Lawyer: Start with legal retaliation against infidelity!

Let's see who's more cunning after the trial starts...

Yes, given the current state of the case, it is unlikely that a complete victory can be achieved through normal means.

As for...

What should I do if the other party finds out about a civil case before the trial?

After all, Xu De's evidence was specifically designed to catch the opposing side off guard. What if the opposing side found out and changed their mind before the trial, abandoning their idea of ​​identifying the murder weapon as a "gun" in the second instance and instead attacking from other angles?

It's easy!

Haicheng.

At the grassroots people's court, before the case is filed.

Xu Dexin contentedly put away the documents in his hand, stuffed them directly into his briefcase for safekeeping, and then...

He wasn't in a hurry to leave.

Instead, he turned around and went back to the counter of the case filing division. Looking at the staff inside, he said:

"Hello, this is the case filing division, right?"

"I'm here to process the withdrawal of the civil lawsuit."

Civil...withdrawal of lawsuit?

Upon hearing this, the woman behind the counter paused slightly, then looked up at Xu De with a puzzled expression and asked:

"Withdrawal of charges? Which case? Are you a party involved or something?"

The case has been withdrawn?

To be honest, civil and criminal cases are different. Civil cases often involve trivial matters, such as property disputes.

Or rather

However, if one party is more magnanimous, or has "come to their senses" and suddenly decides not to pursue the other party further, then they can naturally withdraw the lawsuit.

Even the courts are happy to see such settlements.

only......

"What you were holding just now was..."

Inside the counter, the female staff member looked hesitant.

She had just witnessed Xu De holding a document in his hand, looking at it and excitedly saying things like, "Great! We'll win this case!"

But... what does it mean to say you won the case and then withdraw it later?

"What I have in my hands? It doesn't matter what I have in my hands."

Xu De's expression turned serious. He looked at the other person, placed his hands on the counter, and reiterated his stance.

"Could you please check the case for me? I filed the lawsuit on the afternoon of September 9, 2003."

"The defendant in this case is Wei Yuan, and the client is Li Jie. I am the plaintiff and Li Jie's lawyer."

The staff member then said, "Please show me the relevant documents."

The words were spoken.

Xu De handed over all the documents and materials he had prepared to the other party, and then waited calmly to the side.

"This is our 'Withdrawal of Lawsuit' application."

Without exception, all of these materials were intended for withdrawal of the lawsuit.

That's right, "withdrawing the lawsuit" is Xu De's tactic!

If this civil case continues, the defendant will naturally receive a summons after the court issues one later.

The time it takes to issue a summons is generally around five days, but at least three days if things go smoothly.

Since a summons has been issued, it means that the summons must have been issued.

Why not just stop Xu De from posting it?

How can I stop sending messages?

It's definitely a withdrawal of the lawsuit!

It's all been explained very clearly. A summons is issued to the other party because there's a case related to them, letting them know they're in trouble. In other words, a summons can only be issued when a case has been filed.

If you withdraw the lawsuit, the lawsuit no longer exists, the matter is over, and the court certainly won't issue a summons!

You did not issue a summons.

How could the defendant possibly know that such a lawsuit had ever existed?

Sometimes, you don't necessarily need to use sophisticated, brain-teasing tactics to solve problems.

You can also directly address the problem itself.

Simple and straightforward, but absolutely effective!

"Excuse me, have the summons for the case been issued and left the court?"

While waiting, Xu De tentatively asked some questions.

"Could you check it out?"

The staff member snapped out of their daze, glanced at the document briefly, and then shook their head with a strange expression, saying, "Not yet."

Immediately, she couldn't help but turn to look at Xu De, her face full of confusion.

"Where is your client? Is the person you represent in court?"

Xu Dedao said: "My client is currently unable to appear in court due to special circumstances, but has fully authorized me to withdraw the lawsuit, and has also obtained prior permission."

"this......."

The female staff member looked at the materials, hesitated for a long time, but finally decided not to dwell on it anymore.

"All right."

The words were spoken.

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Under Xu De's serious and attentive gaze, after confirming that everything was correct, she began the process of withdrawing the lawsuit.

After about half a day, the procedures were completed.

Xu Delin then left the litigation service center and stood in the courthouse lobby.

Lin Yue clicked her tongue in amazement and said, "You... you filed a case and then withdrew it, and now you're using the evidence in a second-instance case at the High Court... Aren't you afraid of getting yourself into trouble?"

"They'll behave themselves when the court finds them guilty of 'abusing litigation rights and maliciously filing a procedural lawsuit'!"

Xu De didn't care at all. He took out his briefcase and happily found a printer to make multiple copies of it.

Then, without a care, he said:

"Where is the abuse? Malicious procedural prosecution? That requires filing and withdrawing the case four or five times!"

