Lawyer: Start with legal retaliation against infidelity!

I don't want to give money, and I don't want anyone to bear the guilt.

is it possible?

To be honest, it's unlikely, but in the current theoretical process, it's entirely possible to make the two mentioned above work!

To be honest, it probably wouldn't work with other information.

For example, a regular lawsuit.

In a normal court hearing, how do you influence the course of a criminal case?

The process involves presenting evidence, cross-examining witnesses, winning the case, and issuing a judgment.

In other words, you need to first propose a possibility, then corroborate it with evidence, and finally find that your possibility is correct and objectively exists. Only then can you win the case.

For example, in the case of Case 18, Xu De raised the issue of Liu Jingqi's age.

However, without evidence, the court will not even bother to investigate.

Subsequently, Xu De traveled over 2,000 kilometers to obtain irrefutable evidence to supplement the case. After the examination was completed, the issue of "questionable age" was confirmed, which is why the court took action and immediately proceeded with the trial.

This is the inevitable path for 90% of cases.

but!

But there are a few exceptions.

"When it comes to minors, the official attitude is extremely conservative, preferring to let them go rather than let them go."

That is, Article 4 of the "Law on the Protection of Minors".

Xu De slowly opened his mouth and began to express the thoughts in his mind.

The official stance is conservative, which is why conservative regulations have been formulated.

What's the difference between this conservative regulation and the necessary path a case must take, as mentioned earlier?

No need for cross-examination!

Yes.

In other words, the process is reduced to: submitting a statement and issuing a verdict!

Although it may seem unbelievable, that's the truth.

Xu De only needs to state that "Zhang Da's identity cannot be truly confirmed, and there is a possibility that the other party is a minor," and the objective information provided does indeed constitute this problem.

So.

Article 4 of the "Law on the Protection of Minors" clearly stipulates that Xu De does not need to provide evidence to prove that Zhang Da is a minor.

Relying solely on this potential problem.

The court can adopt it directly!

Immediately, relying on the most conservative and advantageous approach—that is, even without evidence, they would try Zhang Da as a minor—this is both a major flaw and a fatal flaw, making it one of the most unique provisions in the law.

Others require verification before their claims can be accepted; but when it comes to minors, if you make a claim, it will inevitably be accepted as long as it objectively exists.

In general...

"The last gear in the program..."

Xu De's eyes flickered, and the meticulous thought process in his mind was completely formed at this moment.

"Found it!"

After saying that,

Inside the living room.

Uncle Sun didn't think much of it; after all, he was just an ordinary citizen and didn't understand these complicated matters.

But Lin Yue and Wang Chao are different!

"Wouldn't this constitute fabricating evidence?"

Wang Chao was greatly shocked, his face showing hesitation and doubt, and he couldn't help but ask.

"Fake certificate?"

Looking at the person in front of him, Xu De smiled.

What is a fake certificate?

In the judiciary, the definition of false evidence mainly lies in the word "false," meaning that the content has been altered or fabricated.

for example.

Xu De now suggests that Zhang Da may be a minor, but Fan He cannot find any evidence. Therefore, he commissioned someone from the Civil Affairs Bureau to create an identity information document showing that Zhang Da is over eighteen years old for verification, claiming that Zhang Da is an adult.

This is a fake certificate!

And Xu De...

"Where is it fake?"

"We are merely making objective guesses based on objective information; the question itself is just a statement and information-driven."

"If the doubt is false... well, then it doesn't stand up at all."

Xu De shook his head, not in a hurry, and began to explain.

A question refers to the concept of "raising" in court.

In other words, if someone commits murder, and the defense lawyer argues that the act was "justified in self-defense," you need to provide evidence to support your claim. Evidence is found from objectively verifiable perspectives.

If the concept is false, then you cannot find real objective evidence based on a false concept.

If no evidence is provided to address the questions raised, the judge will simply dismiss it as nonsense and ignore it.

"But we...we're only responsible for making the suggestion."

"The questions we raised were based on objective information and do not contain any false concepts!"

Xu De spoke with a resolute tone, his hands clasped together, his eyes sparkling with thought.

"first."

"There has never been any objective evidence to prove that Zhang Da is the older sister and Zhang Er is the younger sister."

"The reason why everyone thinks Zhang Da is the older sister is purely out of common sense and habit."

"1. Zhang Da says she is the older sister, so we think she is the older sister. She thinks she is the older sister, so she thinks she is Zhang Yue." "It is not that Zhang Da is Zhang Yue, so she identifies herself as Zhang Yue."

