Lawyer: Start with legal retaliation against infidelity!

Chapter 189 Acting like a hooligan in court!?

"Your Honor, we have clear grounds to suspect that the defendant, Zhang Yue, may be a minor!"

In the dock.

Xu De opened his mouth and uttered the words in an instant.

The people present were slightly taken aback.

The defendant, Zhang Yue... is a minor!?

Let alone the audience.

The defendant, Zhang Yue herself!

At this moment, Zhang Yue, sitting in the defendant's seat, listened to the voices around her, a look of confusion on her face.

Who is a minor?

She? Is she a minor? No, didn't the police say she's an adult?...

Agent's seat.

"Clang!"

Fan He, the civil litigation agent, sat in his seat, watching Xu De's tense face, his hands clenched so tightly that his knuckles turned white, making a crisp "crackling" sound. He gritted his teeth, feeling furious inside, his eyes fixed on the other party.

Trial.

Presiding Judge Meng Junfeng paused slightly, then spoke:

"Defendant, please state your case."

Is there any objective basis for your claim?

Objective basis?

In the dock.

Xu De briefly organized his thoughts, then took a deep breath, and his calm and unhurried voice rang in everyone's ears.

"Your Honor, regarding this case..."

"We have five pieces of evidence to suggest that the defendant, Zhang Yue, is of questionable age, and there is a factual dispute regarding this!"

"1. There are problems with the legal determination of age and there are procedural issues."

He paused slightly, then spoke:

"According to our investigation, the defendant Zhang Yue was arrested on February 18, 2003."

"The police have no objective evidence. They have identified the defendant as Zhang Yue, the elder of the Zhang Yue and Zhang Xing sisters. The police are acting based on 'habitual thinking' and the defendant Zhang Yue... let's call her Zhang Yue for now."

"In other words, Zhang Yue subjectively claimed to be the older sister, and therefore assumed the other person was an adult older sister!"

"but-.."

Xu De paused as he spoke.

Then he spoke again:

"This is not right!"

"No. 2."

"In other words, the information is entirely based on the defendant's subjective statements and lacks any basis!"

"The police never doubted the identity information the defendant subjectively revealed. What if it was a scapegoat? What if the younger sister didn't want her identity tarnished?" "So, this minor, posing as an adult to take the blame?"

The moment the words were spoken.

The people in the First Court twitched, their faces showing astonishment.

Even Fan He, who had been holding back for three days, could no longer tolerate the situation while holding the proxy seat.

"A minor, voluntarily taking the blame for an adult?"

Adults have always been the ones to take the blame as minors.

Or it could be that normal people use mental illness laws to exonerate themselves.

This was the first time they had ever heard of a minor being tried as an adult when they had nothing better to do!

Don't you have anything better to do?

Feeling like you weren't sentenced enough and it wasn't exciting enough!?

Fan He clenched his fists and roared:

"Defendant, do you even want to listen to what you're saying?!"

"Agent, please do not interrupt us!"

Xu De immediately spoke up, scolding the other party without any room for negotiation.

"First, if you believe that what I said may not exist, please provide evidence for verification."

"If not, do not disrupt the order; otherwise, we have the right to request your expulsion from the court!"

Upon hearing this, Fan He felt a surge of anger, but he couldn't think of a single word to refute it.

Xu De ignored him.

Instead, he took the evidence in his hand again and continued reading:

"Secondly, there is the third point, 'analysis under objective conditions'."

"Your Honor, based on the information provided by the police, we can clearly see..."

"The defendant's parents died early, and the guardian appointed by the Civil Affairs Bureau absconded with the money in their early years, committing the crimes of abandonment and embezzlement, which caused Zhang Yue and Zhang Xing to become homeless." "During their homelessness, the two were 4 years old and 3 years old, respectively."

"This shows that the appointed guardian is extremely irresponsible. Furthermore, given that the parents died young and look almost identical, the appointed guardian would have difficulty distinguishing them."

"This could very well lead to logical errors in the issue of identity!"

Twins are relatives who are easily mistaken for one another.

To be honest, let alone neighbors and friends.

Even parents themselves often mistake their children for others, let alone irresponsible guardians.

Most importantly...

"No. 4."

"Our investigation has found no objective evidence to distinguish their identities!"

"Evidence that cannot be objectively verified, including but not limited to the local health bureau, disease control center, and civil affairs bureau where the child was born, does not exist!"

"And, number 5."

