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Chapter 385: I just said that the young lady would definitely be fine!

~15 min read 2,928 words

Trial Supervision Procedure, which is what we often refer to as a Protest by the Procuratorate, is something Zhou Yi naturally knows about.

The principle of Prohibition of Increasing Punishment is also something Lawyer Fang has spoken about before.

It is very simple: according to the provisions of Article 237 of the Criminal Procedure Law, in cases where a close relative, legal representative, or Defense Attorney files an Appeal, the Defendant's punishment may not be increased.

If the First Instance judgment says this person receives Criminal Detention, then after you Appeal, they cannot say the person is sentenced to twenty years of Fixed-term Imprisonment.

Then, what happens if new evidence is discovered during the Second Instance Court proceedings, and this new evidence is sufficient to affect the judgment? It's simple: Retrial!

But the Procuratorate is different; whether before or after the judgment takes effect, they can file a Protest against the judgment!

One must note here that a Protest by the Procuratorate is not limited to only helping you get a Commutation of Sentence.

Many people have watched too many TV dramas or read too many novels where the Defendant files a petition year after year, then the Procuratorate finally files a Protest, and then the Court holds a Retrial and declares them innocent and releases them.

Then they feel that a Protest by the Procuratorate must definitely be a good thing for the Defendant.

The facts are, of course, different; a Protest by the Procuratorate never distinguishes between good or bad. As long as they discover any of the circumstances stipulated in the Criminal Procedure Law within the judgment, they will file a Protest.

If new evidence of the Defendant's crime is discovered and it is sent for Retrial, then the situation is different; a Protest by the Procuratorate does not apply the principle of Prohibition of Increasing Punishment.

Zhou Yi knows both of these points, but he had never thought about it from this perspective.

Now, hearing Lawyer Fang say this, he immediately became interested.

"Lawyer Fang, do you mean... that if this Protest is successful, it might not necessarily be a bad thing for us?" Zhou Yi asked curiously.

Lawyer Fang laughed: "I wouldn't say it like that, it's just that we previously had Xinran go investigate evidence against the other party, and it turns out this Ms. Xiang has done quite a few things."

It's the same old saying: things done on the internet basically always leave traces.

Not to mention that Xiang Yuyu didn't care about these things at all in the past; if she insulted someone online, she just insulted them, and if she fabricated facts to engage in Defamation and Insult, then she just did it.

Anyway, everyone is on the internet, and who knows who the person hiding behind the screen is?

After she was sued in a Private Prosecution, she only deleted the things she had previously said to insult Zhou Yi, but the things she said in the past are all still there.

Zhou Xinran took the Investigation Warrant from the Court and conducted investigations at various Companies.

These Companies' attitudes toward investigations coming from Zhou Yi's side are no longer what they used to be; they are basically fully cooperative.

As long as Zhou Yi produces an Investigation Warrant, they investigate exactly as they should.

Through this back and forth, Lawyer Fang discovered that if one really digs deep, the evil deeds this Ms. Xiang Yuyu has committed are truly numerous!

Not to mention the distant past, the year before last, an incident was exposed on the internet: at the entrance of a shop, there was a father who had taken his child out.

Then, a stray dog came up and started barking wildly at the child, even showing aggressive behavior, scaring the child into crying loudly.

The father naturally couldn't stand it; being a father, he took a wooden stick and started hitting the dog directly.

The dog ran away, and he drove his car to chase the dog, eventually hitting the dog's mouth until it was crooked.

Anyway, when watching the video, it felt like this dog was very pitiful.

If it had just been that, it would have been fine, but the incident was filmed by someone and then posted on the internet.

First came the reposts on social media, directly starting to furiously criticize, saying that this father was committing violence against a stray dog in front of his child, just because the stray dog barked a few times at the child.

With such cruel conduct, how can the next generation learn to be a "human"?

These words actually don't count for much; after all, even many normal people watching the video would feel it was a bit cruel.

Because humans have compassion for the weak.

However, what happened next was a bit unexpected: the father's identity was directly doxxed, and then came the overwhelming Internet Violence.

Dog lovers from all walks of life crazily attacked this father, as if he had done something heinous.

Many people asked him for an explanation—what kind of explanation? An apology definitely wouldn't work; you already beat the dog like that, is an apology useful?

And the reason was very simple: the dog didn't even bite your child, so what right do you have to be so cruel as to beat the dog?

A very straightforward logic, one that looks very familiar.

It's just like Legitimate Defense; you must be bitten by the dog before you can fight back, and you can't be too cruel...

In short, there was Internet Violence, and in the end, it was settled by the child's father paying money. Who was the money given to? It was split by the local dog lovers.

As for whether that stray dog got anything, that is unknown.

