Lawyer: Start with legal retaliation against infidelity!

Subjective contradictions can indeed be deduced through objective chains of evidence.

But the words came back again.

Only when there are no inexplicable or reconcilable contradictions can a chain of evidence be used to determine subjective intent. For example...

You have a conflict with someone, and that person subsequently dies, but there's a small problem with the logic presented by the police and prosecutors.

For example, it cannot explain why no information about the weapon can be found on your site.

That alone is enough to block the other party's process of defining their subjective intentions.

Apart from that.

Even if the evidence points to different things, it's the same!

For example, if the evidence points to you violently killing someone, but you only pushed them, then the evidence does not match reality and still cannot constitute your subjective intent.

"first."

"Prosecutor, the contradictions and objective evidence you mentioned... do not imply that the defendant Zhang Dahui killed Liu Guofu!"

"At most, all the evidence points to the fact that the defendant, Zhang Yue, went to the Ninth General Hospital to see Liu Guofu."

"At this point, all the contradictions surrounding Green Forest City can no longer support the theory behind subsequent events!"

dock.

Xu De spoke slowly, his brain like the CPU of a high-end computer, constantly calculating.

The conflict in Green Forest City does not involve Zhang Yue potentially committing murder.

It's like you've had a verbal altercation with someone.

Could it be murder?

will not.

However, this evidence clearly shows that your argument escalated from verbal conflict to mutual insults or even physical violence. The conflict in Green Forest City cannot prove that Zhang Dahui would commit murder!

"In summary."

"The prosecution's rebuttal lacks factual basis. We do not believe that there is any 'intentional injury' or 'attempted murder' in this case!" Xu De shook his head, rejecting the other party's statement.

The words were spoken.

This time, the trial hadn't even begun.

The prosecutor's stand.

Prosecutor Wang An responded almost immediately:

"Defendant's lawyer."

"You may have misunderstood something. The prosecution did not determine the defendant's intent to kill based on the case in Midori City."

"But..."

"After arriving at the hospital!"

talking.

Prosecutor Wang paused, recalling the events in his mind, before speaking:

"The two sides have irreconcilable contradictions, but have not shown any intention to attack."

"This is only the first half of the objective chain of evidence!"

"And the second half..."

The chain of evidence is not limited to what happened before the incident.

Both during and after the crime can be compiled into evidence for the case!

Wang An was referring to the fact that the prosecution determined this to be "subjective intent" because it was revealed in the chain of evidence that the defendant, Zhang Da, went to the Ninth General Hospital.

That is to say...

"After a fierce conflict broke out between the two sides."

"The victim in the case, Liu Guofu, suffered 17 stab wounds!"

Wang An spoke in a deep voice, and as he spoke, he held up a piece of evidence in his hand, which was none other than the physical examination results provided by the hospital.

In addition to physical examinations.

There are also photos taken immediately after the incident, showing Liu Guofu's body riddled with stabs.

as well as......

Ward 611, the floor was covered in pools of blood!

"Seventeen stab wounds are enough to prove that the defendant, Zhang Yue, intended to kill!"

"His subjective intent was to commit murder, and also attempted murder!"

Wang An spoke slowly.

He paused for a moment, then suddenly changed the subject.

"You argue that this case constitutes 'legitimate self-defense'..."

"According to the Guiding Opinions on Justifiable Defense issued by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security"

Article 10 (Abuse of the right to self-defense, directly negating the nature of self-defense)

What is Article 10?

The original text is:

[For obviously minor unlawful infringements, if the perpetrator, while able to recognize the infringement, directly uses methods sufficient to cause death or serious injury to stop it, this should not be considered self-defense!]

If the above applies, then it is not excessive self-defense.

Instead, it directly denies the defensive nature of the act!

This means there is "intent," that is, intentional injury or intentional homicide.

"Based on Article 20 of the Criminal Law and Articles 10 and 12 of the Guiding Opinions on Justifiable Defense."

"Defensive actions must be directed against an ongoing unlawful infringement, and the means and intensity must be substantially equivalent to the infringement!"

