Lawyer: Start with legal retaliation against infidelity!

Chapter 18 What exactly are you trying to do?!

"Attorney Lin, I have to emphasize this again."

Xu De's expression was serious, his eyes focused, and he spoke in a low voice:

"I never do anything illegal or criminal!"

Lin Yue raised an eyebrow, put her hands on her hips, and asked in confusion:

"So...you're not stealing children anymore?"

The moment the words left his mouth, Xu De immediately retorted, expressing his dissatisfaction:

"How could that be? The child would definitely be stolen, let alone stolen."

"If you push me too far, I'll steal it!"

With that, Xu De turned and walked back to the reception room, plopped down on the sofa, and looked at the other person again, saying:

"Also, why do you think stealing children is illegal?"

Does this even need explaining? Isn't this common sense?!

Lin Yue kept complaining in her heart, but she still managed to suppress her emotions.

She sat down opposite Xu De, gathered her thoughts briefly, and then slowly said:

"Eastern Country does not have a law specifically for 'child abduction,' but rather two crimes: Article 240 of the Criminal Code, 'Child Trafficking,' and Article 262 of the Criminal Code, 'Child Abduction.'"

"Both of these are closely related to child abduction, and will be severely punished!"

"And your actions fully constitute both of these crimes."

That's certainly true.

but......

"You're right, but..."

Upon hearing this, Xu De first nodded, then smiled gently and said:

What is the core of the subjective intent in determining the crime of child trafficking?

Without waiting for a reply, he blurted out his answer.

"It was intentional and for personal gain!"

In other words, if it's intentional and motivated by money, then your actions will be considered a crime of child trafficking!

Xu De did not steal the child for money, so theoretically he cannot be guilty of this crime.

"Even so, that still falls under Article 262 of the Criminal Law, the crime of child abduction!"

Lin Yue shook her head, her tone resolute.

Indeed, the other party did not sell the child for profit, yet they deliberately controlled and took the child away!

This fully meets the criteria for this crime.

"Attorney Lin is quite professional."

Xu De did not deny it, and nodded in agreement.

But then the conversation suddenly shifted.

"but......"

"What you're referring to is what criminal law calls 'subjectivity'."

"What about the objective side? May I ask...?"

What is the objective definition of this crime in the original text of the Criminal Law?

Lin Yue paused, her exceptional legal knowledge instantly bringing the original text to mind, and she blurted out instinctively:

Article 262 clearly defines the following objectively: "abducting a minor under the age of fourteen and separating him from his family or guardian."

If it involves profit, it's considered human trafficking; if it doesn't, it's considered fraud.

Xu De's accusation of child abduction... is practically acting according to the objective definition of illegality and crime.

but!

Just as Lin Yue finished speaking...

"Attorney Lin, you said it yourself."

"Objectively speaking, abducting a child from their family or guardian constitutes abduction, but..."

Xu De's voice rang out seamlessly, his eyes suddenly sharpening as he said:

Are Li Youcai and Liu Cui the child's guardians?

"since....."

Lin Yue was about to nod, but suddenly paused, as if realizing something, and her whole body froze.

Seeing her like this, Xu De slowly said:

"no!"

"According to Article 27 of the Civil Code (the core article on guardianship)."

"Parents are the guardians of their children!"

"And the close relatives Li Youcai and Liu Cui are only first in line for guardianship. Note, it's 'first in line'!"

in other words.

Only when all the child's parents are dead can they fight for custody of the child, and only with custody can they want to keep the child.

But the problem is...

Only Li Erniu died; Wang Mei is still alive!

Therefore, guardianship is currently held by only one person.

"That's the client, Wang Mei!"

Xu spoke rapidly and with unwavering determination, and continued.

"Attorney Lin, now that we look back at the definition of objectively constituting the crime of abduction in the criminal law, do you still think... I broke the law?"

These words were spoken.

Lin Yue was stunned. Her brain started working overtime, and she was caught in a mental storm.

The objective definition of a crime is: separating a child from their family/guardian, when the plaintiff is not the guardian.

The key is......

"Attorney Lin, don't forget, the custody battle is over."

Wang Mei wins the case!

Xu De suddenly lowered his eyes, leaned forward, and looked at the other person, saying in a deep voice:

"in other words......"

"Li Youcai has neither the right to raise the child nor the right to be a guardian."

"Legally, it is illegal for the other party to take the child as their own!"

Suddenly.

These words exploded in Lin Yue's mind, and her pupils contracted slightly.

What the other person said seems...to be...right!

Having neither custody nor guardianship, Li Youcai is, in the eyes of the law, an outsider to the child.

And now, an "outsider" is forcibly keeping the child by his side... Just thinking about it makes me feel uneasy.

a long time.

She snapped out of her daze and hesitantly replied:

"But...but there's also the 'separation from family' part, and Li Youcai's status as a close blood relative is undeniable..."

Even if the other party has no right, the law can hardly ignore the blood relationship.

Xu De immediately replied:

"First of all, I had no malicious intent in taking the child away."

"Secondly, Li Youcai's home is a home, but doesn't the home of Wang Mei, the person I entrusted, count as the child's home?!"

talking.

Xu De's eyes widened as he looked at the timid Lin Yue, his face full of disappointment and frustration. He shook his head and sighed:

"I'm simply taking the child from a 'residence' that I have no custody of and no guardian over..."

