Lawyer: Start with legal retaliation against infidelity!

Chapter 323 The Struggle Between Justice and Humanity (A Two-in-One)

A decision? How can this be decided?!

Upon hearing this, the plaintiffs' faces turned grim, especially Wang Yan, who felt a surge of suppressed anger. She took a deep breath and said in a low voice, "Objection!"

"Defendant, we would like to remind you of something."

The expert opinion regarding the nature of the physical evidence in this case remains unclear.

If the facts are unclear, then we should continue to pursue the matter until the facts are clarified before making a judgment.

But... a problem has arisen.

"turn down!"

"Plaintiff, you are right. The court does have a responsibility to clarify the facts regarding the unclear situation. But before that, we would like to make a statement in advance."

Xu De also took a breath, and then his eyes narrowed, as if a sharp blade had pierced the other party's vitals.

"The murder weapon was damaged due to your violent inspection."

The murder weapon in this case is not eligible for re-examination!

What does this mean?

Literal meaning!

According to Article (II) of the General Rules of Judicial Appraisal Procedures, an appraisal institution shall not accept an appraisal if the appraisal materials are untrue, incomplete, insufficient, or obtained illegally.

Its interpretation is:

Because the murder weapon was damaged during the examination, the evidence center will not provide a complete examination receipt!

But here is the problem.

The case requires a report to resolve—the weapon was damaged, but no report can be provided—the problem persists even without a report, and a report is needed to resolve it...

It's a complete dead end; a single-minded approach has led to a dead end.

but!but!

Would there be such an obvious bug or loophole in the judiciary? No, it is obvious that there is no such thing. There must be a patch, otherwise Xu De would not have asked for a decision.

That is to say...

"The plaintiff!"

Article 200 of the Criminal Procedure Law clearly stipulates that after the presiding judge announces a recess, the collegial panel shall deliberate and make three judgments based on the facts, evidence and relevant legal provisions that have been ascertained.

Xu De's eyes narrowed, and he uttered a law so precise it was as if he were looking up a catalog.

There are three possible interpretations by the court based on Article 200.

First, if the facts of the case are clear and the evidence is conclusive, the defendant is found guilty according to law; second, if the facts of the case are clear and the defendant is innocent, the defendant is found not guilty according to law; and third...

"Article 3: If the evidence is insufficient to convict the defendant, a not guilty verdict should be rendered on the grounds of insufficient evidence and the alleged crime cannot be established!"

Xu De's face was full of rejection, and his voice grew louder.

"As the saying goes, 'He who makes the claim must provide the evidence!'"

"If you believe our client is suspected of a crime, then please provide concrete evidence to establish a verdict!"

"If you can't produce it... then please apply Article 200 of the Criminal Procedure Law and uphold the principle of 'presumption of innocence'!!!"

To avoid the case being stalled by unproven suspicions.

The official patch is based on the principle of "presumption of innocence"!

and this.

That was Xu De's plan.

Regardless of whether the "written materials" are evidence or not, their validity is far less than that of an "expert report".

Tell me, isn't the water murky?

In the current court proceedings, the core principle of "whoever asserts must prove" in the judicial process must be followed...

So.

If Du Teng and Wang Yan want to prove the defendant's guilt, they must provide evidence! If they can't, then Xu De doesn't need to provide any either; according to the law, the principle of innocence applies.

What? What if you could give it to me?

How can I give it to you?!

"Absurd! Absurd!"

At this moment, lawyer Wang Yan was so angry that her face turned red, her chest heaved noticeably, and her breathing became slightly rapid.

With both hands braced against the table, he turned to look at the judge's bench and protested loudly, "Your Honor, the murder weapon in this case is clearly damaged and lacks the capability for complete forensic examination. From a procedural standpoint, it is impossible to reach a conclusion on these related issues!"

"That's sophistry!"

Her voice was loud, but Xu De's was even louder.

"The destruction of physical evidence is unrelated to my case as the defendant!"

A furious shout came from the defendant's dock.

Xu Degang stood up shortly after sitting down, pointed angrily at the plaintiff, and spoke loudly.

"Plaintiff, please don't forget who caused the destruction of the physical evidence!!!"

Who caused the destruction of the physical evidence?

As has already been clearly stated, the damage occurred after the plaintiff's assessment was completed.

