Zhang Qiang, a lawyer familiar with the case, told reporters that it was more likely to maintain the original sentence. According to the general judgment, the details of some cases described in the opinion of Lawyer Wang Zhenhua are not highly credible. On the point of is there any indecency or not, the defendants statement is untenable. At present, the main disputes are about the injury, whether the injury is caused by the behavior or the old injury, whether it is serious, and the subsequent expansion
However, at present, the core basis of Wang Zhenhuas appeal is to have different opinions on these details, insisting that there is no indecency against the girl in this case.
Wang Zhenhua, video screenshot
How to identify the injury?
How to determine the injury of the victim is the most important part of the case, and also the key point of point of view confrontation.
It is also supported by the identification of contrary conclusions. Chen Youxi made it clear in the statement that Wang Zhenhua did not turn over the confession because he insisted that he did not molest the girl in this case.
From the investigation stage, the prosecution stage and the court stage, his statements are stable and consistent, and he denies that he has committed indecent acts against the young girl. The time before and after he enters the room is only 13 minutes, with hotel video evidence, and the effective time for possible crime is 5 minutes. He has never been pedophile or sexual abuse oriented, and the police outside investigation has ruled out any suspicion of infringing upon the young girl. Chen Youxi said.
However, Zhang Qiang told the daily economic news, the opposite conclusion, that the verbal evidence was put forward by the defendant in court as a reference for the trial. At present, after cross examination, the opposite conclusion has not been adopted by the court. Because we didnt see the evidence, we couldnt make an objective judgment, and Wang Zhenhuas reasons cant be caused by common sense, so the credibility is not high.
Indecency can be divided into different degrees. If its just cuddling, its certainly not counted. But the specific facts, what behaviors are taken, which are unknown to the outside world, need more detailed and complete evidence chain support, which is the controversial environment. Zhang said it is more likely to maintain the original judgment.
On June 18, the victims defense lawyer refuted Chen Youxis statement, saying that views can be exchanged, but not the case. His suggestion is that Youxi should not describe the wound of the victim carefully, which should not be done by a responsible lawyer.
5 years is it heavy or light?
It is on the basis of guilty or innocent refutation that the result of the sentence of the first instance - fixed-term imprisonment of 5 years, whether light or heavy, once again triggered the confrontation between the two sides of the case.
In fact, the discussion on this topic has become the most popular point among netizens.
Chen Youxi said in a statement that it is heavy - the peoples Court of Putuo District is not light but heavy. He believed that the nature of the crime of indecency was determined by the public security organs of Putuo after close investigation, extended investigation, strict supervision by procuratorial organs, withdrawal of investigation and supplementary investigation, and the courts two-day and 16 hour court session for investigation and cross examination. The public prosecution law was the same. The peoples Court of Putuo District carried out a heavier punishment according to the sentencing suggestions of the procuratorate.
If there is a laceration of the vagina, I also support the characterization of more serious charges, but the court investigation actually found that there is no such situation. Chen Youxi said.
Wang Zhenhua, video screenshot
Should compensation be made?
It is worth mentioning that the criminal trial determines whether the defendant has a criminal offence, and the victims mental loss and other related compensation can be tried through civil litigation.
The direct participants in the case told the daily economic news that they would consider civil litigation and compensation matters once the criminal cases were settled. It is also possible that there will be no civil part of the appeal. According to Wang Zhenhua, the defendant, the current attitude is that he is not willing to pay for any money.
Moreover, if there is an incidental civil action, it may let the other party seize the loophole and reduce the sentence. Moreover, the compensation rate of incidental civil action is very low, and spiritual compensation cannot be claimed, so it is unrealistic and undesirable.
According to Zhang Qiangs analysis, if the criminal incidental civil procedure law is handled together, if the defendant accepts compensation, it may be more beneficial to him in the sentencing of criminal cases. For example, if the defendant puts forward a higher amount of compensation, it may lead to extortion, that is, the public may think that the victims family members are taking advantage of the opportunity to extort money, which is not conducive to the trial and punishment of criminal cases. So even if we have to deal with it, we can sue separately for a piece of civil compensation. However, the amount of compensation will not exceed the amount of ordinary personal injury. According to the disability identification standard, different standards have different compensation scope and amount, and the amount of mental damage will not be too high due to different identities. The direct participants in the case disclosed to reporters that the victims are not considering civil litigation at present. Reporter Wu ruofan source: editor in charge of daily economic news: Yang Bin_ NF4368
So even if we have to deal with it, we can sue separately for a piece of civil compensation. However, the amount of compensation will not exceed the amount of ordinary personal injury. According to the disability identification standard, different standards have different compensation scope and amount, and the amount of mental damage will not be too high due to different identities.
The direct participants in the case disclosed to reporters that the victims are not considering civil litigation at present.