Lawyer: Start with legal retaliation against infidelity!

Sometimes, when people are speechless to the extreme, they can actually laugh.

Of course, Zhao Zhong never believed this. He was a serious and upright person, meticulous in both his external and internal affairs, and never showed any frivolous behavior.

But now.

This shooting incident is the largest criminal case in Haicheng in recent years, and it's even been brought to the attention of both central and local media in Haicheng...

Zhao Zhong smiled, looking at Xu De with a forced, insincere smile.

In the trial area.

When Xu De, the defendant, saw that the presiding judge was smiling, he immediately smiled back.

The two looked at each other and smiled.

only......

Lawyer Lin Yue lowered her head slightly and tugged at Xu De's sleeve, signaling him to lower his head as well.

Xu De sensed the commotion beside him and immediately whispered:

Why are you pulling on me?

Lin Yue responded softly, "Stop laughing, stop laughing, or you'll be in trouble!"

Xu De responded, "How could I be unlucky? Look, even the presiding judge is smiling. He's smiling like that, so he must be very satisfied with the defendant's defense. If he wasn't satisfied, why would he give me such a friendly look?!"

talking.

He turned to Zhao Zhong and gave him another calm smile.

Judge's bench: ......

Judge Zhou hesitated, looking at Xu De's twitching eyes with astonishment.

"How dare you! You keep provoking the judge's bench!"

Then, he glanced at Zhao Zhong, only to see that the other man was looking at the photo in his hand with a half-smile, seemingly lost in thought.

For a moment, no sound came from the judge's bench.

but......

They were quiet.

But that doesn't mean the plaintiff can have peace and quiet!

"Your Honor, objection! Objection! The defendant is arguing illogically!"

"The exact nature of the murder weapon is beyond dispute; the defendant himself determined its nature even before the first trial began!"

The plaintiff.

Lawyer Wang Yan was somewhat anxious at this moment, her eyes still showing the shock she had just shown to Xu Dezhan.

Prosthetics...

No, how did those two words even come out of the opposing lawyer's mouth?

How could he dare to say it so seriously!

Wang Yan never imagined in her life that someone could look at the victim of a shooting with a straight face and say that it was a suicide using a prosthetic limb...

Does this person really have no morals at all?!

Thinking of this.

Wang Yan hurriedly picked up a document from her hand and said impatiently:

"Your Honor, this is the defendant's own statement."

"In his confession, the defendant Li Jie claimed that the murder weapon that caused the death of Wei Tian was a homemade gun that he had privately welded in 1995, before the gun ban was issued!"

The words were spoken.

Everyone's attention was focused on what the other person was holding.

This is a statement obtained from police interrogation. The record is very clear. In other cases, there would be no possibility of it being rejected.

Apart from that.

"And this too!"

Wang Yan glanced at the prosecutor's seat and, seeing that the other party had no objections, felt a slight sinking in her heart, but she steadied herself.

While pondering, he pulled out another document.

"These are the testimonies obtained by Haicheng police and the municipal people's procuratorate after interviewing the defendant's neighbors and friends in his hometown, 'Laowu Village,' following the incident on May 1, 2003!"

"During the testimony, multiple individuals identified the weapon as the murder weapon."

"Some people had eaten the prey that the defendant had shot with a firearm, and some people had borrowed this 'homemade gun'."

"Among social factors, this weapon is undeniably a 'firearm' according to legal standards!"

Before the gun ban, guns were not something shameful.

Li Jie and the other villagers who were allowed to carry guns would occasionally go out to hunt birds.

So after a little investigation, the so-called "evidence" was naturally countless.

But here's the problem...

"Plaintiff, you are mistaken!"

"To define an item from a social perspective, we need to consider both aspects!"

Before the judge could speak, he gave a signal.

dock.

Xu De once again displayed an expression of patient explanation, his eyes widening and his tone gentle, as if he were resolving the other party's doubts.

He said:

"First, the physical conditions under which an object exists within a fixed period of time!"

"You said that the weapon, prior to 1995, met the definition of 'firearm' under the Gun Control Act."

"But as you said, the weapon only met the 'firearm' standard before 1995, not now!"

