Lawyer: Start with legal retaliation against infidelity!

Chapter 311: Courtesy First, Then Force! A Not Guilty Plea! [Two-in-one long chapter, please vote!]

A fair and impartial verdict was pronounced...

The moment the words were spoken, everyone in the First Court frowned slightly.

Some in the audience sighed, some hesitated, but most felt helpless.

In the defendant's seat, Li Jie hung his head, his emotions unreadable, only his two tightly clenched fists revealing his inner thoughts.

On the judge's bench.

Judge Zhao Zhong's eyes remained calm and his expression serene. His stern gaze slowly moved to the defendant's dock, and he was about to speak when, unexpectedly...

In the plaintiff's seat, lawyer Du Teng paused slightly, then gestured that he had something to say.

Zhao Zhong paused, looked at him, and nodded slightly.

"Does the plaintiff have any objections?"

Generally speaking.

Civil lawsuits are usually resolved last, after criminal cases have been decided.

But...this case is different.

Putting everything else aside, just the amount of compensation demanded... to be honest, it's completely reasonable, but if possible, Zhao Zhong wouldn't really want to follow the amount awarded in the first instance.

In addition, the deceased's identity is quite special, so it is entirely appropriate to give it due consideration during the trial.

At this time.

Upon hearing Zhao Zhong's words, Du Teng, representing the plaintiff, also took a slight breath, then a gentle smile appeared on his face. He said:

"Your Honor, we have no objection to the indictment presented by the prosecution."

"However... regarding the course of events, after the investigation during the recess, we discovered one overlooked issue."

"Therefore, regarding this court hearing, I would like to state some of our opinions!"

What was missed?

So that's... the charges? The other charges!?

The opposing party believes the charges in the indictment are incomplete and wants to add new criminal charges!

No, that won't work. In criminal cases, only public prosecutors are qualified to make criminal charges. Plaintiffs' civil lawyers... as their names suggest, can basically only exercise authority in the civil field.

Want to file charges? That's overstepping your authority and violating regulations!

so......

"Civil litigation lawyer, are you sure?"

On the judge's bench, a judge frowned, glanced at the audience, and then looked at Du Teng and asked a question.

"We are certain." Du Teng nodded.

He was naturally aware of this law, but as for why he dared to do it despite knowing it...

"We are merely expressing our own opinion to facilitate the subsequent civil litigation process and avoid disputes," Du Teng said slowly.

Presiding Judge Zhao Zhong nodded and said, "Please proceed."

The three words fell.

Lawyer Du Teng paused slightly, then shifted his gaze to Wang Yan beside him.

Without much hesitation, lawyer Wang Yan stood up, holding a document, and slowly began to speak:

"Your Honorable Presiding Judge and Judges."

"Regarding this case, we are only expressing some opinions on behalf of the victim's family."

talking.

She paused slightly, and everyone's eyes immediately focused on her. Even Xu De stared at her, narrowing his eyes, wanting to see what tricks she was up to.

It was in this atmosphere that Wang Yan spoke up.

"presiding judge."

"The conflict between the defendant, suspect Li Jie, and the victim, Wei Tian, ​​had already occurred before Li Jie murdered Wei Tian on May 1, 2003."

"The prosecution has already clearly explained the contradictions before and after, namely the cases handled by Haicheng City: the 'Bank Case' and the 'Insurance Policy Case'."

"The direct conflict between the two parties is the 'insurance policy case,' and both the first instance trial, which was handled by the lower court, and the second instance trial, which was handled by the intermediate court, have been completed."

talking.

Lawyer Wang Yan paused slightly, held out a judgment in her hand, glanced around, and then spoke:

"And this is the final verdict in this case."

"The defendant, Huimin Ankang Insurance Co., Ltd., is innocent and has not committed any criminal or civil offense. All transactions between the parties were legal!"

What does this mean?

After a well-reasoned explanation of the cause and effect, everyone paused slightly, shifted their posture in their chairs, and rested their right hands on their chins.