"Even the neighbors who witnessed their birth cannot tell whether the defendant's true identity is Zhang Yue or Zhang Xing!" Five viewpoints, but the core idea points to the same clue.

That is to say...

The identity of the defendant, Zhang Yue, is in doubt!

The moment the words were spoken.

The audience erupted in uproar, feeling a jolt and a chill run down their spines.

"Is there a problem with my identity!?"

"What does it mean to be unable to prove your identity? You don't even know who you are!?"

"You know what, it's actually quite possible. The two people look alike, their parents died early, when they were two or three years old, and their sense of identity hadn't been formed yet."

"Afterwards, the Civil Affairs Bureau will appoint a guardian to take over the guardianship, but... sometimes even parents mistake one person for another, let alone an irresponsible appointed guardian who might just call someone whatever comes to mind!"

"Raising doubts...now that doubts have arisen, the possibility objectively exists!"

"And points four and five are objective statements that cannot be verified..."

A commotion arose in the audience, the crowd grew increasingly agitated, and the voices grew louder and louder.

They don't really understand the law.

But they also know what will happen if their age cannot be verified.

As Xu De just mentioned.

According to Article 4, Paragraph 1 of the Law on the Protection of Minors...

The principle of presumption of innocence applies.

When there is doubt, proceed with the evidence!

If the problem objectively exists, then we should, based on the fact that the person is a minor, apply the principle of "evidence prevails in case of doubt"!

The prosecution's accusations... lack any objective evidence, and all so-called "subjective" elements must be erased!

so..

"Under...minor?"

In the audience, Zhang Miaomiao was stunned, as if a nuclear bomb had exploded in her mind, and she couldn't help but exclaim.

Sister Wu's eye twitched, her eyes widening in astonishment.

"more than."

"Don't forget about the mentally ill!"

Mental illness + minor? Even in cases of suspected evidence, self-defense must be added!

Zhang Miaomiao stared wide-eyed at the trial area, her body and mind trembling, as did the rest of the audience.

In the trial area.

"In summary."

"According to Article 4, Paragraph 1 of the Law on the Protection of Minors."

In the dock.

Xu De, who had been silent for a while, took a deep breath and paused slightly after his series of words.

Immediately.

He looked toward the trial and nodded, saying:

"We believe that the defendant, Zhang Yue, should be tried as her underage sister, Zhang Xing!"

talking.

Xu De paused again, then added:

"The same applies."

"My sister, Zhang Xing, also has an unconfirmed identity, so she must remain a minor."

The older sister, Zhang Yue, is not the older sister; she is a younger sister who is not yet an adult.

Zhang Xing is not a younger sister, but she is also a younger sister who is not yet an adult.

Although it sounds a bit convoluted, the logic is very straightforward.

That is the essence.

If one of the sisters can confirm her identity, she can naturally testify for the other, and both can confirm it.

And correspondingly.

If one person cannot be identified, the other person's identity cannot be confirmed either.

Therefore, both cases should be handled conservatively.

"That is to say."

"In the trial of the defendant 'Zhang Yue,' according to the law, she must be treated as a minor."

"But that doesn't mean Zhang Xing is an adult!"

"In this case, even though Zhang Yue is being tried as a minor, the trial must still focus on Liu Guofu's attempted rape of his underage sister Zhang Xing, and the psychological pressure exerted on our client by the opposing party must not be reduced!"

Xu De spoke again, adding a point.

What... I'm my sister's sister? My sister is my older sister, and I'm my older sister's older sister?

The words were spoken.

The faces of the audience members were already filled with shock and astonishment.

Some of the less bright ones, whose faces were now flushed, scratched their heads for a long time, still unable to figure it out.

At the trial.

The three judges were stunned.

Although the three of them had expected this, Xu De's explanation of the logic still left them with many questions. Their lips moved slightly, but after a long while, they didn't utter a single word.

The prosecutor's stand.

The three prosecutors clicked their tongues in disbelief, their faces filled with helplessness.

The prosecutor is indeed ruthless.

But when it comes to minors, prosecutors are no match for them.

Countless high-profile cases in later generations have shown that prosecutors could not control the outcome of the defendant's sentence; this is the weight of the burden of being a minor. Two knives?

Let alone two rounds.

Without solid evidence, the fact that three or four knives were found in the other party's bag before boarding the plane was useless!

"Objection! Objection! Objection!!!"

While everyone remained silent and pondered.

A somewhat urgent voice appeared beside my ear.

