Lawyer: Start with legal retaliation against infidelity!

No...not guilty plea?

The moment those four words were uttered, it was as if something unseen had been touched. In the entire First Court, hundreds of people instinctively looked up, their eyes flashing with astonishment, their minds blank, unable to react for a moment.

"Not...not guilty? The defendant is pleading not guilty?"

"Huh? Did I hear that right? Didn't he say he would plead for a reduced sentence?"

"Yes, yes, I remember that when the Haicheng Evening News interviewed the defendant's family, they contacted the opposing lawyer, and he definitely said that it would be very difficult to get a reduced sentence in this case!"

"Wait, wait, wait, my mind's a bit muddled, let me think... but nothing I'm thinking about seems right!"

"What the hell is this guy talking about? He was just exchanging glances with the prosecution a moment ago, how come he's suddenly trying to overturn the prosecution's indictment?!"

"..."

In the audience.

At this moment, a commotion erupted, loud enough to be heard even from the judge's bench!

Clearly, this sound was even more shocking than the plaintiff's previous claim of "robbery"!

The hundreds of people in the audience stared blankly at the trial area, their minds seemingly frozen.

"Sister Sun, innocent? Did I mishear you, or did the defense lawyer say something wrong?"

among the crowd.

The young photographer from the state media twitched at this moment, unable to resist glancing at the female reporter beside him, and then couldn't help but say:

"Innocent?"

"This doesn't make sense. The lawyer clearly said before the trial that he was talking about a reduced sentence, I'm 100% sure!"

"Even the media in Haicheng, because of his words, kept exaggerating the defendant's misery, saying that even with a reduced sentence, his family would still struggle to make a living..."

After saying that, reporter Sister Sun was at a loss for words.

Sister Sun looked at the defendant's seat, hesitant to speak, wanting to say something but unable to utter a single word for a long time.

She knew about this.

That's why, even before the trial, she herself didn't think highly of the defendant, despite her own support for him...

Without him.

This case is not like the "Lijiacun Case"; from any perspective, there is no room for defense, and a sentence reduction is virtually impossible.

But right now...

"What does it mean to not seek a reduced sentence and instead plead not guilty?"

"This lawyer is insane! The plaintiff didn't present any evidence of a surprise trial... but they didn't present any evidence either!"

The young photographer couldn't help but start rambling on again.

"To make a defense without providing evidence is like a lawsuit without any supporting evidence."

"The judge will completely ignore it!"

"Even if evidence is produced, if it wasn't presented beforehand, it will still be treated as a surprise trial!"

"Not to mention, there's absolutely no information in this case that would be favorable to the defendant; I can't even find a way to reduce the sentence..."

What you said is fine, but...

Shh~ Take a look.

"After all, we're just here to listen in. If anyone has any objections, it should be those at the top."

Sister Sun suppressed her thoughts, put her hand to her lips as if to 'shush,' and cautiously glanced at the people in the trial area.

Xu De's words shocked the people in the audience.

And for those in the trial area...

That's practically a nuclear bomb!

......

In the trial area.

In the defendant's dock, Xu De's eyes flashed, and after expressing his attitude, he did not stop speaking.

Instead, before anyone could react, he opened and closed his lips, and another string of words came out.

"Your Honor, I plead not guilty on behalf of the defendant, the suspect."

"We argue that the prosecution's indictment contains major flaws, its chain of evidence is seriously flawed, and all charges are completely unfounded."

"Besides that."

"We request that the Higher People's Court void the ruling made by the Haicheng Intermediate People's Court on June 28 against the defendant suspect."

"The defendant/suspect..."

"Innocent!"

No...no guilt.

She really is innocent!

The two words seemed to unleash a powerful aura that swept outwards, causing everyone in the trial area to slightly open their eyes.

Plaintiff's seat.

Lawyers Du Teng and Wang Yan were stunned. The lawyers sat in their seats, looking at each other, and finally turned their attention back to the defendant's seat.

In the prosecutor's seat.

