Lawyer: Start with legal retaliation against infidelity!

In the first courtroom.

The defendant's dock seemed to be muted, and the three lawyers seemed to have done something shady, feeling uneasy.

Defense lawyer Xu De, however, puffed out his chest, like a child in kindergarten who had been rewarded with a "red flower" by the teacher, walking briskly and looking very proud.

He first reassured Li Jie in the trial center, and then walked out with the other three.

Within a few seconds, the group had disappeared.

As for the prosecution's seat...

At this moment, the prosecutors remained silent.

Prosecutor Zheng Tong sat in his chair, expressionless. Although his assistant had already tidied up the documents, he showed no sign of leaving.

The assistant wanted to step forward and remind him.

But as he approached, he saw the other man's sleeve clenched tightly, the force so great that his muscles were trembling. Looking up, he caught a glimpse of Zheng Tong clenching his teeth, veins bulging on his forehead, and he instinctively stepped back.

In a daze.

"Shameless... Shameless!"

The prosecutor, Liang Bingxin, whose face was flushed red, couldn't help but let out a curse, his chest heaving violently.

"That shameless bastard! He definitely did it on purpose!"

"Firearms appraisal? He split one appraisal into two, using some ridiculous excuse about mechanical structure and continuous kinetic energy to apply for the appraisal!"

"Who litigates like this?"

Liang Bingxin is very angry now.

If you're going to argue for a reduced sentence, then argue for a reduced sentence; if you're going to argue for innocence, then argue for innocence.

What do you mean by saying you'd argue for a reduced sentence, but then in court you just changed the evidence and claimed innocence from a different angle?!

but.

"Don't be angry, don't be angry. Maybe...maybe they only realized this before the trial."

At this moment, Prosecutor Ma took a deep breath to suppress his emotions and slowly said:

"We changed our tactics at the last minute and didn't have time to present evidence to the court."

This has happened before.

Some people have evidence in their hands, and perhaps only realize a second before the trial that this evidence can be presented from another angle, and then the trial catches everyone off guard.

What if Xu De is like that?

Do you believe it?

"He did it on purpose. I guarantee it. This lawyer was planning to deceive the prosecution and the court since mid-August. It definitely didn't just suddenly change his mind before the trial!"

Liang Bingxin immediately denied it without hesitation.

In fact, his words triggered a flood of memories, causing his face to turn bright red, as if he had been roasted with anger.

"You beast...you beast!"

"I asked him how he planned to defend himself when we were in court."

"This guy started with a long list of how difficult it was to be a defendant, how pitiful the child was, and how tough the case was."

"I initially thought this was a genuine expression of emotion, but now it seems..."

"This is clearly a melodramatic soap opera!"

"How could I have believed him?!"

Thinking of this.

Liang Bingxin grew increasingly furious.

A few days ago, when I was chatting on the phone with Huang Shi, the prosecutor of Lusen City, I made a point of defending Xu De and praising him for having principles and values.

As a result, the other party stopped pretending after the court hearing...

So there's a reason why the other party has a bad reputation within the system!

"I'm afraid places like Lvsen City and Yanzhou City have also suffered losses."

Prosecutor Liang Bingxin thought about it again and immediately relaxed.

Fortunately, he wasn't the only one who suffered a loss, and he wasn't the only one who was deceived.

Beside him.

Zheng Tong took a deep breath, suppressed his emotions, stood up, picked up his briefcase, and walked out.

"Let's go, the court is closed, it's time to clear the courtroom."

Upon hearing this, Liang Bingxin and the other man snapped out of their daze and subconsciously glanced at their watches.

By this time, it was already 5:30 p.m., and the case had been going on for nearly four hours!

The entire courtroom was extremely deserted, with very few people around.

The plaintiff and defendant left, and the judge adjourned.

The hundreds of people in the audience quickly dispersed. Judging from the excited expressions on their faces, they were probably going back to write their reports. It won't be long before the trial proceedings appear in the news or newspapers.

"They're here."

Liang Bingxin lifted his foot and followed, his leather shoes making a "clattering" sound on the ground.

After getting closer to the other person, he slowed down, then frowned slightly and began to talk about business.

"How do I do it?"

"What's the next step in the case?"

The group walked down the corridor, talking as they went.

Prosecutor Ma said, "What else can we do? There are only two paths: uphold the first-instance verdict, or overturn the indictment. The appellate judge can reject the first-instance judgment and declare the defendant not guilty."

talking.

Prosecutor Ma thought about it carefully for a moment, then sighed and said:

There really are only these two paths.

"The defendant's young lawyer... was ruthless and left no room for compromise."