Everyone knows the verdict in the "insurance policy case" initiated by Li Jie.

Li Jie lost the case, and the insurance company bears no responsibility. The judgment clearly states this. But... what does this have to do with the current case?

Or is it...?

"Tsk, these lawyers are really ruthless."

In the dock, Xu De narrowed his eyes, then raised his eyebrows slightly, immediately realizing what the other party was doing, and muttered something.

Almost the instant he uttered those words, Wang Yan, sitting opposite him in the trial area, immediately stirred.

All I heard was...

Wang Yan suddenly changed the subject, her gaze sharp and piercing, like iron hooks, instantly digging into Li Jie in the defendant's seat. She shouted:

"In other words, from a legal standpoint, the deceased Wei Tian never did anything to wrong the defendant."

"but!"

"During the crime, after harassing our victim, the defendant shouted things like 'Give me 26!'"

"After encountering a negative attitude."

"The defendant, suspect Li, used force in an attempt to obtain money through physical threats and violations of personal safety!"

"In summary."

Lawyer Wang Yan paused slightly, then her eyes narrowed, and the words she hadn't finished saying came out of her mouth.

"Our client believes..."

"The defendant, suspect Li, has clearly violated Article 263 of the Criminal Law regarding robbery!"

"That is: On May 1, 2003, Li, armed with a gun, robbed Wei Tian, ​​the victim, at gunpoint in the bustling Jinlan Pedestrian Street in downtown Haicheng City, ultimately resulting in the victim's death on the spot!"

Rob...

robbery?

Armed robbery resulting in death!?

The moment the words were spoken, the entire audience was stunned. The people in the audience looked at each other, their faces full of disbelief.

"Wasn't it a crime of passion? How did it get turned into robbery...?"

"Can this be considered robbery?"

"To put it bluntly, a cripple who's lost a leg can rob several people? No, how dare he say that?"

"No, no... wait a minute, I've been thinking about it, and it seems... not impossible."

"..."

A quiet commotion suddenly erupted in the audience, with people whispering among themselves and looking on in surprise.

to be frank.

Those who were able to attend the hearing of this case were all prominent figures, and their character was naturally impeccable.

Even so, a commotion still broke out... which shows just how shocked the public was by the plaintiff's words!

now.

The young photographer from the state media couldn't sit still any longer and turned to look at the female reporter beside him.

He spoke in a deep voice:

"Sister Sun."

"Robbery? No, wasn't that 26 a transaction involving an insurance policy? The policy was obtained illegally, so theoretically... the defendant was demanding his own money, how can that be considered robbery!?"

"At most, it should only be classified as 'excessive debt collection leading to a crime of passion'."

"What does this have to do with robbery!?"

The reporter from the central media outlet beside him, Sister Sun, had a slightly flickering look in her eyes, revealing a thoughtful expression.

After a long pause, Sister Sun seemed to understand, and a look of shock crossed her face as she said in a low voice:

"I see."

"Do you remember what the plaintiff said at the beginning?"

The young photographer paused slightly, then hesitated, his mind beginning to reminisce.

What did Wang Yan say at the beginning?

The insurance policy case has been adjudicated!

The insurance company is not at fault at all!

in other words......

"The company owes the defendant not a single penny, and the company has done nothing wrong."

"Therefore, Li Jie's 'debt collection' is legally untenable, because the concept of a company 'owing debts' simply does not exist in the law."

The more Sister Sun spoke, the more serious her tone became.

"Since there is no debt, the defendant Li Jie has no right to pursue it; he can only 'demand' it."

"If asking for money doesn't work, and they resort to violence... that's 'robbery'!"

"So, all things considered... this really can be called a 'robbery'!"

After he finished speaking...

The young photographer was slightly stunned, and then seemed a little dazed.

It could really be called robbery... or rather, from a practical point of view, it doesn't constitute robbery, since everyone knows that the insurance company's money was obtained through civil fraud.

But then a problem arises.

From a legal perspective.

The bank case hasn't been decided yet, and the lack of a verdict doesn't mean the bank is innocent!

