Lawyer: Start with legal retaliation against infidelity!

In a pragmatic manner.

How does the judiciary determine whether a person commits intentional homicide?

First, the police will categorize cases into crimes of passion and murder. The former is not necessarily intentional homicide, but the latter... definitely is! What is murder? It's premeditated murder!

Among them, the one that could definitively determine the outcome was... the murder weapon!

If the perpetrator obtained the murder weapon beforehand and shortly after the incident, it can be generally concluded that the case constitutes intentional homicide. In this specific case...

"The defendant, Zhang Yue, is clearly suspected of murder with a knife!"

"There was no resistance, rape, or even self-defense whatsoever."

"From the perspective of the weapon, she had planned from the very beginning how to deal with Liu Guofu, the person involved!!!"

Fan He spoke loudly, his voice echoing throughout the entire First Courtroom.

The courtroom was empty.

His voice crashed against the wall and echoed back, reverberating in everyone's ears.

this.

Everyone frowned, lost in thought.

On the prosecutor's bench.

The three prosecutors nodded slightly. Prosecutor Liu Xi said in a low voice:

"The murder weapon is indeed very difficult to clear one's name. A large part of the reason the prosecutor's office filed the prosecution is because of the murder weapon..." Prosecutor Wang An nodded.

"I see, what if the knife was grabbed casually during the struggle..."

"There is a lot of room for leniency in that case."

Deng Shijie didn't speak, but just sat there, silently watching everyone.

As the two of them said.

The murder weapon was brought to the scene by Zhang Da.

A man prepared a knife 12 hours in advance, went to the hospital at 3 a.m., and then stabbed the victim 17 times with the knife at 4 a.m., nearly killing the victim.

In short, this is clearly intentional homicide!

Trial.

"this."

Presiding Judge Meng Junfeng remained silent, his brows furrowed.

After a moment's thought, he turned his head and looked at the defendant's seat again.

"The defendant's representative stated..."

Agent's seat.

As he listened to the routine questioning during the trial, Fan He took a sip of tea, a confident smile on his face.

He's very capable... to have gotten this far in Haicheng, he's no ordinary person. He's confident no one can refute this point. But...

Presiding Judge Meng Junfeng: "Does your side agree?"

The moment the words were spoken.

Two words rang out instantly.

"objection!!!"

"We have very clear objections!!!"

dock.

Almost the instant the judge finished speaking, dissenting voices immediately followed.

Now.

Everyone in the seats for the legal representatives, the prosecutors, and even the spectators was slightly taken aback.

A clear objection!?

The murder weapon was hidden 12 hours in advance, and then used to stab the victim. There is a clear contradiction, and Liu Guofu himself had a motive... No matter how you look at it, he can't be cleared of suspicion!

Just as everyone frowned, held their breath, and waited for Xu De to give his answer.

Then, he slightly opened his mouth, and the next second...

"Your Honor, regarding this case..."

"case."

"No murder weapon!"

No...no weapon?

The moment those four words fell.

In the First Courtroom, nearly a thousand people were momentarily stunned, all staring at Xu De, who stood frozen in place, unable to grasp the meaning of his words for a short time. Xu De, however, did not stop.

He continued:

"First of all, instruments differ in nature."

"Some weapons are portable and designed for killing, while others... are for self-defense!"

What is a murder weapon?

As we all know, only weapons that cause harm to others can be considered murder weapons.

But a murder weapon is essentially a device. Have you ever considered what kind of device would be immediately identified as a murder weapon in the legal system? After all...

A compass used in elementary school and a watermelon knife, both very sharp.

But why is a watermelon knife a regulated tool? And why is a compass allowed to be purchased? Both can easily kill people.

If we apply this line of thinking...

You'll find that in the realm of murder, it seems that as long as you want, the equipment used is no different. But what Xu De wants to say is... there is a difference!

"Our client believes that the defendant, Zhang Yue, did not commit murder on the eve of the incident, and the weapon used in the crime was not intended for murder..." "The true purpose of this knife is..."

Xu De paused, then his expression turned serious, and he began to speak in a solemn tone:

"It's a defensive item!"

Agent Fan He: ?

Prosecutor's seat: ?

Hearing Seat:?

Is it...defensive...or a tool?

Ok?

Everyone's minds went blank again, momentarily blank, staring at each other in disbelief.

They recognized all the characters, but when put together, they seemed so obscure and difficult to understand.

"Defendant, you mean...?"

At the trial.

