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Chapter 369: Since a Lawsuit is inevitable, let's do it together! (Seeking Monthly Tickets)

~15 min read 2,876 words

He knew exactly what kind of case this was the moment he heard it; in all likelihood, the Procuratorate would not initiate a Public Prosecution!

Although he was still a "billion" points away from the legendary "renowned" status, Lawyer Qian was, after all, a legitimate Lawyer.

There are three types of non-prosecution by the Procuratorate: Statutory Non-Prosecution, where the People's Procuratorate shall make a decision of non-prosecution if the criminal suspect falls under one of the five circumstances—excluding the case of "crimes that are only handled upon complaint according to Criminal Law, where there is no complaint or the complaint has been withdrawn"—out of the six circumstances specified in the Criminal Procedure Law where criminal responsibility should not be pursued.

There are also many circumstances for Discretionary Non-Prosecution, such as Excessive Defense, excessive necessity, preparatory crimes, attempted crimes that did not cause harmful Serious Consequences, minor circumstances with voluntary surrender, and so on.

Then there is non-prosecution due to Insufficient Evidence, which needs no further explanation.

For a case like this with basically no Serious Consequences, it is highly likely to meet the criteria for Statutory Non-Prosecution.

But he wouldn't say that; after all, he was here to make money, and the more serious he made the situation sound, the better!

Sure enough, after hearing this, Han Dacheng and his wife began to feel lingering fear. They exchanged glances, thinking how fortunate it was that they had found this relative, and how lucky they were to be locals in Jingzhou with connections; otherwise, they would have really ended up in jail.

Therefore, they hurriedly said: "Money is not an issue. As long as everything turns out fine in the end, really, we'll pay whatever it costs."

Qian Decheng quickly said: "It won't cost that much. We are relatives, after all; I wouldn't dare to profit from you. I'm just using your money to handle your affairs, and I'm just doing the legwork, so don't worry."

With this assurance, the two felt relieved and, according to Qian Decheng's words, gave the so-called Lawyer Fee to the other party.

Then came the waiting period. Wu Qiuling was waiting, and Han Dacheng and his wife were also waiting. Because the case was truly too simple, the procedures moved very quickly; Bail Pending Trial had already been processed, and accordingly, it had entered the Review and Prosecution stage.

Ten days later, Wu Qiuling, who had returned to work as usual at Tengda Training, received a phone call.

"What? Non-prosecution? But... but weren't they arrested?"

The staff member on the other end explained to her that non-prosecution did not mean there was no crime, but only that the circumstances were minor and there was no need to initiate a Public Prosecution; the corresponding decision document would also be provided to her.

Hanging up the phone, Wu Qiuling felt this was very different from what Lawyer Huo had said. Wasn't it said that if things went by the book, that Han Dacheng could be sent in? How did it end up as non-prosecution?

But no matter how much she questioned it, the law is the law. Since such a situation was stipulated, questioning it was useless.

That evening, Han Dacheng and his wife invited Qian Decheng to dinner again.

"Lawyer Qian, thank you so much. If it weren't for you, this matter wouldn't have been so easy!" Han Dacheng said with a face full of joy.

When he was on Bail Pending Trial, he thought he was really going to jail, but he didn't expect it to be resolved so easily.

Qian Decheng laughed: "Small matter. Remember to tell me if you have such things in the future; I am very professional at doing these."

He actually hadn't done much; he just followed up on the case. Basically, such cases rarely lead to an actual Lawsuit.

Over there, they were drinking and feasting, having a great time. Over here, Wu Qiuling put down her phone, her hands trembling.

It was a call from Qiao Ruoyun, who told her that her husband was fine. Having almost gone to jail for nothing, she told her bluntly not to think about staying there anymore; they were coming over to reclaim the property!

If there was even the slightest thing wrong in the room when they arrived, she should just wait and see!

Wu Qiuling felt afraid. Just like the gap between theory and practice, she felt that reality was completely different from what Huo Pengfei had said. Not only were they fine, but they even came out to threaten her!

No, she had to ask the other party about this.

Nothing happened that night. Early the next morning, Wu Qiuling went to the Company early. That residence was no longer safe, and even though she was still in her probationary period, only the Company gave her a sense of home.

Today's training was conducted by the Company's legal staff member surnamed Wang. She didn't know if it was her imagination, but she always felt this Lawyer Wang looked like a jinx.

During the training break, Wu Qiuling hurried to find Huo Pengfei.

At this moment, in the Legal Department office, Zhou Yi, who had been back in Jingzhou for a while, was chatting with Huo Pengfei.

"Well done. Helping our Employee with Legal Aid even during the holidays. But having said that, that Little Koi really has a special constitution; wherever she goes, things don't go smoothly," Zhou Yi laughed.

He didn't say one thing: that this Little Koi was quite like him, just missing a cheat code.

Huo Pengfei laughed: "Eh, President Zhou, small matter. I was just idle anyway. By the way, what is Teacher Fang busy with lately? Wasn't he always doing divorce cases before?"

