Lawyer: Start with legal retaliation against infidelity!

Chapter 321 Surprise Courtroom Attack! [Two Chapters Combined!]

The weapon was damaged...

The moment those words were uttered, everyone present frowned, and the administrator subconsciously revealed some unpleasant thoughts.

For example... 'destroying the evidence'!

Although it was not feasible to destroy evidence in this case, the facts of the case were clear.

However, the key point of the case is that eliminating the "murderous creature" can also achieve the purpose of "destroying the corpse"!

"How is that possible? How could a dangerous object be damaged?"

"The defendant presented evidence that the murder weapon wasn't a gun, and then the forensic examination revealed it was damaged? That's a bit too much of a coincidence..."

"Destroying physical evidence? No... that's a bit too arrogant. The plaintiff wouldn't be so foolish as to do something like that, would they? Besides, the plaintiff is just an incidental civil attorney; they have no reason to take such a risk..."

"Then tell me, what's going on here!?"

"..."

A commotion arose from the sidelines, and a hint of surprise appeared in the eyes of the crowd, who subconsciously began to suspect the sudden damage.

And in the trial area.

Inside the defendant's dock.

Xu De and the other two frowned slightly and exchanged glances.

Qian Hao said in a low voice, "Du Teng shouldn't be that arrogant... nor that stupid."

Destroying physical evidence may be effective against the other party, but here's the problem... it will also be very conspicuous!

Du Teng came here to make money and to fight a lawsuit, not to go to jail. Even if he wanted to destroy the evidence, no one inside was willing to cooperate.

but......

Xu De raised his head, glanced warily at the plaintiff, and then looked away, focusing his gaze on the prosecutor, Zheng Tong.

He said:

"Prosecutor, could you please provide the detailed management records of the murder weapon?"

Upon hearing this...

Zheng Tong had clearly anticipated this. He turned his expressionless gaze to the judge's bench and began to speak:

"The records have been internally verified and notarized, and will be compiled into a file and submitted to the court."

The words were spoken.

He nodded to Judge Zhao Zhong.

Zheng Tong then took out several documents from his briefcase, handed them to the clerk, who checked them before passing them to the defendant.

As Xu De took the document and unfolded it to read, Zheng Tong's voice echoed in his ears again.

"During this period, physical evidence was recorded in the form of 'text,' 'audio,' and 'video'."

"On September 13, when the prosecution applied for an expert evaluation, the evidence center had already warned that a thorough evaluation carried the risk of destruction. However, because the issues in the case had not yet been resolved, they took the risk and proceeded with the evaluation."

"..."

The probability of weapon damage generally depends on what the weapon itself is.

For ordinary kitchen knives and fruit knives, the most they might get is rust; the probability of them being damaged is almost non-existent and does not affect the identification process.

Complex electronic devices, for example, have a certain probability of being damaged.

In the current case, this kind of hand-rubbed material... especially since it was made in the 1980s and has been through nearly 20 years of ups and downs, the risks of conducting an appraisal are much greater.

so......

"Ultimately, the physical evidence was found to have multiple instances of the internal spring clips detaching due to metal fatigue, and the kinetic energy generated when the springs detached caused the parts to break apart."

"At this point, the core of the murder weapon is damaged. Although partial identification can be carried out, a complete identification cannot be performed again."

The prosecution.

Prosecutor Zheng Tong slowly began to explain the ins and outs of the matter.

As he spoke, Xu De watched the recording.

Although there are no videos in the document, there are photos and other materials, which, along with the accompanying text, make it easy to read.

A few minutes later, Xu De got the answer.

This is real.

The physical evidence...was indeed damaged naturally, with no intentional human intervention, and the application and reporting process complied with regulations!

"Defendant, do you have any further objections?"

On the judge's bench, Judge Zhao Zhong glanced at Xu De and began to ask questions.

The words were spoken.

All eyes in the gallery were once again focused on Xu De, awaiting his response.

Xu De paused slightly, then slowly shook his head.

"We have no objection."

After he finished speaking...

