Lawyer: Start with legal retaliation against infidelity!

In nature, there are creatures that mimic appearances, changing their own appearance to hide themselves in the environment, making them difficult for predators to spot, thus achieving the effect of catching fish in troubled waters.

However, under normal circumstances, although large predators also have mimicry fur, it is at best an auxiliary tool.

If you're strong enough, you won't need this much support!

Humans are very strong; they are at the top of the food chain.

Therefore, there is basically no need to rely on particularly strong disguise.

But today, prosecutor Liang Bingxin has truly had his eyes opened.

"On the judge's bench, we have a question for the prosecution."

"During the incident, was the bullet that caused Wei Tian's death fired from a 'tubular object' as identified in the 'Firearms Stability Kinetic Energy Test,' thus leading to Wei Tian's death?"

Xu De put on a very understanding expression, stood up slightly, and looked at the other person with wide eyes.

In his eyes.

It holds a deep sense of anticipation!

He looked at Liang Bingxin with longing, but... Liang Bingxin couldn't utter a single word!

"You...this...he..."

Prosecutor Liang Bingxin was initially hesitant, then somewhat ambiguous, and soon his face gradually turned red.

He had countless things he wanted to say.

But the problem is, when these words are on the tip of my tongue, I just can't utter a single one!

He could only stare blankly at Xu De, whose face was full of expectation.

Was there a record of the incident?

It seems...it seems we haven't done any testing in this area before!

Is this...is this right?

Liang Bingxin was caught up in a brainstorming session, while the three prosecutors looked at each other in bewilderment.

The audience felt as if they had been hit on the head with a hammer, and were completely dizzy.

Suddenly.

Although the prosecutor's seat quieted down, a burst of commotion quietly permeated the entire courtroom.

"A gun...not a gun? What do you mean? The defendant's lawyer is saying that the gun used to kill someone isn't a gun!?"

"My mind is a bit of a mess, can someone help me sort it out..."

"What are the standards for identifying firearms stipulated in the Gun Barrel Law?"

"Didn't the prosecution say it? Structure, dynamics, and lethality—I think all three requirements have to be met simultaneously; missing even one won't do!"

"The crime scene matches up! Springs, corpse, gun barrel—it was even originally made for hunting birds. If this isn't a gun, then what is?"

"......"

The entire audience was in a state of utter confusion.

to be frank.

They considered what angles Xu De might be able to argue from, or how he might gain sympathy, or how he might obtain his family's forgiveness to reduce his sentence.

But... but I really didn't expect that the other party would nip the case in the bud!

The prosecution stated that the deceased committed the murder with a gun.

The defense lawyer started by saying that this was not a gun, and that they were being reasonable. There was not a word of it before the trial, and the trial caught everyone off guard.

The idea was so imaginative that it made people instinctively want to reject it.

But calm down and think about it carefully.

If it can be proven that this isn't a gun... then it might be possible to try for a not guilty verdict!

This moment.

Plaintiff's seat.

"wrong!"

Lawyer Wang Yan seemed to realize something in a daze. Her pupils suddenly contracted as she looked at the defendant, her whole body tensed up, her hands clenched, and she subconsciously tried to stand up.

Her mind was in turmoil.

Both were senior lawyers, and Xu De merely expressed his opinion; Wang Yan naturally understood his intention.

"Not a gun? If it's not a gun, then the steel ball isn't a bullet."

"If it wasn't a bullet, then...it couldn't be manipulated. If Wei's death wasn't caused by human intervention, then..."

This moment.

Wang Yan suddenly felt a chill run down her spine, and unable to hold back, she subconsciously looked at the lawyer Du Teng beside her and said:

"So."

"Wei Tian's death has nothing to do with the defendant, Li Jie!"

"No...or rather, even if there is a connection, at most it's just an accidental death!"

Even if convicted, it can only be...

Three years!?

The moment she arrived at the answer, Wang Yan was startled by her own reaction.

Whether or not a gun was used is the core issue in determining whether Li Jie's death was due to "subjective intent".