"Do the physical characteristics of current murder weapons still meet the standards for defining firearms?"

Xu De's face was full of sincerity, and his eyes were wide open.

His tone was very serious, but it only made Wang Yan feel more and more frustrated.

Yes, this anger was inexplicable. Wang Yan wasn't someone who was easily provoked, but... seeing Xu De like this, she just couldn't help but want to curse.

Wang Yan's face showed anger as she was about to speak:

"Defendant's attorney, I think you should know how a rusty old gun is legally classified, right?"

"We don't need to remind you of that!"

The identification of guns is a very complicated process.

Therefore, the judiciary should not rigidly adhere to the standards of the Gun Control Law when determining the classification of guns; otherwise, serious problems would arise.

For example, the special circumstances mentioned by Wang Yan.

Imagine you are now an examiner in the "Bullshot Trace Section" of a forensic science center.

You have a rifle that has been passed down from the 1970s. At this moment, the inside of the gun is rusted and blocked, the barrel is blocked, and it is unable to fire.

So, would you classify this gun as a "firearm"?

Not count? But it was a gun decades ago and has never been modified. With a little derusting, it could kill!

Does it count? But at this point, its objective conditions simply don't meet the evaluation standards!

Second.

Rethink it.

According to the Gun Barrel Law, the original text clearly stipulates that all three factors for determining a firearm—its structure, kinetic energy, and lethality—must be met simultaneously for it to be considered a firearm.

but!

But ah.

Imagine you disassemble a homemade gun into all its parts, pack them in a bag, and prepare to board the plane in batches.

Each part is neither a gun nor an illegal part, but when assembled together they constitute a gun. At this point, security personnel will see a bunch of gun parts in your bag.

So.

Does this pile of parts count as a "gun"?

Count? But these are just parts! Only when they're assembled does it become a gun!

Not count? It can be assembled into a gun in three minutes and blow the captain's head off!

If it is determined to be counted.

So, do you think you could piece together a homemade gun from all the parts you have in your house? For example, parts salvaged from a television set, a metal bed frame, etc.

It's obvious that you can tinker with parts from many households!

Putting aside everything else, a nail gun can be easily modified to fix it.

So, does that mean the police can search for the parts, piece them together, and then convict you of possession of a firearm?

As for Xu De's response...

"Attorney Wang, I know."

"but!"

"I ask you, a piece of iron is forged into a gun, and then the gun is melted down into nails and a hammer."

Xu De raised an eyebrow and spoke up again to refute.

"So, if this material, originally defined as a 'gun,' is forged into nails and hammers, does that mean the person who buys the nails and hammers will also be charged with 'illegal possession of firearms'!?"

"The definition of a murder weapon is subject to change over time depending on the objective conditions; as the conditions change, the definition also changes!"

"In 95, our commissioner forged this material into a gun."

"But 95 years later, the objective conditions have clearly changed, and it has become an 'artificial limb' that is beyond question!"

Wang Yan was furious and embarrassed, her heart filled with impatience. She slammed her hands on the table, gritted her teeth, and stood up, saying:

"You're clearly using a fallacy of semantics, you..."

She hadn't finished speaking.

"Attorney Wang, please shut up!"

Xu De stretched out his hand, as if a traffic policeman were directing a vehicle to brake, instantly making Wang Yan feel like she had a fishbone stuck in her throat.

"I know you're in a hurry, but please don't rush. I haven't finished speaking yet. You can be anxious after I've finished."

"The above is what we have stated as the first factor in the identification of items based on social factors."

"And next, is 'two'."

talking.

He extended a second finger.

"two."

"The specific uses of the items!"

"The nature of something depends on what it is used for, and then we need to define it in reverse based on its use to see if it fits the description of a gun."

"For example, what's used for cooking is a kitchen utensil, specifically an iron wok, while what's used for killing is a gun."

"Regarding the murder weapon in this case, from 1995 to September 9, 2003..."

"It's been installed on my leg and used by my client!"

"I'd like to ask the plaintiff."

"Excuse me."

"Has this device existed in the form of a 'prosthetic limb' over the past eight years?!"

The words were spoken.

