Chapter 175: Just Say if the Logic is Right or Not_3
Old Tang handed over the second-instance judgment: "Indeed, the second-instance rejected the appeal. Liu Da's son pleaded guilty and accepted punishment, and even made a civil compensation, paying forty thousand to the two parties."
He pleaded guilty and accepted punishment, but he did not actively seek reconciliation to compensate; in the end, it was accompanied by civil litigation compensation.
It seems contradictory, but both are experts in the criminal field and are well aware of the issues. There's no contradiction here, as pleading guilty and accepting punishment can happen in an instant.
For instance, the car-jumping case Old Tang previously took on, where the suspect was particularly susceptible to persuasion under those circumstances.
Old Han hesitated before saying, "Director Tang, I couldn't find a breakthrough in this case. He resisted and injured someone while performing official duties, and a one-year sentence for obstructing official business is very justified."
He didn't know why Tang Fangjing took on this case, but from a criminal perspective, there really seemed to be no issue.
On hearing this, Old Tang looked at Old Han and said: "Justified? I don't think so, Director Han. Your thinking is now completely trapped by criminal law. This case, although a criminal one, has its breaking point not in the criminal aspect."
"What does obstructing official business mean? I won't talk about regulations, but just about state functionaries being obstructed while doing official business. Okay, what if this official business itself is illegal?"
Right? You say I'm obstructing official business, but if your official business itself is illegal, then my behavior can't be considered obstructing official business. It's definitely not, that's self-defense!
If you come to my house out of the blue to drag me away, I have to fight back. Otherwise, what kind of home is it!
Never mind the rest; just tell me if this logic is correct.
With just one sentence, Old Tang struck Old Han's mind like a bolt of lightning. This logic could have been easily reached, but as a lawyer specialized in criminal law, he got caught up after reading the judgment.
Just as Old Tang said, the breaking point of this case does not lie in the criminal aspect. You're powerless to counter-attack within the criminal field because the opponent has solid evidence.
You can only start with the official business!
"So, we need to find evidence, initiate administrative litigation, and confirm that the forced demolition was unlawful. As long as we can confirm this, the criminal case will naturally fall into place," Old Tang continued after putting down the judgment in his hand.
"Many people over at Jingnan County don't know what I do. For the convenience of future work, this first shot must be fired effectively!"
Strike hard with the first punch to avoid a hundred more. The instructor's words are always so direct. Taking the first step into the county by initiating administrative litigation against government departments makes it much easier to help villagers with rights protection afterward.
Whether it's filing a case or doing something else, it will be easier. Otherwise, running around every time you want to file a case is just a waste of time.
Having heard Old Tang's words, Old Han suddenly felt as if he had boarded the wrong train...
Liu Xuehong's father opposite him wore a look of confusion. He hadn't understood a word of what the young man across from him said, but it seemed impressive nonetheless.
Anyway, since it won't cost any money, let them do as they wish.
The first step for Old Tang was to submit a visitation request to the prison in Jingnan where Liu Xuehong's father was held. To understand the legality of the whole forced administrative demolition process, it was essential to meet with his son.
As for Old Han, in Old Tang's words, do whatever you want – the case won't need you anyway.
This time, the fight was for administrative litigation, and Old Han was practically clueless about it beyond what he had learned in the beginning, so he wouldn't be of any help.
Soon, Old Tang submitted an application online to the prison holding Liu Xuehong's son. The next step would be to see what materials the prison required, based on the situation.
While one side began its efforts, news that the public legal education team was now to re-examine Liu Xuehong's case of obstructing official business had already spread on the other.
This took some people in Jingnan County by surprise. Public legal education was not a new concept this year; it had happened many times before, but never like this time, directly accepting a case.
And it was this type of case.
The local reception staff quickly found the expert lawyers to find out what was happening.
Dean Tong, a bit helpless, said: "Don't ask us, we can't control him. The lawyer who took the case is called Tang Fangjing, you must have heard his name."
"Once he takes on a case, he usually sees it through to the end."
"This time, he also accepted the case under the guise of public legal education..."
Professor Tong reiterated what Old Tang had said earlier, mainly about the need for advocacy.
The reception staff frowned and said, "You can't control him? Then who can? We don't have a problem accommodating you down here. There are other cases in the county, too. Why pick such a case..."
Who can control Tang Fangjing? Dean Tong certainly didn't know. Even Jingzhou City and Handong Province were quite indulgent toward Tang Fangjing's actions.
He was, after all, a symbol of Handong, and not the kind created for public image, but a genuine figurehead.
So, within the allowed range of the law, even if you write countless letters to the justice department, they won't bother.
That's why some sensitive cases require lawyers from other places, such as The Capital and Magic City, for this reason.
In his previous life, Old Tang had a case related to forced demolition, where the local departments were writing to the justice department in The Capital, asking them to interfere as the lawyers were vociferously writing letters to the leaders of the legal and political supervisory departments in addition to advocating for the case... In short, they were very dedicated to the case. Your journey continues with My Virtual Library Empire