"Take them to another home, to a place where someone has custody and guardianship."

"Legally, I haven't allowed him to leave the family!"

This moment.

Lin Yue stood there, stunned, all the rebuttals in her mind melting away like cream.

Common sense told her it was illegal, but her professional knowledge told her...

legitimate!

"This is not abduction, this is the exercise of guardianship."

Xu De smiled as he sat on the sofa, his hands clasped on the table, his upper body leaning slightly forward.

He pondered:

"You know that."

"Nobody knows more about breaking the law than me!"

Although it seems a bit arrogant and sounds shocking, anyone who comes here can only stare helplessly!

After figuring this out.

Lin Yue felt her whole heart trembling, and her eyes were filled with disbelief and shock as she looked at Xu De.

I've lived for over twenty years.

He has met legal luminaries, attended expert lectures, graduated from a prestigious national university, and was mentored by renowned teachers.

Even with such an experience.

This was the first time she had ever heard of legally stealing children!

The key point is that what they said wasn't a lie!

Lin Yue's eyes widened, her thin lips parted slightly, and she uttered a question from the depths of her soul:

"Is...this right!?"

"What's wrong with this?" Xu De asked.

"Moreover, the child custody case has already been decided, with Wang Mei winning in the first instance, and the court has ordered immediate enforcement."

"But Li Youcai and his accomplice have been dragging their feet and refusing to hand over the person!"

Xu De waved his hand, his face full of dissatisfaction, and his tone was full of anger.

Strictly speaking...

"We were acting in good faith and legally stealing the child."

"They were the ones who maliciously broke the law and had their property stolen!"

The instant a sentence was uttered.

Lin Yue felt as if her soul had been elevated; the wrinkles in her brain were smoothed out by the other person, and a brand new door opened before her in the darkness.

So, Chinese characters can be arranged like this...?

Is this something a human could actually think of?!

Looking at her expression.

Xu De's face showed a relieved expression, feeling that the boy was teachable.

"Do you still think I've committed a crime?" he asked.

Lin Yue's lips moved, but she couldn't utter a single word of "no".

crime?

Even if these things were brought to trial, the judges and prosecutors would at most be completely baffled.

No one could find a single illegal word in it!

"you......"

Looking at Xu De's calm and composed face, Lin Yue didn't know what to say, and her face turned slightly red.

After a long silence, he finally uttered a single sentence.

"So...when are you planning to steal the child?"

Since it wasn't illegal, she began to worry about the upcoming first trial.

Lin Yue, holding onto the chair, looked somewhat anxious. She said:

"You know, the first trial is just around the corner."

"If we don't steal the child back before the trial, the outcome of the trial... will be very uncertain."

She clearly overheard the court summons at the door.

The trial is scheduled to begin in five days on November 10th. If Xu De does not take action soon, he may lose the trial.

only.

Just as Lin Yue was pondering whether the other party would launch a surprise attack today, tomorrow, or the day after...

"Stealing a child before the trial?"

Xu De raised an eyebrow, a puzzled look on his face, and spread his hands, saying:

"When did I say I was going to steal before the trial?"

Lin Yue:?

"If you don't steal before the trial, what are you going to do by the time the trial is over and the court has issued its verdict?!"

Lin Yue's face showed surprise again.

The courtroom is where the two sides negotiate and reach a conclusion!

Stealing a child is a way to increase your chances of winning, but if you only steal after you've already achieved the goal... what's the point of having that advantage?!

"Naturally, something else will be used instead."

Xu De replied matter-of-factly.

"Remember this: the child is a bargaining chip we use to manipulate the plaintiffs, Mr. and Mrs. Li Youcai."

"This bargaining chip has nothing to do with the courtroom arguments!"

"We need to come up with some new tricks to deal with judges and prosecutors."

Lin Yue stared blankly at the somewhat unfamiliar man in front of her.

Xu De placed a document he had written himself from his briefcase on the table.

"You didn't think I'd been busy with something that could be described in just a few words these past few days, did you?"

"This is exactly what I need for the first trial!"

After saying that.

He stretched out his arm, and the document under his palm was pushed in front of the other person.

Lin Yue looked at the document with curiosity and a questioning gaze.

But when he saw the contents of the document, he froze.

All I saw was...

The document clearly contained several lines of text...

[I. Regarding the defendant Wang Qiang's act of self-defense to stop human traffickers and protect the safety of police officers, which constitutes an act of bravery, our defense arguments are as follows regarding the facts and application of the law in this case...]

[II. Regarding the deceased Li Erniu, whose death was due to attempted murder that resulted in self-harm, and which is unrelated to the defendant, our defense presents the following arguments...]

Look at these words.

Lin Yue's eyes widened, her mouth was agape in an "o" shape, and her mind was a complete blank.

Words have weight.

Lin Yue then clearly felt the weight of the words.

Those few lines of text were like a one-ton iron hammer, slamming hard into her head!

The trial is in five days. If this thing actually appears in court, what will the judge and prosecutor do...?

It's hard to say whether the other party will whip them with a belt!

"no......"

Lin Yue looked up at Xu De, her eyes filled with astonishment. Her fair throat bobbed, and her thin lips parted.

The next second, a trembling sound of collapse echoed from the reception room.

What does it mean that Wang Qiang surrendered himself to the authorities?

"What do you mean he was acting heroically, protecting an armed policeman?"

"What exactly do you want?!"

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