Even the presiding judge, Meng Junfeng, hesitated before speaking:

"The defendant, Zhang Yue, took a knife 12 hours before the incident...was her intention not to kill?"

Xu De nodded. "Definitely not murder!"

Meng Junfeng then asked, "Was she acting in self-defense?"

"That's right!"

Xu De nodded again.

"It's obvious that our client is a young woman, a vibrant 18-year-old girl, and there is a clear difference in physique and physical appearance between her and Liu Guofu..."

"Therefore, we need a defensive item for self-defense when we meet that night."

After saying that,

Not to mention the trial area, even the audience in the gallery couldn't help but succumb to their emotions at this moment.

"Self-defense? Hmm?"

"No... Stabbing someone with a knife is self-defense, while fighting unarmed is a threat... Why does it feel so strange to me? But after thinking about it for a moment, it doesn't seem incomprehensible, yet it still feels odd..."

"A knife is a defensive tool!?"

"Wait, I'm a little slow, wait a minute, let me think about it..."

"On a dark and stormy night, stabbing someone with a knife is an act of self-defense... That's interesting."

The people in the audience were hesitant to speak, yet still wanted to.

Some people tilted their heads, staring blankly at Xu De, wondering what had gotten into him when he said those words. Fan He's face showed an expression of disbelief.

He frowned, his mouth agape, staring at the other person in disbelief.

Fan He knew he lacked morality.

He also knew that his bottom line was low.

This is normal.

After all, that's how the legal profession works: the lower your standards and the worse your morals, the more advantageous you tend to be in court.

Fan He had thought his moral bottom line and mindset were already low enough, but now...

He's nothing compared to the great ones.

I've run into a real novice!

What does it mean to stab someone 17 times in self-defense?

"Defendant's attorney, are you saying that the defendant, Zhang Yue, used the knife in self-defense, and there was no murder involved?"

"This knife wasn't the murder weapon, but rather the tool used in the crime..."

Fan He couldn't hold back any longer and suddenly spoke up, questioning in a way that violated court order.

"This knife shouldn't even be defined as a murder weapon!?"

"That's right."

dock.

Xu De is a man of high moral character; he chose to tolerate the other party's behavior of disrupting the court proceedings.

"This knife, by its very nature, is not a murder weapon!"

Fan He couldn't help but ask, "If this doesn't count, then what is a murder weapon?"

"Of course, it's clearly stated in the original legal text!"

Xu De spoke with righteous indignation, his brows furrowed, clearly questioning the other party's level of legal reasoning.

In the legal system, how can someone not even know what constitutes a murder weapon? Has this person ever even been to school?!

Sure enough, just as Qian Wu said, the other party was not a species at all, and they were almost reproductively isolated from each other. ... However, Xu De was a moral person.

"Gentlemen."

Regarding the determination of "carrying a weapon", we can refer to the Supreme Court's judicial interpretation.

Regarding the determination of "robbery with a weapon".

Article 6 of the "Interpretation on Robbery" stipulates that robbery with a weapon refers to the act of a person carrying firearms, explosives, controlled knives, or other instruments that are prohibited from being carried by individuals by the state to commit robbery, or carrying other instruments for the purpose of committing a crime to commit robbery.

There are not many items that are explicitly defined as illegal or prohibited by the authorities.

Guns, sharp knives, and bombs are all considered murder weapons when used in a crime.

In addition, the next level of effectiveness is for weapons that are not classified as murder weapons but are still used in the crime.

In theory, Zhang Da's knife belongs to this category.

and so.

"first."

"There is no law that classifies a dinner knife as a controlled weapon!"

"Therefore, the defendant Zhang Yue's act of carrying a kitchen knife was legal."

Secondly...

Xu De spoke slowly, his words somewhat absurd, yet they were explained with a wealth of clear logic and solid theoretical grounding. "Secondly, our side did not initiate any provocation!"

"Please recall, at what stage did this item appear?"

"Defensive tools are only used to take defensive action when one is objectively violated!"

A machete is considered a controlled weapon.

Even the slightest physical act can lead to conviction for intentional homicide.

But a dinner knife is different; firstly, it's very dull.

Yes, the knife is very dull. The reason it can still cut steak is that the knife is like a saw, with no sharp edge on the blade but a row of small serrations.

It uses the same principle as a saw to cut wood to cut the steak off the plate!

Something like stabbing or piercing the whole thing...

Stabbing someone with a blunt piece of iron has no advantage other than its sharpness.

Therefore, in the legal definition, this thing is in a "neutral" position.