Xu De then fell silent, only staring at the plaintiff with a hint of expectation in his eyes.

The plaintiff.

Lawyer Wang Yan was speechless for a moment. Her lips moved for a long time as she looked at Xu De's flushed face, but she couldn't utter a single word.

Among social factors, what the manufactured items are used for is very important.

Take a knife, for example.

It's easy to use a kitchen knife to kill someone, but if you see someone holding a knife, do you assume they're about to kill someone?

No, that's impossible. These are objective factors. No matter how you look at it, Li Jie has never used this thing to kill anyone in the past eight years.

But then a problem arises.

"objection."

Suddenly.

Over at the prosecutor's table, the three prosecutors exchanged a few words and then looked up.

Prosecutor Zheng Tong took a deep breath and looked at Xu De solemnly, saying:

"Defendant, we agree with your point that the characterization of something depends on how it is used."

"But similarly, the objective mechanical structure also needs to be considered!"

During the conversation.

Prosecutor Zheng Tong held up a document.

"presiding judge."

"These are the steel balls that the Haicheng police found inside the body of the deceased, Wei Tian."

"This steel ball released 60 joules of energy, causing Wei Tian's death. Of course, that's not my focus; what I'm really talking about is..."

Zheng Tong paused slightly.

Immediately, his somewhat rough, extremely imposing features darkened slightly, and he said in a deep voice:

Why?

"A so-called 'prosthetic limb' as described by the defendant would contain steel balls!?"

These words were spoken.

The First Court seemed to have regained its senses somewhat, and everyone was still a little dazed.

Yes.

If this is a prosthesis, why are there steel balls? And what is the function of the spring?

after all.

You weld an explosive grenade to a knife blade, does that mean the explosive grenade counts as the knife handle and not a bomb?!

If that's the case...

There was once a case in the north where a man from a village found hundreds of explosive shells. Before leaving the village, in order to give back to the village, he laid these hundreds of shells on the village road, covering the entire road.

Could it be...?

This shell has always been treated as a "floor tile," could it really be a floor tile?!

"presiding judge."

"The prosecution argues that social factors are certainly important."

"However, 'social factors' must be analyzed in comparison with 'objective mechanical conditions,' and neither should be considered in isolation!"

After prosecutor Zheng Tong finished speaking, he took a deep breath.

What should be said but shouldn't be said.

The defendant's arguments were indeed tricky and surprising, catching him off guard... even he would have found them difficult to counter.

On the judge's bench.

"The defendant."

Judge Zhao Zhong felt that the prosecution's argument was reasonable. After a moment's thought, he looked at the defendant's seat.

"Do you have any explanation for the prosecution's statements?"

Xu De answered without hesitation, "We have something to say!"

"Please speak," the judge's bench responded.

Xu De calmed himself down slightly. He stood in his place, looking around sincerely. His gaze swept over the surroundings briefly before he slowly spoke:

"First of all, everyone here, what is a single steel ball?"

"It is neither a bullet nor a deadly arrow, but simply a smooth bead made of steel."

"Even a single steel ball in a prosthesis can affect the prosthesis itself..."

talking.

Xu De paused slightly, then his brows furrowed and he asked a question in return.

"So."

"I would like to ask, according to the law, should we first determine the nature of this 'bead'?"

How to classify the beads?

This...this is impossible.

At the prosecutor's stand, Prosecutor Zheng Tong hesitated for a moment before beginning to think carefully.

As previously considered.

A grenade welded to a knife handle does not become a knife handle; it remains a bomb because the grenade itself is predefined.

What about steel balls?

Steel balls are not legally defined as dangerous goods.

So, on what basis should a prosthesis be classified as a gun simply because a regular steel ball appears in it? What's the basis for this assumption? Is there any legal basis for it?

No, so the presence of steel balls in prostheses is completely legal and compliant.

Unless, right now, the law can be changed to state that steel balls are "bullets" and are contraband!

But if that's the case...

So what are ballpoint pens, bearings, pulley clothes racks, and yo-yos?

Does that count as bullets and guns?!