"The argument that 'the murder weapon wasn't a gun' is not a valid defense for a reduced sentence; the only outcome is acquittal!"

Upon hearing this...

Liang Bingxin slowed his pace, his brows furrowed, and a complex expression appeared in his eyes.

That seems to be the case at present.

If Xu De's arguments are proven correct, the entire indictment will be overturned, and there will be no evidence of murder with a gun. At this point, even if Li Jie does not want to be acquitted and instead voluntarily accepts a reduced sentence, it will not work.

Because there is no crime! If there is no crime, there is no punishment. If you are not punished, how can you reduce the punishment?

Furthermore, what if the argument fails to be defended?

If it fails, it means the murder weapon is still a gun, the indictment is correct, and if the indictment is correct, then what should the other party reduce?

In summary...

"Are you really going to amend the indictment?" Liang Bingxin asked hesitantly, then suddenly added before the two could speak, "But... we don't have the right to amend it!"

It is certainly possible to amend the judgment before the first instance verdict.

However, the first instance judgment was made, and the second instance trial was based on the first instance judgment, and the judgment was based on the result given in the indictment.

in this way.

As the most basic level of indictment, it is naturally impossible to modify it.

"Even if we wanted to change the charge from 'intentional homicide' and 'illegal possession of a firearm' to 'accidental death,' and have the defendant bear partial responsibility, it wouldn't work."

Liang Bingxin shook his head and said.

He paused, then finally fixed his gaze on Zheng Tong in front of him. After a moment's hesitation, he began to speak:

"Or... do we have no choice but to wait for the other side to overturn the indictment?"

The moment those words were spoken.

"clatter."

Zheng Tong's footsteps faded away, and the three of them stood still in silence.

just now.

The case has reached a dead end.

The court, the prosecution, and the defense are all in a dilemma!

The court has found a way out, and public opinion is pushing them towards it. However, the option of acquittal carries significant social risks that are difficult to bear. Thus, they are caught in a dilemma.

The defense argued that Xu De's case only warranted an acquittal, not a sentence reduction, so they had to push the prosecution and the court towards an acquittal.

The prosecutor's case is even simpler.

If the lawsuit is overturned, they will be held accountable!

First, the vast majority of people are unaware that it is difficult to dismiss a public prosecution.

The reason is that every public prosecution case is only prosecuted after the procuratorate has carefully considered the case and determined that the defendant is guilty. If the defendant is innocent, the case will not be prosecuted.

A lawsuit represents their "recognition" of the case; a loss means "denial," while a victory means "approval."

At this time.

The higher authorities can easily assess the capabilities of the lower courts by simply observing the number of approvals and disapprovals they issue.

The performance evaluation of prosecutors is like this.

If a prosecution is rejected, the defendant will face consequences; if the prosecution is successful, the defendant will be promoted.

Correspondingly.

If Zheng Tongliang's case is directly rejected, it will be considered that there was a "major flaw in the prosecution process".

If the situation is serious, the prosecutorial oversight department may intervene to investigate whether it was negligence or intentional.

only......

"No, Prosecutor Zheng, Prosecutor Ma, that's not how it's said."

"We can also send it back for retrial."

In a daze.

A voice suddenly rang in my ears.

In the corridor, the three prosecutors who had stopped in their tracks frowned, their gazes sharpening instantly as they turned to look at the source of the sound.

"who!?"

"Don't be nervous, don't be nervous, we're all on the same side."

At the entrance to the restroom, lawyer Du Teng, having just washed his hands, was wiping the water off them with a tissue as he walked toward the three with a smile.

"Of the two situations mentioned by Prosecutor Ma... I think one situation that was overlooked is 'remanding the case for retrial'."

"If the second instance court finds that the facts were unclear and the chain of evidence was insufficient in the first instance judgment, it will send the case back to the first instance court for retrial."

"At this point, the prosecution can naturally retrieve evidence again and improve the indictment."

The words were spoken.

"Sizzle!"

Du Teng tossed the tissue into the trash can, a gentle smile on his face, and looked at the three of them with a chuckle.

"I just came to use the restroom, and we bumped into each other here. Is that against the rules?"

Who knows if you bumped into them by chance?

Liang Bingxin snorted coldly, showing no kindness whatsoever to this "litigation scoundrel".

only......

What the other party said was not without reason.

According to relevant provisions of Dongguo's laws.

If the second instance court finds that the trial process was unclear, the chain of evidence was insufficient, or the charge was misapplied during the first instance trial, the case can be remanded to the first instance court for a second trial.

In theory, every case has one such opportunity.

only......

