This was the first time that Huo Pengfei was seen in court being completely unable to fight back by the other party.
Finally, Judge Zhang couldn't bear it any longer and said, "Well, this court debate is over. Now let's begin the final statement. Does the defendant have anything else to add?"
"Please ask the judge to dismiss the other party's lawsuit." "What about the plaintiff?"
Wu Qiuling looked at Huo Pengfei and said, "Please, judge, support our lawsuit." Finally, it was over. Huo Pengfei sat down, not even daring to look at Wu Qiuling. He had a premonition that he was going to lose this time.
Judge Zhang adjourned the courtroom, and Tan Shaohong sat down and began to pack his things slowly and leisurely. As he did so, he said to Lu Yunling beside him, "See, I told you this case isn't a big deal. It's nothing to worry about."
"Your wife even called me before the event and told me to win. I told you, these lawyers in this small town don't know anything. They just followed the trend and took on a few cases, and in the end, they don't even know their own names."
"There will be ancillary civil lawsuits later. It depends on the circumstances. Anyway, you should pay the compensation you deserve."
The voice was a little loud, Huo Pengfei heard it, he raised his head to refute, but quickly lowered his head.
To be fair, Huo Pengfei thought he should be able to think of this point.
But I don't know why, I thought I would definitely win with the video, and other evidence, such as comparing the patterns on the soles of the shoes and the patterns on the clothes, etc., were too troublesome so I didn't collect them. But now...
Mr. Fang sat there without saying a word, with a very unhappy look on his face.
Twenty minutes later, Judge Zhang returned and continued to hear the accompanying civil lawsuit.
It should be noted here that when the criminal aspect of a criminal case with civil implications is found not guilty, the civil aspect does not necessarily need to be prosecuted separately. This is not necessary.
According to Article 101 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China," if a people's court determines that the defendant's behavior in a public prosecution case does not constitute a crime, and if no agreement can be reached through mediation in the ancillary civil lawsuit that has been filed, a criminal and civil judgment shall be made at the same time.
In practice, in order to prevent the criminal court from delaying the case, it is generally required to hold trials together, that is, the criminal case is tried first and the civil case is tried later.
This is not surprising. Even if Huo Pengfei's logic is not so clear, he still has to pay compensation.
Because the other party's intentional injury behavior is indeed very clear, according to the rule of high probability, it can be directly presumed.
Some people may say, aren’t you contradicting yourself?
A judge said that there was insufficient evidence to determine whether a crime had occurred, and then said that the other party had to pay compensation.
But this is the reality of criminal and civil cases. Not to mention outsiders, even the judges themselves feel like they are schizophrenic.
No matter how much Tan Shaohong said, it was useless. After the trial, Judge Zhang made a ruling in court.
Decision!
In the criminal case, the facts of the private prosecution were unclear and the evidence was insufficient, so the court ruled to dismiss the appeal. In the civil case, the court ordered compensation of more than 43,000 yuan for related expenses.
After hearing the words "the private prosecutor's lawsuit request is rejected" in the verdict, Lu Yunling jumped up excitedly.
Anyone who encounters such a thing would feel like they have been unlucky for eight lifetimes. Now that everything is finally alright, we have to celebrate.
Niu Xiufei, who was in the audience, even stood up and shouted, "I knew it! How could this be a crime?"
Judge Zhang banged his gavel in dissatisfaction, finally restoring order in the courtroom. The next step was to go through the formalities and receive the verdict.
Zhou Yi and the other two stood up and walked in front of Huo Pengfei. Old Huo's face was now red and his eyes were a little wandering.
Attorney Fang bluntly said, "You call this a court debate? You call this a lawsuit? Even a dog could do better than you. Do you really think you can always win just by filming a video? What are you thinking?"
“Ahem…”
However, Zhou Xinran coughed subconsciously twice when she heard the words "leash the dog". She always felt as if it was directed at her.
But Mr. Fang didn't care about all this and just raged on!
If I had known you would fail this time, I might as well have taken over directly!
"Just because you've won a few cases, you look down on everyone else, right? You've prepared so little and you're going to win a private prosecution case, right? What are you thinking?"
As a result, perhaps because Fang Dazhuang kept criticizing Huo Pengfei, Niu Xiufei couldn't help it, or perhaps because Niu Xiufei really liked to show off, so he pretended not to know and said, "Hey, cousin, what you said before is so reasonable. You see, the lawyers in this small place are really not good enough."
After saying that, he looked back and quickly said, "Sorry, sorry, I didn't mean it, but you guys acted like my Lao Lu was going to jail. And now? See if you still want to do it!"
"Let me tell you, my cousin used to be a lawyer in Shanghai. He worked in one of those big law firms there. He's seen a lot of cases like this."
Tan Shaohong had already packed up and was about to leave. Upon hearing this, he walked over and said with a smile, "Xiu Fei, stop it. You're discriminating based on region. I just did a few cases in the Magic City."
"Let's go, I have things to do. I came here today just to help you two, but Jingzhou is really not that good, the level is a bit low..."
As he was talking, he suddenly stopped.
Niu Xiufei felt a little strange. He turned to look at Tan Shaohong and found that he was looking ahead with a dull expression.
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