Lawyer: Start with legal retaliation against infidelity!

Chapter 322: The process is completely compliant! Psychological game.

Dutten is a litigious lawyer... no, or rather, he's a lawyer with very low moral standards, but extremely shrewd and self-serving!

Such people are very likely to be promoted.

Whether before or after becoming a lawyer, he reached a level that was difficult for ordinary people to achieve in a short period of time.

Of course, while it's easy to get promoted... he also has to defeat countless opponents!

Du Teng has fought against fellow litigators, studied the laws of special regions, clashed with top lawyers across regions, and even defeated other red-circle gold medalists by relying on his home advantage.

What kind of people hasn't he seen? What kind of money-grubbing scoundrels hasn't he dealt with?

But today, he saw it.

"Objection! Objection!"

"Your Honor, we have clear objections to what the defendant has said!"

"From September 9th to September 22nd, during the recess, we have never heard of the defendant submitting evidence again, or rather, the defendant's information was not presented as evidence, and then it was notarized by the court and submitted to the court privately..."

'

The plaintiff's lawyer, Du Teng, stood up, his face serious, with a hint of shock in his eyes.

Du Teng has never seen anyone dare to launch a surprise attack on evidence during the second trial in Haicheng!

Yes, in Haicheng, most people don't dare to launch a surprise attack on evidence in the second instance. Under normal circumstances, the most they can do is launch a surprise attack on materials, or delay the trial until adjournment under the pretext of "supplementation".

Why?

It's very simple, purely because this is the second instance, a higher court, and more importantly, the highest court in the East China Financial Center!

Who is sitting on the stage? Zhao Zhong!

Is this a surprise evidence attack?

even..

The problem lies in the procedure itself, which is a matter of fundamental importance.

Xu De is courting death!?

"This was clearly a surprise court raid!"

now.

After a moment of shock, lawyer Du Teng was secretly delighted. He immediately stood up and shouted to the judge's bench, "Your Honor, the defendant is challenging the authority of the court and attempting to gain an advantage through underhanded means!"

"We request that the defendant be severely punished!"

"In addition, the plaintiff requested the hospital to conduct an in-depth investigation into the so-called expert report submitted by the defendant."

"We believe that the source of their evidence is clearly irregular and violates regulations!!!"

Du Teng laughed.

He had never seen such a suicidal person in his life, daring to tamper with the procedures in Haicheng.

Raiding for evidence is against the rules, but... evidence obtained illegally is a crime!

Judging from the expressions of the people present, it was clear that the defendant hadn't notified the High Court and the Central Prosecutor's Office of this evidence at all. Since they hadn't notified them, then...

How could we possibly allow a judicial institution to conduct an assessment?

So here's the answer.

Either the procedure was violated, or the evidence lacked validity!

This wasn't just something he thought of; the others naturally thought of it too.

On the judge's bench.

Presiding Judge Zhao Zhong paused slightly, turned to look at the defendant Xu De, and after a moment's thought, said, "Defendant, do you have any explanation for the plaintiff's statements?"

Upon hearing this...

Xu De, however, remained calm and said slowly, "Your Honor, first of all, I would like to correct a mistake made by the plaintiff."

"The evidence we presented was not in the form of 'evidence,' but rather as so-called 'written materials'—case support!"

According to regulations, any evidence must undergo a process of presentation and examination; otherwise, presenting it rashly will only cause unnecessary trouble.

However, this does not apply to written materials.

"Examining and presenting evidence"—first and foremost, you need to be a witness, right? The materials are for supporting purposes, not evidence, so there's no need to go through any procedures!

Also.

As for procedural matters...

""

Xu De paused slightly.

And it was during this meal that everyone subconsciously frowned and looked at him.

"Your Honor, before I answer, I need to state one point."

"All evidence and written materials submitted by us were obtained through legal, compliant, and lawful channels, and there are no risks or loopholes involved!"

The reason for the "written materials" is that, following the adjournment of the last court hearing, we believe that the client's interests have been severely damaged!

Xu De suddenly became serious.

He stood up, his suit was very neat, as if it made him look like an extremely upright person who never schemed and was very honorable and dignified!

"That is, regarding the fact that the murder weapon in this case was destroyed by the deceased, Wei Tian!"

"As everyone knows."

"Our client is from a poor family with no means of livelihood, so the only thing they can provide to support his mobility is a prosthetic leg."

