Lawyer: Start with legal retaliation against infidelity!
Chapter 182 The Court: Are you serious? [Seeking monthly votes!]
4 month 7 day.
Xu De questioned several neighbors in Fujia Town again. After questioning them, they all agreed that the Zhang Yue and Zhang Xing sisters' identity information had long been lost.
Their aunt was ruthless; she erased all the information.
period.
Uncle Sun added further details.
Before the demolition, when the aunt and others registered the child's household registration, the other party may have indeed changed the child's age to be older.
If the age is changed to be older, it means that the child will reach adulthood earlier, and they will have to raise the child for a few fewer years.
Although there is no evidence, judging from the fact that the other party absconded with the money, they are fully capable of doing such a thing.
Everyone was astonished.
4 month 9 day.
Several witnesses were persuaded by Xu Dexiao with reason and emotion, but of course, not all of them appeared in court.
Instead, Uncle Sun appeared in court to represent him and relay the complaint to the court.
Meanwhile, the rat was willing to testify in court, but the other party still coveted the broken nest under the bridge.
This is the end.
The objective information regarding "social personnel" was quite fruitful.
Xu De and Lin Yue booked their plane tickets, and at the same time, Xu De began his final operation.
4 month 10 day.
That day, at 5 p.m.
Xu De went to the police station, identified himself, and contacted the criminal investigation team. Captain Li Xiang retrieved all the information about Zhang Da. However...
This time, however, his focus was not on Zhang Da.
It's the other person's parents!
The sisters' father died in 87, before their second child was born.
Based on the fact that the two sisters are biological sisters and their mother did not have an affair, it can be deduced that the younger sister, Zhang Xing, became pregnant no later than the day before her father's death. The youngest could have been born in 88, and the oldest could have been pregnant in 86 and given birth in 87.
Based on the logic that the two sisters are only one year apart.
Theoretically, Zhang Da's age limit for being born is 86!
Born in 1986, which is far from 2003... even if born in January, he would only be 17 years old.
If you were born at the end of the year, you are not even 17 yet, which falls under the 14-16 age range in the "Law on the Protection of Minors".
of course.
This does not confirm that Zhang Da was born in 86.
After all, the two sisters might be one year apart or two years apart.
But then again, no one can prove exactly how many years apart they are. There is no objective evidence. Even if the guardians come back from abroad, it won't help because the objective evidence has already been destroyed. Even if they come in person, they can't change the age!
Applying Article 4 of the Law on the Protection of Minors, the court will adjudicate Zhang Da's case based on the most favorable circumstances!
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Xu De was finally satisfied and that afternoon he followed Lin Yue and boarded a plane to Chengdu.
4 month 11 day.
There are four days left until the trial begins.
10:30 a.m.
A plane slowly landed at Chengdu Airport. As the cabin door opened, Xu Delin, Yue, Uncle Sun, and Lao Shu appeared. "Hey, this is what a big city is like."
Xu De then changed his clothes and took care of his personal hygiene.
However, the rat wasn't used to it. In his words, his hygiene wasn't bad; he just wanted to experience the feeling of being a stray. At this moment...
The mouse followed Xu De out of the airport, looking at the bustling city and skyscrapers outside, its face filled with amazement.
"Tsk, I wonder how much you can earn collecting bottles here in a day!"
"I reckon its development prospects are better than those of Green Forest City."
A sound came from one side.
"Forget about collecting bottles. The whole house under the bridge will be yours eventually. You can sell whatever you want, pots and pans."
Xu De flagged down a taxi, opened the door to let the passenger in, and casually said:
"Let's go to court first, I need to start presenting evidence..."
"Well, even without evidence, you still need to provide your information during the evidentiary period."
The mouse nodded and then scurried onto the car.
Xu De fell asleep in the back row. He had been overworked for the past few days, sleeping less than five hours a day. Now that he had arrived in Chengdu, he was truly exhausted.
Lin Yue didn't wake him up. Instead, she sat in the passenger seat and quietly gave directions.
Not long after.
The court then arrived.
Xu De led his team to the litigation service center and began submitting evidence.
At first, everything was fine, and everything was proceeding according to the procedures.
But as we walked...
The court staff gradually hesitated and began to ask questions:
"Attorney Xu, do you mean... you don't have objective evidence, but are only providing evidence for a question based on some objective information?" Xu De sat in front of the counter and nodded.
"Yes."
He had a very fruitful trip to Green Forest City.
But if you look closely, you'll find that Xu De actually gained nothing.
What? You're saying only evidence can substantiate speculation, and then you can defend yourself?