"2. The 'big' in Zhang Da and the 'two' in Zhang Er are common sense in a practical sense, representing the eldest and second eldest."

One voice after another fell.

The theoretical basis is now being filled in.

The conventional and objective way to identify a pair of sisters is based on genes, birthmarks, childhood photos, and appearance.

Are either of the two points Xu De mentioned objective information?

The former is Zhang Da's subjective intention.

In society.

Especially among friends, people often subjectively refer to themselves as the other person's "father" or "mother." Does saying it subjectively make it true? The latter is simply a matter of habitual thinking!

Zhang Da can even be called Zhang San, Zhang Si, Wu Liu Qi Ba Jiu, does that mean she has nine brothers above her?!

Still not.

Therefore, a name is just a label; it does not serve as any proof of identity.

In other words, Zhang Da and Zhang Er can call themselves whatever they want; it has nothing to do with their actual sisterhood information.

so..

"In summary."

"The judiciary...no, it includes us!"

Xu De leaned back on the sofa, his words becoming increasingly complex, yet his logic remained clear and distinct.

"Was there any objective evidence whatsoever when determining the identities of the two sisters?"

"There is no objective evidence... and you know what that means."

What does it mean?

The implication is invalid!

As Xu De just said, in court, any information is only valid when corroborated by objective evidence!

You are 18 years old this year, and the police are not looking at what you said yourself.

Instead, it uses official records, hospital birth certificates, vaccination dates, photos, physical development, and many other objective information to prove that you are 18 years old.

The information indicates you are 18 years old, therefore your identity is 18.

If all the information is combined and you are determined to be 19, then even if you are actually 18, your ID card will show you as 19.

Applying this to the case.

There is no objective information to determine the true identities of the two sisters.

"So everything before... regarding the determination of identity, was a complete blank!"

Xu De blurted it out without any hesitation; clearly, his thoughts were exceptionally decisive.

"But blank sheets of paper cannot be judged."

"Therefore, she needs to take on one of the roles of both sister and older sister!"

The identities given are usually verified.

But this case couldn't be proven at all.

"First, there was the death of the biological parents."

"The Health and Family Planning Bureau has no information, the Civil Affairs Bureau has no files, the Center for Disease Control and Prevention has no vaccination records, and the guardian is out of contact..." Xu De slowly began.

Future generations will not need to consider this issue, because ID cards are linked to unique fingerprints.

But right now... fingerprints?

Are you referring to that ID card that's encased in plastic and doesn't contain any electronic chips?

There is no objective evidence unless the guardian, who has been out of contact for more than a decade, can fly back to China.

"And without evidence, it falls right into Article 4 of the 'Law on the Protection of Minors'."

Xu De continued speaking.

If it cannot be proven, the judiciary will be conservative and assign the least responsibility to Zhang Da.

That is to say...

"Based on the existing 'objective evidence,' the trial will proceed with the case against the 17-year-old underage sister!"

Xu De spoke without hesitation, and his theory was completely shut down the moment he finished speaking.

The words were spoken.

From this moment on... his logic has been completely and fully supplemented!

As for what constitutes a high level of suspicion when raising questions?

Regarding the two points.

First, the homeless children were confused when they were homeless and didn't know if they were sisters. They were only recognized as sisters after being adopted and during their time on the streets. Second, after being adopted, the elderly homeless woman before her death divided the adopted children into sisters, but the adopted children were physically strong; the healthy one was the older sister, and the weak one was the younger sister.

The deceased biological parents had a second child because the first child was premature and weak, and needed someone to help him/her!

And the truth is exactly that...

A healthy person is constantly taking care of another person who is physically weak.

These three points, coupled with the complete lack of objective evidence, are enough to maximize the suspicion surrounding the identity issue!

As for the fake certificate that Wang Chao mentioned earlier?

Did Xu De mention any man-made evidence other than objective evidence?

No.

and..

"I have no evidence, so what kind of false testimony is this?"

"I just happened to find this problem, and unfortunately, it's in the legal system where we can achieve our interests without needing to cross-examine the evidence." Xu De looked at Wang Chao again, waved his hand, and didn't seem to care at all.

You need at least a fake certificate!

Xu De couldn't even produce the most basic objective information, so what kind of fake certificate is that?

Oh no, it's bone age.

Bone age is crucial; if an identity cannot be proven, bone age can play a decisive role.