"If a ballpoint pen tip stabs someone and the ball bearing enters the body, is that considered a shooting? If excessive bearing pressure causes an explosion, and the resulting steel balls kill someone, is that considered a shooting?"

Xu Deyi bombarded the title "prosecutor" with a barrage of questions, showing no respect whatsoever.

"Or does that mean if a child hits someone with a yo-yo and the steel ball hits them on the head, that counts as a gunshot wound?!"

this.......

Not just the auditorium.

Even in the dock, the prosecution...

Everyone hesitated slightly, listened to the logic, and shook their heads after digesting the reasoning.

Obviously, none of them count!

That's how it is.

"Then, prosecutor, I'd like to ask..."

"A steel ball in a prosthesis certainly defies common sense, but... is it illegal?"

Xu De asked his final question, looking at the other person with genuine sincerity.

Is it illegal?

"Which law prohibits steel balls from being installed as components in prostheses?"

The prosecutor's stand.

Prosecutor Zheng Tong was speechless. He felt extremely uncomfortable and wanted to stand up and say something, but he couldn't find the words.

It's not illegal at all!

The law only restricts what is within the scope of the law.

As for things that aren't regulated... theoretically, there's really no way to control them. Don't even mention that it's not illegal for steel balls to be in a prosthesis; you could even stuff an airplane into a prosthesis and it wouldn't be illegal!

Since it's not illegal.

"Then, prosecutors, we believe your perspective is flawed."

"You can't discriminate against our client just because he's a folk craftsman with insufficient knowledge, inferior to those engineers, with wildly imaginative ideas and a tendency to misuse materials!"

Xu De's tone gradually softened, as if he had forgiven the other party.

This made the prosecution somewhat anxious.

What does it mean to discriminate?

This is clearly an objectively existing problem!

"I am not discriminating, please do not make subjective assumptions!" Prosecutor Zheng Tong explained anxiously.

joke.

With so many reporters and media present, if he were to get this label attached to him... wouldn't he be out of a job?!

"That would be best." Xu De nodded.

Zheng Tong: ?

What does "this is the best" mean?

No, why are you lecturing me now?!

In an instant.

Zheng Tong's face visibly changed from sallow to pink, and then to crimson. He kept his mouth shut and stared intently at Xu De.

But it's obvious.

Xu De did not react to his opinion at all, and his attitude was even unusually mild.

A slight smile appeared on his face, and his gaze swept over both the prosecutor and the plaintiff before he sat back down, took a small sip of tea, and said:

"Regarding this case."

"Does the prosecution and the plaintiff have any further objections to our defense materials?"

Upon hearing this...

Both of them felt as if they had just swallowed a big mouthful of rice cake, their throats instantly blocked.

The three prosecutors in the prosecution booth looked at each other, and for a long time, they couldn't say a word.

The lawyers in the plaintiff's seat had faces as red as ripe apples, but they didn't say anything to refute the claims.

There's a saying: "Anything not prohibited by law is permissible."

Of course, that's not entirely true, because if you do something that isn't prohibited by law, the authorities might still arrest you.

but.

If you do something that isn't prohibited by law, there is absolutely no legal basis to try you!

And this is a courtroom.

Even though everyone present felt as if they were being insulted.

Although the presence of steel balls in a prosthetic limb made from a firearm is indeed quite counterintuitive.

Even worse, the steel balls have killed people!

but......

There is no law stating that modifying a homemade gun into a prosthetic limb is a crime.

There is no law prohibiting the use of steel balls in prostheses.

There is no law stating that if something that was a firearm ten years ago is completely converted into a prosthetic limb and internal steel balls splatter and accidentally kill someone, it should be treated as an execution by shooting!

In the audience.

As the crowd's gazes grew increasingly questioning, a commotion gradually filled the air.

"This...is this the only case in the entire Eastern Kingdom?"

"It seems... the law doesn't really have a blanket ban on everything!"

"There seems to be a similar provision in the Gun Barrel Law... no, there is no explicit prohibition, at most it is just some guidance."

"So...this really is a prosthetic limb? A prosthetic limb that can kill people!?"

"If it's determined to be a prosthesis, how should the judgment be made?"

"......"

In a daze, everyone's expressions turned strange.

