Lawyer: Start with legal retaliation against infidelity!

Every industry has its own risks. For example, to know just how high the risks are in the accounting industry, you can ask graduates from prestigious universities like Tilanqiao University.

Or perhaps it's the police and doctors; the former have to fight against criminals, while the latter also have to guard against patients and their families.

Xu De has always felt that the risks in the legal profession are only high, not low.

After all, if you win a case, you have to be wary of the opposing family; if you lose, you also have to be wary of whether your client harbors resentment.

If you're unlucky enough to get a legal aid case, you'll have to worry about whether your reputation will be damaged because of it.

but......

Xu De never expected that the dangers were not limited to these.

Even in court, there are threats to the personal safety of lawyers!

"The court...is it in recess?"

"Yes, court is adjourned."

"So what's going on?"

The moment the word "adjournment" was uttered, the tense atmosphere in the courtroom eased, and everyone present ceased to follow the rules.

dock.

Xu De, dressed in a suit, sat in a chair, looking down at the hammer in his hand, and fell silent.

The hammer looks great.

The gavel is exquisitely crafted, made entirely of wood and coated with a thick layer of wax, with intricate patterns carved into its shaft.

only......

This hammer should be on the trial bench.

Instead of the defendant's seat.

It absolutely must not be smashed on the heads of the court personnel!

"Hmph, I told you to wear a helmet in court, but you wouldn't listen. Now look what happened!"

A burst of jubilant laughter rang out beside him.

Lin Yue, dressed in an office lady outfit, was seen smiling with her lips slightly pursed and one hand covering her mouth.

Then he stood up, his eyes showing concern, and looked at Xu De carefully.

"Where does it hurt?"

Xu De said, "Judge Zhao's aim was a bit off; he didn't hit me!"

Lin Yue thought for a moment. Knowing the nature of the person in front of her well, she pondered for a moment, then opened her eyes wide and asked suspiciously:

"Are you going to sue him?"

Was this intentional? If so, then Xu De has the right to be charged with "intentional injury" under Article 234 of the Criminal Law!

After all, there is no law that allows the presiding judge to throw a gavel and hit the defendant's lawyer on the head during a second-instance trial!

only.

Xu De thought of Judge Zhao Zhong's "department-level" rank, and his expression instantly turned serious. Without changing his expression, he placed the gavel on the defendant's table and casually said:

"Never mind, we adults are magnanimous, I forgive him."

He didn't think much of this incident.

The case is currently adjourned, but this does not mean it is over; the situation could change at any time.

Putting aside everything else.

It's just a secondary appraisal!

"Director Xu."

"The murder weapon will probably be sent to the evidence center for identification... Hmm, this time it might be a bit difficult to identify."

After tidying up the materials, lawyer Qian Hao looked up at the plaintiff's seat, then narrowed his eyes slightly and whispered to Xu De.

"after all."

"While you are generous... that doesn't mean everyone else is like you!"

Upon hearing this...

Lin Yue and Xu De paused slightly, then looked up and followed the other person's gaze to the other side.

Upon seeing this, the group immediately frowned.

All I saw was...

In the trial area, after the presiding judge left, the plaintiffs and prosecutors did not rush to leave but continued to organize documents and materials.

The plaintiff is in the plaintiff's seat.

Lawyers Du Teng and Wang Yan, among others, were staring at them with grim expressions when Xu De looked over, and the two sides instantly locked eyes across the courtroom.

At this moment, their gazes seemed to transform into needles and wheat awns, colliding and sparking each other.

Wang Yan's face was rather grim, her fists clenched tightly, and she looked as if she wished she could tear a piece of flesh off Xu De.

Du Teng was a little better, but not by much. Although he didn't lose his composure, he was even more gloomy and oppressive, like a venomous snake hiding in the shadows, ready to pounce and bite you at any moment!

The two looked at each other for a moment.

Not long after.

"Heh."

Du Teng gave a cold "Heh," pushed up his silver-rimmed glasses, then turned and walked out unhurriedly.

Seeing this, the others got up and followed, their steps unhurried and their manners impeccable.

Once the other person's figure disappeared, the defendants turned their attention away.

"This is tough. We didn't win the case on the first hearing... The recess is going to be troublesome."

Qian Hao took a deep breath, his brows furrowing.

Upon hearing this...

Wang Chao, standing beside him, couldn't help but cross his arms, glance at the media reporters beside him, and lower his voice to say:

"Trouble? The case has progressed this far, what trouble could there possibly be!?"

talking.