Go ahead and tell me the exact text of Article 4 of my "Law on the Protection of Minors"!
"Is that not allowed?" Xu De asked, puzzled.
The staff member was speechless. He looked down at the materials Xu De had submitted, then looked up at Xu De again.
to be frank.
The court will not pay attention to such purely speculative matters.
They might not only ignore you, but they might even give you a warning!
What warning?
This is a warning to you for attempting to delay the trial, fabricating evidence, and affecting the execution of the proceedings!
But... this message won't work.
"Yes...yes."
The staff hesitated for a long time, but finally gritted their teeth and accepted it, preparing to ask the judge.
"By the way, besides that, Yang Bing, the case handler for the attempted rape and assault case that Green Forest City transferred to Chengdu for trial, also asked me to submit a document for you."
Xu De slowly opened his mouth, then took out his briefcase and pulled out a document.
This is Zhang Er's case; the other party is still seeking compensation.
The court has already processed the case, and the proceedings show that the other party also had their first court hearing on the 15th.
Zhang Er's case is simpler; the court may not adjourn, and a clear verdict will be handed down in one go.
only......
"Sizzle!"
The material made a crisp sound as it passed through the air.
The staff member reached out and took it, glanced at it, and this time couldn't help but look up at Xu De:
"Attorney Xu..."
"You've taken the wrong materials."
Xu De glanced at the submitted materials and immediately shook his head: "No, this is it."
The staff member began by saying:
"But didn't you just submit this document?!"
The employee was taken aback and spoke up.
The person in front of me... handed in two sets of documents.
Two identical portions!
The only change was changing the person in question from Zhang Da to Zhang Er; nothing else was altered!
"This is normal. There are doubts about Zhang Xing's age, so to avoid being attacked on this point, Attorney Yang Bing submitted all the objective information to show that she may be the younger sister," Xu De said.
"He should claim compensation as he is alone and has no relatives."
"What about Zhang Yue?" an employee asked.
To be honest, this has little to do with his job; he usually doesn't ask other people.
But this... was truly eye-opening, and I couldn't help but ask.
"I already said that."
Xu De was surprised.
"The age of the person involved, Zhang Yue, is in doubt."
"We believe that the person in question, Zhang Yue, may be a minor sister, and according to the law, the case should be tried as a minor."
staff:
"Which of these sisters is the older sister?"
Xu De replied, "I don't have a sister."
The employees were stunned.
"Then who is the younger sister?"
Xu De spoke seriously and earnestly:
"They're all younger sisters!"
staff:???
The employee's brain has gone blank.
His mind was running a program, but the program's logic was flawed. Yet, upon closer examination, it was strangely smooth and completely without any problems.
He has been working at the court for several years.
People submit all sorts of evidence, but... this is truly the first time.
He was staring blankly, clearly lost in his own world.
Xu De sat in the chair with his arms crossed, a faint smile on his face, and began to speak:
"Is there anything else you'd like to ask?"
The employees came to their senses.
He looked at Xu De, wanting to speak but stopping himself, wanting to speak but unable to utter a single word.
quite a while..
The employee said:
"That's all."
"Okay, thank you for your help. We'll go find the parties involved to verify their information now. If there are any further developments, the court can contact me 24 hours a day." Xu De said after registering the identities of Lao Shu and the others.
Only then did he leave with his men.
The employees were still in a daze.
He remained stunned until the counter was completely empty, still in a state of deep shock.
The employee had always known that there were some minor flaws in the law, but he really hadn't expected this...
One day.
There are actually people who use the law like this!
"No, no, no, no..."
"This person doesn't seem to have any evidence."
The employee came to his senses, but was even more astonished. As he watched Xu De's departing figure, something suddenly came to mind.
Currently, in the Ninth Hospital case, Xu De's defense can be roughly summarized as follows:
"Mental illness + self-defense + minor"
Since minors cannot be proven, the law stipulates that a conservative judgment should be made.
If it is a case of self-defense, it does constitute self-defense under certain circumstances, but there is subsequent intentional injury.
But the problem came again.
Mental illness can weaken the criminal penalties for "intentional injury"!
Yes, it's about weakening, not absolving.
Xu De could not prove that Zhang Da injured someone while he was having an attack.
The court cannot say that the other party is not mentally ill.
Given the conservative nature of the judiciary, a compromise would be reached: someone affected by mental illness but not out of control would be held partially responsible. Is this a downside? No, it's an advantage!
You may find it hard to understand why it's better for someone with a mental illness to bear partial responsibility for harm than someone with a mental illness who loses control and harms others without bearing criminal responsibility.
