A hundred flavors of life

Chapter 1518 From Fifteen Years to an Acquittal! (Please Subscribe!)

According to the old law enacted in 1979, even if Hua Shier was Huo Dongfeng's lawyer, he could only intervene and meet with the detained criminal suspect after the case entered the trial stage.

Hua Twelve originally thought that this process would take at least four to six months, but because the year '96' was different, just like '83, all cases were required to be handled severely, strictly, and quickly, so all procedures were shortened to the unit of 'day'.

Three days after Cui Xiaohong left, Hua Shier received a notification that Huo Dongfeng's assault case had entered the trial stage.

After the court accepted the case, Hua Shier immediately submitted a power of attorney and a certificate from his law firm to apply for a meeting with Huo Dongfeng, who was in custody.

He didn't have to wait long; the court granted permission two days later.

The next morning at nine o'clock, Hua Twelve went to the detention center and, accompanied by Uncle Hat, met Huo Dongfeng.

At this moment, the bruises on Huo Dongfeng's face had not yet faded, his eye sockets were dark, and his whole body was bloated and swollen, looking miserable.

When Huo Dongfeng saw Hua Shier, he grinned, his smile looking like a ghost.
"Brother-in-law, you're here!"

Hua nodded:
"Don't worry, I understand the situation. You were caught in the wrong situation at the wrong time, and you're a repeat offender, so you need to be prepared!"

Although a solution had been found, many things couldn't be said explicitly. Hua Shier simply winked at Huo Dongfeng as he spoke, conveying his meaning to avoid putting too much psychological pressure on the guy and causing any unforeseen complications.

Unexpectedly, Huo Dongfeng asked with concern, "What's wrong with your eyes? Why are you blinking so much? Did you get sand in them?"

Sensing the strange look from the man in the hat next to him, Hua Shier could only force a smile and say:

"Yes, it's windy outside today!"

He thought to himself, "This guy isn't smart enough. How could he have any psychological pressure? I've wasted my time worrying about him."

Hua Shier asked a few basic questions in a perfunctory manner, then told Uncle Hat that it was fine, and ended the meeting.

As he left, Hua Shier waved to Huo Dongfeng, who was led away with a silly grin.

No one noticed that when Hua Shier waved his hand, an invisible force emanated from his fingertips. It was a soft and gentle force that penetrated into several acupoints on Huo Dongfeng's body without anyone noticing.

On the first day of the trial, news came that Huo Dongfeng had suffered a severe stomach ulcer during his detention, resulting in massive bleeding, hemorrhagic shock, and a deep coma. He is currently unable to stand trial.

On the day of the trial, because it was the second time that the big star Cui Guoming had acted as a lawyer to defend someone in a lawsuit, all kinds of media once again flocked to Donglin, and more than half of the audience seats were filled with reporters.

Hua Shier sat in the defense attorney's seat, holding a diagnostic report issued by the Public Security Hospital:
“My client, Mr. Huo Dongfeng, is currently in a deep coma and unable to appear in court. I request that the trial be suspended until my client regains consciousness and is able to appear in court.”

The judge looked at the prosecutor: "The defendant's lawyer has requested a stay of proceedings. Does the prosecutor have anything to say?"

Prosecutor Zhao Zhigang also had Huo Dongfeng's diagnostic report, but he dismissively pushed it away:
"According to the provisions of the Criminal Procedure Law, if the defendant is unable to appear in court due to illness, his defense counsel may appear in court on his behalf. We believe that the evidence in this case is clear, and the court can continue the trial!"

Hua Shier didn't respond. Instead, he slowly pulled out the surveillance video screenshot from the case file: the image of Cui Xiaohong having a large clump of hair pulled out and Huo Dongfeng being beaten and forced to squat down were enlarged, printed out, and pinned to the first page of the case file.

“Prosecutor Zhao, you are right. I can exercise my right to defense.”

Hua Shier showed this evidence to the other party:

"But can the defense counsel answer the question of 'defensive intent' in the context of legitimate self-defense on behalf of the defendant?"

Zhao Zhigang's expression changed slightly. He had watched Hua Shier's previous debate and thought that this big-name lawyer was very difficult to deal with. He did not expect that the other party's entry point was so tricky and that he immediately grasped the weakest point.

Hua Shier didn't give him a chance to interrupt, and stood up to hand the surveillance screenshot to Judge Li Jianguo:

"Your Honor, there is only one core point of contention in this case: whether Huo Dongfeng's act of injuring someone constituted intentional injury or legitimate self-defense!"

"According to Article 17 of the 1979 Criminal Law, to determine legitimate self-defense, it is necessary to ascertain whether the actor had 'defensive intent.' And according to the spirit of the Supreme People's Court's judicial interpretation on legitimate self-defense, 'defensive intent' must be stated by the defendant himself!"