The three prosecutors, their expressions now restrained, looked rather unpleasant as they stared blankly at Xu De.

The judge's bench was the first to come to its senses.

"Defendant's lawyer, the second trial has already begun, and anything you say is legally binding!"

Judge Zhao Zhong's expression suddenly changed, his pupils narrowed, and he stared intently at Xu De.

Make sense.

The first trial sentenced him to death, and you're going to acquit him on the second trial?

They didn't even present evidence before the trial!

What does this mean? It means the other party definitely has evidence and is waiting for a surprise attack!

When the plaintiff made a surprise visit earlier, the defendant expressed his utter contempt for those who make surprise visits to court. Now, with this attitude... does it mean only you can make surprise visits?

Thinking of this.

Judge Zhao Zhong raised his voice, his words sounding like a hammer slamming into Xu De.

"Speaking recklessly...can lead to legal consequences!"

As soon as he finished speaking, the three prosecutors in the prosecution seat stared intently at the defendant's dock.

Xu De's expression remained unchanged, and he did not sit down, but simply replied:

"Your Honor, I am aware of what I am saying."

"Furthermore, we reiterate that, in this case, our agents have obtained full authority granted by our client, and we will represent them in all matters related to the legal proceedings!"

It's not that I've lost my mind.

That's truly fighting for innocence!

Hear this.

As the plaintiff, Qu, approached, lawyer Wang Yan's eyes twitched.

"Tsk... Previously, the plaintiff's attempt to add 'robbery' to the indictment angered the prosecutor, but this guy just completely dismissed the indictment and is now trying to get acquitted..."

Thinking of this, lawyer Wang Yan subconsciously glanced at the prosecutor's seat.

But the three prosecutors in the prosecution booth stared at each other with dark faces, not saying a word.

Wang Yan's eyes twitched, and she quickly looked away, turning her gaze back to the trial area.

at this time.

At this point, Judge Zhao Zhong asked, "Does your side confirm this?"

"We confirm!" Xu De said.

Zhao Zhong didn't know what trick the other party was playing. After thinking for a moment, he said:

"Please have the defendant state their case."

Upon hearing this...

Xu De breathed a slight sigh of relief, a few thoughts flowing through his mind, and he began to organize his ideas.

The audience fell silent, no one spoke, and instead turned their gaze to Xu De, staring blankly, clearly not knowing what he was going to say.

The entire First Courtroom fell silent at that moment.

A few seconds later.

A voice echoed within the First Courtroom.

"Your Honor, in this case, the prosecution's indictment contains two charges against our client, the defendant."

"First, Article 232 of the Criminal Law, 'Intentional Homicide'; second, Article 128, Paragraph 1 of the Criminal Law, 'Illegal Possession of Firearms'."

Xu De slowly began to speak, first stating the core of the case.

The crowd nodded slightly in agreement.

"These two charges were involved in both the first and second instance trials."

"The reason for the conviction is, as the prosecution stated, that on May 1, 2003, the defendant murdered the victim, Wei Tian, ​​with a gun on Jinlan Pedestrian Street, and the method of murder was shooting."

"It is precisely because of the 'shooting' that these two charges were brought."

Xu De paused slightly as he spoke, then looked at the prosecutor's seat, a professional and gentle smile appearing on his face, and continued:

"Especially Article 128, Paragraph 1 of the Criminal Law, 'The crime of illegal possession of firearms'!"

"Prosecutor, are our statements correct?"

Naturally, that's correct.

Prosecutor Zheng Tong looked at Xu De, remained silent for a long time, and then slowly spoke:

"right."

Xu De nodded slightly, and after receiving the answer, he spoke again:

"And the so-called illegally possessed firearms, are they the 'weapons' that led to Wei Tian's death?"

Prosecutor Zheng Tong considered it for a long time, not knowing what the other party was talking about, but after thinking for a long time, he nodded.

"Yes."

"good!"

Xu De uttered a single word almost the instant the other party opened their mouth, as if he had been lying in ambush for a long time.

At this moment, he stopped looking at the prosecution and instead focused his gaze on the judge's bench.