And in that incident, Xiang Yuyu was the main force charging at the front!

In her hidden status updates, there were post after post of crazy attacks; those vicious words were hard to even imagine.

It was as if the other party hitting a stray dog was like hitting her own relative, or even worse than hitting her own relative.

This is just one of the serious incidents; there are no fewer than five similar incidents that reach the Criminal standard!

Every time there was a similar incident, Xiang Yuyu would mobilize to carry out crazy attacks.

In her parents' eyes, she is forever that little treasure, but on the internet, she is a dog lover hiding behind a keyboard.

It's just that these cases are all Criminal Private Prosecution cases, and they are not handled unless someone complains. In such situations, basically no one would think of the path of Criminal Private Prosecution.

One could even say that matters like Defamation and Insult are only starting to become prevalent now because of a certain handsome guy.

Letting people know that when we are defamed or insulted on the internet, we can completely resolve the problem through legal channels.

Although it is difficult, and although it is cumbersome, it is still a path!

"So, are we going to find the other parties and have them also file a Criminal Private Prosecution? Then, this would count as new evidence discovered during the Protest period, and the Court must take all this evidence into consideration!"

Zhou Yi's eyes began to brighten.

After learning about the Procuratorate's Protest, he thought there was really a problem this time; after all, Lawyer Fang himself said the sentencing was a bit heavy.

Even though it was a Suspended Sentence...

It's just that he didn't expect this Ms. Xiang to have done so many things in the past, yet she had never been sanctioned by the law.

So this time, she never thought there would be such an outcome, because she had insulted people on the internet much more crazily in the past and nothing happened.

"So, everything depends on whether you are willing to do this!" Lawyer Fang laughed.

"Willing, of course I'm willing!" Zhou Yi said quickly: "Perhaps for these few people who were victims of Internet Violence, it seems a bit late, but in the end, there will still be some results."

He, Zhou Yi, is just an ordinary person who has a cheat; now, being able to do a favor for others is not bad either.

The two finished their chat, and then Zhou Yi hung up the phone.

With this development now, there was naturally no rush to record the video.

The first thing to do now was to get in touch with those few people.

There were many people who had been cursed by Xiang Yuyu, but only these five had already reached the threshold of a Criminal Case.

Thanks to the powerful internet, these people's personal information was truly easy to find...

The first reaction of many people who have been subjected to Internet Violence is to move house or change their contact information, because only in this way can they slightly avoid the crazed Internet Violence.

But fortunately, if one needs to find them, they can still be found.

Doing this was actually already Zhou Yi being a busybody, but... it didn't matter, he was happy to do it.

There are so many trends on the internet every day, and people subjected to Internet Violence are everywhere; it was impossible for him to help everyone file a Lawsuit.

However, since he was already here and had encountered it, there was no problem with taking care of it.

After contacting Zhou Xinran, he quickly obtained the contact information for those individuals, but contacting them so directly would very likely lead to being considered a scammer.

Therefore, one must first have sincerity.

Fortunately, he had previous experience contacting those elderly people; as long as he let them see his sincerity, at the very least, meeting in person would be no problem.

Originally, with the conclusion of the First Instance and Second Instance, the buzz caused by hitting the dog to death had already subsided.

Now, basically, apart from the relevant personnel, not many people were paying attention to this matter anymore.

But just at this moment, a piece of news suddenly popped up!

"Is there a follow-up to the Xiang case? The Procuratorate has filed a Protest!"

The Second Instance had already taken effect, yet the Procuratorate had filed a Protest; that meant there was a bit of a problem with this matter.

Many people who had stopped speaking because Xiang Yuyu was sentenced suddenly felt they could speak up again.

"I just said it, the law is still just. Such a nice young lady, just because she said one thing out of heartache for the dog she raised for three years, she has to go to jail. Is there any reason left to speak of!"

"The Procuratorate, forever the best!"

"Really, you still have to look at the Procuratorate. I knew from watching that Jingzhou TV series before; look at that, only the Procuratorate is just."

In any case, all sorts of comments emerged.

All of a sudden, a bunch of people supporting Xiang Yuyu appeared on the internet, as if Xiang Yuyu had truly suffered a grave injustice.

This is the reason why many trends on the internet are so frequent now.

Sometimes it is clearly just a normal procedure, but after being pushed by people with ulterior motives, it makes people feel, 'Hey, look, this situation is different!'

For example, this time, many Lawyers jumped out again, starting to popularize the law in various ways, explaining to everyone what a Protest is and what the Trial Supervision Procedure is.

Actually, normally speaking, Lawyers popularizing the law is a good thing for everyone.

Because there are really many people who don't understand these things, and popularizing the law is very necessary.

But now, many Lawyers on the internet popularizing the law often add their own opinions after the law.

