Lawyer: Start with legal retaliation against infidelity!

How can you determine if someone is mentally ill?

From a common sense perspective

Generally, you need to look at a person's logic and common sense.

For example, if someone slaps you, you will be angry and confused. This is a clear and logical thought process.

but.

Is mental illness the opposite of that?

No, there are many types of mental illness, and those that do not incur criminal liability are even more numerous.

Under what circumstances was Liu Fuguo diagnosed with mental illness?

"Based on the statements submitted by the other party, Liu Fuguo committed the first rape."

He claimed that he was mentally confused, experiencing a loss of consciousness, and that his body was out of control; when he regained consciousness, the deed was already done.

Xu De slowly opened his mouth, recalling Liu Fuguo's words about evading criminal responsibility in Chengdu.

Consciousness is lost, and the body is out of control.

Only in this way can one be exempt from criminal liability.

You seem to be referring to something like bipolar disorder or some other illness. While this falls under the category of mental illness, the person in question still bears full criminal responsibility. They are no different from ordinary people.

And Zhang Da in the case...

"Do you think she's mentally ill?"

In a daze, Xu De suddenly spoke.

Then, before the person in front of him could ask a question, Xu De explained again:

"First of all, people have specific and clear goals in mind when they do anything."

"For example, if you want to drink water, you need to buy a bottle of mineral water or find a cup to fill with water."

"Similarly, even when killing someone, every stab and every movement is aligned with the goal in one's mind." The action and the thought are in harmony.

Zhang Daruo acted with the intention of killing someone.

Then, she would subconsciously stab the knife into her abdomen, chest, neck, and face.

Because only in this way can one die, and achieve their inner goal!

But she didn't.

They even stabbed at his limbs!

This is absolutely impossible to kill anyone; at most, it could only cripple them.

The logic is completely flawed!

Although Xu De had not seen the surveillance footage, he could fully imagine Zhang Da's frenzied state when he took action, based on the police's account.

If a normal person goes mad, they would stab their limbs in order to kill someone.

"unless."

"He has mental problems!"

Xu De's eyes narrowed, and he made a decision.

See here.

Lin Yue's eyes twitched, and she was about to say something, but she couldn't say anything.

It simply proves that Zhang Da also has a mental illness.

If so, then the case could be described as having two completely different outcomes!

Why would you say that?

First of all.

First, think about just how problematic mental illness really is.

In a sense, this thing... is even more dangerous than a minor!

"Firstly, the law on mental illness, although it implicates the perpetrator but does not incur criminal liability, is feared by most in society." "But in the judicial process..."

"Mental illness belongs to a vulnerable group, on the same level as the elderly, children, pregnant women, and the disabled."

"He bullies you and is not criminally liable, but if you bully him, you are bullying a vulnerable group and should be dealt with severely."

Lin Yue fell into thought, first breaking down the mental illness law in her mind.

Clearly, even if this law were included in the game, it would be criticized as being excessive.

He can hit you, but you can't hit him.

Applying this to the current case.

Since Liu Fuguo took the initiative to bully the other party, he will most likely be exempt from liability.

And Zhang Da took the initiative to approach him... Well, even if the damage caused to both parties is the same, the punishment for Zhang Da, an adult, should be increased further than it would have been under normal circumstances!

But the words came back again.

As one anime character once said, you have to use magic to defeat magic!

The same applies in reality. If an adult commits a crime against a minor, then the punishment should be severe and severe.

However, this method is basically ineffective when it involves a minor fighting another minor.

and so.

Are both people mentally ill?

"Is it considered bullying a vulnerable group if mentally ill people bully other mentally ill people?"

"If so, then we must be strict and severe, but considering that the perpetrators are also a special group, we must be cautious in sentencing. One positive and one negative, they cancel each other out." Lin Yue's eyebrows twitched slightly.

Her mind began to ponder this tongue-twisting thought process.

Legally, people with mental illness are not entirely vulnerable, and unlike minors, their criminal liability is only revoked during an episode of illness. However, if it can be proven that Zhang Da is also mentally ill, the case will instantly open up a whole new space for debate!

only.....

She pondered for a moment, then finally spoke with suspicion:

"It's hard to say."

"Zhang Da's mental consciousness has not been interrupted."

"Just now in the meeting room, we also asked her if she remembered what she did during the time of the incident."

Zhang Da's answer was, "I remember."

Lin Yue shook her head.

"This disease... is different from conventional memory loss and confusion; it can be said that the individual's consciousness is very clear."