"Judge Du... Oh, it should be Attorney Du. Attorney Du, you've probably been a lawyer for so many years that you've forgotten about court matters."

At this moment, Prosecutor Ma slowly began to speak:

The main basis for "remanding the case to the first instance" is "unclear facts and insufficient chain of evidence".

"In this case, if the defendant can produce forensic evidence proving that the murder weapon was not a firearm...then the case will be crystal clear, and there will be no shortage of evidence."

"If there was no crime in objective facts, then..."

"The second instance court should have directly overturned the conviction and acquitted the defendant, instead of remanding the case for retrial!"

"Even if it is sent back, it would be a pointless effort."

Upon hearing this, Liang Bingxin nodded inwardly.

Yes.

The intention of remanding the case for retrial is that the first instance trial was unclear, not that the first instance trial was wrong.

Because if the error is clearly recognized, the second instance court can directly overturn the judgment in court, without any need to remand it!

but......

"Prosecutor Ma, you are mistaken."

Du Teng quickly shook his head and said with a smile:

"How is this unnecessary?"

"After all... a remand for trial doesn't necessarily mean the indictment is overturned!"

"Furthermore, if the case returns to the first instance trial, the prosecution can naturally amend the indictment. At that time, if the first instance trial finds the indictment to be true..."

Returning to the first instance trial, the indictment was amended, and once the court made its ruling, the prosecutor naturally did not need to bear any responsibility.

As for whether "remanding the case to the first instance" counts as "negation"? Yes, it does, but it's a negation of the judge, not the prosecutor!

in this way.

The three of them would then be exempt from responsibility.

But here's the problem.

"Now that the objective facts have been established, the indictment, based on those facts, makes no grounds for prosecution!"

Prosecutor Ma shook his head again, completely disbelieving the other party's nonsense.

The indictment states the facts of the case, and any amendments are simply to correct errors.

The error in this case is, of course, that the innocent Li Jie was found guilty. But what can you write in a complaint describing a crime when you are innocent?

I can't write anything!

but......

"Prosecutor Ma, Prosecutor Zheng, who said that what the defendant said is the truth?"

Lawyer Du Teng, however, had a smile on his face, showing no sign of being offended by the other party.

He opened his briefcase and took out a document.

"You two seem to have forgotten the personal stance of our client, haven't you?"

Personal...attitude?

The words were spoken.

The three prosecutors paused slightly, looked down, and then frowned.

This document...appeared in a previous court hearing!

What file?

"That is: the defendant Li Jie robbed the victim Wei Tian on Jinlan Pedestrian Street, resulting in Wei Tian's death."

Du Teng spoke slowly.

"Our client believes this is the truth of the case!"

These words were spoken.

The three prosecutors stared intently at the previously rejected, "unremarkable" document, their expressions grave.

This is...another angle of the indictment regarding the case!?

Yes.

Replace the core of the case, "shooting," with "robbery and murder."

So.

If the indictment is amended, the defendant Li Jie will almost certainly be sentenced!

Why?

Since the core factor is no longer the shooting, Xu De's "argument" is completely unrelated to the indictment, cannot negate the basic logic of the conviction, and naturally has no impact on the trial.

And the word "robbery"...

The court did not find the "insurance company" guilty, nor did it find Wei Tian liable. However, Li Jie demanded money from him on the street, and a fight ensued between the two, which could be considered robbery!

If that's the case... if that's the case...

"Prosecutor Zheng."

"As you can see, the second instance court rejected the first instance ruling, and the prosecution amended the indictment, which now states the objective facts."

"Then a lawsuit was filed against the defendant, and the case was retried in the first instance. Don't you think that's much more reasonable?"

Du Teng chuckled and calmly took back the document, without saying anything about the specific changes to the complaint, showing great caution.

but......

The three people in front of him understood his meaning perfectly!

"Du Teng, have you forgotten your original aspirations?!"

In a daze.

Prosecutor Liang Bingxin's anger flared; his eyes narrowed, and he took two steps forward, shouting angrily:

"The purpose of public prosecution is to ensure a fair trial, not to punish the defendant!"

"The indictment was not written to convict the defendant!!!"

The indictment merely provides an objective description of the events that occurred.

And Du Teng's words...

It's obvious they want to steer the indictment in the direction of "convicting the defendant"!

"Don't get excited, Prosecutor Liang, don't get excited. I was just expressing my feelings after hearing what Prosecutor Ma said."

Lawyer Du Teng waved his hands, chuckled, and showed no sign of being intimidated.

"After all, a case isn't necessarily dismissed; there's... a third way."

Du Teng raised his hand, glanced at his watch, and turned to leave.