If it weren't for the gun, it would have completely erased Li Jie's charge of "intentional homicide"!

What about the second crime? It's "illegal possession of firearms"!

If the gun isn't even a gun anymore, how can there be a crime of illegal possession of a firearm?!

In general.

The two charges brought in during the first instance will be completely overturned!

"Oh no, Attorney Du, the second trial is not the same as the first. If the conviction was overturned in the first trial, the conviction won't be changed in the second trial..."

Wang Yan looked at Du Teng, then lowered her head anxiously and spoke in a low voice.

The second instance is not the same as the first instance. If an error is found in the indictment during the first instance, the court can adjourn to allow the prosecution to amend the indictment, and then proceed with the trial according to the indictment.

The second trial, however, did not examine the case itself.

In theory, the review is to determine whether there were any flaws in the first instance judgment!

If the first-instance judgment is overturned, and the indictment from the first instance is completely dissected and found to be incorrect, then the second instance will not allow the prosecution to revise the indictment again for trial, but rather...

Thinking of this.

The answer was squeezed out from between Wang Yan's teeth. Her heart pounded, and she gritted her teeth as she said:

"The basis for the first-instance judgment was insufficient."

That is to say...

"Innocent!"

Thinking of this.

Suddenly, everyone on the plaintiff's side looked rather grim.

"What the hell? What's the defendant up to? Wasn't he trying to get a reduced sentence?!"

Someone spoke in a low, anxious voice:

"The purpose of that application for leniency was practically to throw the word 'sentence reduction' in my face, so how did it suddenly change to 'not guilty' at the trial!?"

These words were spoken.

Even Du Teng, a lawyer with excellent facial expression control, looked somewhat uneasy at this moment.

His gloomy eyes pierced through the space of the trial area and stared straight at Xu De.

After a long silence, he suppressed his anger, took a deep breath, and said in a deep voice:

"I've been scammed..."

I've been scammed... I've been scammed...

Upon hearing this, Wang Yan seemed anxious and wanted to say something.

How could they have been fooled?

Yes, our backgrounds are either top-tier law firms or near-top-tier law firms. Du Teng is even a senior partner at a comprehensive top-tier law firm!

They are the elite of the elite in society!

How could people like them be fooled by a greenhorn lawyer?!

Lawyer Wang Yan didn't believe it, but...

Two appraisal reports...

Wang Yan stared at the two pieces of evidence placed on the judge's table, and after a long while, she couldn't utter a single word.

Facts speak louder than words.

them......

I was definitely scammed.

"I underestimated him. This guy has been pretending to be stupid... I knew it, how could a fool have that kind of resume?"

"How could an idiot possibly pull off such a brilliant trial as the 'Ninth Hospital Case'? How could an idiot dare to take on the 'Haicheng Shooting Case'!"

Du Teng muttered to himself, and the more he spoke, the angrier he became.

So...

The other party is just pretending to be crazy!

They've been pretending since mid-August until the trial on September 9th, and they haven't even realized it. People are probably even secretly calling them all idiots...

"Shameless...shameless!"

"How is this any different from a surprise court raid!?"

Wang Yan's face was grim, and she squeezed out two curse words through gritted teeth.

But there was no time to waste on cursing right now. Wang Yan took a deep breath, looked at Du Teng, and quickly asked:

"What should we do?"

"We didn't prepare any contingency plans before the court hearing..."

Or rather, they had a plan, namely, a robbery.

This angle might be a way to counter the other side's strategy, but it's currently hampered by the "surprise court appearance."

so......

"It depends on your on-the-spot reaction."

Lawyer Du Teng took a deep breath, his mind racing, and a calm look appeared in his eyes.

He is an elite lawyer who believes in his own abilities while also not looking down on his opponents.

Although I've been fooled by their acting skills and have fallen for their trick.

but......

This doesn't mean I can't fix it!

Thinking of this.

Du Teng's eyes flashed, and a solution instantly came to mind.

"Your Honor, the plaintiff has objections!"