"presiding judge."

"In other words, the prosecution initially identified the 'murder weapon,' that is, the 'instrument' that caused the victim's death, as a gun."

"Because it was a firearm, it was determined that the defendant had the concept of 'premeditated murder,' and thus his concept of murder was determined to be 'subjective murder.'"

"Since this device, which was determined to be a 'firearm,' led to Wei Tian's death, the defendant is charged with 'intentional homicide' and 'illegal possession of a firearm.'"

This is the underlying logic of the case.

After it was determined to be a gun, a series of charges were brought, and the first instance court found the logical chain to be valid, sentencing the defendant to death.

in other words.

in case.

If you can extinguish the very source of the entire logical chain... then the chain of evidence will naturally collapse, and once that collapses...

The only option is to be innocent!

Thinking of this, Xu De's gaze suddenly sharpened, and he changed the subject, raising his voice.

"but......"

"Your Honor, we would like to state that, in this case, the 'instrument' that led to the death of the deceased, Wei Tian..."

"It's not a gun!!!"

No...not a gun?

The three words exploded in my mind like rolling thunder.

The hundreds of people in the First Court had not yet recovered from the shock of the previous "not guilty" statement when they were plunged into shock by these three words.

Not a gun?

What do you mean by saying that Li Jie himself admitted it was a weapon that resembled a gun, but not a gun?

"Defendant, please watch your words and actions!"

In the prosecutor's seat, prosecutor Zheng Tong couldn't help but speak up and offer a reminder.

"The presiding judge has already reminded us once before, and this time, we will remind you again: this is the Haicheng Higher People's Court, the case has already started, and every word you say has legal effect!"

As he spoke, he reached out and tapped the table repeatedly, saying in a deep voice:

"You must take responsibility for your words!"

There are specific guidelines for speaking in court. Making unfounded statements without any supporting evidence could result in being expelled from the courtroom.

If it's serious, they could charge you with perjury, and you'd be in big trouble.

"Thank you for the prosecutor's kindness, we understand."

Xu De, however, paid no attention to the other party's words and ignored them completely. He simply turned his gaze to Judge Zhao Zhong and spoke again:

"presiding judge."

"In this case, as I said before, the weapon used was not a 'gun'...it didn't even have any lethality."

"The death of Wei Tian, ​​the victim in the case, was not a premeditated murder."

"It was a so-called accidental death!"

"In other words, the murder weapon... or rather, the device malfunctioned, ejecting a steel ball that struck the victim, Wei Tian."

"There was no intentional human intervention during this period!"

talking.

Without hesitation, Xu De directly cited the core legal principles of his "not guilty plea".

"This fully meets the criteria of Article 16 of the Criminal Law, 'accidental incident'!"

"Furthermore, the cause of death was unpredictable and could not be controlled by human intervention."

According to Article 16 of the original text:

Although an act may objectively cause harm, if it is not intentional or negligent, but rather due to irresistible or unforeseen causes, it is not a crime.

"The course of the crime is entirely consistent with Article 16 of the Criminal Law."

"In summary."

"The cause of death of Wei Tian was an uncontrollable and unpredictable accident, and was absolutely not caused by our client!"

"Therefore, according to the law, the defendant suspect Li Jie should..."

He went on and on, presenting each of his points with reason and evidence.

Xu De also felt a dryness in his throat, but he still took a deep breath and uttered the last few words.

"Acquitted!"

Suddenly.

The First Courtroom seemed to have been suddenly baptized by something; their eyes were glazed over, and their expressions were full of shock.

What do you mean... this isn't a gun?

What do you mean? You think Wei Tian wasn't shot, but died in an accident?

What do you mean, "Since it was an accident, the defendant is innocent?"

No... this... this... is this reasonable?!

Everyone was stunned, their minds in disarray, and they didn't come to their senses for a long time.

In the trial area.

Before the prosecutor could say anything...

In the plaintiff's seat, Du Teng, the civil litigation lawyer, seemed to realize something. His expression was slightly surprised, and his eyes showed shock. Almost instinctively, he looked up and blurted out:

"objection!"