Judging from only the latter half, the damage is inextricably linked to the plaintiff. If they hadn't applied for an appraisal, the weapon would definitely still be intact.

What?

As for why the weapon would suffer mechanical fatigue damage?

That's none of your business!

"Shameless..."

""

Plaintiff's seat.

Wang Yan's face turned slightly pale. She gritted her teeth and shouted angrily in a low voice, but she didn't let the sound carry far. Her hands gripped the edge of the table tightly.

This was the first time in her life she had ever encountered such a shameless person!

The plaintiff's forensic examination of the physical evidence led to metal fatigue damage? Whose fatigue was caused in a single incident?

There are five reports in total, and the other party doesn't know who wrote three of them.

It's like someone smashing a TV to pieces to maintain a semblance of dignity, and then you just turn it on and the entire TV instantly turns to dust... Does that count as you breaking the TV?

But it's obvious.

Xu De simply pinned the blame on the plaintiff!

Don't worry about who caused the metal fatigue; just tell me if it broke in their hands.

until...

"Your Honor, we believe that what the defendant has said is indeed feasible."

Just then, a voice suddenly came from beside her, and Wang Yan turned her head to look.

Then, lawyer Du Teng, whose face had been somewhat grim, calmed down and turned his gaze to Li Jie.

His brow furrowed slightly, then relaxed.

Then, we turned our attention to the judge's bench.

Attorney Du Teng said, "Regarding this case, the facts of the first instance judgment are unclear, and we hereby apply for... a retrial!"

The moment those words were spoken.

The pupils of everyone present in the trial area contracted slightly, as if an invisible hand had gripped their hearts tightly, and then suddenly fell silent.

The case has been remanded for retrial.

The plaintiff... has finally shown his fangs!

"Plaintiff, do you know what you're saying?"

On the judge's bench, Judge Zhao Zhong glanced at the audience, as if pricked by a needle, his gaze instantly sharpening and locking onto the plaintiff's seat.

He said in a low voice, "You are the plaintiff in the civil suit attached to the criminal case, not the public prosecutor!"

Upon hearing this, Du Teng merely looked solemn, glanced carefully at the defendant's seat, and then nodded earnestly.

"We are aware of this."

The plaintiff has no right to participate in criminal proceedings, so theoretically, such an application is illegal.

But...

"Your Honor, the defendant previously presented us with three possible scenarios for the second instance trial, and coincidentally, I just thought of a relevant legal provision as well."

Article 236 of the Criminal Procedure Law explicitly states: "The second-instance people's court, after hearing an appeal or protest against a first-instance judgment, shall uphold the original judgment" or "shall modify the judgment," and...

""

Speaking of which...

Du Teng paused, his eyes suddenly sharpening.

"If the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts have been clarified; or the original judgment may be revoked and the case remanded to the original people's court for retrial!"

"

"Regarding this case."

"The facts of the case used in the first instance judgment were unclear and lacked key evidence. We believe..."

'

"The case should be remanded for retrial in accordance with Article 236!"

The words were spoken.

Du Teng sat down and stopped talking, his face silent, as if he were carrying a heavy burden.

To be honest, they wanted Li Jie dead!

But the problem is...

The only way for Li Jie to die is to push for the second instance to uphold the first instance's verdict.

In the early stages of the trial, they were indeed working towards that goal.

But Du Teng really didn't expect that Xu De could conjure up a "written document" out of thin air without the other party submitting any application to the High Court!

This move will make it very difficult to fight back.

The court isn't afraid of any evidence or information you have; what it's afraid of is you muddying the waters!

Xu De stirred things up quite a bit. Although he didn't offer any rebuttal, he skillfully manipulated the situation, even using the expert reports from both the "prosecutor" and the "plaintiff" to his advantage...

Unfortunately, the physical evidence was destroyed, making it impossible to fully verify the facts, and the water was extremely murky!

This moment.

Du Teng had already clearly realized that trying to uphold the original verdict was nothing short of wishful thinking.

If that's the case... then the trial can only proceed as originally planned, which means it will be remanded for retrial.

Of course, it would be best if the prosecution brought this up themselves, but plans can't keep up with changes, and with Xu De pressuring them like that... they had no choice but to take the risk!

"objection!"