The prosecutor's stand.

Prosecutor Wang An lowered his head, looked at the indictment in his hand, and began to read aloud all the relevant information.

"The defendant, Zhang Yue, committed a clear violation of regulations."

"First of all, in this case, the evidence presented by the surveillance footage is sufficient to demonstrate that a single stab could have stopped the attack."

On the first cut.

Liu Guofu wanted to run away. At that moment, he felt like a punctured balloon, all his strength and energy draining away, and he deflated. Then came the second and third cuts.

Three cuts.

From the surveillance camera's perspective, Liu Guofu was already lying on the ground.

"But the defendant stabbed her 14 more times!"

"The repeated attacks on vital areas after the attack had been stopped, with clearly excessive intensity, do not constitute self-defense and are sufficient proof that the perpetrator had the subjective intent to illegally deprive another person of their life, thus constituting the crime of intentional homicide!"

Prosecutor Wang An's eyes narrowed, but he did not stop speaking.

He said again:

"The defendant, having already demonstrated awareness of his surroundings and finding no need for self-defense, still inflicted serious injury; this should not be considered an act of self-defense!"

The criteria for excessive self-defense are very strict in order to prevent them from being abused.

During routine defense.

If someone hits you and then tries to run away, and you chase after them and fight them... that's considered mutual fighting.

Whether or not self-defense is necessary depends on whether the attack is still ongoing!

such as.

If someone beats you up and then stops hitting you because they're exhausted and are about to leave, kick them twice from behind.

This is a sure thing – a brawl.

But if...

When you resist, it's because the other person's bullying continues and they are putting pressure on you, then...

You then qualify for legitimate self-defense.

Although the victim, Liu Guofu, could not be seen by face in the surveillance footage, his physical condition, even if he had cataracts, was clearly visible. After the three stab wounds, he was lying on the ground, and the danger had passed.

In other words.

At this point, there was no longer any threat to Zhang Yue.

But the defendant, Zhang Yue, continued to stab him 14 times without any threat. What kind of behavior is that?

That was intentional!!!

"In summary."

"Whether it's the behavior, the contradictions, or the motives, the chain of evidence is sufficient to prove that the defendant, Zhang Yue, had the subjective intent to kill," Prosecutor Wang An stated truthfully.

His logic is very sharp.

Like a sharp scalpel, it revealed the most crucial and difficult aspects of this case to review.

The entire First Courtroom is large enough to accommodate nearly a thousand people.

After saying this, silence fell.

Yes.

The pursuit is the core element of the case!

If it weren't for the subsequent 14 stab wounds, the prosecutor would never have charged the other party with "attempted murder"!

Even if Zhang Guofu had died from the first three stab wounds, they would not have brought up intentional homicide.

At most, it constitutes intentional injury resulting in death!

If Xu De remains steadfast in his testimony despite only being charged with intentional injury, he might genuinely be found guilty of self-defense and acquitted. Perhaps even...

Even if they don't insist on self-defense.

Simply appealing to sympathy by claiming there were extenuating circumstances or special circumstances can, with the support of public opinion, lead the court to reluctantly sentence someone to five or six years, or even grant them probation!

But it just so happens.

Zhang Da added 14 more stabs!

A total of 17 stab wounds—the court and prosecutor's office cannot ignore this. If the verdict is flawed, countless others will follow suit! However...

but. ..

"objection!"

"We do not accept the evidence presented by the prosecution!"

In the dock.

Xu De rejected the offer without hesitation.

He reached out and held up a printed document, which prominently featured information about rape and the application of the right to unlimited self-defense.

"Based on Article 20, Paragraph 3 of the Criminal Law (Unlimited Right of Self-Defense)"

The original text reads: "Defensive actions taken against ongoing acts of violence such as murder, robbery, rape, kidnapping, and other serious crimes that endanger personal safety, resulting in injury or death to the perpetrator, do not constitute excessive self-defense and do not incur criminal liability."

talking.

Before the other party could speak, Xu De continued:

"The prosecution argues that the entire act of self-defense was broken down into 3 stabs and 14 stabs."