"Your Honor, we have strong objections to state!"

He shut his mouth after speaking, his anxious eyes fixed on Zhao Zhong.

Du Teng was shocked.

He was truly shocked by the other party.

To be honest, the confrontation between the prosecution and the defense in a case is all about making moves on a "chessboard".

And what is this chessboard?

Naturally, it is the "indictment" alleged by the prosecution!

The appearance of an indictment defines the entire case, much like providing the overall structure of a house. Any actions taken by the prosecution and defense are carried out in accordance with the structure outlined in the indictment.

Can......

What do you mean you felt you couldn't win against this structure, so you chose to cut off the lawsuit at the source?

"speak."

Judge Zhao Zhong looked at Du Tengdao.

Upon hearing this...

Lawyer Du Teng calmed himself down, his mind racing, and quickly said:

"The defendant's claims are completely fabricated, without any supporting evidence, and the information presented is entirely based on subjective conjecture."

"No evidence was presented before the trial, and the so-called 'not guilty plea' was merely a structural framework. We believe its credibility needs to be examined."

After speaking, Du Teng looked at the defendant's dock, at that somewhat sunny and young face, and his fist gradually clenched slightly.

That heart sank to the bottom.

Judge Zhao Zhong frowned and turned to look at the defendant's dock.

After a moment's thought, he asked:

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

To be honest, Zhao Zhong felt that the current scene was somewhat similar to the angle from which Xu De accused the plaintiff of "robbery" in the previous evidence attack.

Both sides only voiced their opinions at the trial.

They were all restrained by the other party when they arrived at the court hearing.

If Xu De has evidence, then there was no evidence presented before the trial, which constitutes a surprise attack. If he has no evidence... then the evidence is insufficient, and his opinion can be ignored.

Judging from what was seen before the trial, the other party should have no more [information/resources].

only......

"Your Honor, we have very compelling evidence to testify!"

Xu De did not hesitate at all.

Yes...yes?

Inside the trial area, several people paused for a moment.

Several prosecutors in the prosecution booth were the first to raise their heads and look at him expressionlessly; in the plaintiff's booth, several lawyers narrowed their eyes slightly.

Xu De completely ignored these people and simply kept his head down.

He reached out his hand, and Lin Yue, who was beside him, slowly pulled out two documents from her briefcase and handed them to Xu De.

Xu De held the document high and waved it slightly.

"Your Honor, this is our evidence."

"These are two forensic reports, and their findings can serve as the basis for our opinion, thus becoming irrefutable evidence!"

Is there...is there evidence?

Why didn't you submit the evidence sooner?!

Why wait until the court hearing to present evidence? Was this a deliberate surprise attack on the trial?!

In the plaintiff's seat.

Lawyer Wang Yan looked at Xu De with almost delight, but when her gaze fell on the two pieces of evidence in his hand, her expression suddenly froze, and she stared in a daze.

This evidence... why does it look so familiar?

"That's not right, the other side didn't present any evidence before the trial, it's all a waste of time..." Wang Yan stared at the materials without blinking, lost in thought.

It wasn't just her.

In the prosecutor's seat beside him.

The three prosecutors were also taken aback when they saw the document.

Prosecutor Liang Bingxin frowned, narrowed his eyes, and stared intently at the documents for a long time...

In a daze, a scene flashed into his mind, a scene... of picking up the materials at the court service center!

At that moment, Liang Bingxin was suddenly taken aback. It was as if his brain had been hit by a series of nerve impulses, and a surge of electricity coursed through his body. He instinctively exclaimed in surprise:

"No...that's not right!"

However, even if you realize it, it's already too late.

Although Xu De always respected the elderly and cared for the young, he never deceived anyone.

But prosecutor Liang Bingxin is not a child, and the deceased's family members are not elderly. Furthermore, I never mentioned the materials to Liang Bingxin. How can this be considered deception?

and so.

In the dock.