"The encounter in the restroom was purely coincidental, so I won't go into details. Thank you for your hard work, prosecutors. I'll be leaving now."

The words were spoken.

Du Teng turned and walked away, leaving only his back view.

From behind, his suit was very neat and made of expensive material, making it easy to tell that it was different from ordinary rented suits.

"That beast! He even swore an oath back then!"

Liang Bingxin took a deep breath and spoke with some frustration. He felt so angry that he had made himself sick today.

If Xu De made him feel frustrated, then Du Teng...

He was truly enraged!

only......

"Director Zheng?"

Liang Bingxin paused, then suddenly composed himself, frowned, and looked at Zheng Tong beside him.

All that could be seen in front of Zheng Tong was his silent back; his face was obscured, and his emotions were completely undetectable.

Liang Bingxin gradually frowned.

The dismissal of the lawsuit... definitely had a significant impact on them.

While Du Teng's words sounded infuriating, they were actually flawless.

The other party is indeed a bit of a litigator, and their methods are chilling, but their legal reasoning skills are far beyond those of ordinary people, especially regarding their so-called "third way"...

It's entirely feasible, and they can proceed smoothly without worrying about the lawsuit being dismissed or them losing the case!

Even more so.

The court was happy to see this.

After the indictment is amended, the defendant, Li Jie, will be found "guilty".

Li Jie was guilty but not deserving of death; he will not die, which can be considered a leniency within the law. Moreover, because the sentencing serves as a deterrent, it naturally eliminates the hospital's fear that the case might encourage other victims of the "bank case" to imitate such behavior.

Overall, this aligns well with the interests of the court, the plaintiff, and the prosecutor.

Defense lawyer Xu De will undoubtedly become famous because of the second trial, and will no longer need to continue the defense!

Only the defendant's interests were misappropriated, but then again...

Li Jie... is just a cripple.

In other words, the other party is just an ant, even if it's just encroaching on their interests...

So what?

"Director Zheng?"

Liang Bingxin frowned, feeling somewhat worried.

"Um?"

Prosecutor Zheng Tong snapped out of his daze, turned around, and glanced at the two of them with his expressionless, square face.

The three men looked at each other, their eyes revealing scrutiny and wariness.

After a while.

Zheng Tong turned around and walked outside.

"Return to the procuratorate."

"Have someone contact the police first thing tomorrow morning."

"Regarding the 'murder weapon,' let the evidence center provide a clear identification."

"As for the rest...we'll talk about it later."

After saying that, he left first.

Liang Bingxin watched his retreating figure, reached out his hand, hesitated as if to speak, and after a moment, sighed deeply, and walked forward with heavy thoughts in his heart.

.......

Haicheng Higher People's Court.

Inside the parking lot.

"Snapped!"

The car door closed, and Du Teng sat in the van, feeling the soft, independent seats, and couldn't help but relax.

A hand holding a bottle of mineral water was handed over.

Du Teng shook his head slightly, and the other party wisely withdrew, but then another voice followed.

"Attorney Du, how is it?"

All I saw was...

In the front passenger seat, lawyer Wang Yan was looking back at him. He had a furrowed brow and a hint of doubt in his eyes.

Du Teng said calmly, "I've said everything that needed to be said."

to be frank.

Dutton rarely takes risks, let alone just to deal with a small lawyer.

Even if the risks taken previously were negligible, or even so insignificant as to be nonexistent!

But right now, we have to be cautious.

There's no other reason than that the other party's lawyer... was indeed a bit cunning and treacherous.

I initially thought that Yan Mi's statement, calling the other party a fox, was an exaggeration, but now it seems... it was clearly a conservative assessment.

It wouldn't be an exaggeration to call it a venomous snake!

Wang Yan exhaled a breath of stale air, thought for a moment, and then said:

Is it likely?

Du Teng shook his head slightly, but didn't say anything explicitly. He simply said:

"Who would stop a win-win outcome?"

"The second instance court remanded the case to the first instance court, and the High Court no longer felt embarrassed; the defense lawyer became famous overnight; the first instance court amended the indictment, and the prosecutor did not dismiss it; the new judgment sentenced the defendant to robbery and accidental death, not the death penalty, which also calmed public opinion."

From a win-win perspective, if you were in that situation, would you choose that option?

Upon hearing the question, Wang Yan paused, then nodded.

If she were a prosecutor.

Then she will definitely choose this path!

As for the defendant, Li Jie? He's just a cripple.

This wasn't Wang Yan intentionally looking down on anyone; it was simply the literal meaning.

He's just a cripple.

What can he do? Rebel? Or express his anger? Would it be useful?

If it's useful.

So.

