Zhou Yi naturally knew about the trial supervision procedure, which we often call the procuratorate's appeal.
The principle of no additional sentence upon appeal was also mentioned by Attorney Fang.
It's very simple. According to Article 237 of the Criminal Procedure Law, the defendant's sentence shall not be increased in cases where close relatives, legal representatives, defense counsel, etc. appeal.
The first-instance judgment said that this person was sentenced to detention, so after you appeal, you cannot sentence him to 20 years in prison.
So, what should we do if new evidence is discovered during the trial in the second instance court, and this new evidence is sufficient to affect the verdict? It’s simple, just send it back for retrial!
But it is different for the procuratorate. No matter before or after the judgment comes into effect, it can appeal against the judgment!
It should be noted here that the procuratorate’s appeal is not limited to helping you reduce your sentence.
Many people have watched too many TV dramas or novels where the defendant appeals every year, and then the procuratorate finally appeals, and then the court retrials and acquits the defendant.
Then I felt that the prosecutor's appeal must be a good thing for the defendant.
Of course, the facts are different. The procuratorate's appeal is never divided into good and bad. As long as it is found that the judgment contains several situations stipulated in the Criminal Procedure Law, an appeal will be made.
However, if new evidence of the defendant's crime is discovered and the case is sent back for retrial, the situation will be different. The principle of no increase in sentence on appeal does not apply to the procuratorate's appeal.
Zhou Yi knew both of these things, but he had never thought about it from this perspective.
Now after hearing what Mr. Fang said, I immediately became interested.
"Mr. Fang, what you mean is... the success of this appeal may not necessarily be a bad thing for us?" Zhou Yi asked curiously.
Fang Dazhuang laughed and said, "You can't really say that. I asked Xinran to investigate the other party's evidence before, and it turned out that this Miss Xiang had done quite a lot."
As I said, basically everything you do online will leave traces.
Not to mention that Xiang Yuyu didn't care about these things in the past. If she cursed someone online, then she cursed him. If she fabricated facts to slander someone, then she slandered him.
Anyway, everyone is on the Internet, who knows who is hiding behind it.
After she was prosecuted, she simply deleted the posts in which she had cursed Zhou Yi, but everything she had said before was still there.
Zhou Xinran took the court's investigation order and went to various major companies to conduct investigations.
The attitude of these companies towards Zhou Yi's investigation is no longer the same as before. They basically cooperate fully.
Fairy Tree Romance
As long as Zhou Yi produces an investigation warrant, we can conduct the investigation in any way we want.
After a while, Mr. Fang discovered that if he really looked into it, Miss Xiang Yuyu had done a lot of evil!
Not to mention the distant past, two years ago, an incident broke out on the Internet. A father was walking out with his child in front of a store.
Then, a stray dog came up and barked at the child, even attacking him, which scared the child and made him cry.
The father naturally couldn't stand it, so he took a wooden stick and started beating the dog.
The dog ran away, so the man chased the dog in his car and ended up hitting the dog's mouth crooked.
Anyway, when I watched the video, I felt that the dog seemed very pitiful.
If that were the case, it would be fine, but the incident was filmed and posted online.
First, it was forwarded on WeChat Moments, and people started to criticize the father directly, saying that he assaulted a stray dog in front of his child just because the dog barked at the child a few times.
With such cruel acts, how can the next generation learn to be a “human being”?
These words are actually nothing. After all, even many normal people would find the video a bit cruel when watching it.
Because people have compassion for the weak.
However, what happened next was a bit unexpected. The father's identity was directly exposed, and then there was overwhelming online violence.
Dog lovers from all walks of life attacked the father crazily, as if he had done something against the law of nature.
Many people asked him to give an explanation. What explanation? An apology is definitely not the answer. You beat the dog like that. Will an apology be useful?
And the reason is very simple. The dog didn't bite your child, so why can you beat the dog so cruelly?
Very straightforward logic, looks very familiar.
It's similar to self-defense. You have to wait for the dog to bite you before you can fight back, and you can't be too cruel...
In short, the cyberbullying happened and the matter was finally settled with the child’s father paying compensation. Who did the compensation go to? It was divided among local dog lovers.
As for whether the stray dog got anything, no one knows.
And in that incident, Xiang Yuyu was the main force charging forward!
In her hidden updates, there were one crazy attack after another, and the vicious language was even hard to imagine.
It was as if the other party had beaten a stray dog, as if they had beaten her relative, or even more excessive than beating her relative.
This is just one of the serious incidents. There are at least five similar incidents that meet criminal standards!
Every time something like this happened, Xiang Yuyu would launch a crazy attack.
In her parents' eyes, she is always the little darling, but online, she is just the dog lover hiding behind the keyboard.
However, these cases are all criminal private prosecution cases, and no one will prosecute them unless they are filed. In such circumstances, basically no one would think of filing a criminal private prosecution.
It can even be said that things like slander and insults are becoming prevalent only because of a certain handsome guy.
Let everyone know that if we are slandered or insulted online, we can completely resolve the problem through legal means.
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