Lawyer: Start with legal retaliation against infidelity!
Chapter 190 Sophistry! [Bonus Chapter for Monthly Tickets: 12!]
"The defendant, Zhang Yue, should be tried with leniency due to her status as a minor!"
His words were spoken with a resounding force.
Xu De sat back down and didn't say anything more.
The prosecutor's stand.
The three prosecutors glanced at Xu De, slightly surprised.
The opponent's on-the-spot reaction ability... was somewhat high. Fan He's surprise attack was clearly something he came up with on the spot, something the opponent theoretically couldn't have predicted, but even so...
Can they understand it instantly, refute it in a short time, or even turn it into their own use?
"Prosecutor Deng, this..."
Liu Xi and Wang An hesitated, and subconsciously looked at Deng Shijie.
"Isn't it somewhat inappropriate to handle this at this age?"
The treatment of age is too simplistic and lacks any substantial theoretical basis.
If the case is handled as if the defendant were a minor...
"Have we found any evidence?"
At the prosecutor's stand, prosecutor Deng Shijie asked a question in return.
"No...no, that's not the case."
Liu Xi shook his head.
Four days before the trial, the court was the first to be presented with evidence, and the second was the prosecutor's office.
Upon receiving the information, the prosecutor conducted a thorough investigation into the age issue, even flying to Green Forest City, but still couldn't find any information.
so..
"The lack of information is the biggest evidence against them."
Deng Shijie shook his head and said, "Similarly, without information, you can't prove the other party's true identity, so their suspicion remains!"
"In ordinary cases, suspicion exists, and evidence is required."
"But for minors... the judiciary clearly stipulates that judicial personnel, when faced with difficult decisions, must prioritize the interests of the minor." He said.
Deng Shijie whispered and pointed at Wang An.
"Who are you?"
Wang paused for a moment, then said, "Prosecutor."
"You are a judicial officer!"
Prosecutor Deng Shijie shook his head, then pointed to himself.
"I am also a judicial officer."
"Just listen to the law."
Upon hearing this, the two paused slightly, then nodded without refuting Xu De's words.
Trial court.
"It seems there really is no evidence."
Judge Meng Junfeng, a third-level senior judge, nodded slightly, understanding the situation.
In the criminal court on one side, Vice Presidents Lu Jun and Ma Youxin nodded and began to speak:
"The defendant's investigation was very detailed."
"We've investigated the Health Bureau, the Center for Disease Control and Prevention, and the Civil Affairs Bureau thoroughly. We've even found neighbors who had disappeared long ago. We've provided evidence for everything we could."
"The prosecution verified it and did not raise any questions. The probability of identity information being confused is too high."
Deputy Chief Judge Lu Jun gasped in surprise.
This is a case that could have resulted in the death penalty, yet the defendant was tried as an adult…
What if he's sentenced to death, and after the execution, it turns out he's a minor...?
Just thinking about the consequences made Lu Jun feel lingering fear.
Ma Youxin nodded: "If there are no doubts... it can basically be determined that they are minors."
They had discussed it before the trial and didn't need to communicate much.
However, the court proceedings must continue.
After a moment's thought, Judge Meng Junfeng finally turned to look at the representatives' seats.
"Civil litigation agent".
"Regarding this case, do you have any further objections to the defendant's statements?"
After he finished speaking...
The crowd snapped out of their daze, their sharp gazes piercing the air as they looked toward the agents' seats.
Fan He heard this.
His lips twitched slightly for a moment, then he fell silent.
"Attorney Fan, what should we do now?"
On one side, Wei Xiao, the team's lawyer, asked in a low voice, but the other party remained silent.
Wei Xiao was getting anxious.
Judging from the current situation... it's impossible to bring down a minor. Although they anticipated this before the trial, they are still somewhat unwilling to accept this reality.
"What else can we do? There's nothing we can do..."
Fan He closed his eyes and took a deep breath.
The determination of the defendant's identity... is almost beyond the reach of anyone to correct.
Even if the biological parents were to come back to life and testify in person, the court would not believe them without substantial records of their upbringing.
In general...
case.
On April 3, when Xu De found the angle of identity confusion, losing the case was already inevitable for them!
but. ..
Even if you lose the case, you should still make the other party feel disgusted and fight for your rights in another form!
Thinking of this.
Fan He suddenly opened his eyes.
As he opened his eyes, his previously dull gaze now appeared... unusually fierce!
"presiding judge!"
"Regarding this case, we have further objections to state!"
Inside the silent courtroom.
A clear voice came from the victim's legal counsel's seat.
Trial.
Meng Junfeng, who was just about to discuss the case, paused slightly, then turned to look at the other person, a hint of surprise in his eyes.
Do you still have any objections to express?
"Representative, regarding the defendant's identity, do you have any evidence to present for cross-examination?"
Presiding Judge Meng Junfeng began speaking tactfully.