The plaintiff's lawyer, Du Teng, and others showed slight smiles on their faces, subtle yet palpable.

Qian Hao frowned and glanced subtly at the judge's bench.

"With the physical evidence damaged, the defendant's argument becomes difficult to defend, which is somewhat advantageous for the plaintiff."

Immediately, he put aside his thoughts, stopped thinking about it, and frowned as he looked at the prosecutor.

at this time.

On the judge's bench.

Presiding Judge Zhao Zhongdao: "Please continue, prosecution."

The prosecutor's stand.

Prosecutor Zheng Tong nodded, then paused slightly, and continued:

"Your Honor, based on the testing, the receipt report clearly states regarding the physical evidence: 'The possibility that it was modified to have launch capability cannot be completely ruled out.'"

"In other words, the murder weapon in this case was not completely modified when the defendant Li Jie initially made the modifications."

Zheng Tong moved closer to the microphone, looked down at the handwriting on the documents, and said:

According to Article 27 of the Gun Control Law promulgated in 1996, "Gunfirearms that do not meet national technical standards and cannot be used safely shall be scrapped. Scrapped gunfirearms shall be destroyed in a timely manner."

Speaking of which...

He paused, looked around, and offered a reminder, saying:

"Note that the word 'destroy' in this clause, according to its meaning and legislative purpose, should be understood as 'completely destroying the structure of the firearm, rendering it unusable as a firearm!'"

"According to the 'Safety Technical Specifications for Firearms Destruction,' there are clear requirements regarding the degree of destruction."

"This typically includes: major components must be cut or melted, the firing structure must be completely destroyed, no complete gun parts must be left after destruction, and the destruction process must be registered and supervised."

The East has very strict gun control regulations.

Before the gun ban was issued, destroying a gun wasn't as simple as just pulling the trigger.

Instead, it's cutting! Melting!

Cutting refers to directly slicing the gun in half, rendering it unusable.

The melting process is even easier to explain: the gun is melted into molten iron, making it impossible to fire, and that's how it's destroyed!

Therefore, the current situation of the case is...

"Your Honor, ordinary units or individuals have privately and incompletely destroyed obsolete firearms."

"According to the provisions of the Gun Control Law..."

At this point, prosecutor Zheng Tong spoke again from the prosecutor's stand.

However, this time Zheng Tong suddenly stopped speaking. He looked at the materials, as if making a decision in his heart. After a long while, he took a deep breath and said in a deep voice:

"This clearly violates Article 128 of the Criminal Law, the crime of illegal possession of firearms!"

"Applicable Circumstances: If a scrapped firearm is not completely destroyed and is still usable, and the person continues to possess it, it constitutes illegal possession of firearms!"

These words were spoken.

The entire First Courtroom erupted in uproar; everyone's pupils constricted, and their faces showed astonishment.

Right in the center of the trial area.

Sitting in the chair, Li Jie, the judge who was being judged, looked like an ant, his fists clenched unconsciously, and his breathing was heavy.

Li Guo, a child in the audience, didn't understand, but he could sense the emotions. He stared at his father's back for a long time before finally burying himself in Wang Chao's arms.

gun?

Or a gun?

After two months of back and forth, is the physical evidence still going to be treated like a gun? Does Li Jie really have to die?!

In the defendant's dock.

"Objection! Your Honor, we have a clear objection!"

Almost the instant Zheng Tong finished speaking.

Lawyer Qian Hao did not hesitate; he immediately stood up and protested loudly.

"The prosecution's statement is clearly incorrect!"

The report from the evidence center stated that "the possibility of it possessing launch capability after modification cannot be completely ruled out!"

Note that it states "cannot be ruled out"!

In layman's terms, it means that this gun might be modified to not be capable of firing!

It cannot be completely ruled out, which means there is a possibility that the firearms do not possess the necessary features.

If it is impossible to fire, then according to the law... it should not be prosecuted as illegal possession of a firearm, and the defendant will not be convicted.

But the words came back again.