If this is a prosthetic limb, then how should Li Jie be sentenced for Wei Tian's death?

It seems there are no such cases in Dongguo!

It's not just them.

This problem is clearly troubling the three judges right now!

"A prosthetic limb... If it's a prosthetic limb, then Wei Tian's death is purely accidental. Even if a fight broke out between the two parties, the bullet splatter is an uncontrollable factor that cannot be controlled by the fight, so it still falls under the category of 'unpredictable accidental event,' which means he is innocent."

"But...the contradiction between the two is very clear, and the matter was born out of 'hatred'."

"A murder case stemming from revenge...the defendant was acquitted?"

On the judge's bench.

The three judges sat high on the table, their minds racing, but the expressions on their faces clearly showed that their brains had not yet provided any information.

Judge Zhou felt his mind go blank for a moment, and he couldn't help but say:

"If someone clearly harbors hatred, actively seeks out another person, engages in a fight, and someone dies, and is found not guilty... that would be utterly outrageous from a legal standpoint!"

That's absolutely outrageous.

Putting aside everything else, in ordinary cases, if he even slightly touches on just one of the factors, it would be enough to convict him.

In the end, they managed to piece together a case of "not guilty"!

Another judge then whispered:

"I remember, didn't Green Forest City in Qingwu Province also have a 'not guilty' verdict last year?"

"This is also a case where the defendant clearly committed murder!"

Upon hearing this...

Judge Zhou immediately shook his head and denied it:

"How can these be the same?"

"That case was a legitimate act of self-defense, and the victim also bore significant fault."

"In the current Haicheng case... the grudge and the act of violence are very clear, but the defendant is trying to portray it as an 'accident.' The facts of the case and the defense's perspective are contradictory, while there is no contradiction in the Lusen City case. The two cases are completely unrelated!"

Upon hearing this, the third judge was at a loss for words.

Wei Tian did not commit any major offenses.

What? Insurance fraud isn't considered a crime?

No, the court hasn't found him guilty yet. Therefore, Wei Tian was "innocent" when he died.

Thus, the case becomes: Li Jie, having run out of money, first approached a resident who was not guilty, and the two got into a fight, after which the "guilty" resident was killed.

Immediately afterwards, Li Jie, who was the first to approach the deceased, said that he was innocent and that it was an accident.

"Uphold the first-instance verdict?"

After a moment's thought, the judge frowned and asked, then shook his head before the two could speak.

"That's not appropriate, that's not appropriate."

"At present... it's difficult to define the gun issue. The evidence center will need to examine it at least once more, and only after a comprehensive and thorough examination can a definitive definition be made."

Upholding the first-instance ruling is also inappropriate.

A not guilty verdict is not acceptable either.

Xu De was as if he had put three judges in a difficult position, leaving them both in an awkward situation.

until......

"Bang!"

In a daze.

A crisp sound of a gavel echoed throughout the First Courtroom.

Everyone looked up and saw that on the judge's bench, Judge Zhao Zhong had stopped thinking and instead turned his gaze to the defendant's seat.

"The defendant/suspect."

Five words were uttered.

In the very center of the trial area, Li Jie, who was handcuffed, instinctively shuddered, and then hurriedly spoke:

"I...I'm here."

Presiding Judge Zhao Zhongdao: "Is it true that the murder weapon was a prosthetic limb, as claimed by the defendant?"

The defendant, Li Jie, paused slightly, recalling Xu De's words, and immediately took a deep breath, forcing himself to speak:

"true!"

"Your Honor, this isn't a gun, it's my prosthetic leg. You can ask my friends about this; they all know. I've been using it for almost ten years!"

Judge Zhao Zhong's tone turned somber, his eyes cold, and he spoke again:

"Why did they say it was a gun during the first trial?!"

Li Jie mustered his courage again, shrank his neck, and whispered:

"I...I thought I hadn't handled it properly; this thing is a gun..."

"What do you think?" Zhao Zhong's voice rose a few notches.

Li Jie nodded. "Yes, that's what I thought. I didn't expect it to be a little different from what I thought."

Is there a slight difference?

The difference is huge!