"This case does not need to be remanded for retrial. The facts of the case are already very clear and unambiguous, and it does not meet the requirements for remanding for retrial under Article 236, Paragraph (3) of the Criminal Procedure Law!"

"The conflict between the deceased and the defendant is clear, there is no ambiguity in the evidence, and there is no need for cross-examination."

dock.

Xu De's eyes narrowed instantly, and he sat up straighter in his chair, his expression becoming increasingly serious and earnest.

His breathing was heavy, and countless chaotic thoughts instantly wove into a spider web in his mind.

"In summary."

"Your Honor, we believe that Article 236, Paragraph (2) of the Criminal Procedure Law is more applicable to the case of the defendant, Li Jie..."

""

"The verdict should be changed!"

A retrial? No, the verdict must be changed.

Sending the case back for retrial is a good thing for the other defendants, but not for Li Jie!

To win... we must overturn the verdict in court immediately, without any compromise!

"be opposed to!"

Lawyer Du Teng's mind was in turmoil, and his breathing was slightly rapid. He forced himself to calm his breathing and retorted in a deep voice, "Defendant, the first instance court heard the case itself! The second instance court heard the first instance case!"

"Regarding this case."

"During the first trial, the prosecution explicitly charged the defendants with 'intentional homicide' and 'illegal possession of firearms' in the indictment submitted!"

He hadn't finished speaking.

Xu De directly interrupted, his voice drowning out the words and echoing throughout the entire First Courtroom.

"The indictment is now clearly erroneous, and the root cause of the error has been identified!"

"The defendant, Li Jie, did not have the intent to kill on the afternoon of May 1, 2003. The death of the deceased, Wei Tian, ​​was an 'unpredictable accident'!"

If it is an accidental and uncontrollable event, then it is innocent.

That's already quite clear.

At the moment when Hsu Teh pointed out that the weapon did not meet the definition of a firearm under the Gun Control Act at the time of the incident, all four parties in the trial, including the judge, could no longer convict Li Jie of intentional injury!

Because they didn't actually kill anyone...at least there's no subjective or objective standard for "killing".

in this way.

"If the complaint is wrong, then the first instance trial is also wrong, not that the first instance trial was ambiguous." The second instance trial can directly overturn the judgment.

"No!"

"Defendant's lawyer, the unclear facts of this case do not lie in the crime of intentional homicide under Article 232 of the Criminal Law."

"It's Article 128, Paragraph 1 of the Criminal Law, the crime of illegal possession of firearms!"

This moment.

Lawyer Du Teng's eyes flickered with conflicting emotions. He narrowed his eyes, and his shrewd mind instantly organized his chaotic thoughts into a logically coherent line of reasoning.

Du Teng stated, "The weapon identification center did not provide a clear report regarding the defendant, Li Jie."

"then."

"Therefore, this charge is based on unclear facts! According to relevant laws, the case should be remanded to the original court for a new trial to re-examine the unclear areas!"

The two charges are separate.

Intentional homicide is intentional homicide, and illegal possession of a firearm is illegal possession of a firearm.

for example.

You had a gun in your home, and that gun subsequently caused someone's death. It was later determined that although you possessed the gun, the death was an accident, and you were not criminally liable.

Does that mean that because the killing was an accident and you didn't use your gun, you won't be charged with "illegal possession of a firearm"?

will not.

The two are independent and should be discussed on their own merits!

That's why the second trial is now underway.

The firearms issue was unrelated to Wei Tian, ​​but it was still explicitly stated in the indictment and he was charged with multiple offenses and sentenced accordingly.

Since a sentence has been handed down, that's part of the case. The facts regarding that part are currently unclear, so logically...

"The law stipulates that the case should be remanded for retrial!"

Du Teng spoke seriously, his tone becoming increasingly decisive and resolute.

He hadn't expected his opponent to be so difficult and audacious. His plans were now ruined... He had to either lose or have the case sent back for further investigation; he had to choose one!

At this moment, Xu De felt a surge of anger, and he suppressed his voice.

Those eyes, filled with the smell of gunpowder, pierced through the space and landed on the plaintiff's seat.

"Plaintiff, we have already clearly stated this point!"

