Lawyer: Start with legal retaliation against infidelity!

Is 17 knife wounds considered legitimate self-defense?

What is this lawyer thinking? Does he genuinely believe this? Or is he simply trying to stall for time?

To be honest, after these words were spoken, even some members of the public in the courtroom hesitated and fell into thought.

But no matter what, I can't figure out what exactly constitutes legitimate self-defense.

In the trial area.

"The defendant."

The courtroom was silent for a few seconds, as if everyone was processing the words "self-defense." After a moment, everyone came to their senses.

Presiding Judge Meng Junfeng shifted his gaze to Xu De and began to speak:

"Please continue."

The words were spoken.

Xu De nodded, and without any further hesitation, launched his first counterattack in this case!

"First, what is self-defense? In general, it is defense and self-defense, that is, the existence of a danger that threatens one's own safety." "In this case, the incident can be divided into two parts."

"First, the defendant Zhang Yue (Zhang Da) went to the Ninth Hospital to illegally collect evidence."

"First, that is, the turning point in the case."

"The injured party, Liu Guofu, has regained his footing and begun to harm the defendant, Zhang Yue, which is an imminent act of rape!"

"By breaking it down, it's clear that Zhang Yue was experiencing the threat of rape at this moment..."

A case is very complex.

for example.

A thief breaks into your house to steal, but you stop him during the theft. Then, you are overcome by lust and lock the thief in the basement.

Then the needle was used to violate him.

So, if the thief is a criminal, is your behavior a crime?

Yes!

That's right, a crime is a crime, even if you're targeting a lawbreaker or violator.

You call it punishment? Only official judicial bodies have the authority to adjudicate any form of punishment.

And this time.

What if the thief resists?

Is it possible that because one is a lawbreaker, one cannot resist?

will not!

First, although he committed theft, the harm he suffered objectively did exist, and he was not deprived of his political rights or adjudicated, from a legal perspective.

Although he was the one who broke the law and violated discipline first, he could still achieve "defense" after taking action.

"The same applies!"

"During the period of the incident, the harm suffered by the defendant Zhang Yue was objective, not fabricated, and was real!" "On February 18, the victim Liu Guofu violently assaulted Zhang Yue at the Ninth General Hospital, attempting to rape her." "In the law, rape belongs to the highest level of 'violent assault'."

"According to Article 20, Paragraph 3 of the Criminal Law, regarding the division of the right of self-defense, it can be clearly seen..." he said.

Xu De paused, his gaze sweeping over both sides of the prosecution table, noticing Fan He's furrowed brow and the prosecutor's thoughtful expression.

He uttered a few words.

"At the time, the defendant in this case, Zhang Yue, possessed... 'unlimited right of self-defense'!"

"We believe that the defendant, Zhang Yue, did not intentionally cause harm; she was exercising her right to self-defense!"

"In summary."

The so-called "attempted murder" and "intentional injury" do not exist.

"Both of these are acts of self-defense taken when exercising the unlimited right of self-defense, and are by no means acts of harm!"

Unlimited right to self-defense resulting from rape?

Exercising the right to self-defense!?

After saying that, Xu De shut his mouth and stopped talking.

But his silence doesn't mean the audience in the audience is silent!

Hearing seat.

A commotion erupted among the crowd, who could no longer help but whisper among themselves, and the noise gradually filled the audience.

"Rape? This case... it's not just about the defendant seeking out the plaintiff and causing harm, there's also rape!?"

"Hmm, it seems like some newspapers have reported it, but basically nobody believes it..."

"Has Liu Guofu gone mad? How could he dare to do that?!"

"How should this be classified? Was it truly self-defense? From a moral standpoint, I'm willing to support self-defense, but from a rational and objective perspective, something seems off."

The group whispered amongst themselves, their brows furrowed.

Very little information about this case has been released; they can only learn about the background from newspapers.

In other words, Zhang Da went to the Ninth General Hospital with a knife, and a conflict ensued. Ultimately, Liu Guofu was stabbed 17 times, resulting in serious injuries and being assessed as having a level four disability... possibly even a level five disability!

However, most newspapers have never mentioned that Liu Guofu committed rape before the 17 knife attack!

That's a hospital, you know...

Liu Guofu is also involved in two other cases: a rape case in Chengdu and a rape case in Lusen City.

There are even surveillance cameras in the hospital wards. If the other party really did it in the hospital, it is almost 100% certain that the other party was not having an episode at all. Even if they have a mental illness, the act of assault was definitely committed while they were sober!