The bank is innocent, the insurance company is innocent, but Li Jie went to collect the money, even carrying a "gun"... legally, isn't that robbery?!

The young photographer stood there, stunned, his mind a complete mess.

"This...this..."

.......

"This guy's pretty ruthless... Heh heh, these orcs blinded by money."

In the dock.

Lawyer Qian Hao narrowed his eyes and whispered something to each other.

Wang Chao, standing beside Xu De, frowned and asked in a low voice, "What should we do?"

Wang Chao's legal skills weren't particularly strong, but... even if he were an idiot, he would know what the consequences would be if this label were pinned on his head!

"Haicheng", "downtown area", "armed", "robbery", "murder"...

With all these factors combined, starting from the beginning is a death sentence!

Since the founding of the Eastern Kingdom, Wang Chao has rarely seen anyone survive armed robbery and murder, especially those committed by guns.

Yes, in other words, those who have these factors in mind do indeed have a chance of not dying.

But... for those who don't die, you have to consider their conditions!

There are four main categories of sentence reduction.

First, meritorious service or surrender; second, flawed evidence, i.e., insufficient chain of evidence; third, significant fault on the part of the victim; fourth, victim's forgiveness (discretionary circumstance); fifth...

Five is very simple and straightforward.

Minors, pregnant women, and the mentally ill—these are people against whom the law is invincible.

Aside from the above... if you kill someone with a gun, the probability of being sentenced to death is almost 100%!

So here's the question.

Li Jie did not surrender himself to the authorities, the evidence in this case is complete, and he does not enjoy legal protection. His family is still pursuing accountability.

"The victim was found to be grossly at fault... The court ruled the company innocent and without fault."

Wang Chao muttered to himself, "In other words, the law doesn't think Wei Tian is at fault either."

"At least from a legal standpoint, he's not wrong!"

If that's the case... as long as the hospital rules it as robbery, not a crime of passion.

Then, Li Jie will definitely die!

The probability of being sentenced to death is even higher than in the first instance!

Thinking of this.

"This is a bit tricky; we can't let them confirm this."

At this moment, lawyer Qian Hao's eyes flashed, and he moved slightly closer to Xu De, whispering:

"Otherwise, even if they later obtain the right to define 'murder weapon,' they are very likely to be convicted of robbery and intentional assault!"

"These orcs...they really went all out to kill Li Jie!"

"They only revealed their two sets of criminal logic in court, clearly trying to catch us off guard and afraid that we would find loopholes in the trial process."

Xu De nodded, his expression turning serious.

According to their line of thinking...

If the right to define "murder weapon" is seized, and it is determined that the murder weapon is not a gun, then the conflict between the deceased and the defendant becomes a simple one, and the case is merely an accident.

But... if you get labeled like that... even if the weapon isn't determined to be a gun, the other party can still conveniently label it as attempted robbery!

In summary...

"Heh."

"They didn't present any evidence before the trial, and they didn't leave any clues. I guess they're saving it for a surprise attack during the trial period, trying to catch us off guard!"

Even if the judiciary does not recognize it as robbery, it can still influence the judge's "mindset".

"They hide things and like to play dirty tricks; they're nothing but beasts!"

Xu De coldly watched the plaintiff slowly sit down, then paused slightly, his expression softening a bit.

"fine."

"We're evenly matched."

"I'm an animal too."

......

......

"Plaintiff, please be aware of your identity!"

A shout rang out from the judge's bench.

Looking up, they saw Judge Zhao Zhong's stern face, his expression deep and his eyes fixed on them.

Plaintiff's seat.

At this moment, lawyer Wang Yan spoke gently:

"Your Honor, what we have stated above does not constitute a formal criminal charge against the defendant."

"It was the 'victim's family' themselves who believed that, and we conveyed their opinion on their behalf."

"Otherwise, after the criminal ruling, the basis we presented in the civil proceedings when we were fighting for economic benefits would be somewhat inconsistent with the facts of the case."