If mental illness can be addressed, that would naturally be good.

But then a problem arose.

When Zhang committed the crime, she was conscious and aware of what she was doing. Even now, she remembers everything that happened at the scene.

Xu De immediately shook his head in denial. After a moment's thought, he spoke up to refute it.

"In mental illness legislation, criminal liability is not determined by whether the individual is unconscious."

"It's based on whether or not one can control oneself!"

"The so-called loss of consciousness is merely evidence that one cannot control one's own information."

in other words.

Let's say you want to kill someone.

Your mind wants to kill, your spirit wants to kill, and your consciousness wants to kill.

Your actions did indeed kill the other party, and the memory of the killing remains, indicating that you were conscious during the killing.

So.

Based on the above, you are someone who needs to bear full criminal responsibility.

But that's not actually the case...

Even if you wanted to kill him, if the act of killing was committed when you lost control of your body, then... legally speaking...

They remain free of criminal liability!

"There is more than one type of mental illness; some illnesses affect the mind."

"For example, hysteria."

"It can cause people to fall into a corner of their mind and become extremely emotional, and these emotions can drive them to kill..." Xu De slowly began to speak, then paused before uttering a few words.

"Still not criminally liable."

"On par with being completely unconscious during the murder!"

Lin Yue's eyes twitched.

She stood up and circled around Xu De, her gaze sweeping over him.

"What?" Xu De asked suspiciously.

"It's nothing, I'm just curious how you know so many strange and unusual things..."

Lin Yue stood with her hands on her hips, looking at the other person with a face full of emotion.

The other party is a lawyer, so it's understandable that they know the law.

But how come you also know about the field of mental illness?!

That's weird.

"Because I am not a counterfeit true gentleman."

Xu De looked at the girl in front of him and gave her a gentle smile.

Lin Yue rolled her eyes, but she was already used to it and didn't bother to argue with the other person. After thinking for a moment, she said:

"So now...."

"Should we apply for a forensic psychiatric evaluation of Zhang Da?"

The identification of mental illness is different from that of DNA identification.

DNA is a purely objective, scientific, and unalterable piece of irrefutable evidence.

Mental illnesses are different.

This thing is just like tarot cards; if you ask someone else to analyze it, they'll give almost completely different opinions!

Therefore, only judicial institutions can conduct the appraisal, and any appraisal results provided by the institution itself are useless, not even as a reference.

"Is there CCTV footage at the Ninth General Hospital where the crime occurred?"

Xu De suddenly asked.

Lin Yue reached out and touched her fair chin, recalled for a moment, and nodded.

"have."

He then shook his head.

"However, we won't see that in the short term."

"The case is currently under investigation by the police, and we do not have the right to review the case files."

"Only after the case is transferred to the prosecutor's office will we have the right to view the evidence."

Xu De nodded, indicating that he understood.

They can apply to view the case, but depending on the sensitivity of the case, applications submitted during the investigation period will most likely be rejected.

But even so.

That's enough.

"Then let's wait for the prosecutor's office to file a public prosecution!"

Xu De nodded, confirming his goal.

As for the present situation...

He fell into thought, and after a long while, he said:

"Let's take stock of Liu Fuguo's harmful acts and try to steer the case towards a criminal defense case."

Theoretically speaking.

Women have unlimited right to self-defense when faced with violent assault during rape, and it is not unreasonable for them to kill their attacker.

But this is only in theory.

In reality, you must first constitute "defense" before you have the right to self-defense.

Zhang Da was the first to go to the hospital with a knife, and he was also the first to take action, threatening the other party's life.

Immediately afterward, he was threatened with aggression and stabbed the other party 17 times. Theoretically speaking... this is difficult to constitute self-defense unless the incident is broken down into two stages.

In other words, in the first half, Zhang Da threatened Liu Fuguo, who resisted, thus ending the threat; in the second half, Liu Fuguo threatened Zhang Da, who resisted again. Therefore, the second half constitutes self-defense, allowing for the use of a knife...

It is difficult to constitute self-defense.

In short.

Xu De took a deep breath and said:

"It's always good to have a few backup plans."

"it is good."

The two nodded and then went inside the police station to continue retrieving files.

Time flows on, the sun rises and sets, and this moment remains.

Everyone seemed to have pressed the accelerator button.

2 month 21 number.

The police have concluded their investigation. The case is simple, clear, and the evidence is sufficient and conclusive. Zhang Da has also cooperated well with the police.