Xu De straightened his back, took out the materials, his face upright and without any guilt, and said frankly:

"presiding judge."

"Before the trial, we commissioned the court to submit two applications for item identification to the evidence center."

"Subsequently, on August 24, the two appraisal receipts were submitted to the court."

Speaking of which...

Xu De paused slightly and then reminded everyone.

"These two receipts were already documented in the case and were known to the court, the prosecutor's office, the defendant, and the plaintiff!"

"And these two reports are..."

"Qualitative Identification of the Mechanical Structure of Murder Weapons" and "Kinematic Energy Testing for Firearm Stability!"

"The two reports mentioned above can serve as the basis for our defense: the weapon that caused Wei Tian's death was not a firearm!"

The words were spoken.

Now.

Everyone finally got a clear look at the two documents in his hands, and they were all stunned.

It was already...recorded long ago?

"No...that's not right!"

"Defendant, please think carefully before you speak!"

Plaintiff's seat.

Lawyer Wang Yan seemed to realize something, and after regaining her senses, she hurriedly spoke up, anxiously trying to explain.

"After the incident, the police commissioned a forensic expert to conduct an examination based on the bullets found in the victim's body."

"The report explicitly states that the bullet that caused the victim's death released 60 joules of kinetic energy!"

"Although the kinetic energy is relatively small, it can be used in accordance with relevant laws and regulations."

"As long as the kinetic energy exceeds 1.8 joules, the ownership of the murder weapon can be determined based on the other information."

in other words.

While 60 joules of energy is unlikely to be fatal, it is irrelevant to determining whether a weapon is a gun.

and so.

The assessment of "Firearm Stability Kinetic Energy Testing"... in theory, can only serve as a plea bargaining chip for sentence reduction at most.

In what areas can sentences be reduced?

It still comes down to Article 16 of the Criminal Law, "accidental incident".

In other words, "accidental homicide" is a crime that results in death due to relatively small kinetic energy, which is foreseeable but has an extremely low probability of causing death.

That's true.

only.......

"Plaintiff, please do not interrupt our proceedings. If this happens again, we reserve the right to petition the judge to expel you from the courtroom!"

Xu De first threatened the other party, and before the other party could refute him, he continued:

"Moreover."

"When did we say that we determined whether the murder weapon was a gun based on kinetic energy?"

"Not to mention that the weapon itself does not possess any kinetic energy."

talking.

Without hesitation, after the clerk handed over the two documents, he took out another document from Lin Yue: the "Qualitative Appraisal of the Mechanical Structure of the Murder Weapon".

"Ladies and gentlemen, this is a report on the identification of the murder weapon's structure."

"The investigation clearly stated that the weapon did not have any 'firing device'."

On the judge's bench.

Upon opening the documents, Judge Zhao Zhong immediately located the receipt concerning the structure of the analytical instrument, based on his memory.

Looking at it this way...

Presiding Judge Zhao Zhong hesitated for a moment.

The report only described what kind of device this thing had, without saying what it didn't have from the perspective of a gun.

Therefore, they didn't notice it at first, but after Xu De's blatant reminder...

Looking at it now...

The receipt report... didn't contain a single word about 'trigger device'!

"objection!"

In the prosecutor's seat.

now.

Prosecutor Liang Bingxin, as if deceived by something, his face slightly flushed, but his expression was extremely serious. He held his breath, his heart sinking to the bottom, and said in a deep voice:

"presiding judge."

"In accordance with Article 46 of the 'Eastern People's Gun Control Law'."

"There is absolutely no provision in firearms identification that states whether an object is a firearm based on the presence or absence of a 'firing mechanism'!"

Again.

There are many folk artisans.

The more complex and detailed your appraisal standards are, the happier the craftsman will be.

Electric shock triggering devices existed even in 2003.

You wrote that only guns with a firing mechanism are considered guns, but does that mean guns with electric firing mechanisms are also considered guns?

How about an air gun?

Therefore, to be on the safe side, we simply cut it off by "type", which includes only those three things.

but.