"What did Huo Dongfeng see and feel at that time? Did he have any other way out? Why did he choose to make a move at that moment?"

He paused, then emphasized:

“I, as the defense attorney, cannot answer these questions; they must be told to the court by Huo Dongfeng himself.”

The presiding judge adjusted his glasses, flipped through the forensic report, and frowned.

Hua Shier struck while the iron was hot, opening a newly photocopied document:

According to Article 181 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law, if the defendant suffers from mental illness or other serious illness that affects the conduct of the trial, the court shall rule to suspend the trial.

He showed everyone a copy of the diagnostic report:

"Huo Dongfeng's current condition is no less serious than the 'serious illness' mentioned in the judicial interpretation. He is in a deep coma, incapable of standing trial, and unable to make any effective statements or defenses."

"If this case were to proceed with the trial while he was in a coma, he wouldn't even be able to say 'I did it to protect myself.' Is that what you call 'guaranteeing the defendant a defense'?"

Zhao Zhigang's face turned ashen, and he opened his mouth but couldn't utter a word.

In the audience, reporters were taking notes furiously.

The presiding judge remained silent for a full ten seconds before finally speaking:
“Attorney Cui, you’re right, but there’s a time limit for suspending the trial. We can’t let it drag on indefinitely. If Huo Dongfeng doesn’t wake up, this case needs to be resolved.”

Hua Shier was prepared and handed over another set of materials:
"Your Honor, this is the 'Prognostic Assessment Report' issued by Huo Dongfeng's attending physician. The report concludes that although the patient is currently in a deep coma, his vital signs are stable, his brain function has not suffered irreversible damage, and there is a high probability that he will wake up within three to six months."

“We don’t need to delay indefinitely. As long as my client is able to stand in court and speak, he/she can receive a fair trial!”

He looked directly at the presiding judge:

“I hope the court will grant my application because I have always believed that the law should bring fairness to everyone and should not be hastily concluded when a person’s right to defense is actually deprived.”

The presiding judge and the two lay jurors exchanged a few words in hushed tones.

Finally, he raised his head and struck the gavel: "After deliberation, the panel of judges finds that the defendant, Huo Dongfeng, is currently in a deep coma and incapable of standing trial, and that the determination of legitimate self-defense in this case highly depends on the defendant's own testimony. In accordance with Article 181 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law, the trial is hereby suspended, and the period of suspension shall not be counted in the trial period. The trial shall resume once the defendant has regained consciousness and is capable of standing trial."

On the prosecutor's side, Zhao Zhigang sighed. A case that was a sure thing had been delayed.

Hua Shier smiled, stood up, and nodded slightly to the judge's bench:

"Thank you, Your Honor."

He tidied up the materials, nodded to the prosecutor opposite him, and smiled slightly.

As Hua Shier stepped out of the courthouse, the sunlight was blinding. He was immediately surrounded by reporters, with seven or eight microphones thrust at him, asking for his opinion.

Hua Shier smiled and said:

"I've said everything I wanted to say in court. I'll just add one more thing: I believe the law is just, at least that's the foundation and purpose of the law. I appreciate that. Thank you!"

Tiger Head arrived, and Yang Baihui personally drove to pick him up.

Hua Shier sat in the passenger seat, glanced at the court, and thought that if Huo Dongfeng were to be tried now, he would certainly be considered to have acted excessively in self-defense. However, once the new law came into effect next year, Huo Dongfeng's actions would be considered legitimate self-defense.

The following days were uneventful. Huo Dongfeng's restaurant continued to operate, with Li Xiaozhen currently helping to manage it in her spare time, mainly by checking the accounts.

Okay, the person who bought the restaurant from Cui Xiaohong was Hua Shier. However, he contacted Cui Xiaohong through an intermediary, so the latter never knew that the person who bought the restaurant was her younger brother, Cui Guoming.

He later got all the money Hua Shier gave him back. He considered the restaurant as his family's way of helping Huo Dongfeng manage it. Once Huo Dongfeng was released, he would return every penny of the restaurant and the money he had earned during that time to him.

Time flies, and in the blink of an eye, it was 1997. In that year, Hong Kong returned to China, and the whole country celebrated.

Huo Dongfeng remained unconscious during this period, and Hua Shier hired two nurses to take care of him.

The hospital even issued a diagnosis of vegetative state, which led to the indefinite suspension of the case concerning Huo Dongfeng's assault.

But to the prosecutors' surprise, Huo Dongfeng woke up the day after the National Day holiday, on the day after the new law was implemented. Apart from being a little weak, he was perfectly normal and had a good appetite.