But coincidentally, Zhang Da and Zhang Er's bone age is also that of minors, or even as low as 16 years old!

Malnutrition can lead to delayed bone age development, resulting in a child being younger than their actual age.

This is the only objective evidence!

In an instant.

Um?"

Wang Chao's mind went blank, and he stood there, his brain churning.

The other person's words kept echoing in his mind, and for a long time he couldn't find a single angle to attack them.

His expression gradually turned from surprise and doubt to shock.

Even without producing evidence

"but-.."

"Where is Zhang Er?"

Wang Chao was speechless for a moment, then suddenly asked a question.

"Zhang Dazhan's sister's identity... what about Zhang Er... what about Zhang Er?"

"Although she doesn't have any lasting effects, she can't do heavy physical labor, so she probably needs compensation to make a living..." Zhang Er's injury wasn't serious, but it wasn't minor either.

However, the more compensation the better.

"What does this have to do with Zhang Er?" Xu De asked, puzzled.

Wang Chao said, "If Zhang Da is tried as the younger sister, then wouldn't Zhang Er be able to be held accountable as the older sister?"

"The difference between adults and minors, though only one word, can result in vastly different compensation amounts."

Minors generally receive less compensation.

Yes.

In cases of disability, adults receive more compensation because they have elderly parents and young children to support and need to consider their families.

But there is also an extreme example.

Orphans and children without family or relatives!

In this case, the court takes all factors into account before making a judgment!

Zhang Er's claim for compensation hinges on whether she is an adult or a minor; this single word difference can determine the difference in compensation amount, ranging from tens of thousands to nearly two hundred thousand yuan.

Two hundred thousand in 2003 had a purchasing power almost equivalent to a million in later years!

only.....

"What older sister? Zhang Er is naturally being tried as the younger sister!"

Xu De spoke up.

"Neither the court nor the plaintiff can prove that Zhang Da is not his sister..."

"Does that mean there's any way to prove Zhang Er is the older sister? It's the same logic!"

"All of these cases should be handled under Article 4 regarding minors!"

Wang Chao: ?

"Um?"

Wang Chao was stunned, and the mouse next to him was also stunned.

"Wait a minute, sir, I also know the law. What you meant just now was..."

The mouse was puzzled; he felt his worldview had been challenged.

"In the Zhang Da assault case, was she tried as his underage sister?"

Xu De nodded.

"Yes, that's correct according to Article 4 of the 'Law on the Protection of Minors'."

The mouse became increasingly hesitant.

"That Zhang Er, the compensation case. ∵..."

"And they're making a claim as a minor!?"

"Because...it doesn't prove that Zhang Da is the older sister, nor does it prove that Zhang Er is the older sister?"

Xu De nodded again, "That's right, you're very smart."

mouse:???

The rat was shocked, his face filled with shock. He stared at Xu De in front of him, frozen in place. His shrewd mind, which had been navigating the underworld for decades, suddenly went blank.

What does it mean...?

Did Zhang Da escape punishment by posing as his sister?

What do you mean, Zhang Er can also claim compensation as his sister?!

"Then who's the older sister? Who's the younger sister?!"

The mouse exclaimed in surprise, clutching its head with both hands and rubbing it.

Xu De wrote down all his logic on a piece of paper, and finally spoke:

"There are no older sisters, only younger sisters!"

to be frank.

If these eight words were spoken to an ordinary person, they would probably think that someone had gone mad and started talking nonsense... This was the first time they had ever heard of this theory.

What does it mean when there's no older sister in a pair of sisters?

I am my sister's sister, my sister is my sister, and I am also my sister's sister's sister...

"Wait, I don't quite recognize the character '妹' (mèi)."

Lin Yue, standing to one side, blinked and took a deep breath.

She immediately looked up at Xu De, and couldn't help but twitch her eye.

I thought that mental illness was the limit for the other person.

The copy-and-paste approach is indeed ruthless, but right now...

This logic is clearly stronger than that of a mental illness!

At the very least, the mental illness still needs to be verified to prove that Zhang Da was in an acute phase of his illness and his body was out of control, which is why he committed the murder.

But this logic is unnecessary.

It just needs to be brought up.

If the issue is raised and no one objects, you'll be declared the winner!

Lin Yue felt she needed to use her brain; she had seen many legal geniuses in her life.

but. .

She had never seen Xu De's way of thinking before!

"Alright."

Xu De addressed the group, saying:

The logic of "my sister's sister's sister is actually my older sister..."

"Theoretically feasible."

"Let's begin!"