"On the afternoon of May 1, 2003, in the center of Haicheng City, on Jinlan Commercial Street, this only prosthetic leg" was broken by Wei Tian, ​​leaving our client still only able to move with assistance."

"Therefore, after the court adjourned on September 9th, we went there with resentment in our hearts..."

'

Speaking of which...

On the trial bench, in the prosecutor's seat, many people opened their eyes slightly, wanting to hear carefully what procedures the other side was going through.

But when the second half of the sentence was spoken, everyone was suddenly stunned.

"We went to the Haicheng Basic People's Court to file a lawsuit against the deceased, Wei Tian, ​​in accordance with the law!"

Xu De raised his head slightly, showing no sign of guilt, and said, "However, since the defendant Wei Tian is already dead, we cannot prosecute him according to the law."

"Therefore, we have filed a lawsuit against the family of the deceased Wei Tian, ​​namely his biological son Wei Yuan. They should bear the corresponding compensation responsibility on behalf of their father!!!"

Basic-level courts!?

The four words echoed in the first courtroom for a fleeting moment.

Everyone's heads were buzzing, and they stood there staring at Xu De, unable to figure out what he was thinking for a long time.

What do you mean... After the court adjourned on September 9th, instead of rushing to find evidence, you went to the plaintiff and tried to file a civil lawsuit?

no....

"Defendant, do you have a case filing receipt for your civil lawsuit?"

On the judge's bench, Judge Zhao Zhong couldn't help but ask a question immediately.

He didn't know about this!

Xu De nodded. He had expected to be questioned, and without saying a word, he pulled out a receipt report.

"Presiding Judge, this is the case filing receipt issued by the grassroots court in early September."

The court clerk hurriedly handed the documents to the judge's bench.

Zhao Zhong looked down and realized that it really was from a grassroots court. Otherwise, if this was fake... Ha, if something with an official seal could be fake, Xu De must have a death wish!

Of course, what Zhao Zhong cared about most was another point.

That is, the grounds for the lawsuit.

After reading the grounds for the lawsuit, Zhao Zhongshi could no longer contain himself. He looked up at Xu De, the defendant, his tone filled with deep doubt.

"You're demanding humanitarian compensation of a prosthetic limb from the family?!"

After these words were spoken, the people present were stunned for a moment.

After understanding, a hint of surprise gradually appeared in his eyes.

Suddenly, a slight commotion arose from the audience, with people whispering and bobbing among themselves.

"Humanitarian compensation for prosthetic limbs?"

"This isn't right. Wasn't it Wei Tian who died? Why is Wei Tian's family having to compensate Li Jie?!"

"To be honest, I think this is... a bit inhumane, but upon closer reflection, it seems to have some humanity as well."

"The defendant is asking the plaintiff for compensation? Am I still dreaming?"

""

"No, that's not right. If the murder weapon really is a prosthetic limb, then from the defendant's perspective, Li Jie is indeed innocent. Since he's innocent, and Wei Tian damaged his prosthetic limb... then theoretically he should really have to pay compensation!"

"6

""

In the audience, as people were chatting, they suddenly realized something and got a little stuck.

Yes.

If Li Jie didn't kill anyone, then he is innocent.

He had committed no crime, yet someone damaged his prosthetic leg for no reason... Shouldn't he be entitled to compensation?!

so.

"Your Honor, regarding this civil case, we can assure you that we will not ask for anything extra!"

"First, we are aware that there is no such thing as humanitarian compensation in China," and what we mean by compensation is a claim for indemnity.

"That is, Article 1186 of the Civil Code [Liability for Fairness]!"

"If neither the victim nor the perpetrator is at fault for the occurrence of the damage, the loss shall be shared by both parties in accordance with the provisions of the law."

Xu De's expression turned serious as he looked at Zhao Zhong and spoke with genuine emotion.

His eyes were very sincere.

"Although the deceased, Wei Tian, ​​is suspected of wrongdoing, we do not intend to pursue the matter further; we only seek compensation that is voluntary!"

After saying that,

If one does not have prior knowledge of the case.

Those who heard this at the scene probably thought it was a scene of both parties reaching a settlement, shaking hands, and leaving the courtroom with smiles.

But the truth is...

"No! No! Objection! I object! I haven't received any court notice!"

In a daze, a gasp of surprise came from the audience.

Everyone turned to look, only to see a young man who couldn't hold back any longer. He stood up from the audience and glared angrily at Xu De.

This person... was none other than Wei Yuan, who had been sitting below watching!

at this time.