"Defendant, the physical evidence in this case has not been completely destroyed. I believe you should be aware of the definition of firearms destruction in the Gun Control Law."

Prosecutor Zheng Tong took a deep breath. He didn't look at the audience, but stared at the defendant's dock with an unusually serious expression.

He sat in his seat, leaning slightly forward, and said in a deep voice:

"Did the defendant, Li, destroy the 'firearms' in accordance with the relevant laws?"

Qian Hao replied directly:

"The firearm is currently not in a condition to fire!"

"Furthermore, even if the claim that 'the repaired vehicle may retain its launch capability' were true, the defendant, Li, did not perform the repairs!"

"The murder weapon that led to Wei Tian's death had not been modified in the days leading up to the incident!"

Your nail gun could be modified to become a gun.

So, if you accidentally kill someone with a nail gun, will you be charged with "murder by shooting" and "illegal possession of a firearm"?

No!

But here is the problem.

The prosecutors are not fools; they are prosecutors, and prosecutors from Haicheng at that. Their professional abilities are beyond the comprehension of ordinary people!

"Defendant, what you are referring to is Article 125 of the Criminal Code, 'the crime of illegally manufacturing firearms'."

On the prosecution side, Prosecutor Zheng Tong frowned and offered a reminder.

"Not Article 128 of the Criminal Law, 'illegally possessing firearms'!"

"Besides, your argument clearly confuses the logical narrative surrounding the physical evidence."

Zheng Tong then brought out another document, which clearly showed the appearance of the murder weapon and the "testimonies" obtained from interviews.

"The murder weapon in this case was not an ordinary object."

"It was originally modified from a gun!"

"Note that the gun was modified, and the modification only completes half of the destruction process."

Li Jie wanted to modify a gun into a prosthetic limb.

Therefore, he must first erase the concept of "gun" before he can define it as a prosthetic limb.

Here comes the problem.

While he was erasing the concept, the act of destroying the guns was only half completed!

The Gun Barrel Act clearly stipulates that only when something is "cut, melted, and completely beyond repair" is it not considered a gun, and the legal characterization of the physical evidence will be erased.

So... in this situation, what if only half of it is done?

We can't count it as half a gun.

impossible.

Therefore, regarding the management of manufactured guns, there are only two concepts and two options: [guns/destruction]!

If a progress bar were added to the destruction process, then... even if you've destroyed 99% of the weapon and it no longer functions as a gun, it can still be repaired as long as the 'destroy' option hasn't been reached.

So...

"This counts as a gun!"

"In conclusion, in this case, the defendant Li Jie has clearly violated Article 128 of the Criminal Law, the crime of 'illegally possessing firearms'!"

Prosecutor Zheng Tong spoke seriously and earnestly, and what he said was very reasonable.

If it is not completely destroyed, it is considered a gun.

Since it involves firearms, it constitutes the crime of illegal possession of firearms.

Possession and manufacture are two separate offenses. Although they appear similar in wording, they are actually quite different.

As long as you don't do anything reckless or kill someone with a gun, the former will basically be within seven years.

The latter's upper limit is the death penalty!

But the words came back again.

Just as Qian Hao was about to say something more.

In a daze.

In the defendant's dock, Xu De suddenly realized something and spoke first:

"Your Honor, we have two points to make regarding this case."

"First, at the time of the incident, specifically during the process that led to Wei Tian's death, was Wei Tian 'shot to death'?"

"Secondly, regarding this case... is there really a 'possibility of modification' for the murder weapon?"

"Because what the prosecution just said made me notice a problem, namely, 'the possibility of alteration cannot be ruled out.' Since it cannot be ruled out, then, correspondingly, as our lawyer Qian said earlier, the physical evidence also has 'irretrievability.'"

"Since it has the property of being unchangeable, can it be understood as...?"

talking.

Xu De paused slightly, then suddenly used the other party's logic to deliver a powerful counterattack!

"Did the defendant, Li, actually completely destroy all firearms after the Gun Control Law was promulgated in 1996?"

Is this possibility true?