After all, one is responsible and the other is not, so theoretically the latter should be better.
because..
"If someone is injured while out of control, the sentencing will almost certainly include 'compulsory medical treatment'."
"If there are family members present, it can be considered to let them take care of the child. If the family members are out of contact, the child must be sent to Ankang Hospital for compulsory treatment."
"But the degree of responsibility differs..."
At this moment, the employee's mind suddenly cleared, and he felt a smoothness he had never experienced before.
"Partial responsibility will not force them to undergo compulsory medical treatment at Ankang Hospital."
"Under normal circumstances, although they may not end up in the hospital, they will still be criminally liable and sentenced!"
"So even if it has been weakened by the Mental Illness Protection Act, it is still much worse than not going to the hospital at all."
"But... what if there's also the element of 'self-defense + minor'..."
"The remaining criminal liability will be eliminated by these two laws..."
The employee paused for a moment, then his face showed an expression of amazement and astonishment.
"I've never seen anything like this before..."
"A lawsuit can be fought like this...? A lawsuit can be fought like this!?"
He never imagined in his life that such a combination could exist.
However, the logic is closed-loop and there are no loopholes.
Oh, that's not right either.
The only loophole is that the opponent can find the guardian, but... even if the guardian comes, there's practically nothing they can do.
After being out of contact for more than a decade, even the neighbors didn't know who was the older sister and who was the younger sister among Zhang Da and Zhang Er.
Even if the guardian comes and identifies the person, it won't help.
The court does not recognize it!
The other party has already "neglected their duty." Aside from irrefutable evidence, such as birth fingerprints, the court won't believe a word they say. "Forget it."
"This has nothing to do with me."
The employees felt a sense of satisfaction.
"How the verdict is delivered is the judge's business, huh..."
The thought of judges makes the employees want to laugh.
The copy-and-paste approach to dealing with mental illness had barely ended a few days ago, and before they'd even figured out how to handle that, the defendant pulled this stunt on them...
The staff smiled as they finished organizing the materials, then summarized and submitted them.
Approximately.
After a long while.
At 1:30 pm.
Another lawyer suddenly walked into the service hall, found an employee, and said:
"Hello, I have a question. Did the defendant present any evidence today?"
Lawyer Wei Xiao looked at the employees with a smile on his face.
The employee paused for a moment, then raised an eyebrow, recognizing the other person.
This is a member of Fan He's legal team in the Chengdu case.
Since the trial concluded on April 1st, Fan He has been locked in a information war, sending someone to the court twice a day every afternoon to inquire about information. He fears that the second hearing might also result in the same situation as the first, where a mentally ill person was overlooked.
only.....
The other party came every day for the past ten days, but they never provided any evidence. However, today...
Yes, there are.
The employee's expression turned somewhat strange as he recalled the materials he had prepared that morning.
"have!?"
Wei Xiao was startled, and his smile vanished. He really hadn't expected that Xu De would present evidence again just four days before the trial! "However, there was no substantial objective evidence."
The employee spoke up, "It's all basic information, do you want it?"
He spoke objectively.
Xu De did not submit any substantive evidence.
It's more like they reorganized the sisters' information and resubmitted it.
"want!"
Wei Xiao did not hesitate.
He's no longer letting any information slip by.
For this case, Fan He even used his personal connections to bring in lawyers he knew in Chengdu to discuss and reflect on the case. Currently, the issue of "mental illness" has been broken down in great detail.
The idea that a medical episode could lead to a loss of control and thus absolve one of criminal responsibility is impossible!
At the very least, they have to take responsibility.
"Okay, it's all here. In addition, two witnesses have been registered. However, you can only contact the relevant witnesses during the court hearing." The staff handed over the photocopied information materials.
"The judge has already reviewed this information and there are no issues. You can review it."
As for the materials, Judge Meng Junfeng has already reviewed them.
As for how I feel...
It's almost 2 o'clock now, but Meng Junfeng hasn't had lunch yet, which is enough to prove his mood!
"Okay, thank you for your help."
Wei Xiao eagerly took the message and quickly looked at it, but after a moment, he discovered...
Information to be presented as evidence...
It seems that all of this is basic information... There isn't a single piece of information that can be called "evidence"!
"Um?"
Wei Xiao frowned, touched his chin, and looked thoughtful.
He didn't quite understand, but he was wary of Xu De.
"Never mind, take it back and let Attorney Fan take a look."
Wei Xiao turned and left.
P.S.: One chapter was blocked yesterday, and it took a while to unblock it this morning.
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