Therefore, it's not illegal for Zhang Da to hold a dinner knife...even if she had a hundred dinner knives, the police wouldn't have a reason to stop her. "Objection!"

Agent's seat.

After listening for a while, Fan He suddenly interrupted him with a grim expression.

"What you're describing is merely a weapon in nature!"

"In this case, this dinner knife is undeniably a murder weapon!"

"It's just that the nature of the act is different, but the action itself is aimed at murdering others!"

There are two kinds of murder weapons in the judicial field.

First, there are controlled weapons of a certain nature, which are known to cause injury or death to others, such as firearms and controlled knives.

Secondly, there are the instruments that cause injury or death, such as bricks and kitchen knives.

But the words came back again.

A dinner knife... is not a weapon of murder!

Therefore, the nature of wielding a knife will naturally change!

If you're not carrying a controlled weapon, the potential for attack and injury to others decreases significantly, and your aggressive impulses will often also decrease. Plus...

Zhang Da's timing in using the knife was excellent.

She only pulled out the knife when she was about to be harmed!

"In summary"

"This is a defensive item designed to protect oneself in advance!"

"It's difficult for it to kill or injure people, but it does possess a certain degree of self-defense capability!"

Xu De spoke slowly, attempting to convince everyone present with logic.

The entire First Courtroom fell silent.

Everyone stared at him, mouths agape.

Xu De suddenly changed the subject.

He added:

"Prosecutor, I recall that the police found a recording pen at the scene."

"The contents of this recording were submitted to the court as evidence. Is this true?"

Upon hearing this...

The prosecutor's stand.

The three prosecutors paused.

After a moment, Deng Shijie nodded. "Yes, it's evidence number three."

Not long ago, Xu De even used it.

In other words, the recording pen that meticulously documented Liu Guofu's "confession".

That's how it is.

"Alright, if that's the case, then the facts are now very clear!"

Xu De immediately spoke, his expression calm and unhurried, saying:

"The city of Lusen stated that there was a clear conflict between the defendant, Zhang Yue, and the injured party, Liu Guofu."

"This conflict prompted the defendant to prepare to meet with the other party in private."

"Why would you want to see the other person? To kill them?"

"No, based on Evidence No. 3, the existence of the 'recording pen,' we can clearly see that the defendant's purpose in meeting privately was... to gather evidence!" "She wanted to gather evidence illegally."

Yes.

Zhang Da's purpose was to illegally obtain evidence.

If she intended to kill him, she had no reason to continue recording evidence.

How to clear Zhang Er's name?

Zhang Er is the plaintiff, and Liu Guofu is the defendant. Zhang Er is not innocent!

Furthermore, if Liu Guofu dies, Zhang Er will lose his source of funds for medical treatment. Therefore, from the very beginning, the other party's purpose in approaching Liu Guofu was to obtain evidence.

She's going to illegally obtain evidence... evidence that could lead to a conviction for the defendant!

"but."

"Collecting evidence illegally carries certain risks!"

Xu De's voice suddenly rose several pitches as he continued:

"The injured party, Liu Guofu, has committed multiple crimes in a row."

"There is a clear disparity in the two sides' aggressiveness, moral bottom line, and physiological state!"

"Therefore, the defendant needed a defensive tool for self-defense."

"However, since this wasn't intentional murder, the item's lethality can be lower; it only needs to provide some defensive capability." "Finally..."

talking.

Xu De displayed the photos of "defensive props" taken by the police in front of everyone.

He even turned around so that everyone in the audience could understand him.

"I've chosen this knife; it'll be my self-defense tool!"

From an objective point of view...

The question of whether the owner's subjective intention was intentional can be viewed from three aspects.

① The knife's inherent lethality; ② Your purpose in carrying it; ③ How you used it at the time.

In any of these three situations, the knife is perfectly positioned at the most opportune moment.

1. A kitchen knife itself has very weak offensive and lethal power. If the intention is to kill, the opponent could easily kill you with a random iron rod. 2. Due to its weak damage, it's used in conjunction with a voice recorder for self-defense.

3. It should only be used when one is being violated!

In summary. ....

"This is not a murder weapon!"

Xu De held up a photo of the dinner knife that had been used to stab Liu Guofu 17 times, nearly tearing his intestines apart.

Followed by.

"This is the real murder weapon!"

Xu De then held up a photo of a small stone, about half the size of a palm, that Liu Guofu had casually picked up in an alley in Lvsen City.

The moment the words were spoken.

The entire First Courtroom fell into an eerie and prolonged silence.