"Lawyer Fang?" Zhou Yi thought for a moment and said: "He's tired of divorce cases; he's been busy writing things lately."

A Lawyer like Lawyer Fang naturally wouldn't fall behind in his research on laws and cases, and he had already published many things regarding Criminal Case examples.

Although he was actually a Civil Litigation Lawyer...

The two were chatting when the office door was knocked. Huo Pengfei said casually: "Please come in!"

Soon, Wu Qiuling pushed the door open and saw Zhou Yi at a glance. She hurriedly said: "Hello, President Zhou, you are here too."

Zhou Yi nodded, looked at this Little Koi, and joked: "Looking for Lawyer Huo? Do you need me to step out?"

Huo Pengfei was instantly helpless. Wu Qiuling hurriedly said: "No, no, President Zhou. I'm looking for Lawyer Huo regarding the rental issue from before; I have already reported it to the police."

Zhou Yi, who had intended to leave, suddenly became interested and asked: "Reported it? So what's the situation? Was the other party arrested? They should be inside by now, right?"

Wu Qiuling looked at the surprised Zhou Yi and said: "No, President Zhou. The Case Filing was done, and the other party was on Bail Pending Trial, but just yesterday, they notified me that the Procuratorate had made a decision of non-prosecution."

"What? Non-prosecution? What is this situation!" Zhou Yi was immediately very puzzled.

When Huo Pengfei told him about the case before, he thought they would definitely go in.

But thinking about it, it seemed Lawyer Fang had said that in cases where the circumstances were not serious—that is, minor Criminal Cases—it was highly likely that there would be no Case Filing.

Or even if there was a Case Filing, the procuratorial organ would make a decision of non-prosecution; this was all very normal.

Huo Pengfei didn't feel particularly surprised either, but he was equally interested in the details.

Wu Qiuling finished explaining the specific situation and then asked: "Then, Lawyer Huo, what do you think I should do now? I was thinking maybe I should rent a place first; if I can't afford to offend them, I can at least hide, otherwise they said they are coming to forcibly reclaim the property tomorrow."

Huo Pengfei nodded and said: "That idea is fine. A gentleman does not stand under a dangerous wall."

"It's just that it's too late for you to find a place now. I have a property that hasn't been rented out yet. If you are interested, you can go take a look. It's not big; it's where I used to live, and I didn't sell it later."

This was probably the change in Huo Pengfei after joining Tengda; he would never have cared about these things before.

Now he felt that since he had given Wu Qiuling the idea, and she had encountered danger because of this matter, he should take care of it. This had nothing to do with anything else; it was just about following his heart.

As soon as these words came out, Wu Qiuling was a bit dazed, and Zhou Yi widened his eyes. He hadn't noticed it before, but Old Huo was actually a rich man with two properties in Jingzhou!

But thinking about his previous income, it seemed normal. In the Lawyer industry, before you make it, you are nothing; you earn little and work yourself to death.

But once you make it, making money is really not a big problem.

Wu Qiuling hesitated and said: "This... this isn't very appropriate, Lawyer Huo."

"There's nothing inappropriate about it. It's decided. You stay there first; stay until the matter is resolved. After that, if you want to rent from me, you can; if you don't want to, you can change to another place."

Everything is calculated clearly. What I should take care of, I will definitely take care of. When the matter is over, then it's time to pay the rent.

"Now I want to ask you, regarding this matter, do you still want to continue following up?"

Wu Qiuling said without hesitation, "Of course I want to, they, they really are going a bit too far."

"Exactly, they look down on people in every way, but I have no way to deal with it right now."

Huo Pengfei chuckled, "Who said you have no way? Didn't the police officer tell you? Lawsuit, a Lawsuit is your way!"

A Lawsuit? Wu Qiuling fell silent. Honestly, even things like calling the police were experiences she had never had before, let alone a Lawsuit.

In her impression, a Lawsuit was something extremely troublesome and difficult; it was expensive, exhausting, and there was no guarantee of winning.

Seeing her expression, Huo Pengfei naturally guessed her thoughts and quickly said, "You didn't listen carefully to the training lectures before. In our Company, if an Employee has a need, they can submit an application. After review by the Legal Department and the signature of Zhou Zong, the Company's Lawyer can file a Lawsuit on your behalf!"

"Likewise, the corresponding expenses are covered by the Company's Legal Aid Fund. If you win, a portion of the money goes to you, and a portion goes to the Legal Aid Fund."

"And right now, Zhou Zong is right here!"

After finishing, Huo Pengfei looked at Zhou Yi. He knew that a prankster like Zhou Yi would certainly not refuse.

Sure enough, Zhou Mouren said directly, "I have no problem with it. As long as you, Xiao Wu, submit an application, I can sign it. My consistent principle is: if they want us to endure it, that's impossible!"

Hearing this, Wu Qiuling's breathing became a bit heavy. It seemed that filing a Lawsuit wasn't impossible after all!

