Lawyer: Start with legal retaliation against infidelity!

Chapter 248 Who is the defense attorney?!

"The defendant, Zhu Dali, should bear full responsibility for the charges brought by the prosecution in this case!"

In the proxy seat.

Xu De looked at Zhu Dali. His face was gentle, but his eyes were very cold.

"According to the law."

"The crimes should be punished concurrently, and the most serious crime should be chosen for sentencing!"

After he finished speaking...

Zhu Dali's heart sank, and he suddenly looked up at Xu De. The two stared at each other.

He was targeting the other party... or rather, if the law allowed, Xu De wouldn't mind letting the other party die.

What? You think the other person is innocent? That he's a desperate fugitive who just wanted to leave his child some money before he died, to show his fatherly love?

That is indeed the case.

But Zhu Dali wasn't making money; he was taking the blame. He clearly violated Article 310 of the Criminal Law, the crime of "harboring or shielding a criminal"!

Article 310, the original text clearly states:

Anyone who knowingly provides a hiding place, provides money, helps a criminal to escape, or provides false testimony to protect them shall be sentenced to fixed-term imprisonment of not more than three years, detention, or public surveillance!

The judicial interpretation clarifies that: [Intentionally impersonating a criminal to deceive judicial authorities, that is, taking the blame or covering for someone else, constitutes "providing false testimony to protect a criminal," and is directly classified as the crime of protecting a criminal!]

in other words.

The other party is using a criminal charge of harming others to leave behind a sum of money!

It's essentially the same logic as killing someone to steal money for your child before you die!

only......

"Agent, this is a warning!"

On the judge's bench.

Judge Yang Jianjun frowned, slammed his gavel, and issued a stern warning.

"It's not your turn to speak yet. If you disrupt the court proceedings again, the judge has the right to require you to recuse yourself from this case!"

Avoidance means being expelled from court.

Xu De nodded. He had expected to be warned before he spoke, so he admitted his mistake and accepted the punishment.

Whether he changes his ways or not is none of your concern; the point is that he accepts the warning and punishment.

On the judge's bench.

Presiding Judge Yang Jianjun took a deep breath, refocused his thoughts, and after a moment of contemplation, looked at the defendant's dock again and asked in a deep voice.

"dock."

"Do you have anything further to say?"

at this time.

In the dock.

The defense lawyer's stern expression was somewhat gloomy. He glanced at the defendant's seat, at Zhu Dali's unpleasant face, and felt a surge of anger rising within him.

Soothing people's emotions requires a gradual approach.

But with Xu De interrupting him like this... any attempt to soothe him would be much less effective!

Even if the effect is greatly reduced, it is still somewhat effective.

After carefully organizing her thoughts, she looked up at Yang Jianjun and spoke again:

"Presiding Judge, Judges."

"The attorney and prosecutor, regarding this case, the defendant Zhu Dali violated Article 263 of the Criminal Law, the crime of robbery. We believe that the statement is incorrect."

"We firmly maintain that the defendant, Zhu Dali, did not commit robbery against the victim!"

"First, apply the regulations in practice."

"To determine whether something constitutes robbery, the core issue is when the intent to illegally possess the property arises!"

The crime of robbery is actually quite vague.

Of course, I'm not referring to ambiguity in legal judgments, but rather ambiguity in behavioral aspects.

For example, indecent assault and attempted rape can be accurately distinguished by looking at just these two points. But what if an impotent man intends to rape another woman?

If an act does not meet the criteria for rape but clearly exceeds the level of indecent assault, should you determine whether it is indecent assault or attempted rape?

The same reason.

Robbery is the same!

If you are a thief, and you go to someone's house intending to steal something and take the valuables, that is theft.

If a family member wakes up and the other person tries to stop you, and you happen to push them, causing their death, and then you take the valuables, then that's not theft, but robbery!

But the words came back again.

What if you're going there because of emotions or conflicts?

For example, you intend to beat someone up, but you lose control of your strength and kill them. Then, before leaving, you casually remember to take the money with you.

Does this count as robbery?

Judging from the results...

Both cases resulted in casualties, and both involved taking money with them; the details of the cases are almost identical!

but......

The latter, however, does not constitute robbery!

"Your Honor! Ladies and gentlemen in the audience."

According to the Supreme People's Court's "Opinions on Robbery and Theft," if someone commits intentional homicide and then impulsively takes the victim's property, they shall be punished for both intentional homicide and theft.

In the dock.

The lawyer spoke slowly and deliberately. He hadn't looked at his notes, and it was clear that his legal reasoning skills far surpassed those of ordinary people.

Even if it's a spur-of-the-moment decision, they can find a bunch of legal justifications to support it.

"Notice!"

Yan Mi's eyes narrowed, and he spoke seriously, emphasizing:

"It's theft, not robbery!"

The voice reached everyone's ears, and the judges on the bench paused slightly before nodding in agreement.

The prosecutors frowned and began to think, but did not speak directly.