They sentenced him to death in the first trial, but then, in front of dozens of media outlets, he recanted his confession...

Presiding Judge Zhao Zhong seemed somewhat weary. After thinking for a moment, he added:

According to Article 26 of the Gun Control Law, "Those who are no longer qualified to carry firearms shall surrender them."

"The original text stipulates that: when units and individuals equipped with civilian firearms no longer meet the conditions for possessing firearms, they must promptly hand over the firearms along with their firearms permits to the public security organ that issued the permits; if they fail to hand them over in a timely manner, the public security organ shall confiscate them."

According to Article 27 of the Gun Control Law, "guns that are scrapped must be handed over and individuals cannot dispose of them privately."

The original text stipulates that firearms that do not meet national technical standards or cannot be used safely should be scrapped. Units and individuals equipped with or possessing firearms should hand over the scrapped firearms along with their firearms permits to the public security organ that issued the permits; if they fail to hand them over in a timely manner, the public security organ shall confiscate them. Scrapped firearms should be destroyed promptly.

To put it simply...

Guns must be surrendered!

Even if you disassemble the gun, turn it into a pile of metal, scrap it, and make it into a prosthetic limb, you still have to hand it over.

Otherwise, it would be illegal!

"Defendant, why did you fail to surrender your weapons as required when the gun control law was fully implemented on October 1, 1996?"

Judge Zhao Zhong frowned slightly, his gaze sharpening.

The defendant's seat.

Li Jie was speechless. He was just about to say that he had lost his leg and didn't have the money to buy a prosthetic leg...

A voice appeared even before he acted.

"presiding judge."

"Regarding the aforementioned violations of the law by our client, we are willing to bear the corresponding legal consequences!"

All I saw was...

A glint of light flashed in Xu De's eyes. He quickly reviewed the relevant laws and regulations in his mind and immediately spoke:

"We did not 'illegally possess firearms,' and this does not constitute a criminal offense; it only violates administrative regulations."

"In accordance with Article 44, Paragraph 1, Item 3 of the Administrative Penalty Rules."

"We are willing to accept the penalty of [confiscating their firearms and potentially imposing a fine of up to 5,000 yuan]!"

At this moment.

Xu De acted very magnanimously... The fine? The prosthetic limb? He gave it to the court!

Upon hearing this...

The defendant's seat.

Li Jie, who was about to argue, quickly said, "I accept the punishment, I'm willing to hand over... my prosthetic leg!"

Upon hearing this...

On the judge's bench.

Judge Zhao Zhong laughed again; this was the second time he hadn't been able to hold back his laughter that day.

Are you willing to hand over your prosthetic leg?

No, they've all been killed. Whether you like it or not, you have to pay them off!

A fine? The fine is at most five thousand. Five thousand for a clean acquittal is a bargain for anyone!

Zhao Zhong... was out of ideas.

He looked at Xu De, met his gaze, and felt the seriousness in Xu De's eyes.

a long time.......

On the judge's bench.

Judge Zhao Zhong took a deep breath, then raised the gavel high, gripped it tightly with his right hand, and slammed it down.

"Bang!"

An unprecedentedly loud hammering sound resounded, the immense force even causing a crack to appear in the hammer handle.

At the same time, another voice followed closely behind.

"Regarding this case, because the facts are disputed and the conflict between the two parties has not been mediated, I hereby announce..."

Court adjourned!

The words were spoken.

Judge Zhao Zhong suppressed his emotions and was about to pick up the gavel to strike again.

But unexpectedly.

"Sizzle!"

He had just raised the hammer when it suddenly broke off from the handle as it was being struck with great force.

The fist-sized hammer, in a parabolic arc, struck precisely on the head of Xu De, the defense attorney in the defendant's dock.

Xu De's expression changed, and he hurriedly backed away from his chair, nearly falling to the ground.

Seeing this scene.

Zhao Zhong snorted, stood up, and left with a flick of his sleeve.

"The specific hearing date will be announced by the court later."

The words were spoken.

The three judges strode out of the courtroom.

Before leaving, Zhao Zhong stood at the door, turned back and glared fiercely at Xu De twice before leaving.