Upon hearing this, Xu De spoke with an impatient expression:

"Prosecutor, please be mindful of courtroom discipline!"

As is well known, Xu De has always abided by the law.

Why do they all have to interrupt me when I'm speaking?

Even prosecutors shouldn't do this!

"If the prosecution continues to disrupt the order, then we..." Xu De paused, about to say that they should be expelled from the courtroom, but after realizing the other party's identity, he couldn't say anything more.

Why?

Because the court did not make the offer to expel the prosecution.

Yes.

Judges can only ask witnesses, lawyers, and parties to recuse themselves, but they cannot ask prosecutors to recuse themselves.

Xu De thought for a moment, then decided to tone down his words and spoke in a very generous manner:

"Then we will express our strong dissatisfaction with you!"

Whether what you express is useful or not is none of your concern.

Anyway, I definitely have to say it!

However, at this time...

The prosecutors, however, had no time to consider Xu De's opinion.

Prosecutor Liang Bingxin, his breathing slightly rapid, thought quickly. In an instant, he recalled the law he had relied on and, ignoring the other party's protest, said in a deep voice:

"Your Honor, the determination of firearms is based on Article 46 of the Gun Control Law, which is clearly stipulated in the original text."

"There are three core criteria for recognition."

"Leading force, dynamics, tubular object!"

"Among them, the power system does not specify whether it has stable launch conditions, nor does it require the existence of a firing device."

"The acknowledgment of the mechanical structure of the murder weapon also clearly states that it has a 'firing device,' which is a 'tubular device,' that is, the barrel of a firearm."

These two points are the core arguments.

Regarding the aforementioned power... this thing encompasses everything; you could say it includes anything that can generate power.

This effectively nipped in the bud some illegal ideas that could have exploited loopholes, taking into account factors such as air pressure, gunpowder, mechanical power, and electricity.

If you design a gun.

Even if the gun is nuclear-powered, which is not among all the power sources that existed at the time of legislation, as long as it has power, then nuclear power counts.

Of course, if you can build it, the Gun Barrel Law might become ineffective against you.

Also.

As for its lethality...

"According to the analysis, the force generated by the weapon clearly exceeded the standard threshold of '≥1.8/square centimeter'!"

The prosecutor's stand.

Prosecutor Liang Bingxin took a small breath to calm himself down.

Once his thoughts had calmed down, Liang Bingxin slowly began to speak:

"In addition, the victim in the case, Wei Tian, ​​is already dead."

"The damage-causing effect has also been achieved."

"In conclusion, in this case, both the murder weapon and the method of murder meet the identification standards in the Gun Barrel Law."

"In other words, this weapon... is essentially a gun!"

A weapon with a barrel, capable of killing, and powered—that's basically a gun.

This aligns with the common sense of legal professionals.

But here is the problem.

"objection!"

"Your Honor, the defendant has objections to state."

"Regarding the prosecution's statement, we believe there are no errors. However, the Gun Control Act also clearly stipulates 'firing from tubular devices'!"

dock.

Xu De stood up at this moment, and he simply said a sentence, then paused slowly.

Followed by.

Xu De made an "OK" sign with one hand, his index finger and thumb forming an "O", while his other hand was clenching his index finger, which was only extended.

Immediately.

Xu De raised an eyebrow and tentatively inserted his index finger into the 'OK' sign, at the same time.

His voice followed.

"Prosecutor, may I ask you a question?"

"The 'steel ball' that caused Wei Tian's death...was it launched from the 'tubular device'?"

The words were spoken.

At the prosecutor's table, prosecutor Liang Bingxin was about to speak, but then he froze.

His lips moved slightly, and his complexion gradually changed from yellow to red, like a perfectly cooked roast duck.

Xu De raised his eyebrows again, his expression quite animated. He stared at Huang Shi, the prosecutor's friend, and tentatively asked a question.

"Yeah?"

"Prosecutor, please answer our questions directly."

"Excuse me... was the bullet that caused Wei Tian's death launched from the gun barrel through a tubular device?!"

Please answer!