Yes.

From a legal perspective, if we only consider the second contradiction in the case, which is divided into two parts, Zhu Dali does not constitute robbery.

Even if the method and result are the same as robbery, it still does not constitute a crime!

Legal basis: Supreme People's Court's Reply on Robbery and Murder

It is clearly stipulated that if the perpetrator has the intention to rob beforehand, and the murder is merely a violent means to suppress resistance and seize money, then the act of violence and the act of seizing money constitute the same crime and should be directly classified as robbery.

However, if someone kills someone because of conflict or emotion, and only remembers to take the money after the killing, this does not constitute robbery.

It's actually intentional homicide plus theft!

"That... does seem to make sense."

"Based on the case details, Zhu Dali's reason for lying in ambush on the only possible route was not to rob money, but because of a conflict..."

"They only thought of taking the money after they killed the person..."

"Although it is similar to robbery, it should be classified as theft in nature."

"..."

In the audience.

After a moment's thought, the crowd hesitated and began to whisper amongst themselves.

It sounds a bit convoluted, but once you calm down a bit, it's not that hard to understand.

On the judge's bench.

Ignoring the commotion below the stage, Judge Yang Jianjun pondered for a long time before turning to the prosecution, the public prosecutor.

"Prosecutor, do you have any objections to the defendant's statements above?"

The words were spoken.

At the prosecutor's stand, Prosecutor Zhao Qian nodded, pulled out the prepared documents, and slowly began to speak:

"presiding judge."

"In this case, there are two contradictions. First, the two parties at the construction site had a dispute over money. Second, Zhu Dali intercepted and killed the victim and then took the money away. There is a very clear connecting factor in this process, namely, 'money'."

"According to information obtained by the police..."

"..."

One voice after another fell.

Zhao Qian then talked about Zhu Dali's private affairs, such as how Zhu would ask others for money, and if they refused, he would break off relations with them, leading to a fight.

Or, if a creditor comes to collect unpaid wages and he refuses to pay, it can still lead to a fight between the two.

From the former perspective

Zhu Dali's conflicts with others were not due to "emotions," but rather to money.

Similarly, it's highly likely that Zhu Dali killed not out of emotion, but for money; therefore, this would fully constitute the crime of robbery!

but......

Unlike prosecutors on the bench who take "robbery" seriously.

The other parties... all have ulterior motives.

"Attorney Yan, I'm in trouble."

The defendant's dock.

After seeing the words from the prosecution's seat, Zhou Ning frowned, turned to the side, and spoke in a low voice.

"I know." Yan Mi took a deep breath, a hint of agitation in his eyes.

Whether it constitutes robbery is not important, and theoretically, determining whether it is robbery or not is not particularly complicated in this case.

But Xu De stirred things up.

First, she broke the calming effect she had gradually built up on Zhu Dali.

Then, they raised objections in a very clear manner, and the prosecution immediately countered.

Thus, the crime of robbery has become a quagmire.

Drag it into the swamp and drown it!

"We can't drag this out; we need to get this over with quickly. The longer it drags on, the greater the chance the case will be adjourned."

He pondered deeply with a composed mind.

He didn't even listen to the prosecutor, just as he had thought: whether the case was robbery or not was irrelevant.

Instead, they reassured Zhu Dali by identifying a clear and quickly identifiable factor.

If that factor doesn't work, then...

Quickly extricate yourself to prevent Zhu Dali from becoming emotionally agitated!

It's also crucial to avoid adjournments! Adjournments would subject Zhu Dali to the agony of another trial, making him increasingly agitated. Furthermore, the paternity test would inevitably be brought up, at which point the prosecutor would likely focus their investigation on financial matters...

What? The money won't be paid until a year later, and we can't find it anywhere now?

Don't underestimate the "strength" of these judicial personnel.

Let alone a year, it's common for a case to be dragged out for five or six years before a verdict is announced if the investigation is really thorough!

"We need to look at it from a different angle..."

He stared intently at Zhu Dali's profile, which seemed to be lost in thought.

"Let's look at it from a different angle... one that can't be refuted!"

After a long while, when the prosecutor finished speaking, everyone's gaze fell on Yan Mi again.

at this time.

He then looked up at the judge's bench and began to speak:

"presiding judge!"

"In this case, the defendant Zhu Dali has shown a good attitude."

"First of all, after committing the crime, the perpetrator did not leave out of fear and let the victim die. Instead, after realizing that he had used excessive force, he returned to the scene a second time to confirm."

"Secondly, within just a few hours of the incident, the defendant Zhu Dali called the police and surrendered himself."

"Furthermore, he showed no resistance after surrendering and cooperated well."

"In conclusion, we believe that a lenient sentence may be imposed."

this......

We're not going to dwell on the robbery charge anymore?

When everyone heard this clearly, a hint of surprise appeared on their faces.

Zhu Dali's heart tightened as his hands were bound by shackles. His face was tense, and his breathing became increasingly heavy, but he clearly heard that the other person was still talking about a reduced sentence...