"I only withdrew the case once, which doesn't even meet the threshold. Besides, second-instance criminal cases and civil cases are not handled by the same court, so no court will get angry."

Let me put it this way.

If you keep provoking someone, again and again, the other person might take action, and you'll get into trouble.

What if you provoke each person only once and then run away?

The other party might also take action.

But what if there were a hard and fast rule: no physical violence after one instance of provocation?

That's how it is.

Then you could provoke everyone once, and then just leave. Because it violates the rules, who could cause you any trouble?

At most, I just don't like you.

The same principle applies to the courts.

The courts are not a unified entity; each one is an independent entity. Unless you provoke all the courts and get caught, you won't get into trouble if you do it once, like Xu De did.

Since it won't cause any trouble.

"Why not take advantage of it!"

Xu De laughed, and upon hearing this, Lin Yue beside him felt that what he said made sense.

After a moment's thought, she added:

"The withdrawal of the lawsuit should be fine."

"The higher court will not know about the civil lawsuit, and the physical evidence has been obtained."

"Regarding the confidentiality of the physical evidence..."

"The lower courts do not stipulate that when a weapon is involved in another criminal case, the identification of physical evidence must be reported to the court where the criminal case is located."

"So, apart from the forensic institute, no one else knows about the physical evidence. Regarding the preparations for the trial... what's still missing?"

What's missing?

Xu De remained silent, thinking it over and over, but realized that there was nothing more he needed to do at the moment.

Presenting evidence? Submitting one's own expert evidence to the High Court? In comparison, if not, it would be a surprise trial.

No.

Normally, a surprise trial can lead to two reasons: first, it can catch both sides off guard and maliciously delay the proceedings; second, evidence may appear in court without verification, which could lead to a misjudgment of the case.

But Xu De's case is different.

Caught off guard? Impossible!

Both the prosecutor and the plaintiff will conduct forensic examinations, and since his examination is of the same type and in the same field, he can submit the examination results in the form of written materials as evidence.

There is nothing obstructing the progress of the case.

The information wasn't verified? Does an expert opinion commissioned by the court need to be verified?

In short.

Completely legal and compliant!

so......

Right now, it seems there's really not much that can be done.

"Currently, it seems that only in some peripheral areas can we perform some minor adjustments."

"For example, some recent interviews with media reporters."

"Besides..."

Xu De shook his head, making no big move, as the images of Li Jie and his child Li Guo floated into his mind.

He fell into a brief silence.

Previously, when Du Teng came to negotiate, it seemed that the other party was there to negotiate a compromise, at most causing Li Jie to suffer some losses.

But in reality...

If you really back down, you'll find that it's no small step.

How many victims were there in the bank fraud case?

Xu De suddenly changed the subject, bringing up another topic.

"Huh?" Lin Yue was taken aback, but still answered subconsciously, "It's not a complete count, but there are at least three hundred people who have been prosecuted alone. And that doesn't include those who haven't been discovered yet or those who are just waiting in silence."

More than three hundred people...

There are definitely many people like Li Jie who put all their money in the bank, only to become penniless the moment their deposits are frozen.

If anyone backs down in the "shooting incident," no one will back down in the "banking incident."

If this is the case, it is highly likely that a considerable number of people will experience what Li Jie went through.

The birth mother was ill and helpless, watching as the person went from being a normal person to someone who was covered in excrement and urine, lying in bed as if in a 'cesspool'.

They are breastfeeding infants, yet they can't even afford the most basic meals, lodging, and tuition.

A 20-year-old can wait until they are 26 or even 28 to reclaim all their property.

However, if a 10-year-old Li Guo cannot wait until he is 18 to enroll in school... or rather, if he cannot get the money within three years, his life will basically lose its upward potential.

"Hundreds...and some are just watching in silence."

Looking back on his educational journey, he knew that money couldn't wait, and he absolutely couldn't break the deadline.

Xu De lit a cigarette, his eyes narrowed, he took a deep breath, exhaled it deeply, and slowly said:

"We've done what we should have done, and even tried things we shouldn't have. Whether we win or lose the second trial depends on..."

"Court is in session."

.......

at the same time.

9 month 14 day.

That afternoon, the physical evidence was taken back to the police station.

Golden Eagle Law Firm.

Inside the office.

A woman dressed as a secretary, holding several documents, looked down and spoke to Du Teng expressionlessly.

"Du Lü"

"President Wei's emotions were not out of control. He knew what was important. Although Wei Tian... cough cough, he was very angry about his biological father being killed, it did not lead to the need to pursue criminal responsibility."

"The proposal to transfer the second instance trial back to the first instance trial has been approved."

"The biggest problem right now is that we can't reach an agreement with the defendant."

The words were spoken.

