Lawyer: Start with legal retaliation against infidelity!

"Everyone stand up!"

As the court clerk's voice echoed through the courtroom, everyone in the First Courtroom instinctively stood up.

then.

Three upright judges in their robes appeared, exuding a serious aura.

They walked toward the trial, and the courtroom was unusually quiet as they walked.

"Meng Junfeng, Level 3 Grand Justice, Chief Judge of the Criminal Division."

"Lu Jun, Deputy Chief Judge of the Criminal Court."

"Ma Youxin, Deputy Chief Judge of the Criminal Court... Three chief judges for one assault case, that's quite a high-level setup!"

under.

Sister Wu muttered something under her breath, her heart filled with solemnity.

If someone dies in this case, I'm afraid the president of the intermediate court will personally come to try it!

"Sizzle!"

At the trial.

The three presiding judges sat in chairs symbolizing fairness and impartiality.

Behind their necks, on the wall, hung a French emblem, engraved with scales, ears of wheat, and a gear!

Below the emblem of law.

Presiding Judge Meng Junfeng looked around and asked in a deep voice:

"Prosecutor and defendant, are you ready?"

Prosecutor Deng Shijie nodded and said, "We are ready."

"Be prepared for court proceedings at any time," Fan He said.

dock.

Lin Yue nodded in response, "The court can proceed."

Everything is ready, so...

Meng Junfeng paused for a moment, then raised the exquisitely crafted gavel, which was less than the length of his forearm, high in the air.

"Bang!"

The gavel fell, its crisp sound echoing throughout the courtroom.

"Bring the defendant to court!" a voice announced.

The bailiffs around immediately took action.

Not long after.

A familiar figure appeared—it was Zhang Da!

at this time.

Zhang Da was wearing a uniform, his hands were handcuffed, and two bailiffs stood behind him, silently heading towards the trial.

"clatter."

Zhang Da took his place, pausing in the defendant's dock.

Meng Junfeng didn't look at her; instead, he lowered his head and said coldly:

"The defendant, Zhang Yue (Zhang Da), female, 18 years old, born on November 1, 1984... right?" Zhang Da lowered her head and remained silent for a long time before nodding.

"Um."

His voice was barely audible.

Meng Junfeng nodded, not paying attention to the other party's reply. Instead, he paused slightly, then his gaze sharpened.

All three parties are ready.

The defendant is already in court awaiting trial, so now...

"This case was prosecuted by the CD City People's Procuratorate, which accused the defendant Zhang Yue of intentional injury and attempted murder, resulting in the victim Liu Guofu being seriously injured and near death. The prosecution was initiated by the procuratorate on February 23, 2003."

"In accordance with relevant regulations, the case will be heard by the First Criminal Trial Division of the Intermediate People's Court of CD City."

"This case will be presided over by Judge Meng Junfeng..."

"Now, it is announced that this case..."

As Meng Junfeng spoke, he paused, then grasped the gavel in his right hand and raised it high.

The next second...,

"Snapped!"

The crisp sound echoed throughout the courtroom.

"Court is in session!"

"The trial has begun!"

The instant he finished speaking, an invisible aura emanated from him, spreading outwards and enveloping everyone, giving them a jolt! The court session began...

This conflict of cause and effect can be traced back to December 30th, the night before Chinese New Year's Eve, and it has finally gone to trial on April 1st! Presiding Judge Meng Junfeng did not hesitate and turned to look at the prosecution.

"Prosecutor, please read the indictment!"

In the prosecutor's seat, everyone nodded.

Female prosecutor Liu Xi stood up, holding the indictment in her hand, and began to speak:

"Your Honorable Presiding Judge, Your Honors, and Your Honors in the Audience."

"I am Liu Xi, the prosecutor in charge of the public prosecution. Next, on behalf of the public prosecution, I will state the crimes committed by the defendant Zhang Yue."

The words were spoken.

Liu Xi paused for a moment, then continued:

"The defendant, Zhang Yue, is 18 years old. She was arrested at 4:30 a.m. on February 18, 2003."

