seem possible because she has never received any criminal punishment..." Zhou Yi said hesitantly.
This is the disadvantage of not having received systematic legal education. What he knew on a daily basis was what Mr. Fang told him during casual conversations.
Fang Dazhuang laughed: "Why not treat it as a combination of crimes? Look at her previous behavior, it's not just defamation!"
"Look here, using all sorts of methods to insult others is a crime of insult. And here, knowing it's false information, yet spreading it online in all sorts of ways, stirring up trouble and causing serious disruption to public order online!"
"Then he should be convicted and punished for the crime of provoking disturbances in accordance with Article 293, Paragraph 1, Item 4 of the Criminal Law."
"I won't go into the other details. With so many charges, why can't he be punished for all crimes?"
Zhou Yi was stunned.
Defamation and insult seem to be inseparable, but in fact they are two crimes, and there is a difference between them.
Of course, he had never thought of the crime of provoking trouble...
"Also, let's change our thinking. Under what circumstances will our private prosecutions for crimes such as defamation and insults become public prosecutions?" Lawyer Fang continued.
"I asked you to read the judicial interpretation, but you didn't. Among the situations it stipulates, one is defaming multiple people and causing adverse social impact."
"Now that we have sufficient evidence, do you think she slandered multiple people and caused a negative social impact?"
"After all, there was one person who was almost driven to suicide by online bullying!"
"This falls under the provisions of Article 246, Paragraph 2 of the Criminal Law, which states: 'Situations that seriously endanger social order and national interests require the transfer of private prosecution to public prosecution!'"
Zhou Yi shut his mouth. He was still confused. Mr. Fang had already given him various solutions.
But no matter which path she takes, Xiang Yuyu will never be able to get out again, let alone be given a suspended sentence.
And there is a high probability that the sentence will be more severe than the previous one...
Mr. Fang is still the same Mr. Fang.
After a while, Mr. Fang had prepared all the evidence.
Zhou Yi took Wang Zhengnan and five others and went straight to the police station.
As long as it is a public prosecution case, you can report it.
This time, Attorney Fang chose to take a two-pronged approach, reporting the case and submitting new evidence to the court at the same time.
As for Zhou Yi’s previous idea of having these people file a private criminal prosecution?
That’s a bit too unpleasant, and we still need mediation. What’s the point? It would be much better to just go through the process of public prosecution. It’s more straightforward!
Public prosecution is always more direct than private prosecution, remember this!
Anyway, the procedures of the public security, procuratorial and judicial organs are interconnected, so let them handle it themselves when the time comes.
The most likely scenario is that they will accept the report first, then postpone the retrial until the procedures there are completed, and then merge the trials.
For personal criminal acts, no matter how many charges you have or how much you gamble, they will all be tried together.
When calling the police, of course you should choose the Zhonglou Police Station that you are familiar with.
Lao Zhou's hair has fallen out and now looks a bit like a Mediterranean.
I just finished handling a theft case today, and I saw a handsome guy leading the way, followed by five timid men rushing in.
Old Zhou was so scared that he almost wanted to call for help.
Fortunately, looking at the bag on that handsome guy, it wasn’t very big, so that’s okay.
"Hello, Uncle Zhou!" Zhou Yi greeted him from a distance.
Wang Zhengnan and others who followed behind were confused. Where is this place? This is the police station!
Isn't it a bit too arrogant for Mr. Zhou to come in like this...
However, when they heard him call Uncle Zhou, they looked at each other and seemed to understand something.
Lao Zhou said helplessly, "Here we go again, huh? This time it's a problem. Let me tell you, we've been working too much overtime lately."
After a pause, he added, "Fortunately, your bag isn't that big."
Zhou Yi chuckled: "Uncle Zhou, I'm not alone this time, there are a few of them too."
After saying that, he turned around and gestured to Wang Zhengnan and the others, who then came forward one after another, took out their ID cards and other documents, and placed the evidence collected by Attorney Fang on the table one by one.
One bag might not seem like a lot, but with six bags sitting there, it starts to feel a bit scary.
Old Zhou's heart was beating fast: "What's wrong? Aren't you filing a criminal complaint?"
"Well, there were some accidents. They were all slandered and insulted by Xiang Yuyu in the previous cyberbullying."
Zhou Yi pushed the bags aside and said, "Here are all the evidences. Uncle Zhou, please take a look."
Lao Zhou was numb, really numb.
He had never encountered such a weird operation before, but after reviewing the evidence and talking with other police officers, he found that... there seemed to be no problem with the procedure!
Did the other party slander or insult them? Yes, and it is suspected of being a crime!
But since no one complained and no one took any action, it seemed like nothing was wrong.
It's like "Schrödinger's crime". If you don't sue, you're not guilty. But if you sue... it depends on the circumstances.
Moreover, according to judicial interpretations, this really needs to be transferred to public prosecution, even though the earliest case was two years ago.
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