Lawyer: Start with legal retaliation against infidelity!

Chapter 101 A Trickling Angle!

They should be tried severely and strictly.

The moment the words were spoken.

Lawyer Zhang Wei's face instantly turned green. He looked up, his expression extremely ugly.

However, there was no unusual activity on the judge's bench, clearly indicating that they were not prepared to stop the other party from suddenly interrupting and only wanted to quickly finish reviewing the case.

In the dock.

Zhang Wei took a deep breath and said in a deep voice, "Agent, we must remind you of something."

"The Criminal Law clearly distinguishes between 'accidental death' and 'manslaughter'!"

"in."

"The crime of negligent homicide refers to a criminal offense in which the death of another person is caused by the negligent act of the perpetrator due to carelessness or overconfidence."

"Accidental death is caused by an unforeseen event/force majeure!"

for example.

You're riding your bike with your friend when you see a river. You think you can cross it, but he tries to stop you. You accelerate across, causing your friend's death.

This is manslaughter.

And it is a very typical case of overconfidence leading to accidental death. If you and your friend go out to play, and suddenly a pedestrian jaywalks, causing you to lose control and crash your car, resulting in your friend's death.

This is accidental death.

You have not committed a crime and do not need to bear criminal responsibility. You only need to make some civil compensation in accordance with the law.

The former has a traceable cause and can be avoided, while the latter is a completely random probability.

"In this case."

"The deceased Zhao Li had no connection with the defendant, and Yang Jiale's fall was an accident."

"The deceased also had a pre-existing cardiac thrombosis," and sudden death is an extremely rare event. The combination of these factors makes this a completely accidental death!

Lawyer Zhang Wei began to defend himself, and his words were logically clear.

From this perspective, Zhao Li's death does seem somewhat like an accident, not to mention that death from an acute illness is itself an accident.

"be opposed to!"

On the agent's seat.

Almost the instant the other person finished speaking, Xu De's mind automatically organized a series of clear logical lines.

He looked at the other person with disdain on his face, opened his mouth slightly, and a series of words came out.

"Defendant's attorney, I can tell you very clearly, regarding this death..."

"This is a classic case of manslaughter caused by multiple causes leading to a single result!"

Sometimes, manslaughter doesn't happen even if you and the other person know each other.

You may not even have met the other person, yet you can still condemn yourself through the "cause and effect" relationship, which is "multiple causes for one effect".

"if!"

"If there had been no bullying involved, there would have been no fall, no stimulation, and no sudden cardiac death!"

""

"Among them, the intervention factor is 'special physical condition'."

""

Xu De stood up, looked directly at Zhang Wei, and said resolutely without any hint of backing down, "The law does not recognize the principle that 'the victim is not liable simply because they are ill'!"

"Furthermore, this accident was not entirely unforeseen!"

Human subjective thinking has a significant influence on judicial decisions.

The crime scene was located at No. 18 Middle School. At the time of the incident, there were countless students walking downstairs and passersby outside.

With a large number of people, it becomes necessary to consider whether any of them have heart disease.

If someone were to fall from the building at this moment, would it agitate them and cause their death?

Obviously, the probability is very low, so low that most people would ignore it.

But... if you happen to be in that situation and you don't think it through, then it's 100% manslaughter!

Unless the bullying takes place in an extremely rare location, with no one around for miles, and an unsuspecting heart patient suddenly appears, it is possible for the incident to be considered an accident and thus exempt from criminal liability.

However, it is clear that, in this case, the scene does not meet this condition.

"In summary."

"The three defendants clearly meet the criteria for 'manslaughter'!"

"He should be punished for multiple crimes and tried in the same manner as those charged with other offenses!!!"

The words were spoken.

Xu De then turned to look at the judge's bench, waiting for Zhang Bingxin to make his statement.

His words were insightful enough.

Zhang Wei knew he couldn't refute it, and his face turned extremely ugly as he clenched his fists tightly.

There's no point in continuing the debate; ultimately, it all comes down to the judge's personal attitude.

On the judge's bench.

Zhang Bingxin rubbed his temples, feeling immense pressure. He said in a deep voice, "Regarding this charge, there is no need for further hearing in this court session."

It was rejected.

The claim that negligent homicide could be reversed to an accidental death was completely rejected.

In the defendant's dock.

Zhang Wei was unwilling to accept this.

The sentence for negligent homicide is not severe, ranging from 3 to 7 years.

But his real purpose was to remove Zhao Li's life from Liu Jingqi's crimes, making it seem less egregious on the surface.

Don't underestimate its seemingly insignificant nature; it's highly likely that this is why Liu Jingqi won't face the death penalty!

"Defendant, do you have any further objections?"

Judge Zhang Bingxin composed himself and pressed for answers again.