He counted on his fingers, explaining one by one the advantages his team currently possessed.

"First, regarding the media, public opinion is completely on our side, and the subsequent developments will likely proceed as Attorney Xu predicted. Although we took advantage of the residents and caught them off guard, the focus of public opinion isn't on us, but on the court!"

"Currently, public opinion is too strong. In the eyes of the residents, the court has every reasonable and legitimate reason to reduce the sentence of the defendant, Li Jie."

"If the court upholds the first-instance verdict and Li Jie is sentenced to death... how could public opinion possibly be satisfied?"

It's a good thing that people are paying attention to a case, but it's also a bad thing!

First of all.

For a major power to develop and maintain order, the guiding principle of the judiciary is "no backdoors, no loopholes, and everything must follow proper procedures!"

and so.

In some cases, where the matter is not brought to the forefront, judges can exercise their discretion to allow the parties to mediate, thus avoiding escalating the situation.

But once it's out in the open!

Hundreds of thousands, even millions of eyes are watching you!

In this situation, would you dare to openly "abuse your power"?

What? You mean promoting morality?

For example, if someone kills A's mother, and A kills the killer in revenge, is that morally acceptable? Should A be acquitted?

How could that be?

Law is not about morality; it is merely a tool derived from moral and practical perspectives, with the purpose of stability.

and so.

From a legal perspective, the more people involved, the less likely the case should be influenced by personal relationships.

At most, the judge might use his discretion to sentence A to death with a two-year reprieve instead of the original death sentence.

What if they are found not guilty?

Perhaps some might say this is the epitome of justice, that this is what morality dictates, but the reality is... the strict order of the law has been lost, society is in chaos, and countless people will kill and harm others according to their own moral values, and use morality to cover up their collusion with money and power.

"Ha, you don't believe me when I tell you you're a fake!"

Qian Hao gave a cold snort and lowered his voice again.

"Then tell me, why is it that the greater the public outcry, the more strictly official procedures must be followed?"

Wang Chao paused slightly; he knew this, and had already thought about it earlier.

Naturally, it's because of the "judicial orientation." If things aren't handled impartially, and no one will do anything about it when someone is killed, then naturally a lot of people will follow suit.

Of course, there are exceptions.

In other words... this is how it is right now!

"Attorney Xu gave a 'reasonable' explanation!"

"The court could have easily gone along with it, satisfying public opinion, adhering to ethical standards, and conducting the trial according to judicial order!"

Wang Chao pointed to his thumb and began to speak, his brows furrowed with confusion.

"And this stepping stone provided also perfectly prevents others from imitating it."

"Because the other cases won't have the same 'stepping stone'; they'll still be dealt with officially!"

Yes, no two steps are the same.

Xu De could offer a way out by saying "the murder weapon wasn't a gun," thus allowing Li Jie, the murderer, to be acquitted.

But if others commit murder, the judiciary can still impose severe penalties, because the other party is unlikely to offer the same excuse!

only......

"You idiot! I was talking about the direction, the 'consequences,' not how the others will be judged!"

Qian Hao was truly helpless. He shook his head slightly and simply blurted out the whole story about the public opinion.

"To put it simply, Li Jie's case is a case between him and Wei Tian."

"Or, on a larger scale?"

talking.

He pointed to the plaintiff's seat, then to Li Jie, and sneered:

"That's the conflict between the victims of the 'bank case' and the 'insurance company'!"

How many victims were there in the bank case?

"Hundreds of people!"

"Li Jie is just one of them. Do you think that if the appellate court finds Li Jie not guilty of murder, then... will those other 'victims' like him be misled by this 'case'?"

What will be the result of the guidance?

Countless shooting incidents have occurred!

Perhaps this is morally sound.

However, this is absolutely not in line with the law; the law requires stability!

Courts and judges are not promoters of morality.

Rather, they are agents of the judiciary!

so......

"The court will certainly take this into account when delivering its verdict; otherwise, the hospital could very well become the culprit who 'stirs up trouble' and incites other victims to seek revenge on their own."

Qian Hao said casually.

"Normally, the court will take the middle ground and give a punishment that is neither serious nor minor."

"But our defense angle... well, you know."

"Either the death penalty, or... acquittal!"

Upon hearing this, Wang Chao fell silent, and Lin Yue, too, was at a loss for words.

Their perspective is indeed very extreme.

We can only fight for innocence!