The three cases combined... would likely result in at least ten years, and given the significant social harm they cause, there's a high probability they'll face lifelong compulsory medical treatment. Therefore, logically speaking, one should avoid committing crimes if possible.

But Liu Guofu still chose to rape her!

"What is this person thinking?!"

Finally, someone in the audience couldn't help but show surprise on their face, and for a long time they couldn't understand what was going on in their mind.

"To take such a risk to commit rape!?"

"That's not necessarily true. There's no reason to do something like that..."

"There's no reason for a defense attorney to say something so easily exposed!"

"Shh, didn't you see the judge didn't have any objections..."

The scene began to stir.

The reporter, Zhang Miaomiao, frowned, clearly deep in thought.

Trial.

At this moment, Judge Meng Junfeng noticed the commotion in the audience. He took a slight breath and then drew his hammer, which symbolized the law.

"Bang! Bang!"

He held the gavel and struck it on the table, making a crisp sound.

"Silence! Silence!"

A sound echoed throughout the courtroom, radiating outwards from him.

As the sound spread, the entire First Courtroom gradually fell silent, becoming completely quiet.

See here.

Judge Meng Junfeng pondered for a moment, then turned his head to look at the prosecution seat.

He then said in a deep voice:

"Prosecutor, regarding the statements made by the aforementioned defendants..."

Do you have any objections to state?

objection?

There are definitely objections!

On the prosecutor's bench.

"Justifiable defense...tsk, good angle. There was indeed 'suspected rape' in the middle of the incident. If it was rape, then the defendant definitely suffered the highest level of violence..."

"The right to unlimited self-defense thus emerged."

The prosecutors lowered their heads and exchanged a few words in hushed tones.

It's a pity.

"objection!"

Prosecutor Deng Shijie began, glancing up at Deng Shijie seated high on the judge's bench, and said in a deep voice:

"Your Honor, judges, and members of the audience."

"Our statement about 'intentional crime'..."

"According to the Supreme People's Procuratorate's provisions on evidence in cases, determining a person's chain of subjective intent requires an objective perspective... that is, the chain of 'motive → premeditation → means → indifference/desire for death' must be closed."

to be frank.

Some people may have had some rather naive ideas.

What are your thoughts?

You have a grudge against someone, and then you deliberately kill him, but you stubbornly refuse to admit it.

That's right, no matter what the police say to you, you won't admit to killing anyone, let alone intentionally killing anyone.

Do you think that those stupid criminals were convicted of intentional homicide because they confessed?

You feel that such subjective judgments can only lead to accusations if one confesses.

So, as long as you don't say anything and deny it to the death, there's no "intentional" intent, right?

Useless.

Actually, this point is... quite useless.

The prosecution and the law do consider the defendant's testimony when determining whether a case constitutes intentional crime, but it's not the only factor. What else is involved?

"A chain of subjective intent!"

First, consider whether you have a conflict with the other party, whether there is a motive for murder, and whether there was a premeditated method of murder.

And, after you carried out this method...did you intentionally cause his death?

"First, regarding this case, the contradictions and motivations of the defendant, Zhang Yue..."

A voice came from the prosecutor's seat.

Prosecutor Wang An, taking over from Deng Shijie, spoke slowly, paused, and then changed the subject:

"The conflict between the two sides took place in Nghe Sen City, Thanh Wu Province, more than 1,700 kilometers away."

"The victim, Liu Guofu, committed an attempted rape in Lusen City on December 30, 2002, the night before Lunar New Year's Eve." "In the case, Liu Guofu claimed that he was suffering from mental illness and could not control himself, which led to him raping Liu and Zhang." "The case was concluded as attempted rape."

"However, the conflict between the two sides escalated at the scene of the crime, and Liu Guofu attacked one of the victims. The victim in the case..." "As of April 1st, he has not yet woken up!"

"Subsequently, in Liu Guofu's statement, he claimed to be ill, attempting to evade legal responsibility and even alter the initial statement of the case." "Among them, the victim, Zhang..."

talking.

Wang paused, his tone lowering several degrees.

He was clearly under immense psychological pressure, and at this moment he said in a deep voice:

"She is the defendant Zhang Yue's sister!"

"In summary...."

The conflict and motive have been fully formed, and there is now a clear intent to harm, intentional injury, and near-fatal consequences...

In fact, it wasn't just a near-death experience; anyone else would have definitely died!

The fact that Liu Guofu is still alive doesn't mean Zhang Yue was lenient with him.