Zhang Wei opened his mouth, but hesitated for a moment before speaking.

Finally, he calmed himself down and took a deep breath.

The case still has a long way to go... there's still room for maneuver... he still has room to maneuver!

"presiding judge!"

"This was mentioned in the amended indictment submitted by the prosecution."

"The defendant, Liu Jingqi, whose original name was Zhang Yueyue 13 years ago, committed a crime in Lianshan County, which is 2000 kilometers away from Lusen City."

Zhang Wei took a deep breath and began his second step.

What is the second step?

Disassemble!

This case has expanded to Taozhuang Village, resulting in four deaths. All the responsibility lies with him, and since he has already confessed, the death penalty is certain.

But... what if we remove it?

What if they demolished the place until Yang Jiale was the only victim left?!

If we break it down, it means that if only three people are jointly responsible for a criminal homicide case, then even if the defendant admits to the facts, they will not have to bear any responsibility at all!

"The prosecution stated that in January 1990, the defendant Liu Jingqi abducted Tao Ming's son, Tao Jiang, to a remote mountain area."

"Subsequently, Tao Jiang went missing, and Tao Ming subsequently fell ill and died."

Zhang Wei's voice was somewhat heavy, and at this moment he began to frantically squeeze out his brain cells.

He said, "But..."

"Your Honor, there is absolutely no causal relationship between Tao Ming's death and the defendant!"

"Since there was no forensic examination to determine the cause of her illness, it wasn't a direct case of sudden death due to a causal link between her and her heart, as was the case with Zhao Li!"

"It had absolutely nothing to do with him; Tao Ming's death was caused by his own actions!"

The difference between "illness" and "onset of illness" is only one word.

But in reality, the meaning and the responsibilities involved are completely different!

for example.

If your friend has a heart condition and you deliberately took him to a haunted house, causing him to have a heart attack, then that's your problem.

but.

If your friend didn't have heart disease, but you developed it after hanging out with him and eventually died, then it has nothing to do with you.

Because if an illness is not contagious, you can't blame anyone else for it, and no one else can control whether you get sick.

"be opposed to!

'

On the prosecutor's bench.

Huang Shi suddenly spoke up in rebuttal, saying repeatedly, "Your Honor, the court cannot only look at the surface-level materials; it must view them from the perspective of that time!"

"Thirteen years ago, in 1990, medical conditions were extremely difficult, not to mention Lianshan County in the remote mountains, even in Lusen City, barefoot doctors were everywhere!"

"We cannot presume to determine the cause of death of the deceased, Tao Ming!"

Medical conditions were very poor in the 90s.

At that time, there were still millions of barefoot doctors across the country. Although these people could treat illnesses, they were not real doctors and their treatment of patients was crude.

Tao Ming was diagnosed by a barefoot doctor, and the police conducted a cursory examination before burying him upon his death.

As for forensic experts?

This kind of talent is even more precious than a giant panda. In 2003, some cities might not even have one. Where can Lianshan County find a forensic expert for identification?!

Therefore, considering all factors...

Just as Huang Shi said, the text in the materials cannot be completely trusted. It may have been due to illness, or it may have been that Liu Jingqi's acute illness triggered her death.

only...

"Prosecutor, just as you have said."

Zhang Wei suddenly spoke up, borrowing the other party's words.

"Outdated medical practices prevent us from drawing hasty conclusions!"

Similarly, we cannot draw a conclusion that Liu Jingqi caused Tao Ming's death. Based on the principle of presumption of innocence, Tao Ming's case should be judged as one of "illness"!

In 2003, the principle of "presumption of guilt" was applied in practice.

But at the very least, the evidence must be presented as innocent.

Most importantly, in 2003, the case was indeed dismissed due to the long time span, extreme ambiguity, and inability to verify such things.

only..

"Liu Jingqi lured Tao Jiang into the deep mountains; this is an undeniable fact!"

In a daze.

A voice suddenly came from the agent's seat.

Everyone looked up and saw Xu De suddenly speak, choosing another angle to attack.

Zhang Wei paused, then cursed inwardly.

Before he could even speak about Tao Jiang, the other party had already said it, which put him in a passive position, putting him in the role of "debating" rather than "defending his position."

Especially...

Tao Jiang can have an extremely important influence on sentencing!

Zhang Wei suppressed the anger in his chest and said in a deep voice, "Your Honor, regarding Tao Jiang's matter, what we want to say is that Tao Jiang..."

""

He paused as he spoke.

He then opened his mouth and uttered two terrifying words.

"He's not dead!"

He's not dead!?

Two words were uttered.

Suddenly, everyone present frowned and stared at him with heavy eyes.

Fortunately.

Zhang Wei didn't give Xu De and the others time to refute him, but continued, "From 1990 to January 4, 2003."