It's not an accusation, just an opinion.

Furthermore, it also lays the groundwork for civil and economic development...

But no matter how you look at it, this behavior constitutes a criminal charge!

The prosecutor's seat.

Several prosecutors looked at them, their brows furrowing and a hint of hostility flashing in their eyes.

On the judge's bench.

Judge Zhao Zhong stared at them for a long time before finally looking away.

He couldn't find a way to refute what the other party said.

finally.

"Bang!"

A crisp sound of a gavel snapped everyone back to reality in the First Courtroom.

Zhao Zhong put away his hammer, moved his head towards the defendant's seat, and began to speak:

"The defendant."

"Regarding the statements in the prosecution's indictment and the statements made by the victim's family, do you have any objections?"

Do you have any objections?

Definitely!

"Objection! Objection! We have very strong objections to express!"

"Your Honor, the plaintiff is launching a surprise attack on the trial. This behavior is wasting everyone's time and energy!"

On the plaintiff's side.

At this moment, Xu De's face revealed strong emotions. He stood up, placed his hands on the table, and loudly expressed his opinion.

His face was slightly flushed, as if he was laughing in anger, as he stared at the plaintiff.

"From the end of the first instance trial to the start of the second instance trial."

"There are a total of three months of free time!"

"However, during these three months, there has been no evidence, communication, or contact whatsoever to express any stance!"

"They only said it after the court hearing."

"What kind of behavior is this?"

"This is a trampling of judicial procedures and a contempt for the law!"

Xu De loudly accused everyone, his voice echoing in their ears.

It was clear that he couldn't accept the surprise trial.

Or.

He despises lawyers who like to launch surprise attacks with evidence!

But only for a fleeting moment after the words were spoken.

Wang Yan, who was in the plaintiff's seat and hadn't even warmed up yet, looked up at Xu De in surprise after hearing this, and then exchanged a glance with Du Teng.

"Something's not right with the reaction," Wang Yan murmured.

to be frank.

They were indeed carrying out a surprise attack.

There's no way around it; judging from his reputation and widely circulated achievements, Xu De is no ordinary person.

But here is the problem.

From the beginning of August when we took on the case until now, September 9th... the other party hasn't done anything at all!


But these two testimonies, at best, only reduce the sentence!

Furthermore, after obtaining the appraisal, they did absolutely nothing, which is completely inconsistent with the other party's reputation or the information they obtained.

It's worth noting that even Yan Mi and Ding Yan lied and said they had stomach aches before leaving.

Ding Yan's escape was perfectly understandable, and his speed was renowned throughout Haicheng. However... this was unprecedented; it was as if the other party was so unwilling to see Xu De...

From any perspective, there must be something wrong with either the intelligence or this person!

Thus, this court hearing came as a surprise attack.

It was also a test!

In case the other side does find something in the original case, they can quickly change the direction of their charges and regain the upper hand.

But what does it mean to start cursing without explaining the content?

"Continue." Lawyer Du Teng pondered for a moment, then frowned and gestured in a low voice.

"it is good."

Wang Yan nodded, then replied:

"Your Honor, this was not a surprise attack on our side!"

"First, this was not presented as evidence in court; second, it was merely a statement from the family."

"Prior to this, our agent was also completely unaware of it."

The moment the words were spoken.

dock.

Xu De took a deep breath, thought for a moment, and then said:

"presiding judge."

"We believe there are some inaccuracies in the plaintiff's statement. Firstly, although the plaintiff claims to be speaking from the perspective of the deceased's family, in legal terms, 'attitude' always refers to whether or not the defendant will be held accountable!"

"And certainly not involved in the accusation process."

Upon hearing this...

The judge on the bench hesitated slightly, just as he was about to speak.

Xu De spoke again:

"We have three points for reference."

"First of all, the attitude of the victim's family exists only in 'conceptions,' that is, unfounded speculation, without any supporting evidence."

"Second, the other party does not have any legal standing. If they did, then I think, according to regulations, we should ask them to recuse themselves from this case."