During the trial, the three judges turned to look and saw the lawyer, who was now looking anxious and constantly expressing his opinions.

"Your Honor, we have an objection to state!"

Fan He panicked.

The other party... clearly wasn't leaving them any way out.

If you don't want to bear criminal responsibility, being a minor, having a mental illness, and acting in self-defense—if any one of these conditions is met, even if Liu Guofu dies, it won't matter, let alone the combination of all three. It's like a dimensional reduction attack.

"presiding judge!"

"The other party had already verified the identity at the initial stage of the case filing."

"The sisters involved in the case have called each other 'older sister' and 'younger sister' since they were children; their memories of each other have never been interrupted!"

"Their memories originate from their biological parents!!!"

Fan He spoke anxiously, standing up in an attempt to undermine the other party's defense.

He can accept losing the case.

After all, it's not like I haven't lost before.

But it is unacceptable that, when they were in the superior position and were the ones seeking accountability, they could be defeated so thoroughly, like a stray dog ​​being kicked to death at will!

This is purely a problem with case handling skills, which can have lifelong consequences, and there's absolutely no way they can become a top-notch lawyer!

"be opposed to!"

dock.

Without hesitation, Xu De immediately retorted before the judge could speak.

"This reflects the individual's subjective opinion, not an objective one!"

"Its subjective findings, influenced by numerous chaotic factors, should not be considered objective evidence!"

"Applying this to the 'Law on the Protection of Minors,' Article 4, Paragraph 1 states that 'innocence is presumed,' and unfounded speculation should be ignored!"

The words were spoken.

A surge of blood rushed to Fan He's forehead, veins bulged, and his blood pressure rose.

This is the bug in Article 4.

Even if they haven't been officially recognized as minors yet.

However, the other party can still refute you by claiming to be a minor!

Yes.

Even though it's just a guess, the other party's guess can be taken as fact without any basis, and then this "fact" can be used to refute your guess!

The assertion of evidence in the absence of evidence is rejected.

"objection!"

"The objection is based on objective scientific observations of human growth."

"Older age often means better health and more mature thinking."

"I noticed that the defendant was taken in as a homeless person when she was four years old, and was subsequently designated as the older sister, which should have been based on her physical condition!"

Fan He spoke again.

He has a quick mind, speaks logically and clearly, and everyone can understand what he says.

"And during childhood, physical fitness undergoes tremendous changes every year!"

"Judging by the changes, it's almost impossible to mistake someone else's identity!"

You can try to recall it briefly.

What are the differences between childhood and adult development?

for example.

23 years old and 27 years old are 4 years apart. Can you tell which one is 23 and which one is 27?

Her appearance has hardly changed!

but.

What about 3 years old and 7 years old?

They're four years apart, but you can tell even with your eyes closed!

In other words, in humans, developmental stages in early childhood experience "precipitous drops at each age," with a significant difference in development between age 3 and 4. However...

"objection!"

"According to your theory, those with poor physical development are the younger sisters, and those with good physical development are the older sisters."

"but.."

"Based on identification by neighbors and other individuals."

"The sisters involved in the case, the elder sister had a miscarriage that led to premature birth and was in poor health."

"That's why her mother had a second child, with a healthier body and condition than her peers, to take care of her!"

Xu De did not hesitate at all.

His mind was much quicker; he instantly found the opponent's weakness and strengthened his own argument.

"And according to your logic..."

"More than ten years ago."

"The older sister, as determined by the homeless old woman based on her healthier physique, should actually be the true, healthy younger sister!" "And over the next decade or so, it was evident that the so-called younger sister, Zhang Xing (Zhang Er), was physically weaker than average, consistent with the characteristics of a premature older sister!"

The two sisters, right after giving birth.

The mother was born with the intention of having her younger sister take care of her.

Although it cannot be proven.

But... reality is indeed going according to her plan.

For more than a decade, it has been Zhang Yue who has been taking care of Zhang Xing, who is in poor health!

Although it is impossible to distinguish who is the older sister and younger sister with objective and scientific evidence, the logic has already been demonstrated!

In summary....

"presiding judge!"

"The agent's counter-question does not refute our argument."

"On the contrary!"

Xu De stood up, giving the other party no chance to refute him, and instead spoke righteously:

"His words perfectly align with Zhang Yue and Zhang Xing's misunderstanding of their identities, thus adding fuel to the fire and providing further evidence for this claim!"

so..

"The defendant is Zhang Yue."

"He should be tried with leniency because he is a minor!!!"

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