.......

On the judge's bench.

The three judges were still pondering and discussing when they suddenly heard a voice coming from the plaintiff's side, and they instinctively turned their heads to look.

Du Teng stood up to express his opinion, and while speaking, he took two deep breaths to calm himself down.

Presiding Judge Zhao Zhong paused slightly, then nodded.

"speak."

A single word was uttered.

Everyone composed themselves, turned to look at the plaintiff, and quietly awaited their response.

Plaintiff's seat.

After calming down, lawyer Du Teng slowly began to speak:

"Your Honor, we disagree with the defense attorney's claim that the steel ball that caused Wei Tian's death did not originate from the gun barrel."

"First of all, whether something is a gun is not determined solely by what it kills people with."

"For example, if the defendant is holding a standard-issue assault rifle, and he doesn't fire it at all, but instead kills the person by hitting them with the butt of the rifle, then would that weapon not be considered a gun?"

Everyone fell into deep thought.

Identifying whether something is a gun does not involve examining the murder process.

Instead, it only considers the structure of the gun to determine whether something is a gun!

If we look at the murder process...

Therefore, what Du Teng said was very straightforward.

A gun that kills people not by shooting, but by using the butt of the gun instead of the bullet passing through a tube to hit the person and not releasing any kinetic energy. Does that mean it's not a gun?

No, whether the murder was a "shooting" or not does not change the fact that firearms are firearms.

The identification of the murder weapon and the murder process must be clearly separated.

Applying this to the concept proposed by Du Teng, that is, if the two are examined separately, the murder weapon is indeed a gun, and the murder is also intentional homicide, but there is no "gunshot" involved!

Regarding the shooting incident in Haicheng...

"presiding judge."

"How the deceased Wei Tian died, or where the bullet was launched from, has no direct relation to how the murder weapon itself is defined!"

At this moment, lawyer Du Teng's eyes flickered, his brain was working non-stop, and brain cells were dying off one after another.

He adjusted his glasses and said slowly:

"In our opinion..."

"The murder weapon should be identified and determined based on its structure."

Upon hearing this...

In the trial area, everyone was lost in thought.

The judge's bench.

"Yes, the defendant's claim of 'shooting with a tubular object' refers to the fact that the weapon itself has this function."

"Instead of saying: if a bullet fired from a tube exits through the barrel and kills someone, then the murder weapon is determined to be a gun."

Judge Zhou's mind went a little overheated at that moment, but after calming down and thinking it over, he understood what Du Teng meant.

He looked up.

Looking at Judge Zhao Zhong, he frowned, nodded slightly, and said:

"If the weapon is determined to be a firearm."

"So, the bullet that caused the victim's death, whether or not it was fired from the gun barrel...does not change the fact that this was a shooting!"

First identify the gun, then determine how the death occurred.

Instead of inferring whether it was a gun based on how the person died.

for example.

You now have a legally issued gun in your hand. You aim it at your friend's head and pull the trigger, but the bullet doesn't fire.

Instead, something went wrong, but naturally it still hit your friend's head.

So.

At this point, the bullet has not passed through the barrel, which does not meet the condition of "firing using a tubular object".

Does that mean you don't have a gun and your friend wasn't shot?

No, it still is!

This example bears a striking resemblance to the crime scene.

"this......"

Judge Zhao Zhong frowned, as if he were about to form a knot in his heart. After a moment's thought, he did not answer.

Instead, he turned to the defendant and said in a deep voice:

"The defendant."

Do you have any objections to the plaintiff's statements?

Du Teng's point is valid; the reason why a shooting is classified as a shooting is because the weapon is first classified as a "gun".

If Xu De still insists that the bullet was fired from a gap rather than from the barrel during the victim's death, then... to be honest, the second instance will still uphold the first instance verdict.

only.

"objection!"

"Your Honor, we have clear objections!"

In the dock.

Xu De remained completely calm, his expression serious and focused. He glanced at everyone present and then said:

"Of course, before stating the facts."

"We continue to strongly protest against the plaintiff's lawyer!"