"Upon review and investigation by this court, it has been established that there was a clear and irreconcilable conflict between the defendant Zhang Yue and the victim Liu Guofu." "On the day of the incident, the defendant Zhang Yue, without being coerced by anyone, went to the 'Ninth General Hospital' and found the victim Liu Guofu." Liu Xi looked at the indictment in his hand and said in a deep voice:

"During the conversation, the defendant Zhang Yue took the initiative to control the victim Liu Guofu by threatening him."

"Then, Liu Guofu launched a counterattack in self-defense, but then went too far in self-defense and began to harm the defendant Zhang Yue."

"But then..."

"The defendant, Zhang Yue, stabbed herself a total of 17 times in various parts of her body with a knife!"

$17!?

As soon as he finished speaking, the audience erupted in uproar.

Previously, no newspaper had provided detailed information about Liu Guofu's injuries; most reports were based on speculation from hospital sources.

Most people don't really believe it, after all, how could someone survive on $17?

Moreover, if Zhang Dayao was trying to protect himself, why would he stab someone 17 times?

but. .

These words, however, were spoken by the prosecutor himself.

They had no choice but to believe it!

"Seventeen cuts? It really was seventeen!"

"This...this was an attempt to kill, wasn't it? If it were just a simple attempted rape, stabbing someone 17 times would be one thing, just intentional injury. But there was clearly a conflict between the two parties, so this..."

"The defendant is in a tough spot... Sigh, he's only 18, still just a child..."

A slight commotion arose in the audience.

Even reporter Zhang Miaomiao couldn't help but sigh and shake her head, then fell silent, unsure of what to say.

The court proceedings did not cease despite the disturbance.

During the trial, Liu Xi's clear voice resonated in everyone's ears.

"Based on the above."

"The defendant in this case, Zhang Yue, clearly committed the crime of intentional injury under Article 234 of the Criminal Law."

"And its subjective elements constitute Article 232 of the Criminal Law... 'Intentional homicide,' while its objective elements are attempted intentional homicide! Intentional injury?"

Attempted murder?

The contents of the indictment were laid down.

The scene erupted in uproar.

Two laws? Two felony charges!

Does it exist?

It exists, but we won't just look at one behavior; rather, we'll consider multiple behaviors within a single case.

For example, Zhang Da's intentional injury refers to the act of tightly gripping the other person's neck with both hands after arriving at the hospital.

The other person was not strong, so in order to control him, he initially used a lot of force, and clear marks could be seen on his neck.

Attempted murder.

Most people probably haven't thought about the difference between attempted murder and intentional homicide.

After all, one committed murder and the other did not; theoretically, there should be a difference, right?

But in reality...

These two crimes are no different!

That's right, there is no difference between attempted murder and murder in terms of law. The only difference is the sentencing. Attempted murder will be sentenced less or lighter.

Why is this happening?

for example.

Suppose someone intends to commit murder, points a gun at another person, pulls the trigger, and the bullet hits the person in the head.

Is the responsibility he bears the same as that of intentional homicide? Whether psychologically or in terms of bearing the consequences, he clearly knew he was committing murder. Therefore, his subjective intent to commit a crime has already been established.

Even if the victim doesn't die, when committing the crime or being injured, the perpetrator is under pressure to kill, and has truly decided to kill! That's how it is.

Attempted murder generally refers to a case where the defendant survives.

The fact that the defendant survived does not change the objective fact that the other party intended to kill when committing the crime!

"Attempted murder? Shouldn't it only be intentional injury!?"

"Sigh, 17 stabs... 17 stabs definitely isn't intentional assault. Any normal person could see that this was intended to kill." "Don't even mention 17 stabs, even just a fraction of the wounds would probably be enough to convict someone of intentional homicide..."

"The attempted murder was purely due to Liu Guofu's good luck."

In the trial area, a few people in the front row sighed and whispered among themselves.