Wei Yuan spoke anxiously, "Your Honor, I haven't received a summons. I have absolutely no knowledge of the civil case the defendant mentioned. There's something wrong with this!"

Wei Yuan was getting a little anxious.

He has to be in a hurry.

After all, his own father was killed by the other party, and now he has to pay compensation to the defendant? Is there any justice in this world?!

Not to mention it was humanitarian compensation. Wei Yuan understood very well that this was not a demand for compensation.

This is clearly disgusting to oneself!

only...

On the judge's bench.

Zhao Zhonggang was about to speak when someone else beat him to it.

Xu De, in the defendant's seat, made no attempt to conceal his true intentions, and said with a carefree laugh, "Mr. Wei, you've got the treasure right there."

Is it enough to just collect the treasures?

Wei Yuan was still a little stunned, not understanding what the lawyer was talking about, as it was all disjointed and nonsensical.

But the next second, what the other person said almost made him jump.

Xu Dedao: "We have already withdrawn the lawsuit in the basic-level people's court!"

"The court has not yet issued a death warrant, and the lawsuit has been withdrawn, so you have naturally not received any death warrant notification."

Wei Yuan: ?

Prosecutor's seat: ?

Judge's bench: ?

Withdraw...withdraw the lawsuit?

After these words were spoken, the entire First Courtroom fell into a deathly silence. Everyone stared at the figure on the stage, unable to utter a single word for a long time.

The lawsuit was withdrawn... Since it was withdrawn, it's reasonable for Zhen to have received the news!

Since the lawsuit was withdrawn without even being filed, the court will naturally have nothing better to do than contact the defendant again and cause trouble.

just.

That being said, the logic makes sense, and the reasoning is sound.

but..

This whole chain of behaviors is just so strange!

"Objection! Objection!"

At the plaintiff's seat, lawyer Wang Yan was momentarily stunned before standing up first.

Xu De shifted his gaze to him and said calmly, "If the plaintiff has any objections, please speak up. We will certainly not hold anything back."

His businesslike attitude was disgusting, but clearly, they took that to heart.

Wang Yan intended to say that Fang Zhen was compliant, but the words "Zhen" came out instead.

Is withdrawing the lawsuit...not in compliance with regulations?

Zhen, withdrawing the lawsuit is perfectly compliant!

If anyone says that an individual can withdraw a criminal case, then that person is out of their mind. And if someone actually succeeded in doing so...

Just have someone check it out; they'll definitely find something wrong!

But the words came back again.

Did Xu De withdraw the criminal lawsuit?

Zhen.

He withdrew the civil lawsuit!

In the East, whether it is the Criminal Code, the Civil Code, or other legal books, there is never a single article that explicitly states that civil litigation can be withdrawn!

In some respects, the authorities even encouraged both parties to settle privately and withdraw the lawsuit.

The pre-trial settlement organized by the court at each hearing is the simplest example, so...

Xu De's withdrawal of the lawsuit was indeed without any wrongdoing on his part; he acted completely legally and compliantly. Zhen's withdrawal of the lawsuit, on the other hand, constituted a violation of regulations.

"I...I..."

"7

Lawyer Wang Yan was speechless for a moment, her face gradually turning red, clearly her blood and qi were churning, and she was holding back what she was supposed to say.

She glanced down at Du Teng and saw his subtle gesture, then took a deep breath to calm herself down.

Two angles for attacking the kiln gradually emerged in her mind. She said, "Your Honor, we have two points to make."

"First, the defendant relied on the entrustment made in the civil litigation, and there are two points in the process in which we did not participate."

"That is, the agency that participated in the consultation and appraisal" and "did not receive a copy of the appraisal certificate!"

There are generally two types of identification.

One option is to commission a private appraisal yourself. Once the appraisal is completed, the item is valid. If you see information that benefits your item, you can simply tear it up.

The second option is to entrust the matter to the court.

However, the court acts as a mediator between the prosecution and the defense, and Jane might favor one side, much like a private expert opinion.

Instead, even when applying for an appraisal, both parties should be taken into consideration!

When the plaintiff applies for an appraisal, the court will invite the defendant to discuss which pig appraisal institution to designate. This is a fixed procedure, and if it is violated, the evidence will be basically invalid.

Also.

That means we have received the certified copy.

According to the law.

Both parties must receive the expert report, which is issued by the court.

In this case, the prosecution conducted an expert evaluation, and Xu Dezhong also had one. Xu Dezhong also has the plaintiff's report, but it hasn't arrived yet.

so....

