Lawyer: Start with legal retaliation against infidelity!

Crimes committed by the mentally ill... no, or rather, crimes committed by the mentally ill through various means are not illegal.

This statement is theoretically wrong, but it is not entirely wrong either, as it aligns with the public's understanding of mental illness.

What went wrong?

Mentally ill people commit crimes and are breaking the law!

If Liu Guofu's rape is not illegal, then the case in Chengdu would not even be tried, let alone be filed!

So, mentally ill people can break the law, but the bug in that... they don't have to bear criminal responsibility!

That's right, the problem lies in the fact that mentally ill people can break the law without facing any consequences.

Liu Guofu...

During the first rape, he committed the crime of attempted rape. The second time, in Green Forest City, he also violated the law, but he tried to evade the charges in both cases by citing the mental illness law.

And this is the third time!

"presiding judge."

"In the eyes of our client, undressing is not an act of rape."

"It's about self-preservation!"

"His behavior was chaotic and his cognition was flawed. Although, objectively speaking... this wouldn't be accepted by the judiciary, but..." "The law clearly stipulates the existence of a 'age perspective' as a reference!"

Fan He stood up.

He ignored the countless angry stares, turned his head, and focused his gaze on the trial.

He opened his mouth, his chest resonated, and a sound came out.

"In this case, the plaintiff's series of actions..."

"It should be viewed from the perspective of someone with a mental illness!"

Common sense can influence a person's normal behavior.

For example, in a popular comparison between China and the West that emerged later, people from the East couldn't understand why they needed loans to buy groceries and even for lunch.

Because this concept simply doesn't exist in our understanding.

The same reason.

The same applies to mental illnesses. Their common sense and concepts differ from those of ordinary people, so they cannot be judged harshly from the perspective of ordinary people.

We need to adopt an "age-appropriate perspective"!

In other words, it means to think from the perspective of the person involved, using their physical condition and common sense to make a decision!

That concludes my statement.

Fan He nodded slightly and then sat down.

After saying that...

A commotion erupted from the audience... an uncontrollable commotion!

"Mental illness? What kind of mental illness would lead to rape!?"

"Continuous actions... From the perspective of the case, a controlling behavior does seem to simultaneously address both self-preservation and rape, with self-preservation taking a very high priority..."

"Wait... why are they still bringing up mental illness? Isn't this a lawsuit? Does mental illness really mean someone can do whatever they want?!" "Tearing clothes is self-defense... they've really lost all sense of shame!"

Whispers arose from the audience.

This time, he was clearly angry, and his voice even carried upstairs.

Presiding Judge Meng Junfeng picked up the gavel and slammed it hard on the table.

"Bang! Bang!"

As the crisp sound of the knocking rang out, Meng Junfeng's voice also appeared.

"Silence! Silence!"

The sound rose and spread in all directions, and the scene gradually quieted down.

But judging from the angry looks in the audience's eyes and the somber expressions on their faces, their emotions were clearly still there.

Mental illness is often criticized.

The problem isn't with mental illness itself, but with some people using it as an excuse to absolve themselves!

This law has already drawn considerable discontent, especially in areas where similar cases have occurred, where locals strongly desire its removal. (This is according to the defense attorney.)

"Does your side wish to make a statement?"

Presiding Judge Meng Junfeng turned his head and focused his gaze on Xu De.

"Do you need some time?"

"have!"

Xu De spoke without hesitation.

"No need for a recess, we have something to say!"

Have?

As soon as the word was uttered, astonishment appeared on the faces of everyone in the trial area.

Even the prosecutors on the public prosecution panel were slightly taken aback.

In their eyes, Fan He's words were both logically autonomous and formed a natural defensive barrier.

There's absolutely no way to refute it!

You say it's rape, but people say it's a mentally ill act stemming from a lack of common sense.

You say it was self-defense, but Fan He says there was no act of harm whatsoever.

What remains is the stark reality of Zhang Yue's (Zhang Da's) intentional homicide case. Instead of discussing it calmly... a lead was instantly found? "This..."

Presiding Judge Meng Junfeng paused slightly, then nodded:

"Defendant, please state your case."

The moment the words were spoken.

Without the slightest hesitation, Xu De's eyes instantly swept over Fan He. He stared intently at the other man and suddenly spoke:

"agent."

"We have a few questions for you."