Those tightly clenched hands loosened slightly.

His current spirit is like a paper boat drifting on a vast and boundless sea... not a sea that has lost its way.

It is also an ocean constructed from negative emotions!

And the carefully crafted words of commutation are the only guiding light.

Although the lighthouse was fictional and useless, it wasn't enough to make Zhu Dali give up and capsize the paper boat, which then sank into the ocean.

"Confess...yes, there's also confessing..."

Zhu Dali murmured to himself, his fists suddenly clenching.

"As long as it's not the death penalty, if I'm in prison and an illness is diagnosed, the authorities will pay for my treatment... If it's not the death penalty, there's a chance I can recover and be released..."

"Sentence reduction...I want a sentence reduction!"

......

"Confess..."

After he said that...

On the judges' bench, after a moment's thought, the judges nodded.

Surrendering oneself is indeed a very good defense tactic, especially since, judging from the case details submitted by the police, Zhu Dali was indeed very cooperative.

The perpetrator returned to the scene a second time after committing the murder to check on the victim's physical health.

He voluntarily confessed to all his crimes.

Cooperate with the police to reconstruct the incident.

From every perspective, their attitude was excellent, and they didn't hide anything.

so......

"Prosecutor, do you have any objections to state?"

On the judge's bench.

Presiding Judge Yang Jianjun looked at the three prosecutors and asked them questions.

After he finished speaking, everyone turned their attention to the prosecutor's seat.

Prosecutor Yue Feng lowered his head and began to speak quietly with several other prosecutors.

"Based on Article 67 of the Criminal Law, which pertains to 'surrender and confess'."

The original text clearly states: "[A person who voluntarily surrenders to the authorities after committing a crime and truthfully confesses his or her crime is considered to have surrendered himself/herself]."

"Zhu Dali's behavior certainly meets the criteria of Article 67, Paragraph 1. His voluntary surrender and truthful confession throughout the entire process warrant greater leniency."

The three of them pondered.

In this case, most people actually expected the verdict to be delivered directly in the first instance.

Why?

Because Zhu Dali confessed!

So, does that also prove that the other party had a good attitude in admitting their guilt?

Therefore, the point about reducing sentences for confessing one's guilt must be mentioned.

Overall...

finally.

Prosecutor Yue Feng looked up at the judge's bench and shook his head slightly.

They are not emotional.

Zhu Dali's good attitude in admitting his mistake is an established fact, so there is no reason for him to refute the other party for no reason.

"We have no objection," Yue Feng said.

The judge nodded.

Just as Yan Mi breathed a sigh of relief in the defendant's dock.

In a daze...

"At the judge's table, the plaintiff's legal representative has any objections to present!"

Xu De seized the opportunity and suddenly spoke again.

The agent... has an objection!?

In an instant.

Yan Mi, who had just breathed a sigh of relief, suddenly paused, looked up, and frowned as he stared at the other person.

The judges exchanged glances, and finally nodded in acknowledgment:

"Please speak, agent."

Now that the other party has applied, they can naturally speak.

As for what the other party says... that's their prerogative.

All I saw was...

Agent's seat.

Xu De glanced at the defendant's seat, gave him a gentle smile, and then slowly began to speak:

"Presiding Judge, Judges, and members of the Hearing."

Regarding the robbery charges against the defendant "Zhu Dali" in this case, we believe that...some objections still exist.

"Based on the discussion just now by our team of agents, we ultimately believe..."

"The defendant, Zhu Dali, largely meets the criteria for 'theft' under Article 264 of the Criminal Law!"

Judge's bench: ?

Prosecutor's Stand: ?

The moment the words were spoken, it was as if time had stopped. Everyone was stunned, staring at each other, unsure of what to say.

Theft...theft?

Didn't you just argue against the theft claim, calling it robbery?

What do you mean, "The other party has stopped arguing, and you suddenly start arguing from their perspective that this case is theft?"

Whose lawyer are you? You're not the defendant's defense lawyer!

Everyone was stunned.

Xu De looked up at Yan Mi in the defendant's dock and smiled.

Again.

How do you fight a cripple in an octagon?

Give the cripple's good leg a good kick!

Want to get away with it? Then use irrefutable defense arguments to reduce the sentence, thereby quickly ending the case and having the court pronounce the verdict without adjourning the court?

Think beautiful!

Come back here, keep stirring, keep sticking, keep dragging you into the swamp!

As for conviction after rebuttal?

You, a defense lawyer, dare to refute arguments favorable to the opposing side in front of the "pressure cooker"?!

Not going to argue? Then go talk to my teammate, the prosecutor. They don't think this is theft at all!

As for who looks like the defense lawyer after all this charade? Xu De might as well take on the role!

This case... is definitely going to be adjourned!

Amidst the stunned and bewildered gazes, Xu De slowly spoke:

"In conclusion, Your Honor."

"The defendant should be held liable for theft in the matter of civil compensation!"