"For a full 13 years, the police never announced Tao Jiang's death, and local officials never found his remains. We cannot determine whether he is truly dead!"

In general.

Like Tao Ming, Tao Jiang is in a state of uncertainty.

Tao Ming's cause of death could not be determined, and Tao Jiang's death could not be confirmed.

The latter may have been adopted or may have died, but before his remains were found, the official records described Tao Jiang as missing.

Missing is not death, and the court cannot impose additional penalties for this offense.

Most importantly...

"presiding judge!"

Zhang Wei suddenly spoke in a deep voice, "Thirteen years ago, when the defendant Liu Jingqi committed the aforementioned acts, she was..."

'

"6 years old."

According to Article 17 of the Criminal Law, it is clearly stipulated that individuals under the age of 12 bear no criminal responsibility whatsoever!

"same!"

According to the Supreme People's Court's "Provisions on the Trial of Criminal Cases Involving Minors," the original text clearly states that the age of criminal responsibility is determined by the age of the perpetrator at the time of the crime, not their age at the time of trial!

That is, the ontological method.

For example, if you commit murder at 17 and are arrested at 18, the court will still try you as a minor.

"The case occurred 13 years ago, when the defendant, Liu Jingqi, was only 6 years old. According to the law..."

'

"Even if Tao Ming and Tao Jiang did commit a crime, they will not bear any criminal responsibility!"

Zhang Wei turned his head and looked at the presiding judge.

"In this case..."

"The sentencing of defendant Liu Jingqi should be limited to the criminal liability of Yang Jiale and Zhao Li!!!"

The words were spoken.

His heart was in his throat.

These three angles were among the few usable angles he had racked his brains over the past few days.

The first claim of accidental death was also rejected.

The last two...

Zhang Wei felt it was very effective!

It's just a pity...

In a daze, I found myself in the proxy seat.

A voice suddenly rang out again!

"That's right, Your Honor. Based on what the defendant said, Liu Jingqi clearly deserves a severe trial!"

Xu De spoke again, laying out his perspective and logic.

only...

Strictly and severely?

Zhang Wei was stunned, clearly not understanding.

How can something committed by a 6-year-old who is not criminally responsible be punished severely now, 13 years later?!

He didn't understand.

However, the next second, everyone present instantly realized what was going on.

All I saw was...

Xu De suddenly smiled, a hearty laugh. He turned to the three judges on the platform and said directly, "Presiding Judge, Judges."

"Based on Article 61 of the Criminal Law, namely: the general principle of sentencing, the foundation."

The sentencing principles clearly stipulate that sentences should be imposed based on the facts of the crime, its nature, circumstances, and the degree of harm it causes to society!

"The so-called 'circumstances' include: usual conduct, consistent behavior, and attitude of remorse!"

"The so-called social harm refers to: the possibility of recidivism and the potential danger to society after release from prison!"

Judges do not arbitrarily determine sentences.

As before, regarding the division of property in divorce, judges do not only consider the consequences in their rulings.

However, other factors can also influence the decision!

That is, character, remorse, and the likelihood of recidivism.

Given their poor character, extremely poor attitude towards admitting guilt, and very high likelihood of recidivism, then from a legal perspective...

"The defendant, Liu Jingqi, 13 years ago, at the age of only 6, lured a 3-year-old boy into the deep mountains. Her morals were extremely despicable, demonstrating her low character!"

Without any hesitation, Xu De decisively uttered the words "one strike to kill."

"Furthermore, the fact that she committed the same crime again 13 years later is sufficient proof that the defendant, Liu Jingqi, has absolutely no remorse!"

"The risk of him reoffending is extremely high!"

"According to the law, this case should be handled strictly and severely!!!"

The moment the words were spoken.

dock.

Zhang Wei's blood pressure spiked instantly, his eyes turned bloodshot, a sweet taste rose in his throat, and he glared angrily at Xu De.

Gone... all gone!

He used the fact that the other party was only 6 years old 13 years ago to mitigate his responsibility in sentencing.

The other party countered by arguing that he had poor character at age 6, remained unchanged at age 19, and posed a significant threat to society after his release from prison.

It's all over...it's all over!

His three defense arguments, at this point, were practically useless, even...

Even the severe punishment for "murder" is far more serious than the crime of kidnapping itself!

Thinking this way.

Zhang Wei's breathing became increasingly rapid, but his brain felt oxygen-deprived, like a fish out of water, desperately gasping for breath but to no avail.

In a daze.

A wave of nausea surged from his abdomen to his throat, and Zhang Wei's face turned pale and his arms trembled.

It's clear that the other party forced her into emotional somatization.

Xu De, however, paid no attention to his condition.

Instead, he turned his head to look at the defendant's table.

"Your Honor, the facts of the case have been clearly explained..."

""

"Let the judge decide!"

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