"Based on your statements above, do you believe that Liu Guofu's mental illness is extremely severe? That his condition has impaired his daily cognitive abilities?!" Severe enough to impair cognitive abilities...

Lawyer Fan He paused slightly.

He lowered his head and briefly discussed the matter with his team of two lawyers, ultimately unsure of the purpose of their question, so he simply said:

"It hasn't had a complete impact; only in certain special circumstances will it affect common sense."

Upon hearing this...

Xu De nodded, then stood up, looked around, and spoke in a calm and unhurried tone.

"First of all, I want to say this."

"The threat is an objective reality."

According to Article 42 of the Public Security Administration Punishment Law, the original text clearly stipulates: "Threatening another person's personal safety shall be assessed based on whether the objective behavior causes the other person to experience real fear!"

for example.

Now a mentally ill person is walking towards you, holding a knife in his hand.

In this mentally ill person's mind, the way he "plays" with you is by stabbing you a few times.

So, in this case of cognitive error...

Does that mean that if someone stabs you with a knife, you can't fight back?

You can resist.

Because, in terms of whether a threat exists, the judiciary is very pragmatic. While subjective factors can reduce the perceived threat level, whether a threat exists must be determined objectively!

"The opposing lawyer, Attorney Fan, is right. We need to look at the case from the perspective of the 'age-appropriate'."

"But you can't just apply your own perspective to Liu Guofu, the person in question!"

"What about Zhang Yue, who possesses common sense for a short period of time?"

Xu De did not talk to the other party about his illness for a short time.

His mind works very quickly; he immediately grasped two key points and was the first to utter one of them.

"A middle-aged strong man weighing over 200 pounds."

"He pressed himself against you and started tearing off his clothes. I need to stop..."

"From an objective standpoint, is there any threat?"

"Especially from a pragmatic perspective, this middle-aged man also committed two or three acts of rape!"

"Does this constitute a threat?"

this.

As soon as he finished speaking, Fan He frowned as he sat in the proxy seat.

If there is an objective threat, then Zhang Yue can defend herself and retaliate from that objective perspective.

As Fan He previously stated, if it were a defense, it would be very effective.

But now that the prosecution is on their side, the effectiveness is reduced by half; at most, it could be argued that Liu Guofu had no subjective intent to cause harm.

but..

"No, your so-called objective threat is purely a false assessment on your part!"

"The main point of our previous statement was that Liu Guofu did not cause any harm... but rather acted in self-defense!"

After a moment's thought, Fan He came up with a solution.

"All the threats you mentioned are fabrications made up by the defendant Zhang Yue herself. In reality, our client has never committed any further harm!"

Imagine and fabricate...

Is there any prediction in the law?

for example.

You see a mentally ill person with a prior murder conviction. He is now bending over and looking at you. In his criminal record, bending over is a premonition of murder.

At this point, could you adopt a defensive strategy, slap the other person twice, and resolve the situation beforehand?

No.

Absolutely not!

In the judiciary, there is no such thing as predictive defense, and the courts themselves do not even support it!

Only when the other party has already rushed towards you, or even committed a substantial act of harm against you, can you try to fight back! Before that, everything is a conflict caused by your initial action, and you bear the primary responsibility!

In this case, Liu Guofu only tore the clothes and did not commit any further harm.

Tearing clothes... even just tearing one's own clothes doesn't make sense, indicating that he had the concept of rape in mind, and therefore the so-called assault is not true; it's merely the defendant's response.

"Shut up!"

"We have not yet ceased our statements; please do not disrupt the court proceedings!"

Xu De glanced at them coldly, his words sharp and pointed.

In an instant.

Fan He, sitting in the proxy seat, paused, then his face turned extremely ugly, as if he had swallowed a green-headed fly.

dock.

Xu De's gaze remained fixed on the agent. After a long while, he posed his second question.

"Representative for the victim's civil suit."

"What you just said clearly acknowledges that the person involved, Liu Guofu, suffers from mental illness... and that his mental state has even been reversed." "And as far as I know, Liu Guofu was sentenced in Chengdu to undergo compulsory treatment; only after he recovers can he be discharged and reintegrate into society." "But—..."

"As you have said, Liu Guofu still suffers from mental illness."

"So..."

talking.

He paused, and the next second, his eyes sharpened instantly, transforming into a sharp sword that slashed through the air towards his opponent.

"Who let him leave the hospital?!"

Discharged?

The entire court hearing paused slightly, then was instantly ignited by this question.