If the defendant is not found not guilty, then all the evidence will be insufficient to even reduce the sentence. The normal practice of the court to take a middle ground fails at this moment.

"But...but we do have evidence, don't we?"

Wang Chao thought for a moment, then finally reached out and patted his briefcase.

"This is our second advantage."

"The evidence center has already authenticated the evidence, and the receipt report is legally valid and cannot be invalidated!"

Physical evidence has been obtained.

The hospital couldn't possibly reject it; both reports clearly showed that the weapon was not a firearm.

only......

"Has the characterization been determined?"

Qian Hao waved his hand, spread his hands, and said, "So, has the evidence center classified the gun?"

Upon hearing this, Wang Chao opened his mouth, but could not utter a word.

The gun... is undetermined.

The receipt report states that the device does not meet the requirements for a firearm, but it always falls short of the statement "Upon inspection, the device does not meet the requirements for a firearm."

in other words.

"This thing will most likely need to be re-examined at the evidence center."

"The physical evidence center is a local appraisal institution in Haicheng."

"Whose territory is this? Whose home ground is this?"

Qian Hao asked again.

Whose home ground is it?

This was naturally Du Teng's home turf. He had served as a judge and then a lawyer in Haicheng, cultivating local connections and having acquaintances in various organizations.

in this way.

"At that time, once the new identification information is identified, the acknowledgment report will not need to be too absolute."

Qian Hao smacked his lips and took two sips of mineral water while sitting in the chair.

"It only states that it 'meets the requirements for firearms after repair'... You should know what that means, right?"

Wang Chao wanted to refute.

But perhaps their knowledge was insufficient... or perhaps it was too abundant, so they knew the other person was right.

During the trial, they learned from the "gun parts" and "rusted gun" that Dongguo's method of determining whether a device is a firearm is not rigidly based on the three elements of the "Dongguo Gun Control Law": "structure, kinetic energy, and wounding power".

However, other objective factors must also be considered!

among them.

Whether the repaired weapon retains its firearm capability may sound absurd, but it is one of the evaluation criteria!

In other words, a firearm that is completely rusted and whose barrel is blocked by rust can be repaired and fired if it meets three conditions.

Even though the objective conditions at the time of the killing may not have allowed for the use of a firearm.

But if it's repaired, it can still fire bullets and kill people, then that would be illegal possession of a firearm!

"What was the murder weapon like at the crime scene?"

Qian Hao raised an eyebrow, guiding the pseudo-human's thoughts.

"Although the core structure was dismantled, the 'barrel' and 'body' were not filled with solid material, so... they can be repaired."

"As for the extent of the repair, whether it's a simple repair or a more complex one... that's not up to us to decide."

It's a physical evidence center!

And the physical evidence center is located in Du Teng's home field!

So, in summary...

"Although we gained an advantage in the trial, this advantage can at most even the case."

"A recess is when the other side truly begins to demonstrate their skills!"

Qian Hao said something thoughtful.

"Otherwise, why do you think the plaintiff's lawyers were able to remain calm when they left?"

"Of course, we also have some good news."

"Director Xu has stirred up a wave of public opinion, which has both advantages and disadvantages for us; but it has no 'advantage' for the other side at all. The court will be reluctant to adopt the plaintiff's opinions because of this."

Now, Wang Chao was speechless. He seemed to want to say something but couldn't bring himself to utter a single word: "no."

Home advantage... it's really a bit hopeless.

But if you don't make your opponent despair, then you can't really call it an "advantage".

After a long while.

"Alright, if they have things to do, it's not like we can't either."

finally.

Xu De, who was resting beside him, exhaled a breath of stale air, then stood up and stretched his limbs a little.

Then, he looked at Qian Hao, rolled his eyes, and said speechlessly:

"But you, kid."

"You know so much, but why don't you do anything more usually? You're always slacking off, aren't you?!"

The other party's statement was very neutral and objective, and every point they made addressed issues that our side should be concerned about at the moment.

But the words came back again.

This kid is so smart, but he just does nothing but slack off all day long. He spends his days either drinking coffee or lying on the sofa at the law firm!

Houde Law Firm's Number One Salary Thief!

"Oh, no, I was definitely doing something."

As if he had been caught red-handed, Qian Hao immediately sat up straight, his face serious.

What should I do if my boss catches me slacking off?

Of course, they would deny it to the death.

Qian Hao tried to explain, "It's mainly because you are so wise and capable, boss. You don't leave any trouble for your subordinates. I wanted to help, but I was willing but unable to."