After he finished speaking...

It was visibly that the judges on the bench hesitated, clearly beginning to think.

At the prosecutor's table, the three judges paused briefly.

However, Xu De observed the other party instead of focusing on the plaintiff's seat, squinting as he watched their movements, ready to pull out his own items for a surprise attack at any moment.

"this......"

On the judge's bench, Judge Zhao Zhong hesitated slightly.

Then, coming to his senses, he said again:

"Defendant, do you have any further evidence or arguments to present?"

"Of course!"

Xu De nodded.

As the saying goes, "One should strike while the iron is hot, but the momentum will wane after a second attempt and be exhausted after a third." Now that you have expressed this perspective, why not press your advantage and continue? Are you going to wait until you lose the case before taking action?

"Our second point is already quite comprehensive!"

"However, regarding the first point, even if our client, Li Jie, illegally possessed firearms, the deceased, Wei Tian, ​​was not shot!"

The charges are independent of each other.

There is no logical connection between illegal possession of firearms and murder. The key point of the case is whether it was a "shooting murder". If it was not a shooting murder, then there was no premeditation and no "intentional homicide".

under these circumstances.

Whether Li Jie had a gun or not was irrelevant.

Even if Li Jie is convicted of illegal possession of firearms, the maximum sentence would be three years... no, not even three years. The most likely outcome is a fine of five thousand yuan plus administrative penalties.

However, the "murder" was entirely an accident.

of course.

Although he was not guilty of murder, Xu De still denied the charge of "illegal possession of firearms"!

"We completely deny what the prosecution has stated!"

Xu De took a deep breath and suddenly denied it outright, catching everyone off guard.

Prosecutor's seat: ?

Zheng Tong and the others, who were originally preparing to accept the idea of ​​killing someone with a gun, subconsciously looked up, their eyes filled with a hint of unspoken words.

Xu De, however, paid no attention to it.

Debate is debate, attitude is attitude, and law is law.

The law stipulates that the weapon may be a gun, but what does that have to do with my attitude?

Xu De definitely won't admit it!

"Unless the prosecution can provide an accurate characterization report," Xu De said, "it can be determined that the murder weapon is a 'firearm' in the legal sense."

"Otherwise, we absolutely do not agree that the defendant has committed the crime of 'illegal possession of firearms'!"

Upon hearing this...

At the prosecutor's stand, Prosecutor Zheng Tong took a deep breath and said:

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

"In this case, the murder weapon has been destroyed, so only partial identification can be conducted."

"Unable to conduct a complete analysis!"

A qualitative assessment is required for a complete evaluation, but a report on weapon damage cannot be prepared.

Even if it's not broken, it still can't be done!

The report they have is aimed at determining whether it is a gun, which means the evidence center is unsure. If they could be sure, the matter would have been resolved long ago, and there would be no need for this debate.

But I'll say it again.

What does this have to do with Xu De?

"Prosecutor, this has nothing to do with us."

"Trials are based on evidence, not on 'possibility' or 'speculation' to determine guilt!"

Xu De shook his head, categorically rejecting the idea.

"If you want to make a accusation, you need to get it tested first and produce a 'conclusive test report'."

Zheng Tong took a deep breath. "A definitive diagnosis requires a complete murder weapon, but the weapon is damaged, and the evidence center can't provide an expert opinion!"

Xu De spread his hands, a troubled expression on his face, and said:

"I understand your feelings, but without a report, you lack factual evidence. Without factual evidence, your accusations are untenable. If you want to stand firm, you have to..."

The prosecutor's stand.

Prosecutor Zheng Tong was speechless. He sat in his seat, staring blankly at Xu De with his mouth shut.

no......

Is the other party just playing with me?

After going around in circles, how did we end up back here again?!

You understand feelings...aren't feelings caused by the other person?

but......

Just now.

The plaintiff is in the plaintiff's seat.

Lawyer Du Teng frowned, carefully examined the other party, pondered for a moment, and finally looked at Wang Yan.

"Press the defendant a little harder..."