Third, the prosecution is the party making the charges!

in other words.

Even if the prosecution is the one who made the accusation, the family's attitude is simply whether they are willing to forgive and sign a letter of understanding; that's what matters.

The claim that the other party committed robbery... that's the prosecutor's job!

as predicted.

After these words were spoken, everyone present subconsciously turned their gazes toward the prosecutor's seat, their expressions strange.

As for the prosecution...

"Hmph, Du Teng...sigh."

Prosecutor Liang Bingxin looked unwell. He glanced at Du Teng, sighed, and said nothing more.

Zheng Tong did not express any opinion.

He glanced meaningfully at Xu De in the defendant's seat, then nodded and began to speak:

"The defense attorney... is quite good."

"He has a quick wit."

It's really good.

A normal lawyer might be drawn into the accusations by Wang Yan and Du Teng's words, and the two would argue about whether it was "robbery"!

This is a bad move.

Yes, if you do something that a normal person would do subconsciously, then you've basically fallen into a trap!

Why?

First, let's think about how an accusation goes from being "fictitious" to "real".

Naturally, it involved discussions, countless discussions, and the determination of countless objective information. Ultimately, through these discussions, the accusations were verified to be true.

If Xu De and Du Teng continue to argue about the issue of "robbery," then during this tug-of-war, there will eventually be a few clues that become "objective evidence" on Du Teng's side, corroborating the "robbery."

Instead, it would be better to use a "surprise court hearing" to completely negate it.

No opportunity for debate or tug-of-war!

"That's really good; they even spoke up for the prosecution."

Liang Bingxin nodded. "Otherwise... that would also be considered an attack on the prosecution."

Amending the indictment would be tantamount to admitting that the prosecution made a mistake, which they certainly wouldn't want. So Xu De's remarks... were actually a lucky coincidence, aligning with their wishes and making the three of them look at Xu De a little more favorably.

After he finished speaking...

The three of them remained silent and waited quietly.

On the judge's bench.

"Plaintiff, do you have any supporting evidence to present?"

Judge Zhao Zhong paused, looked at Du Teng and Wang Yan, his eyes narrowing slightly, and spoke with a pointed tone.

evidence?

To be honest, that's true.

Whether it's the second-instance judgment in the insurance policy case or the pending judgment in the bank case.

Even the driver who participated in the beating of Li Jie can testify that Li Jie did indeed say something like "Give me 26".

But then a problem arose.

"This is bad news, the other party... is very shrewd."

"I'm having trouble producing any evidence..."

Lawyer Wang Yan frowned. The documents in her briefcase were now too hot to handle; she didn't know whether to take them out or not.

If the other party engages in discussion with him, he can even pull them off a debate.

The "evidence raid" can be laid bare in the open...

How are they supposed to obtain this evidence then?

Take it out normally?

Stop joking!

The moment it was presented, those three old foxes on the judge's bench didn't ask what the evidence was; they only asked why it wasn't submitted or presented before the trial!

What are you going to say? That you didn't have enough time to get the evidence? Forget about it, you can find out about this in no time!

They'll label it a "surprise trial" then...

I won't say whether my views will be adopted.

Even a person could be expelled from the courtroom!

"I feel we can't let go. The attitude in the defendant's seat is problematic. To be honest... I'm a bit overreacting."

Wang Yan spoke again, staring at Xu De.

Du Teng also looked on, pondered for a long time, and finally shook his head, whispering:

"That old bastard Zhao Zhong is heartless. Once the ruling is 'surprise attack,' he'll definitely make the expelled lawyer appear in court!"

Without a lawyer, the case cannot proceed, and deportation is generally not permitted.

The plaintiff's lawyer's absence doesn't affect the case's progress; Zhao Zhong really knows how to expel people!

As for whether Xu De has some backup plan he intends to use...

"Your Honor, this is not a surprise visit to the court. We are merely expressing our stance on behalf of our client and have no other evidence to present."