"But in reality... it's always only $17!"

What he said was a bit convoluted.

In summary, this was a continuous defensive maneuver, without interruption or pause; it was simply a matter of drawing a knife and stabbing forward 17 times after sensing danger.

It wasn't that three strikes could end the fight; after observing the situation, he added 14 more strikes.

In general...

"These 17 cuts are indiscriminate in nature and in any order!"

"Yes, it's just an instinctive defensive action taken after sensing a threat!"

talking.

Xu De paused, then changed the subject, suddenly relaxing his tone and slowly saying:

"The defendant was under the fear of rape, and her thinking, mental state, and behavior were not in accordance with the law. We cannot impose harsh conditions on her."

"If he really went there to kill..."

"So, these 17 stab wounds weren't in the abdomen or thighs, but in the neck!"

If the intention was to commit murder.

Let alone $17.

Three stabs to the throat were enough to kill Liu Guofu!

so..

"The injuries on Liu Guofu's body were irregular, illogical, and not deliberately aimed at any vital points."

"It's obvious."

"This was a self-defense action by a woman in a state of panic!"

"In conclusion, we believe that the defendant, Zhang Yue..."

Xu De spoke with a hint of firmness and undeniable conviction.

"It was absolutely not intentional homicide!"

After he finished speaking...

The scene was momentarily frozen, but then everyone seemed to understand.

Especially in the audience, most people clearly realized something, and their faces showed expressions of sudden realization.

In an instant.

Another murmur arose.

"By the way, the unlimited right of self-defense... was originally established because in emergency situations, it can cause confusion and anxiety in the person involved..." "If this is a continuous action without interruption... then it does seem to be within the boundaries of 'self-defense'."

"Self-defense? Really self-defense?"

In the audience.

At this moment, everyone felt as if logic had turned into fists, constantly beating their brains.

Objectively speaking, they felt that the prosecutor's words made sense, and Zhang Da did indeed have the subjective intent to kill. Their public opinion mainly revolved around Liu Guofu, and even the outside newspapers did not say that the other party did not have the subjective intent to kill.

but. ..

From Xu De's perspective, it seems like it was a matter of self-defense.

Just like in the Lijiacun case, the defendant Wang Qiang's actions from getting into the car to getting out were a continuous defensive maneuver!

even..

Apart from that.

The original intention behind establishing the "unlimited right of self-defense" was to address situations where one was unable to think things through in an emergency, leading to unintended serious consequences. What's the difference?

The case of No. 18 Middle School is the previous criminal case handled by Xu De.

In this case, the victim was a student who was bullied. Assuming the bully killed the victim in self-defense, it would be 100% excessive self-defense. Why?

Because "school bullying" is a very long and gradual issue, it gives you a very long time to think about it.

It was the unexpected event that occurred.

Crimes like robbery, rape, and sudden acts of violence are short-lived, giving people little time to think.

The body will instinctively defend itself, and without conscious thought, the strength of that defense naturally depends on your "subconscious"! This is the case with rape.

When faced with rape, the body will subconsciously resist to the greatest extent possible, taking priority over the brain's thinking.

If someone is killed during this process, it still falls within the limits of self-defense and is considered legitimate self-defense.

but. ..

can't stop.

Yes.

You cannot stop to think. Once you start thinking and come to your senses, and the other party has stopped their aggression, the crisis is over, and you must stop. That's why.

Xu De claimed that the 17 stab wounds were a continuous response to the sudden attack, not a series of 14 additional stabs after the initial 3. The former was legal, the latter illegal!

only..

"be opposed to!"

"The defendant's statements were completely taken out of context!"

Just as the atmosphere at the scene was becoming more and more immersive.

In a daze.

A voice suddenly came from the prosecutor's seat and the agent's seat.

Fan He, who had remained silent throughout, seemed to have seized an opportunity. He transformed into a sinister venomous snake and lunged at Xu De with a single bite!

"Case analysis shouldn't be like this. In this case, our client..."

"I have never raped him/her!!!"