"Previously, it was a direct Q&A session between our side and the prosecution, not a question-and-answer session between our side and the plaintiff. We strongly object to being abruptly interrupted when we were asking questions!"

"In this courtroom, the defendant requests the plaintiff's recusal!"

Recusal in court... another recusal in court.

In the plaintiff's seat.

Lawyers Du Teng and Wang Yan were speechless. They sat in their chairs, looking at each other helplessly.

Of course, this little incident wouldn't lead to a direct divorce on the courtroom.

Presiding Judge Zhao Zhongdao:

"Plaintiff, please do not disrupt the court proceedings. If this happens again, you will be removed from the courtroom immediately!"

The words were spoken.

Zhao Zhong then looked at the defendant and said, "Defendant, please make your statement."

Xu De was somewhat disappointed that the other party was not driven away.

After all, this trial is indeed a bit troublesome for Du Teng. Both the views expressed by the opposing party at the beginning of the trial and the angles from which they are currently pointing fingers are very tricky. If they are not handled properly, they may really suffer.

It doesn't matter, since the other party didn't prepare in advance, it's not too troublesome for me to handle.

Xu De pondered for a moment, then had an idea, and said:

"Your Honor, we naturally agree with what the plaintiff has said."

"However, regarding the identification of the murder weapon in this case, the defendant did not, as the plaintiff claimed, conduct an identification solely based on the 'process of death'."

"This is merely the first point we wish to make."

"Right now."

"The cause of death of the deceased, Wei Tian, ​​was that a steel ball ejected from the murder weapon shattered his eyeball and struck a weak point in his bone, causing brain damage and resulting in biological death."

"This is a low-probability, uncontrollable, random event!"

Upon hearing this, Du Teng wanted to refute it, because if it were really like that... the defendant might not be acquitted, but he would definitely get a reduced sentence!

But then I thought, compared to completely denying the existence of guns... I'll just accept a reduced sentence.

So Du Teng calmed himself down and prepared to see what the other party had to say.

At this time.

Xu De paused slightly, then suddenly spoke again:

"Your Honor, we believe that the plaintiff's statement is correct."

"To determine whether a weapon is a gun, one should examine its structure."

"On August 24, we received two appraisal reports: the 'Qualitative Appraisal of the Mechanical Structure of the Weapon' and the 'Firearm Stability Kinetic Energy Test'."

"The latter, 'Firearm Stability Kinetic Energy Testing,' I believe can be fully explained."

The...second appraisal?

The crowd paused slightly, especially the prosecutor's and plaintiff's seats.

Both sides were slightly taken aback.

The second kinetic energy test result indicated that the equipment lacked the ability to stably launch projectiles.

This statement seems to directly negate 'kinetic energy', one of the three factors in firearms.

but......

Again.

Firearms are identified by examining three factors: structure, kinetic energy, and lethality.

Apart from these factors, none of them are valid criteria for evaluation.

The same reason.

Whether a gun has a stable firing capability is not a standard for evaluation!

If there is a weapon that meets the three-factor identification criteria, then... even if you pull the trigger a hundred times and only one bullet is fired randomly, it can still be considered a gun.

Even if someone is killed, it is still considered a "shooting"!

and so.

The second document was initially thought by both sides to be for sentence reduction purposes, as it had nothing to do with the removal of firearms.

But......

"Your Honor, the kinetic energy test report clearly states that it does not possess stable kinetic energy."

"And I think that some of the test data was not carefully reviewed by the opposing lawyers and the prosecution."

Xu De pulled the document out of his hand and pointed to the specific text on it.

"The testing method is to 'simulate the crime scene environment' and conduct a simulation test using an 'impact machine'."

"The Haicheng Evidence Center conducted a total of 105 simulated tests on the instruments, attempting to replicate the outcome of the crime, but what was the result? The result was '0'!"

He pointed to the test report above, speaking calmly and without a trace of anxiety.

"This so-called '0' refers to the fact that in more than a hundred experiments, the weapon did not exhibit any kinetic energy even once."