In less than a week, the police had solved the case.

That day, the case completed its review phase and was transferred to the procuratorate.

2 month 23 day.

Sichuan ICD Municipal People's Procuratorate.

The assault case at the Ninth General Hospital has been assigned to Deng Shijie for handling.

Case distribution.

Several prosecutors were given authority and were given the power to conduct investigations in various locations.

3 month 1 day.

Good news has arrived.

Zhang Er's condition has improved slightly, and his overall condition is stable, ensuring his safety.

We are now just waiting for the other person, who has been in a coma for three months, to wake up!

At West China Hospital, the attending physician developed a comprehensive and long-term rehabilitation treatment plan for him.

The news reached Green Forest City.

Li Xiang, a police officer in Lusen City, was deeply moved.

He felt that Xu De still couldn't shake his habit of bullying others.

In Green Forest City, he bullied judges, prosecutors, and police officers. But when he went to Wutong City, even if Du Wei came, he would have to leave with a dark expression.

Arrived in Chengdu...

They've started bullying the doctor!

First, there was Liu Guofu, who was stabbed 17 times and turned into a hedgehog. Then there was Zhang Er, whose body was clearly stable, but whose consciousness was still not awake. Even a hospital as strong as West China Hospital had learned a lot. Several experts and professors got together and put forward many conjectures, but they could not find the cause, which made their already thinning hair even thinner.

Bullying everyone equally!

until..

3 month 8 day.

A car traveling from Haicheng to Chengdu drove off the highway and eventually stopped in the parking lot of West China Hospital.

Several people got out of the car and walked up to the hospital building while making a phone call.

Before long, Zhou Ning appeared beside him.

At the same time...

West China Hospital.

The first inpatient building, 11th floor.

"Sizzle!"

Zhu Jun News Network, intern reporter Zhang Miaomiao closed the door, walked out of the ward, sat on a chair in the corridor, and sighed deeply. "Sigh."

Zhang Miaomiao slumped into a chair, feeling very tired.

As a journalist, having ample time to cover breaking news is essential for promotion and salary increases.

But a pity.

However, her relative fell ill, causing her to shuttle between the hospital and her workplace.

Her colleagues from the same period have all been promoted and received raises, but she herself may soon be laid off...

"When will this ever end?"

"If I had the time, I should have been able to report on that news story about the Ninth Hospital..."

Zhang Miaomiao sighed.

But she didn't continue complaining. She stood up, rubbed her face, and turned to walk back to the ward.

But unexpectedly...

"Squeak~"

Two men in suits suddenly walked out of the ICU ward next door.

Zhang Miaomiao hadn't paid much attention at first, but...

The next second, the sound that reached her ears made Zhang Miaomiao suddenly stop what she was doing.

All I heard was...

"I'm assigning this case to Liu Fuguo. He was injured at the Ninth General Hospital. He's mentally ill, so you can..." "Attorney Zhou, I'd like to learn more about the opponent..."

Listening to the fragmented sounds around me.

Zhang Miaomiao paused slightly.

Liu Fuguo? Mentally ill?

A rape case in which the perpetrator was found not guilty flashed through her mind...

In a daze.

Zhang Miaomiao paused, then calmly sat back down in her chair, picked up the newspaper, and pretended to be a passerby.

The entrance to the ICU where Liu Guofu is located.

Zhou Ning and Fan He walked out of the ward and stood at the door. Zhou Ning looked at Fan He and said:

"Currently, this is the client's health condition."

"Having suffered 17 stab wounds in total and being unable to appear in court this year is a disadvantage for you."

"However, Liu Guofu is mentally ill and belongs to a vulnerable group in society."

Fan He is a lawyer from Haicheng, and the two are not from the same law firm.

Law firms can also establish cooperation with each other, and this cooperation involves transferring cases that they cannot handle due to the Lawyer's Code to each other.

The case of Liu Guofu is a case in point.

Zhou Ning has already taken on a defense case, so he cannot take on this case in Chengdu where he is the plaintiff, and no one else in the law firm can take it either.

then.

Fan He has arrived.

Elite lawyers in Haicheng!

"The defendant was fully aware that Liu Fuguo was mentally ill."

"She also chose to use a knife to harm others, which is bullying the vulnerable. You can target this point and find a breakthrough in the case," Zhou Ning said.

only....

Compared to case information.

Fan He was more concerned about something else.

"Where is the opposing lawyer?"

"Who is that defense lawyer?"