The case was sent for trial again, and in court the prosecutor charged Huo Dongfeng with excessive self-defense.

When it was Hua Shier's turn, he spoke eloquently in court:

"Your Honor, when this case resumed, if we apply the old Criminal Law of 1979, my client's act of retaliation would indeed have been considered excessive self-defense."

The scene erupted in uproar. Was he just admitting his guilt outright?

Hua Twelve smiled slightly: "But..."

But then, the reporters stirred. Here they came! They knew Cui Guoming wasn't so simple; this guy was too good with words.

Hua Twelve's voice continued:

"However, the revised Criminal Law has been implemented this year. According to Article 12 of the new Criminal Law, which follows the principle of 'applying the old law if it is more lenient,' if an act was considered a crime under the old law at the time of its execution but is not considered a crime under the new law, the new law shall apply."

"The old law stipulated that if self-defense exceeded the necessary limits and caused undue harm, it constituted excessive force."

"The new law modifies the standard to 'clearly exceeding the necessary limits and causing significant harm' for it to constitute excessive self-defense—adding the qualifiers 'clearly' and 'significantly'."

"More importantly, the new law adds a special defense clause: no criminal liability shall be incurred for defensive acts that result in injury or death in the face of ongoing acts of violence or other serious violent crimes that endanger personal safety."

Hua Shier produced the case file:
"My client, Huo Dongfeng, chose to endure the provocation of several lawless individuals. Even when he was surrounded and beaten, he did not fight back. He was beaten until his face was covered in blood and he was squatting on the ground!"

"He only chose to fight back when his wife, Cui Xiaohong, was beaten, had a large clump of her hair pulled out, and fell to the ground. Moreover, while he was fighting back, those who had injured them continued to harm them. Does this count as a 'violent crime that seriously endangers personal safety'?"
"Seven or eight people ganged up on him, even hitting women. If Huo Dongfeng couldn't even fight back, then who is the law protecting?"

"Huo Dongfeng retaliated under these circumstances, resulting in one death and one injury. Moreover, after the other party stopped persecuting him, he did not continue to attack. His counterattack was just an instinct, a desire to survive, and a way to protect his family. It was not a crime."

According to the interpretation of "special defense" in the new Criminal Law this year, my client's actions should be considered special defense, and he should not bear criminal responsibility under the law. I respectfully request the court to apply the new law, declare Huo Dongfeng innocent, and release him in court immediately!

After Hua Shier finished speaking, the prosecutor opposite him could only smile wryly. Hua had explained the legal provisions clearly, so what else was there to say?

As expected, the final verdict was that Huo Dongfeng's actions were subject to the new law's principle of "applying the old law if it is more lenient," and he was found guilty of "special self-defense" and not criminally liable. The court declared Huo Dongfeng innocent and released him immediately!
A case that should have resulted in a fifteen-year sentence was overturned by Hua Shier, who was acquitted. As soon as the trial ended, the flashbulbs were so bright that it was hard to open one's eyes. Reporters were desperately crowding around, insisting that Hua Shier say something.

Hua Shier only said one sentence: "I believe this was a fair trial."

Upon his release, Huo Dongfeng wept with joy. He first hugged his son, Erpang, then gave an interview. After the interview, he opened his arms and embraced Hua Shier.
"Brother-in-law, I have nothing more to say. What would I do without you!"

Hua Shier quickly dodged: "How long has it been since you took a shower? Please stay away from me!"

On the way back, Huo Dongfeng asked:
"Why didn't your sister come? I haven't seen her in ages!"

Hua Shier: "What a coincidence, I haven't seen her in ages!"

Huo Dongfeng:
After learning from Erpang that his wife had run away again, Huo Dongfeng remained silent for a moment, then smiled nonchalantly:
"Let her go. It's not the first time she's left. From now on, I'll just take Erpang and we'll live a good life together!"

Hua Shier smiled and handed him a cigarette: "You should still look for her. Cui Xiaohong is no good. Don't waste your time on her. It's not worth it!"

With Huo Dongfeng's matter resolved, Hua Shier originally thought the mission was complete, but it wasn't.

In late 97, Li Xiaozhen became pregnant with her second child, and around the same time, Yang Baihui also became pregnant.

On March 26, 1998, the 50th launch of the Long March series carrier rockets witnessed the solid journey of China's aerospace industry from scratch to maturity and entry into the international market.

Upon seeing this news, Hua Shier suddenly realized what he was still missing regarding the mission to this world!

Thank you to 08a and Little Tiger of the Demon Realm for the donations, and thank you to all the brothers who voted with monthly tickets and recommendation tickets. Thank you so much!