However, just as she thought she understood Lawyer Huo's idea, Lawyer Huo spoke again:

"Xiao Wu, look, the Procuratorate has already made the decision not to prosecute, right?"

Wu Qiuling nodded. The previous notice stated it very clearly: non-prosecution, and they would provide her with the written documents.

"So, since you're going to file a Lawsuit anyway, why not do both Criminal Case and civil together? Illegal Trespass is also a type of crime that can be brought as a Private Prosecution under the Criminal Procedure Law!"

"According to the provisions of the Criminal Procedure Law, there are several situations where, if the People's Procuratorate has not initiated a Public Prosecution, and we still feel it's not right, we can directly initiate a Criminal Private Prosecution at the Court!"

Huo Pengfei began his performance.

Unlike Defamation or Insult, which are handled only upon complaint—meaning if you don't sue, the Public Security Bureau won't bother with it unless it has caused extreme damage to public social order.

But there are several situations where the People's Procuratorate has not initiated a Public Prosecution, yet the victim has evidence to prove a minor Criminal Case; these can all be brought as a Criminal Private Prosecution.

As stipulated in Article 245 of the Criminal Law, Illegal Trespass is one of them!

"Initiate a Criminal Private Prosecution, with Incidental Civil Compensation—isn't that all solved?"

Zhou Yi looked at Huo Pengfei again. That's right, he wasn't Lawyer Fang, but why did his way of speaking sound more and more like Lawyer Fang?

Wu Qiuling was even more stunned. She had heard of Criminal Private Prosecution, being a university student, but could this actually be brought as a Criminal Private Prosecution too?

It's the same old saying: right now, we only have a superficial understanding of a lot of knowledge. How much time do short videos really take? It's just listening to a bit of content. If you really want to know, you must study it systematically and in-depth!

"So don't feel afraid. If you are willing to initiate a Criminal Private Prosecution, then I will help you. Zhou Zong, what do you think?" Huo Pengfei looked at Zhou Yi.

Zhou Yi laughed, "Of course, no problem. You write the report, I'll approve it, go straight to the finance department to get the money, and file the Lawsuit however it needs to be filed."

"There is just one thing..."

Zhou Yi looked at Wu Qiuling and said, "I need to borrow your case to film a video. Of course, you don't have to agree; it won't affect the signing."

Huo Pengfei's eyes widened as he looked at Wu Qiuling. This was the same treatment as Lawyer Fang! Agree to him, hurry and agree to him!

Since things had reached this point, Wu Qiuling naturally had no objections. Her current state was: whatever the boss says, goes.

Then it was happily decided. Zhou Yi even suspected that if this case were successful, it might become another Case Analysis.

A landlord cannot enter the house they rented out without permission, and if it causes Serious Consequences, they might even have to go to jail!

I wonder what Lawyer Fang will think when the time comes...

However, even if it isn't a Case Analysis, it would be good for publicity within the Company. At least let everyone know that the Company isn't just putting on a show, but is truly helping everyone with Legal Aid.

Soon, after obtaining Wu Qiuling's authorization, Huo Pengfei began preparing in high spirits. Heaven have mercy, this was the first Criminal Private Prosecution case he had taken since he started his career.

Sure enough, he hadn't guessed wrong before: following Zhou Zong means there's meat to eat!

The evidence and such were all prepared. After all, being able to have a Case Filing and an arrest warrant issued meant it truly met the standards of a criminal offense.

It was only because it was too minor that there was a non-prosecution, but that doesn't mean it's really okay, because after all, among the Public Security Bureau, Procuratorate, and Court, the Court is the adjudicating organ.

However, for the sake of caution, Huo Pengfei still let Wu Qiuling go for a more detailed examination. Don't ask; asking means she's depressed.

It was only because he still had a bit of conscience now, otherwise he would have directly had Wu Qiuling perform an act of "suicide" that was discovered and resulted in no harm.

If she's already at the point of suicide, you tell me if the situation is serious or not!

On a morning that still held the chill of spring, Huo Pengfei arrived at the Case Filing Hall of the Guangming District Court.

The staff inside were already used to Criminal Private Prosecution, but looking at the person initiating the Private Prosecution and the defense Lawyer, they were a bit slow to react. This time, it actually wasn't someone surnamed Zhou or someone surnamed Fang?

But they still began the review according to regulations. After looking for a while, they said, "Comrade, for this Criminal Private Prosecution, you need the Procuratorate's..."

"The proof that the Procuratorate did not initiate a Public Prosecution? I brought it, it's right here."

The staff member took it and looked; sure enough, they were very well prepared.

It seems that the legal education publicity in Jingzhou this year is doing quite well. There are even people coming to initiate a Criminal Private Prosecution for cases where the Procuratorate did not prosecute. It's estimated there will be more in the future.

Let's observe a moment of silence for the hair of the judges in this Court.

Making up for a missed update; it is now 116,000 characters.

(End of this chapter)

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