"Therefore, the receipt report states 'lacks stable kinetic energy'."

"However, based on the experiment, this report should be changed to..."

He paused slightly, then suddenly said:

"It lacks 'kinetic energy'!"

A sentence slipped out.

In an instant, it was as if the wrinkles in everyone's brains had been smoothed out, or as if an unknown door had slowly opened before them, revealing the mystery within.

Everyone's eyes widened in surprise.

Yes.

Lacking stable kinetic energy means that kinetic energy exists but is unstable and cannot be predicted or controlled.

However, the experimental report fully demonstrates that it is not unpredictable or uncontrollable.

It simply doesn't exist!

Unstable and non-existent look similar and even read somewhat alike.

But even this small difference... has its impact on criminal law.

They are worlds apart!

"The Gun Barrel Law clearly states that the three conditions of 'powered structure causing injury' must be met simultaneously. If one condition is missing, then the object being tested is not considered a gun."

"If the forensic report is indeed true... then something lacking power... even if its appearance and internal structure are related to a gun, still cannot be considered a gun!"

"Wait, why is this so convoluted!"

"So, based on the murder process, the bullet didn't pass through the barrel, so it's not a gun. And based on structural analysis, it doesn't possess kinetic energy, so it's not a gun either?"

"How did Wei Tian die!?"

"..."

The expressions of the people in the audience changed slightly, and some found it unbelievable.

This thing isn't a gun? Let's just say it isn't.

You say there's no motivation? Well, there probably isn't. After all, out of 104 simulations, there wasn't a single instance of kinetic energy being demonstrated, which is indeed plausible.

If that's the case...

What about Wei Tian?

How did Wei Tian die?!

"Defendant, we must remind you that in this case, there is a deceased person!"

The prosecutor's stand.

Prosecutor Zheng Tong spoke softly, his expression serious and his voice low, as he slowly said:

"The steel ball that caused the victim's death was determined by forensic examination to possess a kinetic energy of 60 joules!"

It lacks kinetic energy.

But if it truly lacks these qualities, then there would be no deceased person.

unless.......

Can you explain the cause of the deceased's death?

"Prosecutor, we have already made our position very clear."

"Under normal circumstances, the murder weapon in this case does not possess kinetic energy; this is clearly stated in the test report!"

"As for the deceased Wei Tian, ​​how did he die...?"

dock.

Xu De paused slightly, took a deep breath, and looked at the plaintiff's seat with a serious and earnest expression.

"We believe the deceased was..."

"suicide!"

Suicide?

If Xu De's previous words were like hitting them on the head with a hammer, then...

After those two words were uttered, everyone in the First Court felt that Xu De had jumped off the trial area and was waving his fists to trample on their intelligence.

suicide......

you mean.

A man worth hundreds of millions, still in his prime, with a successful career and family...

Suicide by gunshot?

In an instant.

The plaintiff is in the plaintiff's seat.

"Your Honor, the defendant is launching a personal attack and slander against our client!"

Unable to contain herself any longer, lawyer Wang Yan looked at the judge's bench with a furious expression, expressing her strong protest and dissatisfaction.

"This involves defamation and distortion of the facts!"

"We have the right to protect our rights!"

You killed someone and you say it was suicide... No one could accept that.

Before the judge could speak, the defendant immediately began to explain.

"No, no, no, plaintiff, I think you have misunderstood us."

"The suicide we are referring to is not the so-called intention to die, such as hanging, or voluntary suicide by taking sleeping pills."

Xu De remained calm, seemingly offering a helpful explanation of what "suicide" meant.

"It's 'self-destruction'!"

Self-harm and suicide are two different things.

The latter is the more common case: someone wants to die and then actively seeks to die.

The former... is purely literal.

He killed himself!

There is no rule about whether one wants to die or actively seeks death.

Even if you don't want to die, but your actions kill you, that's still considered "self-harm".

And Wei Tian...

"His death process perfectly matches 'suicide'!"

"first."