"Heh heh, give me a break."

Xu De laughed, but then composed himself and fell into thought.

It's quite true that the recess is the real battleground.

There are many things the plaintiff can do.

And what I need to do is...

Xu De remained silent for a long time before finally saying:

"First, let's find a way to confirm the 'prosthetic limb' issue!"

Upon hearing this, Lin Yue asked curiously, "How do we confirm it? Do we catch them off guard again by getting a second forensic examination at the evidence center beforehand?"

"almost."

Xu De nodded, but after a slight pause, he changed the subject.

"But the one attacked was not the plaintiff."

"It's the Haicheng Basic People's Court."

Grassroots courts?

The first instance of this case was handled by the Intermediate People's Court, and the second instance by the current Higher People's Court. What does it have to do with the lower-level court? Moreover, cases always ascend through the ranks; they've never heard of a case being downgraded midway through the proceedings...

Xu De quickly provided an explanation and took action.

"Secretary Lin, please draft an application for a 'civil lawsuit' now."

"The gist of the case is that Li Jie is suing Wei Tian, ​​the owner of Huimin Ankang Insurance Company, for damaging his prosthetic leg."

"Wei Tian is already dead, so let's change the defendant's identity to that of his family member, namely 'Wei Yuan'."

"We'll sue them for civil damages and get back the money for the 'prosthetic limb'!"

Should I file a civil lawsuit for damages in the basic-level court?

this......

Qian Hao stroked his chin, pondering, when suddenly his eyes lit up.

"right!"

"If the lower court accepts the case, it means that the lower court has determined that the murder weapon is a 'prosthetic limb'."

"Although it's just a civil case, this ruling has 'legal effect'!"

"When the shooting case goes to trial again, even if the evidence center makes a mistake and produces evidence that it's not a gun... we won't be powerless to fight back. We can use the indictment to our advantage!"

The evidence center says it's a gun.

Then let the evidence center and the lower court handle it. At least the lower court should recognize that it is a prosthesis!

While the local courts will conduct an appraisal of this item before considering whether to file a case, the actual circumstances will be different.

But here's the problem...

Does Du Teng have nothing better to do than pay attention to grassroots courts?

Or perhaps the High Court was unaware that the lower court was conducting this assessment!

What? You're saying the murder weapon is in the High Court, and that Du Teng knows a judge in the High Court, so any application from the Basic Court will inevitably lead to Du Teng finding out?

"This...this isn't right, I think this might alert the enemy."

Wang Chao paused slightly, his brows furrowing.

"Du Teng has friends at the High Court; whenever someone applies..."

pity.

Before he could finish speaking, Qian Hao, who was standing to the side, thought for a moment, and after figuring it out, his eyes lit up. He couldn't help but interrupt him.

"etc!"

"Deceive the heavens? Carry out a secret operation?!"

"Wonderful...wonderful!"

The more Qian Hao thought, the brighter his eyes became. In the end, he couldn't help but stand up and pace back and forth.

He was muttering to himself.

"Under normal circumstances."

"Regarding the management of 'murder weapons' in cases, during the investigation and prosecution stages, they are kept by the public security bureau, that is, the police."

"But once the case is transferred to the prosecutor's office, the murder weapon will also be transferred to the prosecutor's office for processing along with the case."

"And in this case..."

"No matter what the application is, if it is related to the murder weapon, it will inevitably involve applying to the prosecutor's office or the court."

"If one of the prosecutors has a friend in the prosecutor's office, the matter will naturally be known once the application is submitted."

There are clear regulations governing the management of murder weapons.

In general, the case will be handled along with the case file.

It means that the case is in the hands of the police, and so is the murder weapon.

The case is in the prosecutor's hands, and the murder weapon is also there; to submit an application for identification of the relevant murder weapon, the report must naturally be submitted to the unit in charge of the murder weapon.

Applying this to the present case.

The case has reached the trial stage, which is the second instance trial at the Haicheng Higher People's Court.

If the "murder weapon" that killed Wei Tian is filed in court.

So.

Xu De's tactic of using the lower-level court to determine the nature of the crime... is basically unworkable.

If a lower court wants to conduct an appraisal, it must first submit an application to the higher court. At that point, Du Teng will understand Xu De's purpose.

Here comes the problem.

"The weapon was a gun!"

Qian Hao felt as if two lasers were about to shoot out in front of him, and he was completely shocked.