Upon hearing this, Wang Yan nodded to indicate that she understood.

Immediately.

Just as the prosecution and defense were engaged in a heated debate, a sudden voice rang out between them.

"Your Honor, the plaintiff has something to say."

Wang Yan stood up and looked at the judge's bench from her seat.

This moment.

Both the prosecution and the defense stopped what they were doing and turned to look at each other. Xu De narrowed his eyes, wondering what the other party was up to.

The trial area fell silent.

After a while.

Presiding Judge Zhao Zhong nodded and said, "Plaintiff, please speak."

Lawyer Wang Yan nodded, then glanced at the defendant's dock, smiled slightly, and said:

"Your Honor, we have information to present as evidence in this case."

"That is, the receipt report from the Evidence Center on September 19th regarding our application for authentication!"

Receipt Report?

Suddenly, upon hearing these words, everyone in the trial area understood.

Yes.

In this case, the weapon was damaged, but the time of damage was not after the prosecution completed its assessment of the damage, but rather after the plaintiff's side!

However... most people are still unaware of the other party's response report.

And this is because...

"Objection! Objection! This is a surprise attack! The plaintiff launched a surprise attack during the trial!"

In the defendant's seat, Qian Hao suddenly spoke up again, directly denouncing the other party's dirty behavior!

Upon hearing this...

Wang Yan, however, calmly pulled the documents out of her briefcase and began to speak:

"Your Honor, our request for evidence was not a surprise attack; we presented evidence to the court before the case was filed."

"It was only for certain reasons that I appeared in court just before the trial."

An internal report on the 19th revealed the identification results, but the physical evidence was damaged that same day.

Because of the damage to the physical evidence, the inspectors began to spend a lot of manpower and energy on this matter. Finally, on the 20th and 21st, the receipt report and other information were returned to the court.

But then another problem arises.

The deadline for submitting evidence to the court is before the trial begins!

However, it takes at least a whole day for both the prosecution and the defense to obtain and "digest" the materials!

Therefore, the information card was submitted at the last minute, but... the message and content were known to almost no one except the court.

"Hmm, a legal court raid? That's a pretty effective tactic."

Lawyer Wang Yan thought this to herself, then smiled at Xu De.

Although this was achieved by chance, but...

According to her investigation, Xu De had used this tactic in a civil divorce case.

It's great, really easy to use!

As for Xu De, he narrowed his eyes but didn't react. After all, the methods of filing a lawsuit are not copyrighted, so he couldn't protect his rights even if he wanted to. He just continued to watch.

Wang Yan continued:

"Your Honor, this is the receipt from the Evidence Center regarding our application to determine whether the firearms were completely destroyed."

The words were spoken.

She reached out, held the materials above her head, and looked at everyone, saying:

"And the answer given by the evidence center is..."

"[It was not destroyed in accordance with the legal definition of being invalid! After some repair and modification, it meets the definition of a firearm!]"

"Gentlemen, I think it should be quite clear what this report means."

Wang Yan spoke slowly, her voice reaching everyone's ears and causing them to frown slightly.

What is the purpose of the report?

It means...

Li Jie's "destruction progress bar" has not reached one hundred!

Since it was not completely destroyed, it still belongs to the category of firearms, a point that the prosecution has made very clear.

And the plaintiff's report...

It is clear that this indicates the gun is still a gun and has not yet reached the point of being transformed into another object. The defendant, Li Jie...

"This clearly violates Article 128 of the Criminal Law!"

Wang Yan said that her voice was clear and bright, and her pronunciation was very clear.

When everyone heard this...

On the judge's bench, the three judges frowned and glanced at the court clerk.

The clerk quickly went to verify the information and then handed out copies to everyone present.

When the document arrived, the three prosecutors on the prosecution bench immediately frowned and looked at it, quickly confirming the document's impartiality and that its content matched the oral account.

The weapon... is indeed capable of being modified.

After the evidence center attempted to disassemble it, they modified it with a replica!

Although the aiming is very poor and there is a risk of the barrel exploding, the problem is that it does indeed push the bullet out!