"The weapon that caused the other party's death was not a gun, nor did it have 'kinetic energy,' but... I think everyone here has already seen the surveillance video of the incident."

"During the incident, the deceased, Wei Tian, ​​engaged in a series of actions, including violently striking the weapon that caused his death."

Xu De spoke slowly, and he casually mentioned the live video recording.

The court already possesses this video recording; he does not need to submit it himself.

"It was precisely his deliberate act of throwing and slamming that caused the non-kinetic device to break. Subsequently, the powerful spring clip in the prosthesis dislodged, and steel balls were ejected, killing the man!"

"During this time, the kinetic energy released by the murder weapon was all caused by the deceased himself."

"And it has nothing to do with our client!"

in other words.......

Weitian is like a processing plant.

He snatched the equipment, installed a temporary kinetic energy device on it, and then used the device to shoot himself in the head.

If it's hard to understand...

Imagine someone steals your phone (which doesn't actually have C4), then modifies it into C4, throws it into a crowd, and kills others while simultaneously killing the modifier.

Does this mean you manufactured the C4 yourself?!

No.

The same reason.

"Your Honor, in this case, the instrument that caused Wei Tian's death cannot be proven to meet legal requirements, either in terms of its 'structure' or the 'murder process'..."

"That is, Article 46 of the 'Eastern People's Gun Control Law,' which defines the standards for firearms!"

Therefore, the concept of "shooting" does not exist in this case.

"and."

"According to the 'Firearms Stability Kinetic Energy Test', it can be determined that the murder weapon itself did not have kinetic energy, but rather that it was temporarily 'modified' by the deceased."

"Wei Tian's act of 'modifying' led to his death, which constitutes suicide."

"This situation is unpredictable, uncontrollable, and cannot be pre-emptively triggered; it is an extremely low-probability event!"

"In summary......."

"We believe that the facts of the case fully comply with Article 16 of the Criminal Law, which clearly stipulates in its 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.

Speaking of which...

Xu De felt a slight lack of oxygen in his brain. He took a deep breath, looked at the prosecutor and the plaintiff, and put on a professional smile.

If it's not a crime, then...

"In this case, the defendant is Li Jie."

"Innocent!!!"

"They should be released immediately!!!"

Release immediately...

Inside the First Courtroom.

The vast space, where hundreds of people had gathered, was eerily quiet, with only Xu De's powerful, seemingly premeditated voice echoing in their ears.

Everyone fell silent.

Not a gun, suicide, accident, innocent...

So, whatever the first instance verdict says, it gets rejected?

Seeing that no one spoke, Xu De didn't mind and waited happily.

After all, if no one speaks up, it means no one is refuting it, and if no one is refuting it, doesn't that mean what they said is accepted?

However, it is quite obvious.

The others were just stunned, not dumbfounded.

I don't know when, but in a daze.

A voice came from the judge's bench.

"Defendant, given your stance, if the murder weapon in this case was not a gun..."

I turned my head to look.

But then I saw...

Judge Zhao Zhong picked up the photograph... the one of the murder weapon, the one that bore an 80% resemblance to the gun. He looked at Xu De and asked:

"So."

"What do you think this is?"

Xu De paused for a moment, then explained understandingly:

"This is a prosthesis."

Presiding Judge Zhao Zhongdao: "A prosthesis? You mean, a prosthesis that replaces a limb?"

Xu De nodded quickly and began to explain to the other party.

"Yes, Your Honor! My client is missing a leg... and this murder weapon is a prosthetic of his missing right leg!"

"Is it really a prosthetic leg?"

Xu De nodded again, his face serious and earnest, showing no sign of joking.

"It's a prosthetic leg!"

Prosthetic limb.......

On the judge's bench.

Judge Zhao Zhong glanced down at the murder weapon in the photo, then at Xu De's serious expression, his gaze shifting back and forth between the two.

a long time.

Presiding Judge Zhao Zhong smiled.

......

......

P.S.: Requesting monthly votes! Undoubtedly requesting monthly votes!