Hearing seat.

"Yeah, discharged... How can someone with mental illness be discharged?!"

"Even with compulsory medical treatment, the worst-case scenario is that the patient's condition improves, or even becomes indistinguishable from a normal person, before they are discharged and treatment is terminated... According to his lawyer, Liu Guofu's understanding still has significant flaws."

"How did this happen!?"

"Something's not right... In this situation, the compulsory medical zone shouldn't be releasing anyone..."

The audience members spoke one after another, all of them inwardly surprised or astonished.

But as if he had thought of something, this emotion gradually turned into anger.

Reporter Zhang Miaomiao's heart skipped a beat, and she quickly wrote her own words in her notebook.

This case...

Not right.

Something's definitely not right!

What was initially thought to be a simple revenge case has become increasingly complicated after the trial began, with statements from the prosecution, the defendant, and their representatives.

Even now, the defendant's defense lawyer has launched a tricky and powerful counterattack against Liu Guofu, the victim in the case!

At the trial.

"Tsk...this guy."

Agent's seat.

Fan He frowned, his hands unconsciously clenched, and his breathing became slightly rapid.

He stared at the other person, a sense of crisis creeping into his heart.

My own logic... was used by the other party.

If Liu Guofu has a mental illness, then he shouldn't have been released, and he shouldn't have been released from compulsory treatment!

If the charges are proven true, even if the case is closed, Liu Guofu will still have to go to jail.

If we say that Liu Guofu does not have a mental illness.

During the time of the incident, his actions posed a threat to Zhang Da, and his counterattack was in self-defense!

A one-track mind leads to a double bind; no matter how you look at it, there's a problem.

This is tricky...

This is tricky!

"Is this guy really a lawyer from a small town?"

Fan He was a little anxious and even began to question the words of his lawyer, Zhou Ning.

From any perspective, whether it's legal reasoning or on-the-spot reaction, this couldn't possibly be the work of a lawyer from a small town! But he had no time to think about it at the moment.

At the trial.

"The victim's representative, please respond promptly!"

Judge Meng Junfeng's heart sank, and he spoke sternly.

Xu De's counterattack...

It can be described as an indiscriminate attack.

If it's confirmed that Liu Guofu's mental illness is incurable and that he still has common-sense problems, then there will be a big problem. At the very least, the attending physician should be thoroughly investigated.

"I."

The prosecutor's stand.

Fan He was cursing under his breath as he sat in the proxy seat.

But his strong professional ethics allowed him to remain calm. He took a deep breath and said in a deep voice:

"Your Honorable Judge."

"This trial is for the defendant, Zhang Yue. As for the questions from the defendant's lawyer... I'm sorry, I can't answer them. That's outside the scope of the trial." The trial is for the defendant.

He is the plaintiff.

There's no reason to answer what the other person is saying!

at the same time..

"presiding judge."

"Besides the conflict between the two parties at the time of the incident, we believe... there is another point that can be determined: the defendant, Zhang Yue, acted with 'subjective intent'!"

Fan He's eyes narrowed, and he decided to give the other party a painful blow.

He wanted to reach an agreement for both sides to exchange letters of understanding, but the other party clearly didn't want to, and even turned around and made false accusations...

If that's the case, then he can only make the other party feel pain, so that perhaps they will remember the letter of understanding!

"The murder weapon at the crime scene..."

"In this case, the murder weapon was not found on the spot, nor was it simply picked up in the hospital room where the crime occurred."

"But..."

Fan He picked up a document, which contained information about the testing conducted on the murder weapon used in the case.

That is to say...

That kitchen knife that Zhang Yue took to the crime scene!

Hospitals don't usually have kitchen knives... maybe in special wards, family members can bring their own.

But at least, Liu Guofu's family member Yan Fei, and everyone related to him, did not bring a knife!

It was Zhang Da who brought it.

"It's the defendant, Zhang Yue!"

"She concealed the knife in her sleeve 12 hours in advance, and then went to the Ninth General Hospital with the knife at 3:00 AM on February 18th!" "It was also she who, at 4:00 AM on the 18th, used this pre-prepared knife to stab Liu Guofu 17 times!"

"Preparing the weapon in advance means that she had already decided how to use the knife on the afternoon of the 17th."

"In other words, this clearly shows that this case was not an accident."

Fan He looked at the presiding judge and said loudly:

"This is..,"

"murder!"

"This is blatant murder!!!"