"The so-called 'evidence' in the defendant's possession has obvious procedural flaws!"

Wang Yan calmed down, slowly began to speak, and straightened out her logic. She looked at Judge Zhao Zhong and said seriously.

Cherish it...

"Plaintiff, the hospital has already notified you!"

"The oversight occurred because you were careless; our procedures were flawless throughout!"

Xu De spoke up again to refute, leaving the other party no room for rebuttal.

He said, "Regarding the consultation notice, the hospital informed us on September 9th or 10th that they had consulted with your lawyer about the appointment."

"Since you did not appear by the deadline, the hospital considers that you have forfeited your right to participate in the selection process."

Not present? Voluntarily withdrew?

Wang Yan was stunned; her brain was momentarily blank.

Zhen figured it out in a short time.

Although the negotiation is a procedural step, it is actually quite formal. It can be confirmed by signing a contract in court or by video meeting.

Decades later, it may only take a few taps on a mobile app at home.

Of course, this is precious, the important thing is...

Around September 10th?

Wang Yan was taken aback.

"September 10th was the date we applied to the High Court for a commissioned expert evaluation!"

On the 10th, the High Court was commissioned to conduct an appraisal.

The message came that day saying they would negotiate an appraisal; is this normal?

Zhen, that's perfectly normal.

What's normal is that they didn't realize the call might have been from the High Court.

Furthermore, since they couldn't conduct an identification on the 10th, there was no need to go to court.

However, the local courts, upon receiving their donations, naturally considered it a surrender, and ultimately...

An assessment report has been issued by the assessment institute.

In theory, if they had looked closely... this report could have been intercepted entirely.

But then again, they submitted the application and then called right afterward, how could they possibly be suspicious!?

As for not receiving the copy...

"That makes it even simpler."

"Plaintiff, I suggest you urge the postal service commissioned by the court to take action, rather than deliberately framing us!"

Xu De's face was stern, and the first thing he said was to shift the blame to someone else.

Post office... a boar?

Yes, it's a postal service boar.

Because of Xu De's withdrawal of the lawsuit, the information sent by the lower court may have been delayed, so the information may have already been sent, but the other party has not yet received it.

What?

What should I do if the High Court starts a hearing before I receive the information?

What does this have to do with the local courts?

There's no rule that says a copy of the expert opinion must be submitted before the court hearing on the 22nd!

Wang Yan was speechless for a moment, staring at the person in the defendant's seat. After a long while, she managed to utter half a word, "blind," and only managed two words after holding back for a long time.

"You...I..."

Yes, the copy just hasn't been delivered yet.

Jane didn't give it!

Just as the second trial of Zhending ended, the copy was delivered.

On what basis can you say Xu De violated the rules?!

half an hour.

After struggling for a while, Wang Yan could only use the second opening she found as a spear to stab through.

She looked at the judge's bench and slowly said, "Your Honor."

"According to Articles 37-42 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Civil Litigation, it is clearly stipulated."

"The legal document concerning pigs should be served on the parties involved."

"7

She paused abruptly, then changed the subject, saying, "At the same time, the parties involved have the right to raise objections to the expert opinion! They can request the expert to provide an explanation and apply for a new evaluation!"

"also."

"In accordance with Articles 79-81 of the Civil Procedure Law."

"Evidence must be examined and verified in court before it can be used as the basis for determining the facts of a case. Expert opinions that have not been examined and verified lack evidentiary value in this case!"

To put it simply...

The creation of definitive evidence for lung cancer must go through the "examination and verification" process.

If there is no cross-examination, and you only submit written testimony... the judge will not believe it, but it is only for reference and cannot be presented as evidence in court.

But coincidentally...

"But."

"This is our 'written material,' isn't it?"

In the defendant's dock, Xu De raised his eyebrows slightly and lowered his head slightly, as if trying to see the expression on the other party's face.

He stated, "Plaintiff, we only submitted an expert evaluation report, not any evidence."

"This is a written document!"

Wang Yan's expression froze.

Book...written materials?

What are written materials?

It refers to supporting or auxiliary materials and information, which are generally used to complement one's own arguments.

For example.

If Xu Defei argues that Li Jie is innocent, then the so-called "accidental incident" under Article 16 of the Criminal Law is merely his written material, a supplementary defense.

The court can reject or accept such irrefutable evidence.

Therefore, from this perspective, Wang Yan is absolutely right.