Fish that writhe and thrash on the chopping board, expressing their anger before the cleaver strikes, will not die.

What do people who kill fish think when they see a fish wriggling? Do they care if the fish doesn't want to die?

will not.

It's just a piece of meat.

"What if? What if the second trial continues?" Wang Yan pondered for a long time, and finally frowned and asked again.

It's better to be safe than sorry.

What if Zheng Tong and his gang can't wrap their heads around it?

"It's alright. If the second trial continues, then... the crucial point is the physical evidence center."

Du Teng smiled slightly, then suddenly changed the subject and said:

"And in this case, the murder weapon... the gun barrel was empty."

The two sentences seem unrelated, but they are actually closely connected.

The gun body is empty, which means it has not been filled in, and it also means that it can be used as a firearm after simple repairs!

If it can be used to make firearms, then...

At the evidence center, anyone can easily make slight alterations to the receipt report according to their own wishes, as long as they give the word.

There's no need for the inspector to directly say "It meets the definition of a firearm under the Gun Barrel Law." It's enough to say ambiguously, "After repair, it can function as a firearm."

At that time.

In the second instance, they can naturally dismiss the defendant's case!

In short.

"Let's go and calm Mr. Wei down first."

Du Teng took a deep breath, completely unconcerned about the case, even though Xu De had already gained a significant advantage during the previous court hearing.

He still didn't care.

He has handled countless similar cases, whether criminal or financial. In short, these kinds of major cases are not something that can be solved with mere cleverness.

As for the testing time...

"Let's do it tomorrow. Apply tomorrow and have the public security, procuratorate, and court officials take the murder weapon to the evidence center for testing."

"Um."

The words were spoken.

Du Teng sat in the car, closing his eyes to rest, his emotions calm.

What will the defendant do?

Skillful.

He can do it too, and his "law"... is called "human nature"!

Not long after.

The understated black van slowly turned its four wheels and drove out of the courthouse.

until.

.......

.......

The next day.

9 month 10 day.

Haicheng, Municipal Public Security Bureau.

10:30 a.m.

"The murder weapon, this is the murder weapon from that case, a... um, a gun? Hey, these folk craftsmen are different from the officials; the things they make by hand are all sorts of strange and wonderful. Is this thing a gun?"

"Who knows? Anyway, someone filed a lawsuit claiming it's a prosthetic leg."

"A prosthetic limb? Wasn't that something people killed?"

"I don't know, but the prosecutor said that the person who was beaten to death seemed to have broken his prosthetic leg before he died."

Inside the evidence management room.

Several court staff members looked at the police officers in blue uniforms and chatted casually with them.

Upon hearing this, the police officer could no longer contain his curiosity and immediately asked:

"Is this a prosthetic limb? Did you break it?!"

The policeman chuckled. "Then what are you prosecuting? You're prosecuting the defendant, aren't you? His prosthetic leg killed someone; what's the point of prosecuting him?"

The court bailiff waved his hand, somewhat helplessly, and said:

"According to the surveillance footage, this thing was deliberately smashed by the deceased [Wei Tian], so..."

"The plaintiffs are asking the deceased's family to compensate them with a prosthetic limb out of humanitarian considerations."

How about I compensate you with... a prosthetic limb?

Your "prosthetic leg" killed someone, and you expect them to pay you compensation?!

Upon hearing this...

The policeman's eyes twitched, and he immediately smiled.

"Alright, you'd better hurry up and get this thing identified first. Then we can file a case if necessary and reject it if necessary."

The bailiff from the local court nodded.

"Okay, done."

Both parties made the arrangements.

Then, the physical evidence was moved toward the "forensic center" at an extremely fast speed.

After the bailiffs from the local court left.

The police officers from the municipal bureau smiled speechlessly as they walked out.

only......

No sooner had the first person left than another one arrived.

......

About half an hour later.

As soon as a notice was issued, the police officer in charge of the evidence management office was called back, simply because someone else came looking for evidence.

However, after the two sides exchanged views...

"Huh? A murder weapon? That...that thing that looks like a prosthetic limb?"

The police officer looked at the staff member who had just arrived and was wearing the prosecutor's uniform, and was slightly taken aback.

"Yes, that's it. The hospital asked us to apply for a test."

The person from the intermediate procuratorate spoke up.

The police officer replied directly, "Didn't the court take this thing away? It was taken for testing."

Upon hearing this...

Prosecutor Zheng Tong was slightly taken aback.

"From the courtyard?"

His brow furrowed slightly, then relaxed, and he smacked his lips, clicking his tongue as he said:

"From the High Court?"

"Tsk, the High Court is pretty fast."