Lawyer Du Teng looked up and spoke gently, his voice echoing in everyone's ears. As he spoke, he pressed down on Wang Yan's arm, which was about to pull out the documents.

But the statement wasn't entirely definitive.

"But also."

"As our agent, we have reservations about the principal's attitude."

It neither presents evidence nor gives the judge the opportunity to reject the case, but rather leaves it as a "reservation".

On the judge's bench, Judge Zhao Zhong nodded slightly.

Then, glancing at the defendant's dock, he gestured to the other party and said:

"Defendant, do you have any objections to the indictment submitted by the prosecution in this case?"

The moment the words were spoken.

Everyone paused slightly, their thoughts stopped, and their gazes fell on Xu De, their eyes filled with a hint of inquiry and helplessness.

This statement... is basically asking the defendant to make a defense.

How to defend it? To be honest, the logic in the indictment is very meticulous, from the time the case occurred to its conclusion, from last year's bank case to the current second trial.

In theory, there is absolutely no possibility of "insufficient chain of evidence"!

"Your Honor, we have an objection!"

As everyone's eyes were filled with complicated thoughts, Xu De suddenly stood up.

He took a deep breath, and then slowly said:

"Just like the plaintiffs before."

"Regarding this case, I would like to first introduce the physical condition of our client to the judges and the audience."

After he finished speaking, the plaintiff, Du Teng, paused slightly and looked at the other party with surprise.

Xu De ignored him, held up three fingers, and continued:

"First of all, our client is named Li Jie, 36 years old, and has lost his right leg, which was severed from one hip joint."

"This falls under the category of extremely severe disability according to national standards."

"That's equivalent to a level three disability!"

This is a level three disability, which is even more severe than the disability caused by being stabbed more than a dozen times and suffering organ failure at the Ninth Hospital.

only......

Why is he saying all this?

"Here, we would first like to thank the prosecution for taking into account the disability of our client. They not only refrained from excessive interrogation, but also contacted local grassroots organizations for his family while learning about their situation."

"To prevent tragic situations from arising where family members are left unattended."

Xu De spoke slightly, smiling at the people in the prosecution seat who were trying to curry favor with him.

He is a polite lawyer.

Since the other person did it, he naturally had to show his politeness in return!

The three prosecutors on the prosecution bench paused slightly, then nodded without speaking, their expressions softening as they glanced at the plaintiff.

"Heh heh, the plaintiff's lawyer is infringing on their rights, while the defendant is saying something nice about us..."

Liang Bingxin murmured softly.

With hundreds of people sitting in the audience, Xu De's public statement, though not very effective, still had to have some effect, right?

"I don't know who's spreading these rumors, making his reputation so bad... I guess they're just some sore losers."

Liang Bingxin said in a low voice.

The other two prosecutors nodded.

The opposing lawyer was quite good, at least better than Du Teng and others who should have been teammates.

Meanwhile, in the defendant's dock.

"In summary, this is the physical information of our client."

"If that's the case, then..."

Speaking of which...

Xu De paused slightly, then his eyes suddenly brightened, flashing with a sharp light.

Just as he just said.

I have always been a polite lawyer!

Now that the "rites" have been demonstrated, it's time for the "soldiers" to take their place!

First diplomacy, then force!

Xu De's eyes narrowed, and he immediately said:

"Your Honor, regarding this case, we believe that the prosecutor's statement in the indictment contains obvious and significant errors that are inconsistent with the facts!"

"This is an extremely irresponsible oversight."

"Regarding all criminal charges against our clients, we..."

"Completely rejected!!!"

Complete...total rejection?

The moment those four words were uttered, the scene froze, as if time itself had stopped.

On the prosecutor's bench.

The three prosecutors looked stunned, abruptly raising their heads to stare in shock at Xu De in the defendant's dock, their minds blank.

Xu De gave no one time to react. He stood up, faced the judge's bench, and spoke resolutely. His words echoed throughout the entire courtroom, his voice extremely loud. He began:

"On behalf of the defendant, Li Jie, we are..."

"Not guilty plea!!!"

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