Objectively speaking, 17 stabs exceeded the limit of harm; it was clearly intended to kill.

Therefore, it is reasonable for the prosecutor's office to file a charge of attempted murder.

The prosecutor's stand.

Agent's seat.

"Attempted murder...is equivalent to intentional homicide!"

Fan He muttered to himself, then raised his head and looked at Xu De in the defendant's seat, a hint of amusement on his face.

The reason Liu Guofu didn't die was purely due to the doctor's excellent skills.

But that doesn't mean Zhang Da's actions weren't worthy of death!

If it were someone else, or a different hospital, 17 stabs, even with a dull knife, would be enough to kill the victim three times over. Even so, on average, one would have to be stabbed six times to die.

It can be said.

Subjectively, Zhang Da had already committed intentional homicide, but objectively, Liu Guofu was still alive, which led to the use of the word "attempted".

Thinking of this, Fan He looked at the prosecutor in the public prosecution seat.

"The defendant's crime is clear, and the evidence is conclusive and sufficient!"

"This court has initiated a public prosecution in accordance with the law, and requests the court to sentence the defendant."

Prosecutor Liu Xi began.

"Sentenced according to the law!!!"

Almost the instant Liu Xi finished speaking.

Fan He suddenly spoke up:

"Your Honor, we have something to say."

Inside the First Courtroom, everyone paused slightly.

During the trial, Meng Junfeng turned to look at him, pondered for a moment, and then spoke:

"Please speak, legal representative of the victim."

The words were spoken.

Fan He pondered for a moment, then took a deep breath and said:

"Your Honor, jurors, it is clear that the victim in this case is not present at this court hearing."

"Two months have passed since the incident, and our victim is still unable to stand up, lacking even the most basic self-care abilities..." Liu Guofu was not present at the scene.

Yan Fei didn't come either, because Liu Guofu is now unable to even get out of bed.

Of course, the court does not require the other party to come.

However, that was not Fan He's purpose.

Instead...

"presiding judge!"

Article 23 of the Criminal Law, concerning "attempts," explicitly states: "Attempts may be subject to a lighter or reduced penalty compared to completed attempts, but a lighter penalty is not mandatory!"

Fan He spoke, something he hadn't prepared for beforehand; it was purely improvisation.

Yet it is still extremely deadly!

"Among them, [those with cruel methods and extremely serious consequences should not be treated leniently!]"

Attempt or completion does not affect whether a crime is established; it only affects the sentencing.

However... this does not mean that all attempted crimes can be mitigated!

As Fan He stated, if some cases are extremely serious and the consequences are difficult to estimate, they can still be adjudicated and tried normally without any leniency. However, in this case...

"Our client, the victim in this case, Liu Guofu, suffered 17 stab wounds, with clear damage to multiple organs including his intestines, kidneys, and liver!" "One of his kidneys is unable to function, and the other kidney is also damaged."

"The intestines were disturbed, and part of the intestines were removed subsequently..."

"According to hospital tests, even if the victim, Liu Guofu, is out of danger and his physical condition stabilizes, he will still suffer irreversible and serious damage!"

"According to Article 23 of the Criminal Law, in practical application..."

"Generally speaking, according to the classification of the degree of disability caused by bodily injury, if the injury results in a level six disability, the severity will not be reduced."

"And our representative, Liu Guofu..."

Fan He spoke in a deep voice.

"He has a level four disability!"

"Severe organ loss, severe functional impairment, and largely unable to care for oneself!"

The moment the words were spoken.

The entire First Court.

The crowd erupted in uproar.

To be honest, the outside world has never had a clear understanding of the specific injuries and disabilities suffered by Liu Guofu. They only know that he was stabbed 17 times and survived, but they don't know the actual situation.

But right now...

Level 4 Disability?

No, it's at least level four!

Kidney problems alone are enough to qualify for a level four disability rating, and even a level three disability rating is not impossible!

Multiple factors combined... even if the trial were based solely on intentional injury, it could potentially lead to a life sentence or even the death penalty! (From the hearing panel.)