The implication is that unless it's evidence... or even irrefutable proof, the issue of being a minor is considered settled and no longer open to discussion. However...
"presiding judge."
"Regarding the defendant, our objection lies in..."
talking.
Fan He paused, then took a deep breath, frowned, and said seriously:
"Regarding the defendant's 'mental evaluation'!"
A psychiatric evaluation?
The moment those four words were uttered, the people around were first stunned, and then their faces showed surprise.
mental illness?
Yes, that's right. In this case, Xu De's defense arguments for the defendant Zhang Yue are threefold.
First, the person was a minor; second, it was self-defense. While the self-defense aspect is somewhat controversial, the fact that the person was a minor undeniably constitutes some degree of self-defense. However, there is a third point.
Mental Illness Protection Law!
That is, Article 18 of the Criminal Code, the mental illness law, which was invoked by both parties during the first court hearing!
But hasn't the mental illness issue come to an end for now?
Neither party could prove their own illness, and both possessed mental illness assessment certificates, confirming that the other party was mentally ill.
There are objections at present.
"Representative, do you believe that the defendant was in a state of mental illness before the incident?"
At the trial.
Judge Ma Youxin, the deputy presiding judge of the criminal court, frowned, pondered for a moment, and then looked at the other party to ask.
Should they bear full criminal responsibility?
In theory, opposing lawyers will do this when the other party cites the Mental Illness Protection Act.
Even Xu De.
He frowned at that moment.
In the dock.
Xu De and Lin Yue frowned, exchanged a glance, wondering what the other was up to.
Agent's seat.
"No."
"We do not believe that the defendant is not ill or mentally unstable..."
Fan He shook his head slightly, then stopped.
Immediately afterwards, a sentence that shocked everyone present came out of his mouth.
"We believe that the defendant in this case is Zhang Yue."
"On February 18, 2003, all attacks and acts of aggression against our client, Liu Guofu..." "were committed while he was in a state of illness!"
"It's because they're controlled by the illness; they've lost control of both their mind and body!"
"In accordance with Article 18, Paragraph 1 of the Criminal Law."
"We believe that the defendant Zhang Da, who caused the harmful consequences while unable to recognize or control his own actions, is not criminally liable!"
This is..
A mentally ill person who bears absolutely no criminal responsibility!?
The crowd paused slightly, thinking they had misheard.
But look closely at Fan He's serious expression.
It was discovered immediately. ...
The opposing party, the plaintiff and the victim's lawyer, genuinely believes that the perpetrator... that is, the defendant Zhang Yue, is mentally unstable and should bear no criminal responsibility whatsoever!
Immediately following was a commotion, faces filled with astonishment, wondering what the other party was doing.
A cacophony of whispers arose below.
"An irresponsible mental illness!?"
"What's going on? Why would the plaintiff personally plead not guilty for the defendant?!"
"I don't understand... Minors are already a difficult case, and they usually don't get many years in prison, yet he's still racking up mental illnesses?"
The comments from the sidelines were no different from those from the sidelines.
The prosecutor, Deng Shijie, frowned, looked at the other party, and a thoughtful look flashed in his eyes.
dock.
Xu De and Lin Yue paused slightly, then...
"Completely irresponsible?"
Xu De seemed to realize something, and in a daze, his pupils contracted, and his originally calm expression turned serious at this moment.
At the same time, there was also a sense of shock in his eyes.
Presiding Judge Meng Junfeng said:
"Representative, do you mean... that you believe the defendant, Zhang Yue, should not bear criminal responsibility in this case?"
Meng Junfeng was stunned; he had never anticipated this situation before.
Agent's seat.
Fan He stood up and took a deep breath.
"Yes!"
"Presiding Judge, Judge."
"Before the trial, my client's condition was slightly relieved for a short period of time, and his thinking was normal. He gave a complete account of his memory of 4 a.m. on the day of the incident on the 18th."
The victim claims that the defendant, Zhang Yue, is mentally unstable, unable to communicate, and behaved abnormally chaotically at the time of the incident!
"In summary."
"We unanimously believe that the defendant, Zhang Yue, suffers from obvious and severe schizophrenia."
"At the time of the incident, she was unable to control her mental state and behavior. All the harm caused in this case occurred after her episode, and according to the law, she should not bear any criminal responsibility!"
It's all messed up...
Everything's in chaos!
The defendant's identity and age are inconsistent and problematic.
As a result, the person who was holding the other party accountable suddenly changed their tune, saying that the other party should not be held responsible!
Everyone was filled with thoughts, their faces showing shock. They had never imagined that the case would take such a dramatic turn!
"objection!"
In a daze.
In the dock, an unexpected voice emerged, representing the opposing side.
Before anyone could react, Xu De stood up, his face grim, pointed a heavy finger at the other man, and roared:
"Your Honor, the attorney is engaging in malicious cross-examination!"
"His aim is not to ensure a fair trial, but rather to attempt to substitute medical treatment for criminal liability!"