Information that has not been examined and presented as evidence in court, and which is then withdrawn, is subject to legal restrictions if it appears in any other form.

Xu De, on the other hand, has always been a law-abiding and good person.

He voluntarily reduced the material's effectiveness by two layers!

"Evidence of the validity of the pig law" and "written materials on the road"!

Since it's just materials, then... this is related to what Wang Yan said!

so..

"presiding judge!"

In a daze.

Xu De's eyes narrowed, and he turned his gaze to the judge's bench, his voice firm and clear.

"The written materials we submitted are not intended to supplement our defense arguments, but rather to assist the plaintiffs in the civil suit, represented by the deceased's family, and the prosecution!"

"first."

The plaintiff's report states: "[It was not destroyed in accordance with the legal definition of invalidation! After some repair and alteration, it meets the definition of a firearm]!"

"The prosecution's report on the application for expert evaluation stated: 'Zhenneng completely rules out the possibility that the donor would possess launch capability after modification!'"

"Note that there are commonalities between the two identifications."

"That is to say: without modification, the gun was not capable of firing a gun under the conditions at the time of the incident, and its performance could only be restored after modification!"

'

"If that's the case, then what exactly was this thing before the conversion?"

Neither the prosecution nor the plaintiff has provided an answer, while our side...

"Then, supplementary information for both parties was provided in the form of 'written materials'!"

The words were spoken.

A slight smile appeared on Xu De's face.

As the saying goes, "Study hard and be an ambitious young person."

Xu Deke really enjoys doing this kind of helpful thing right now, especially when he's helping others!

so..

"Written materials authenticated by Haicheng Forensic Institute: [The physical evidence currently possesses the firearms standards stipulated in the Gun Barrel Law! Based on actual use, it should be treated as a prosthetic limb; its actual value...]"

"We would like to add to the statements made by both sides."

"The final result was..."

'

"In this case, the physical evidence currently meets the standards for firearms calibration as stipulated in the Gun Barrel Law; calibration can only be performed after modification. Before modification, the physical evidence, based on wear and tear from actual use, indicates it was from before modification..."

2

Xu De's words were forceful and resonant, his voice like a hammer striking iron in a kiln, sending up a shower of sparks.

"It's a prosthetic leg!!!"

Written materials are used to supplement arguments.

Since it serves to supplement the argument, then... Xu De could only use it in this direction.

The latter half of this "written material" is completely consistent with the "appraisal" provided by the other party, and its credibility is very high.

If that's the case, then it's perfectly normal to add something that the other party didn't mention earlier, right?

As for who it was intended for?

That's none of your business!

Anyway, Xu De's supplement was very thorough.

Thinking of this.

In a daze.

Xu De seemed to remember something. He suddenly looked at the judge's bench and reminded him, "Your Honor, in this case, because the plaintiff used force during the forensic examination, the physical evidence has been damaged. The physical evidence center is unable to conduct any further overall examination and can only conduct cross-examination based on the existing examination report."

"Furthermore, regarding this case, the cause and effect, the details of the case, and the nature of the murder weapon have been clearly explained."

"The three parties have reached a consensus!"

"We believe that no further proceedings are necessary in this case. Please, judge..."

""

"A decision has been made!!!"

Decide...

The two blind men fell, and the scene suddenly fell silent.

The prosecutor's lips parted slightly, but he couldn't quite say what he was going to say.

The three of them were stunned for a moment, and hesitated to speak.

This was their first time attending a public hearing, and the defendant presented them with written materials to supplement their case... but after they finished, the information they received sounded like a rejection!?

As for the plaintiff...

"brute!"

"How dare he claim the evidence was damaged? He even has the nerve to say we destroyed it!"

Lawyer Wang Yan was now laughing in anger. She looked at Xu De as if she were examining whether a person had any morals.

This case.

The pig testing agency issued five test reports!

Goodness, five cases! A normal case only has one!

Xu De prepared three portions, while the plaintiff prepared one portion himself...

And yet, the other party still has the nerve to say that the damage was caused by their own violent testing?

Wang Yan squeezed out a sentence through gritted teeth.

"You beast!"

As for the trial bench?

The three judges on the bench fell silent as they looked at the evidence the defendant had heard at the lower court. They sat there, seemingly lost in thought, as if their eyes had been opened.

With the physical evidence gone, the three sets of expert opinions have further complicated the case.

The defendants left them to decide?

How can this be decided?

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