At the desk.

Du Teng, who was signing some document with a custom-made pen, paused, stopped his wrist, and then immediately capped the pen.

Seeing this scene.

The legal assistant paused slightly, his brow furrowing slightly, and said:

"Should we renegotiate?"

"Attorney Wang's team has suggested a method that I think is feasible... The biggest obstacle in the case right now is the defense attorney, namely that out-of-town lawyer 'Xu De'."

"But ultimately, a lawyer is merely an agent representing the client's attitude."

"Therefore, we could try starting with the family members."

"That is, what is called... bribery."

Previously, they wanted to meet with the defendant's family members with the intention of giving them a hard time and making some threats.

Why meet with family members?

First, according to clear provisions in criminal law, only the defendant's defense lawyer is allowed to meet with the defendant in a criminal case; the victim's lawyer in a civil suit is not qualified at all!

This is very clear; even prosecutors have limitations.

Generally, once a case goes to trial, the prosecution has no right to visit the detainee in the detention room.

Only defense lawyers can!

That is, Xu De, so they cannot directly contact 'Li Jie'.

But the family members are different.

Family members are classified as "ordinary natural persons".

The defendant's lawyer was working for Li Jie, not for Li Guo and her grandmother. Therefore, the two of them are considered "ordinary natural persons" as described above, and their private meeting without Xu De's permission is entirely legal.

The key is......

Family members can whisper sweet nothings in each other's ears!

Throughout the world, the power of "pillow talk" is often more effective than direct contact with the target person in achieving your goals!

Therefore, they wanted to use "threats" to make the family members wary, thereby influencing Li Jie's attitude and ultimately making Xu De back down.

Unfortunately, after meeting, this path became less feasible.

"That coating..."

After a long silence, Du Teng spoke, his brows furrowing slightly.

The assistant quickly said, "The defendant Li Jie's mother is named Tu Hong."

Du Teng asked, "Does Tu Hong ever have a moment of clarity?"

The assistant shook his head. "Yes, but only for a very short time. We can't be there when she's conscious."

Even more so.

Even if they did indeed approach Tu Hong, it just so happened that they finished speaking during a period when Tu Hong was conscious.

According to Tu Hong's memory, he may have forgotten about this matter after his period of stagnation.

Even if she remembered, it would be difficult for her to see Li Jie and hear him speak to her in detail.

so......

"Attorney Wang suggested offering bribes."

The female assistant spoke again:

"If the opposing lawyer insists on arguing that the murder weapon was not a gun but a prosthetic limb... then after we file for trial on robbery charges, we can certainly seek reasonable compensation from Wei Tian for the damage to his prosthetic limb."

"While the amount of compensation depends on the damage to the property, the compensation for emotional distress can certainly be increased."

"In the past few days, Attorney Wang's team has reinvestigated the defendant and compiled a list of information."

"Li Jie... is short of money."

She spoke the last five words with exceptional clarity.

Inside the office, the only sound in the air was the ticking of the clock.

The assistant's meaning was quite clear.

Li Jie is short of money.

He's disabled, with only one leg, uneducated, and unable to find work. The total value of that insurance policy, 26, isn't just for 'enjoying' things.

Rather, it's about supporting the mother in her old age, treating her illness, raising young children, supporting oneself in old age, and meeting the needs of growing up.

All of that added up, what is 26? Nothing at all!

and so.

If the other party has no income to generate, their need for money is definitely very high. If, at this point, they propose that the other party plead guilty and then pay 10 or 20 yuan in compensation...

If you were in that situation, would you agree?

Keep in mind that even if you go to jail, it's only for about five years. In today's purchasing power, the compensation would amount to nearly a million!

How many people can earn a million in five years?

so.......

"The probability of Li Jie agreeing is... about 8%, although he may be very grateful to the lawyer."

"The pressure to survive is very real!"

As the assistant spoke, she adjusted her glasses.

Du Teng nodded.

This is the power of teamwork. At the same time, you can have multiple complete case measures: "multi-angle analysis of the case", "objective threat negotiation", "incentive", "remand for first instance" and other powerful strategies.

On the contrary, the other side only had four people.

There were four lawyers in total. Just to gather information and find a way to refute the 'robbery' charge, they sent two lawyers named Wang Chao and Qian Hao, leaving only Xu Delin and Yue.

The other party doesn't have the energy to deal with so much!

"Okay, let Wang Yan instruct someone to do it."

Du Teng nodded, then paused slightly, and added, "However..."

"Be mindful of the limits."

The female assistant nodded. "Okay."

With that, she turned to leave.

only......

As he was leaving, he suddenly paused, then turned around and said:

"By the way, Attorney Du, we've received a message from the police."