Upon hearing this, everyone frowned.

"This...this is his own fault!"

Zhang Miaomiao took a deep breath, her face pale.

He brought it upon himself... He truly brought it upon himself.

But this is a courtroom.

There is no such thing as reaping what you sow. All private harm is a crime, and any crime must be tried in public!

"Shh, keep watching."

Sister Wu took a deep breath and said in a low voice.

At the trial.

"Your Honor, we have finished our presentation."

Fan He slowly closed his mouth, then took a sip of tea, a relaxed expression on his face.

Yan Fei demanded that they sign a letter of understanding... Ha, how can they obediently sign a letter of understanding without putting any pressure on the other party?

He only mentioned the victim's injuries; was that useful?

it works!

His move was actually quite cunning.

The injury was used to erase the word "attempted" in the case of intentional homicide.

If it can be offset, then it will be judged as intentional homicide!

It was an extremely heinous act of intentional homicide that caused exceptionally serious consequences!

Life imprisonment?

The death penalty is a possibility!

"Prosecution, do you have anything to add?"

At the trial.

Presiding Judge Meng Junfeng frowned and began to continue his questioning as usual.

Several prosecutors at the prosecution table shook their heads. "We have already read out the indictment."

The indictment is an accusation; the accusation is what they have to say, and once they've said it, there's nothing more.

Presiding Judge Meng Junfeng paused for a moment, then turned to look at the defendant's dock.

His eyes narrowed, and he spoke:

"Defendant, regarding the aforementioned charges, do you... have anything to say?"

dock.

The three of them frowned at this moment.

"This person reacts quickly and has a sharp mind..."

Qian Wu said something in a low voice, then fell silent, his brows furrowed.

Although the two parties are reproductively isolated and are not the same species, the same laws were applied. Fan He struck at the heart of the matter, grasping the defendant's Achilles' heel, namely...

Injury!

"How so?" Lin Yue asked, inquiring about her attitude.

After a moment's thought, Xu De's eyes narrowed, and he uttered four words.

"Play to your strengths and avoid your weaknesses!"

There's a saying that goes something like that.

Emphasize the facts when they are in your favor.

Emphasize the rules when they are in your favor!

When facts and rules are not on your side, then emphasize society and morality!

The injuries were serious; that was a given fact. Xu De wouldn't argue against it, lest he fall into the trap of self-incrimination and sink deeper into the charge of "intentional homicide." What he needed to do was...

Ignore the other party.

Let's go with the "you do your thing, I'll do mine" approach!

Thinking of this.

Xu De did not hesitate, raised his head, looked at the judge, and said:

"Your Honor, in this case, we do not believe there is any 'attempted murder'!"

"The '17 stab wounds' alleged in the prosecution's indictment are not murder, but rather..."

"justifiable defense!"

After the Lijiacun case, no one understood the meaning of legitimate self-defense better than Xu De!

Even if it's difficult to determine self-defense in this case, it still needs to be said that, at the very least, the motive should be changed to "self-defense," turning intentional homicide into excessive self-defense.

He is experienced.

If this happened in Lusen City, the court and prosecutors might have been somewhat understanding. But in the current context, in Chengdu, Sichuan, which hasn't yet been impacted by the Lijiacun case...

"Just...self-defense!?"

In an instant.

Not to mention the trial area, even the audience members were all stunned, and then their eyes twitched.

justifiable defense?

One or two stabs can indeed trigger the "unlimited right of self-defense," which is considered legitimate self-defense.

Even if it's 3 or 4 cuts, it's not impossible to argue.

but. .

$17!

That's a whopping 17 dollars!!

Holding a weapon, stabbing an unarmed person 17 times, and they can claim it's self-defense?!?

P.S.: I have a fever, it's from the air conditioning. My head is foggy, and my eyes feel like they're covered with a layer of fog, I can't open them. I'm taking one chapter off today, but I'll post 12,000 words as usual tomorrow.