It was simply three top-notch medical teams, with several expert professors working in shifts, that managed to pull Liu Guofu back from the brink of death. It was due to their exceptional medical skills, not Zhang Da's reluctance to intervene!

This is the end.

An objective chain of evidence has been established, which is sufficient to determine their subjective attitude.

"At the same time, combine the objective evidence of the case."

"The defendant in this case...constituted an act of 'intentional injury' with clear intent and decisive action!"

"Based on Liu Guofu's injury assessment, the defendant Zhang Yue... clearly committed 'attempted intentional homicide'!"

Prosecutor Wang An began to speak slowly.

His words were logical and well-founded.

Whether citing classical texts or providing objective analysis of relevant cases, the logic is meticulous and self-consistent.

Even those in the audience completely unaware of the Midori City case could understand what had transpired in the past six months from these brief words. Therefore...

Hearing seat.

"There was a motive and a conflict, as well as actual acts of harm, and the subsequent excessive 17 stab wounds..."

Reporter Zhang Miaomiao showed a look of hesitation.

If we look at it this way...

Zhang Yue did indeed intend to kill someone; it was purely an attempted murder.

It wasn't just him.

Hearing seat.

Hundreds of people fell silent, holding their breath, their expressions serious, their eyes narrowed, focusing their gaze on the trial area as they watched quietly. "Our statement is complete."

Prosecutor Wang An took his seat at the prosecutor's table.

Seeing this scene.

In the dock, the three defendants had slightly furrowed brows.

Qian Hao, dressed in a suit, felt a little uneasy.

"This person's logic is a bit too strong... He can clearly describe his claims and supporting evidence in just a few sentences, and even mention evidence in the process... Prosecutors are not easy to deal with."

Once the other party's strength reaches that of the municipal procuratorate, then... any prosecutor randomly picked and placed in society would at least be a top-tier lawyer! Not to mention Chengdu, although it is not as developed as it will be in later years, its personnel and capabilities are by no means inferior.

"He's got something."

Xu De also pondered for a moment.

But the next moment, words of rebuttal instantly came to his mind.

Trial.

The three judges whispered among themselves.

"The case in Lusen City has not yet been adjudicated. Liu Guofu was not convicted of rape while he was still of sound mind, so..."

"How is it determined?"

The three of them were talking to each other.

First of all, Zhang Da did indeed provide a voice recorder.

The recording pen contained evidence that could prove Liu Fuqiang was not in a state of mental illness when he raped the woman.

But then a problem arose.

Evidence is necessary!

Only when it is used can it be considered a judgment and "ironclad evidence"!

If you don't use it, then the other person's identity will remain that of a mentally ill person committing an episode.

Let the presiding judge, Meng Junfeng, make the final judgment? No, putting aside the fact that he doesn't have the authority, the case itself... the Green Forest City case hasn't even gone to trial yet! Without a trial and a verdict, Liu Guofu will continue to be treated as a "mentally ill person" in the short term.

If this is the case, it would be a disadvantage for the defendant, and could be considered evidence of Zhang Da's intentional homicide.

It was precisely because the other party was mentally ill that she was willing to take "vigilante justice"!

"Let's continue the trial."

a long time.

Presiding Judge Meng Junfeng turned to look at the defendant, pondered for a moment, and then asked in a deep voice:

"Defendant, do you have anything to say?"

Almost the instant those words were spoken.

A voice immediately came from the defendant's dock.

"objection!"

"Your Honor, we have clear objections to raise!"

All that could be seen was the defendant's seat.

Xu De suddenly spoke, and before Meng Junfeng could ask, he immediately said:

"Based on Article 104 of the Supreme People's Court's Interpretation of the Criminal Procedure Law."

The original text states: "Only evidence that is intrinsically linked, points to the same fact to be proven, and contains no irresolvable contradictions or inexplicable doubts can be used as the basis for a verdict."

For example.

Evidence needs to be closely linked.

For example: there was a conflict, but the action was pushing and shoving that led to the other person's death, not stabbing a vital organ, so it does not constitute intentional homicide.

Thus, a situation arises where there is conflict and motive that leads to death, but it is not considered intentional homicide!

Applying this to the case at hand, it would be...

"There are indeed conflicts between the two sides."

"But contradiction ≠ intent to kill!"

"If we're really going to talk about it, the conflict that occurred in Green Forest City, as you said, is the reason why Zhang Da approached Liu Guofu."

"Not the objective chain of evidence for murder!!!"