"The physical evidence has been returned to the police station, but the prosecution applied for an expert evaluation, and the evidence has been sent to the forensic center."

Back at the police station?

Du Teng raised an eyebrow slightly. "What about the identification information?"

If nothing unexpected happens, the previous evidence should have been taken by the court or the procuratorate for evaluation. Since they are from the public security, procuratorate and court, they will naturally present the evidence, and they have full access to it.

only.......

"Um... I couldn't find it." The assistant hesitated.

"Didn't find it?" Du Teng was stunned, his brows furrowing. "How could you not find it!?"

"have no idea."

The assistant shook his head. "If they could find out, the prosecution wouldn't have reopened the investigation."

Generally speaking, physical evidence is only examined once.

But right now... including Xu De's first forged test report, this means the physical evidence has been investigated three times!

"What's going on?"

Du Teng suddenly sensed something was wrong, became alert, and immediately thought of a figure.

"Is it Xu De?"

The assistant said, "I don't know. According to the current information, the opposing lawyer is still deliberately guiding public opinion. His purpose is to send a message to the public that the case will be remanded for trial and the verdict will be changed, so as to prevent the court from making that choice."

"Nothing else?" Du Teng frowned.

The assistant shook his head. "That's it, at least we didn't find anything."

Still guiding public opinion...

Du Teng was somewhat skeptical.

Surely the court can't be the problem? Impossible. The High Court has no reason to have a report but not provide evidence.

But then a problem arises.

Xu De never requested a second appraisal of the physical evidence!

The physical evidence was properly managed in the evidence room. It was impossible, let alone possible, to retrieve the physical evidence without following proper procedures. Therefore, there must have been official intervention.

But the conversation has come full circle.

"Why isn't there any evidence presented in the official assessment?"

Du Teng frowned, lost in thought. Even though Xu De couldn't see anything wrong with him, he still kept his attention on him.

"Keep a close eye on him, treat him with 'strict' instructions. Don't believe anything this guy does; pin any suspicions on him!"

The assistant nodded. "Okay."

She made a move to leave, but was stopped by Du Teng.

"etc."

After thinking for a moment, Du Teng said, "After the prosecution completes its examination, it may apply for another examination of the physical evidence on other grounds."

"Okay," the assistant replied again before leaving the office.

Watching the other person's departing figure.

Du Teng fell into deep thought, his brows furrowing.

"First identification... If it's Xu De... how did he bypass the procedure? No... something's not right, it can't be..."

"Was it authenticated by the High Court? What is the High Court hiding? Could it be...?"

"The High Court determined it wasn't a gun? But then wanted to remand it for trial? So they suppressed it... Impossible, how can procedural matters be suppressed?"

"The receipt report was written by the appraisal center, but the court delivered a different verdict. The truth can't be hidden when the two sides are compared."

"so......."

Du Teng sat in the chair, lost in long and complex thoughts, like a stone statue.

Who exactly conducted the test?

"Forget it, whoever it is, they'll show up when it's time to present evidence!"

he does not know.

The office was unusually quiet, and this quietness continued.

until.......

......

9 month 15 day.

The prosecution received a receipt report.

At the same time, the plaintiff applied for an expert evaluation of the murder weapon!

It was also on the same day.

The court rejected the application.

......

9 month 16 day.

Public opinion gradually surged, and although the court hearing was adjourned, the number of people paying attention did not decrease but increased, and Zheng Tong and others became increasingly silent and anxious.

The plaintiff filed another application.

The reasons given this time were quite compelling, and the court approved the application after careful consideration.

And so.

The old murder weapon was now undergoing its fourth examination!

.......

9 month 18 day.

Three messages arrived.

First, the court hearing date has been set for September 21st, three days later!

Second, the plaintiff's application for expert evaluation was successful, and the receipt report has been received.

Three...the weapon was destroyed!

Yes.

The weapon broke down. This decades-old thing, after four inspections, finally couldn't withstand the test under the inspectors' eyes. Some parts broke down. This was expected, but it still made people feel a little emotional.

Four disassembly and reassembly processes!

Most cases don't even take two tries...

However, Du Teng didn't seem to care about this.

after all......

"The physical evidence is damaged...that's fine too. Although it still exists, as long as it's damaged, a definitive report cannot be given!"

"And all I have left is this final appraisal..."

We received the news.

After a moment's thought, Du Teng looked at the test report in his hand, let out a long sigh, his eyes flickering with conflicting emotions, and finally said:

"This matter..."

"It's in my favor!"

Thinking of this.

Du Teng stopped thinking and focused on filing the case, putting the evidence in his briefcase and waiting for the court hearing.

As time went on...

In the blink of an eye.

.......

.......

9 month 22 number.

Haicheng, Higher People's Court, the day of the second hearing of the second instance... has arrived!