"The prosecution's lawyer is engaging in deliberate retaliation!"
Medical treatment can replace criminal liability...
First Court.
Nearly a thousand people, whose minds were initially in a state of utter confusion, were brought to a standstill after those blunt words were uttered...
They were jolted awake, their pupils contracted, and they immediately realized what was happening.
Yes.
The fact that mentally ill individuals are not held criminally responsible is indeed a problem.
However, while not incurring criminal liability, the mentally ill person must be forcibly detained in "Ankang Hospital" for compulsory medical treatment!
Ankang Hospital is not a good place, otherwise Liu Guofu would not have thought of running away.
Later generations were better off, but now... beatings, drugging, electric shocks, and rape really do happen!
Compared to prison, the only advantage is a bit more freedom... but prison has a sentence.
Compulsory medical treatment is "life imprisonment!"
There's no specific timeframe for when you can be discharged; it all depends on the attending physician's subjective opinion on whether you're fit for discharge. If they consistently believe you can't be cured, you could potentially stay inside for life!
Therefore, the plaintiff intends to...
Medical treatment can replace criminal liability!
Moreover, it could be an incredibly long period of compulsory medical treatment, possibly decades, instead of a maximum of five years of criminal liability!?
"Your Honor, we are simply stating the facts of the case!"
Agent's seat.
Fan He withdrew his gaze from Xu De and shifted it to the judge, saying calmly:
"Our client is deeply remorseful and does not wish to pursue criminal charges against the other party."
This is the opinion of Liu Guofu and Yan Fei.
After realizing that there was no criminal liability or civil compensation to be paid, the other party became somewhat deranged.
So, Fan He simply presented the choice, and the other party decisively chose to accept a lifetime of compulsory medical treatment instead of short-term criminal liability! Compulsory medical treatment... is not something that can be restricted by minors!
"This is the testimony of the only person who was conscious and aware of the entire course of the case during the incident."
talking.
He pulled out a document from his briefcase, which was mostly Liu Guofu's one-sided confession regarding his severe mental illness.
"Please proceed with the trial."
The words were spoken.
The clerk then handed the documents to the judges, who took them and frowned more and more as they read them.
The materials are flawless.
"objection!"
"We object! This is clearly a subjective statement, without any objective evidence to support it!"
Xu De spoke, his voice loud and carrying a hint of anger.
He was certain that the person in front of him... was definitely settling a personal score!
They transformed their incompetence in handling the case into acts of harming the defendant, Zhang Yue. Ostensibly, it was about holding their client accountable, but in reality... it was pure venting! "No, this is an objective account from our side!"
Fan He did not hesitate and immediately shook his head in rejection.
"Oral accounts lack objectivity unless supported by evidence!"
Xu De showed no sign of backing down.
Fan He said, "There is objective evidence at the scene!"
"In this case, the victim, Liu Guofu, suffered 17 stab wounds but did not die, and the injuries he sustained were clearly disorganized."
"This indirectly proves that the defendant, Zhang Yue, lacked the ability to make her own judgment at the time of the incident!"
"be opposed to!"
dock.
Lin Yue was also furious. Her mind started racing, and she began to respond.
"During the police arrest of the defendant Zhang Yue on February 18th, her subsequent testimony clearly indicated that Zhang Yue was of sound mind at the time of the incident!" "She was merely affected by her medical condition, and was not actually out of control!"
Agent's seat.
Fan He began by saying:
"Defendant, what we want to tell you is..."
"Mental loss of control and physical loss of control are two completely different things!"
"The defendant, Zhang Yue, was clearly in a state of mental instability, with her body out of control. Therefore, she exhibited a state where her mind possessed independent consciousness, but her body was not under her control!"
The words were spoken.
"absurd!"
Lin Yue completely disagreed. Her brows furrowed, and she said sharply:
"That's just sophistry! Your side is clearly engaging in sophistry!"
"Whether or not the situation was out of control should be determined by our defendant himself, not by the subjective judgment of others!"
Fan He shook his head, vehemently denying it.
"No, this isn't a subjective judgment, but rather the firsthand, actual sensory experience of our client!"
"He is a victim."
"He has the right to make accusations regarding the other party's condition!"
talking.
Fan He paused slightly.
Then, he looked at the person in front of him and a gentle smile appeared on his face.
"If you believe that the defendant, Zhang Yue, was not out of control, then..."
Where is the objective, substantive evidence?
evidence?
If such a thing existed in the spiritual realm and objective, substantial evidence could be found, then humanity would not have continued to live on Earth!
"you!"
Lin Yue was filled with resentment and anger, but she couldn't produce even a single piece of evidence.
Fan He smiled slightly.
Since the perpetrator was a minor, the case was impossible to verify, and Fan He could not produce any evidence.
same.
Indicating mental illness.
The other party also couldn't produce any objective evidence to prove that they were not ill!
"The defendant."
"Please submit evidence!"
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