But his mouth and mind didn't stop at all; he continued:

"Weapons are currently being treated as 'firearms,' and firearms are classified as 'high-risk, prohibited, and dangerous goods.'"

According to the regulations of the Ministry of Public Security, namely Article 288 of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs", it is stipulated that: "If the physical objects are not suitable for transfer, their list, photographs or other supporting documents shall be transferred along with the case file."

"According to Article 363 of the Criminal Procedure Law, the original text stipulates that: depending on the circumstances, the following contents shall be examined separately: 'firearms and ammunition, highly toxic substances, flammable and explosive materials, and other prohibited and dangerous items,' and whether the original photographs and inventory of the seized and detained items have been transferred with the case after the seizure and detention authorities have handled them in accordance with relevant regulations."

In layman's terms...

It's just a regular murder weapon, evidence, which needs to be transferred along with the case file.

For example, a pair of scissors or a fruit knife.

But special weapons won't work.

For example, the flammable and explosive materials I just mentioned, and... guns!

"Then."

"Furthermore, according to Article 245 of the Criminal Procedure Law, it is clearly stipulated that: for items that are not suitable for transfer, their list, photographs, or other supporting documents shall be transferred along with the case file. Contraband or items that are not suitable for long-term storage shall be handled in accordance with relevant national regulations."

Qian Hao murmured.

This regulation.

That is, murder weapons that were previously classified as special cases can be transferred in the form of a list, photos or other documents.

As for the original object, namely the murder weapon itself, it should be handled in accordance with regulations.

According to regulations, where should the murder weapon be kept?

"It's the police station!"

"Yes, the murder weapon is being treated as a firearm, so this 'prosthetic limb' is currently with the police, not the court or the prosecutor's office!"

"If a basic-level court wants to apply for an assessment of a 'prosthetic limb,' it doesn't need to apply to the intermediate court, the procuratorate, or the higher court; it only needs to apply to the police station!"

"Even if Du Teng had nothing better to do, he wouldn't still be watching the police station when the case is already in its second trial..."

"If that's the case..."

"Then the lower court could, without anyone knowing, issue a determination as to whether the murder weapon was a 'prosthetic limb'..."

Qian Hao was stunned.

He was completely dumbfounded, staring at Xu De with an incredulous look as if he were looking at a monster.

In a case before the High Court, the opposing party thought of using a lower-level court to break the deadlock?

Deceiving everyone?

Or is it a covert operation?

No, it doesn't matter anymore. At least, this assessment made by the local court... won't be interfered with by anyone!

Evidence with legal validity is generally accepted in court and can be used in the appellate court.

Even more so.

There is more than one appraisal agency.

The High Court uses the highest-level physical evidence center, while the lower courts might just find a forensic institute to use, thus avoiding the situation where others would know about it.

However, the only problem has now arisen.

"etc."

"If that's the case."

"At the next court hearing, if the plaintiff produces an expert report stating that the 'murder weapon' was a 'gun'..."

"Then, we also produced a report stating that the 'murder weapon' was a 'prosthetic limb'..."

"Both of these documents have legal force, so what should the judge do?"

In a daze.

Qian Hao's eye twitched suddenly; he seemed to be seeing a scene.

The scene shows Du Teng holding a "firearms identification certificate" and Xu De holding a "prosthetic limb identification certificate," while the judge sits on the bench, looking at the two legally valid pieces of evidence and falling into silence.

No, perhaps the prosecutor has another copy.

When that happens, who will admit that what they have is wrong? They might admit it themselves, but the evidence center that made the identification won't admit it either, and they'll probably end up fighting each other!

but.

"What does this have to do with us?"

Xu De's face showed surprise, but he said matter-of-factly:

"We're only responsible for providing evidence."

"Let the various assessment agencies argue among themselves to determine whose report is correct."

"If all else fails, set up an octagonal cage. Whichever side's inspectors win the case, their evidence will be considered correct!"

Upon hearing this...

Qian Hao fell silent, staring blankly at him.

What do you mean by setting up an octagonal cage?

What do you mean, "make the inspectors go boxing in the octagon?"

Did this person really come to Haicheng just to file a lawsuit?

Isn't this just to torment the judges and prosecutors?!

Oh, and I should also add that they were sowing discord among the forensic institutions in Haicheng...

Looking around, it seems like they're not doing a single good deed...

Is this the price of becoming Homo sapiens? Abandoning morality!

"What are you looking at?"

Xu De frowned.

"Get to work!"

"Don't you dare slack off!"