Lawyer's character

"Oh! I was shocked. I thought we had been committing crimes after being married for so many years!" Zhong Bin patted his chest lightly and said.

“However, there is another theory and practice.

The Marriage Law clearly stipulates that both husband and wife have equal status in the family. This equal relationship certainly includes the equality of rights between husband and wife. That is, when husband and wife have sex, one party has no right to dominate or force the other party, even if one party refuses or does not accept the other party from beginning to end. The request for intercourse will not have any legal consequences. In fact, there are still quite a few sexless marriages nowadays, and some people’s ideas are quite avant-garde and completely spiritual!

Article 236 of the Criminal Law stipulates: The crime of rape refers to the act of forcibly having sex with a woman by violence, coercion or other means against her will.

This provision does not exclude the crime of rape in which the wife is the target of rape, so the subject of the crime of rape should include the husband. "Fang Yi said.

Zhong Bin's little heart started racing again, and he said with concern: "Lawyer Fang, can we stop going up and down like this, my little heart can't stand it!

I don't care where the term marital rape comes from, I just want to know how my brother got in and whether he committed a crime!

Lawyer Fang, please tell me for sure. Is my brother qualified for rape? "

"Don't worry! Judging from the case materials you have provided so far, the facts of this case are very simple, and your brother does not deny the facts.

According to the current mainstream view, during the normal existence of the marriage relationship, the husband cannot be the subject of the crime of rape. In other words, no matter how one party has sex with the other party, it does not constitute the crime of rape.

During the abnormal existence of the marriage relationship, for example, when both parties are in divorce proceedings, the two parties have entered into the legal dissolution procedure of the marriage relationship. Although the marriage relationship between the two parties still exists, it has ceased to exist in name only, and they even fight and scold each other when they meet. From this, it can be inferred that The woman has a negative attitude towards the X behavior of both parties, so there is no reason for both parties to assume the obligations that exist between husband and wife.

As a result, the relationship between the husband and wife has changed, and the husband can become the subject of the crime of rape.

Going back to your brother's case, the court has already ruled to dissolve the marriage between the two parties. The marriage between the woman, your sister-in-law, and your brother is in an abnormal situation, and the marriage between the two parties is only waiting for the ruling to take effect.

In this case, your brother's forced sexual intercourse with your sister-in-law constitutes marital rape, which is also the crime of rape. "Fang Yi explained.

"Then...I heard from other lawyers that it does not constitute the crime of rape! Could it be a mistake?" Zhong Bin's eyes were dazed, and he was a little undecided.

"You can choose to believe them. Of course, the courts' enforcement standards are not exactly the same. If other courts find someone guilty, our court may not necessarily find someone guilty as well.

But my brother is yours, not someone else’s. Let me give you a suggestion. "Fang Yi really wants to take on this case and open it up.

"What suggestions?" Zhong Bin asked doubtfully.

"Be prepared for the worst in everything and work hard for the best! Don't do it the other way around!" Fang Yi said seriously.

Zhong Bin was stunned for a moment and said: "Thank you, Lawyer Fang, I understand! I'll go back and discuss it with my family. Can you leave me a phone number?"

The two parties did not reach an agreement that day. After Sun Zhengyi and Fang Yi saw off Lao Zhong's family, they returned to the office. Fang Yi gave a general overview of the case.

"Lawyer Fang, sometimes you don't need to be so honest. You need to sign the case first. Now that you have given the facts to the client, I'm afraid the client will not come to us again." Sun Zhengyi sighed.

"Why?" Fang Yi asked puzzledly.

When a client comes to a law firm for consultation, shouldn’t he tell the other party the truth? If you don’t tell the truth, the subsequent cases will not be judged satisfactorily, and the parties will not be allowed to come to the law firm to cause trouble. How can this lie be rounded out? Isn't this causing trouble?

"You don't know that when the parties are in trouble, they actually think about what is beneficial to them. If what the lawyer says is similar to what they think, the probability of signing a contract will increase.

If both parties think exactly the opposite, it will be difficult to achieve a commission unless you can convince them. From what I know about Lao Zhongtou, this guy used to be the workshop director in the factory. He had a great idea and it was difficult to listen to other people's opinions. Moreover, their family had consulted so many lawyers before, so they must have made a decision in their hearts.

The reason for coming to our law firm is to seek comfort and cost-effectiveness, which is similar to the feeling of bidding.

Forget it! Anyway, that's it. I guess they will choose a big law firm in the city and may not trust us. "Sun Zhengyi explained.

Fang Yi nodded silently. Professionally speaking, although he had not done many criminal cases before, those cases had basically achieved the expected results. His professional ability was no worse than that of lawyers from well-known law firms in the city.

But in terms of contract negotiation and contract signing, he had previously cooperated with others and the contract signing was not his responsibility. He had just resigned from school and was really a rookie in contract negotiation.

Even if he is a rookie, Fang Yi will definitely not follow Sun Zhengyi's ideas, because if the lawyer's analysis deviates too much from the actual direction of the case, it will only mean that the lawyer's level is not good, and he will want to go back later. It was impossible to seek compensation, and it was very likely that the client would file a complaint and be ordered to refund the fee by the Bureau of Justice (although the probability was relatively small). He did not want to get into trouble, let alone overtax his reputation.

At 8:30 in the evening, the second elder of the Zhong family and their second son Zhong Bin held a family meeting. Mr. Zhong sat on the sofa with his eyes closed, and his right index finger and ring finger kept tapping rhythmically on the armrest of the sofa.

Zhong Bin understood that his father was thinking about the problem. Whenever the old man encountered a big problem, he would always make such an action subconsciously.

My wife hesitated to speak, and finally couldn't help but ask: "Xiao Bin, do you think that lawyer Fang is reliable?"

"I think what Lawyer Fang said is accurate. I asked around and found that Lawyer Fang did teach at a university before, and he taught criminal law. The several criminal cases he did in the past had a good reputation." Zhong Bin said.

"Okay, let's do this. Don't believe everything the lawyer says. These people live by their mouths and are very capable of deceiving people.

Since Lawyer Fang said that he has encountered such a case, Xiao Bin, please call Lawyer Fang and ask him to send the case over for a look. If it is true, we might as well listen to him and prepare for the worst! Mr. Zhong opened his eyes and said calmly.