And we all know that opinions are actually very subjective; sometimes, regarding certain issues, the legal community itself has great controversy.

For example, Picking Quarrels and Provoking Trouble, for example, the Poisonous Tree Doctrine; the controversy is truly great.

And some people, while popularizing the law, will add their own things outside of the law.

Law students themselves should have their own thinking, but for ordinary people, first impressions are very important.

Therefore, some half-baked Legal Blind people often appear.

You say they are Legal Blind, yet they happen to know a little bit and can even drag out some content for you.

But if you say they understand the law, the things they say feel like their values are a bit problematic.

Or, it is just as Lawyer Fang said, they only learned the law itself, but did not learn the essence of the law.

It is that kind of person who studies law and loses their humanity, seeing everything and having to speak a word of law first...

According to the procedural regulations for a Protest, generally speaking, there are two types of Protests.

One is a Second Instance Protest, which targets a First Instance judgment that has not yet taken legal effect.

And a Retrial Protest targets judgments and rulings that have already taken legal effect, regardless of whether it is a First Instance judgment or a Second Instance judgment.

Then, the receiving party for a Retrial Protest is the People's Court at the same level as the People's Procuratorate that filed the Protest.

Placed in this case, it is the Handong Provincial High Court!

Because apart from the Supreme People's Procuratorate, other levels of People's Procuratorates can only file Retrial Protests against the judgments and rulings of their subordinate courts.

And under such circumstances, the Provincial High Court began to initiate the Retrial Procedure.

The treatment of Lawyer Zhang Wei is much better now than before.

At least in the eyes of Xiang Jinjun, Zhang Wei is truly the best Lawyer!

Because for the requests he put forward, Lawyer Zhang could satisfy them.

He said he wanted to Appeal, and the person Appealed; he said he wanted to Protest, and the person Protested, and they actually really managed to do it!

"So Lawyer Zhang, what should we do next?"

Zhang Wei smiled and said: "We still have to continue collecting evidence; after all, this opportunity for a retrial did not come easily, we must ensure Miss Xiang is innocent!"

Xiang Jinjun nodded: "Then I will leave it to Lawyer Zhang. You see, we didn't trust you before; sigh, I regret it so much."

Zhuang Qiang didn't speak; his wife was inside now, and he didn't know what to do.

However, with Lawyer Zhang, it was definitely secure.

Not long after, Zhang Wei went to see Xiang Yuyu again.

"Lawyer Zhang, thank you so much. If I can be found innocent this time, then after I get out, I will definitely repay you well!"

Xiang Yuyu was full of gratitude.

Originally, a Suspended Sentence would not require detention, but the Procuratorate filed a Protest, so... she still had to keep staying there.

Things had reached this point, and Xiang Yuyu was actually already desperate, but she just didn't expect that this Lawyer Zhang was still working hard!

Seriously, such a conscientious and responsible Lawyer, he deserves to get rich!

Zhang Wei smiled and said, "It's no problem, Ms. Xiang, this is what I should do. If we win the retrial, I hope you will be more cautious with your words and actions in the future."

The lesson this time must be quite profound, I imagine.

Initiating a retrial takes time, and under these circumstances, Zhou Yi finally made contact with that father who beat the dog previously.

Just at this moment, in a Small Residential District in Hanxi Province, Wang Zhengnan was sitting at home, but his expression right now was very wrong.

That incident from two years ago was like a nightmare to him.

His son was still very young back then, and after being chased and bitten by that stray dog, he rushed up and beat the dog directly.

But because the dog hadn't bitten his son, and his act of beating the dog was posted online, he became a bastard who beats dogs overnight.

After the incident happened, he moved, and he originally thought he had forgotten about this matter, but he didn't expect that someone would suddenly contact him today.

They said they are currently working on an Internet Violence case, and the Defendant is exactly one of the people who cyberbullied him extremely severely back then.

Now they are asking him if he is willing to file a Criminal Private Prosecution, and the costs and procedures for the Private Prosecution will all be handled by the other party.

There was actually such a good thing; Wang Zhengnan subconsciously thought the other party was a scammer.

As it turned out, the person backhanded him with a one-thousand-yuan phone credit top-up and told him that if possible, they were willing to make a trip so both sides could sign a contract.

At that time, he could look over the Lawsuit himself.

This left Wang Zhengnan a bit unsure of what to do.

I was too busy today, there is only one chapter... Everyone, please refresh after reading, I have written another part of the content at the end. Thanks to book friend 2020, Wenchidage, another newbie brother, Feimaowuyu, Wen Chi, a few words brother, Wind Spirit Light brother, Eric3ang brother, thank you brothers for the tips, thank you.

(End of this chapter)

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