Point Guard Here
He has not been detained yet, so for the time being he is unlikely to be sentenced to a term longer than fixed-term imprisonment.
Zhuang Qiang responded, but Xiang Yuyu beside him remained silent.
Zhang Wei had seen it clearly before. This man was still somewhat reasonable, while Xiang Yuyu was purely self-centered and believed that everyone should coax her.
This is because he has received too much preferential treatment because of his appearance since he was a child, which has led to problems with his overall mentality.
Zhang Wei didn't know what to say, so at this moment, Xiang Yuyu suddenly said, "Lawyer Zhang, I saw online that this criminal private prosecution seems to allow for a counterclaim."
"Can we file a counterclaim and make the other party feel threatened? Then, can we get them to accept our mediation?"
What the hell? A counterclaim?
Even though most of Lawyer Zhang Wei's previous clients have gone to jail, he has never thought of filing a counterclaim in this case.
Counterclaim is an important manifestation of the principle of equal legal status of the parties!
Everyone talks about the plaintiff, as if the defendant is the weaker party. This is not true. In terms of legal status, the plaintiff and the defendant should be the same.
On the one hand, this is to protect the legitimate rights of defendants in our civil and criminal proceedings, and on the other hand, it is to save judicial resources.
Just like a civil case attached to a criminal case, if you file a counterclaim and the conditions are met, the cases can be tried together.
For example, in the previous example of Zhang San and Li Si borrowing money for shopping, Li Si cannot directly ask the judge to deal with it directly during the trial.
In time he would have been able to do so after filing his counterclaim, which would have offset each other.
However, there are many requirements for a counterclaim, and we will not mention the object of the counterclaim and the relevance of the case.
Procedurally, for example, if the case in which the other party sues you is subject to simplified procedures, and the case in which you sue the other party is subject to ordinary procedures, this will not work either.
If the other party sues you under the ordinary procedure and you counter-sue under the simplified procedure, there is no problem, as the two are in an inclusive relationship.
Similarly, a counterclaim can be filed in a criminal private prosecution!
At that time, both parties will be both private prosecutors and defendants, and will enjoy equal litigation rights.
In a sense, it is indeed a protection for the parties involved.
In this case, it would be easier to mediate and withdraw the lawsuit, unless you really want to fight to the death.
But one thing to note is that the disappearance of one party between the original lawsuit and the counterclaim will not necessarily lead to the disappearance of the other party.
For example, Zhang San filed a criminal private prosecution against Li Si, and then Li Si filed a counterclaim. For various reasons, Zhang San accepted mediation and withdrew the lawsuit.
Just because Zhang San doesn't sue does not mean that Li Si's counterclaim will disappear. If Li Si insists, Zhang San will still go to jail.
Zhang Wei is a lawyer, and a lawyer's obligation is to try to inform the client of his rights when he seeks consultation.
Then the pros and cons are provided for the parties to choose from. Lawyers should keep in mind during their work that they are just tools.
However, no matter how much conscience he has, he can't just say something about something he can't do.
If you say you can't do it, you will be blamed for everything.
"Ms. Xiang, this...this counterclaim is not easy to handle." Zhang Wei said hesitantly.
"No way. I looked it up on Baidu and it says that counterclaiming is pretty easy. If you can file it, the other party will be scared."
Zhang Wei felt a slight headache, like a professional doctor examining a patient, only to have the patient suddenly ask, "I looked up this disease online."
After taking a deep breath, Zhang Wei continued, "Ms. Xiang, Mr. Zhuang, I can tell you that this counterclaim has basically no chance of being filed."
"Because the other party didn't do anything, you can't just sue for no reason, you have to have a reason!"
"Remember this, don't mention these things when the time comes. The other party really won't be scared."
He knew exactly how Wang Daoren got into the training class.
After much persuasion, they finally seemed to have given up their idea.
However, this also made Zhuang Qiang trust Zhang Wei even more. We have Lawyer Zhang on our side, so we will definitely be safe this time!
At the same time, online, Zhou's audience kept asking when Zhang Qi would apologize.
It's very simple. Everyone thinks that since you were wrong to curse, you should apologize, right?
Although you are a celebrity and you are scolding an internet celebrity, with the number of fans you have, if you personally scold someone, you are already causing cyber violence to that person.
Despite various clarifications from relevant departments, you should also stand up and explain clearly and apologize. This is necessary.
Why did he delete the Weibo post and not say anything else after that?
Those who have been watching Zhou's videos until now are basically stubborn.
If you make a mistake, you have to admit it. What's wrong with that?
However, what they waited for was not an apology, but three consecutive Weibo posts.
"I'm very curious, under what circumstances did you come to the conclusion that I had committed a crime?"
"If I have committed a crime, please call the police and I should go to jail. But why do you say that to me before I've done anything?"
"As a public figure, don't I even have the right to speak?"
It really seemed like righteous indignation, and it was quickly heated up by her fans.
"Sister, you're absolutely right. If you have the guts, go and pursue legal action. You're accusing me of a crime out of nothing. You're committing a crime, right?"
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