That's how it is.

That would perfectly fit the definition of firearms in the Gun Barrel Law.

only......

"Objection! Objection!"

"Your Honor, this testing procedure is far too brutal!"

"Furthermore, their justification for the testing is completely unnecessary and coincides with the prosecution's position. The plaintiff is wasting public resources by conducting undisputed testing on the physical evidence!"

"Therefore, the physical evidence was ultimately damaged and could not be identified. We strongly protest against this action!!!"

In the defendant's dock.

After reading it, Xu De immediately launched into a strong condemnation without saying a word.

His expression was very serious and earnest.

Upon hearing this...

Judge Zhao Zhong instinctively said, "Defendant, the plaintiff's actions are compliant, and the reasons for their testing were approved by the collegial panel."

He wanted to say something more.

but......

Is it compliant if the collegial panel approves it?

In a daze.

Xu De raised an eyebrow, then, without changing his expression, suddenly pulled a document from his briefcase. He stood up and said:

"presiding judge!"

"Regarding this case, during the recess, we also conducted an expert evaluation of the physical evidence!"

"The report returned by the forensic institute clearly states that the physical evidence does not currently meet the firearms standards stipulated in the Gun Barrel Law!"

"Regarding the issues concerning the plaintiff and the prosecution, we communicated with the forensic institute, and the institute held a negative attitude."

"In summary."

Xu De took a deep breath, completely ignoring the stares of those around him, and held up the document that had been sitting in his briefcase for over ten days.

"We believe that this court should accept the 'written materials' we submitted!"

Book...written materials?

The four words fell.

Suddenly.

Some people in the audience hesitated, while others showed joy. Those who hesitated were questioning the prosecution and the judge's bench.

The defendant has a report, and judging from what he said, it seems that the case has been classified. So why is the other party releasing those physical evidence when they have nothing better to do?

They couldn't understand it.

of course.

Those in the audience were somewhat puzzled.

And the trial area...

That would be extremely terrifying!

"A book...written materials? An appraisal report!?"

At the prosecution table, the three prosecutors suddenly stopped, stunned for a moment.

I've never heard of that.

The court didn't say anyone provided evidence!

The three hesitated as they looked towards the judge's bench, but then they discovered...

The three judges on the bench were also slightly taken aback, then looked at each other, expressing their doubts.

"That's not right...we haven't received any application from the defendant."

"You agree?"

"A unanimous agreement from the panel is required, wouldn't you say so?"

"Then this..."

The judge's bench was somewhat stunned.

Authentication?

That's not right. An expert evaluation can only be commissioned to the evidence center if the application is approved by the collegial panel.

But the other party didn't apply!

It can't be that they've lost their minds and forgotten that they've already agreed... But that doesn't make sense, there's no reason why all three judges' brains should be broken!

If that's the case...

From what nook or cranny was the defendant pulled out?

What right does the evidence center have to make evidence for the other party? Besides, the evidence is at the police station; the other party can't possibly steal it from the police station and make it themselves!

The three judges hesitated.

However, the plaintiff was startled.

"Ha, they really are... beasts."

The plaintiff.

Lawyer Du Teng's eyes twitched, and the news that the physical evidence was missing on September 10th flashed through his mind.

Although he had his doubts, he truly hadn't expected this...

The other party did this!

Moreover, judging from the court proceedings, it seems that the judge was unaware of the matter, and even the prosecutor was not informed.

How did the other party get through the process?

On what grounds should the evidence center do this for him?!

At that moment, a hundred thousand "whys" appeared in Du Teng Wang Yan's mind, but they were suppressed in an instant.

Instead of dwelling on this, it's better to...

"Objection! Objection!"

Suddenly. The plaintiff's seat.

Without hesitation, lawyer Du Teng stood up and directly expressed his strong stance, angrily stating:

"Your Honor! We have an objection to state!"

"This is a surprise attack!"

"The defendant is violating court rules by presenting evidence improperly; they are launching a surprise trial!!!"