Regarding the charge of "illegal possession of firearms" in this case, it is currently impossible to conduct an expert assessment or analysis. Even if the case is remanded for retrial, the evidence center will absolutely not issue a definitive report!

"For cases where the specific details are clearly impossible to ascertain, from a practical experience perspective..."

""

"The second instance court can fully apply Article 200, Paragraph (3) of the Criminal Law, and uphold the principle of presumption of innocence, to deliver its verdict and protect the legitimate rights and interests of the defendant!"

The details of the firearms case are indeed unclear.

But this refers to "it cannot be found out"! Not "it was not found out during the first trial".

Although the two may seem somewhat similar, their true meanings are worlds apart. The latter requires remanding the case for first instance, while the former... can be decided freely by the second instance court!

"Objection! Defendant, the written materials you submitted only serve to prove that the death of Wei Tian was not caused by gunfire, but do not deny that the gun did not meet the standards for being rendered unusable!"

Du Teng became agitated, and there was a hint of anger in his voice.

The person in front of me is like a piece of dog skin plaster, impossible to shake off, or like maltose stuck to my palate, impossible to peel off!

Xu De was very decisive and efficient.

"Oh? Okay, even if we take a step back and assume the behavior doesn't meet the criteria for invalidation, the case is still quite clear."

"We believe that this law is not ambiguous or lacks sufficient evidence, and can directly establish illegal possession of firearms!"

Kill a thousand enemies but lose eight hundred of your own? Is the idea to use illegal possession of firearms as a way to force the plaintiff to appeal to the first instance?

"Sophistry! Defendant, you are engaging in baseless sophistry!"

Du Teng was furious. He slammed his right hand on the table, his arm muscles tense, and veins could be faintly seen on his forehead.

Xu De angrily retorted, "Plaintiff, everything we've said is based on your viewpoint. Your sophistry is simply a matter of your argument being untenable!"

"Disgrace!"

Duteng stood up abruptly, displaying an unusually rare expression of anger, and exchanged accusations with him.

The two sides continued to shout at each other across the courtroom, their voices so loud that they echoed throughout the entire First Courtroom, making everyone's ears ring.

The audience section.

Everyone's eyes widened in surprise, but surprisingly no one interrupted the conversation.

It's not uncommon for lawyers to argue with each other in court, but in the second instance at the Haicheng High Court... that's quite rare, especially since the two involved are not ordinary junior lawyers.

As for the rest...

"Click-clack!"

now.

In the audience, Wei Yuan sat in a chair, his face grim and his expression unpleasant as he looked at the proceedings.

His anxious breathing revealed that he cared more about the outcome of the trial.

On the other side.

Lawyer Wang Chao, holding his child, was restless and agitated in his seat.

From early August to nearly October now, almost two months have passed. Whether we can achieve results... we'll see now!

now.

"Bang bang bang!"

Three dull thuds echoed from the judge's bench.

Judge Zhao Zhong looked tired. He rubbed his temples, picked up the gavel with his right hand, and struck it three times.

"Silence! Silence!"

"If either the plaintiff or the defendant disrupts the court proceedings again, the judge will take legal action against you in accordance with the law!"

A loud sound echoed in my ears.

Inside the trial area, both sides paused for a moment, then fell silent, but their dark gazes continued to scrutinize each other.

The entire First Court.

Suddenly, everything fell silent. Not a sound was heard, and even the audience members were afraid of disturbing those above, so no one spoke.

See here.

Judge Zhao Zhong, dressed in his robes, slowly breathed a sigh of relief, but it didn't last long before his heart sank.

The facts of the case are clear.

The defendant's angle was very tricky, and their defense skills were...extremely strong!

The plaintiff, Wang Yan, suffered repeated defeats, and Du Teng retreated again and again, shifting from wanting Li Jie to die to trying to convict Li Jie; the prosecution, on the other hand, remained completely invisible.

If that's the case, then theoretically... it's time to deliver the verdict!

But the problem came again.

"How will it be judged?"

Judge Zhou rubbed his temples slightly, feeling a wave of fatigue. He looked at Zhao Zhong and asked in a low voice, "Should we change the verdict? Or uphold the original conviction?"

A revised sentence? What should it be? A prison sentence for the other party?

impossible.

The second instance court usually modifies the judgment based on the first instance's punishment, and the deviation is generally not too significant!

Li Jie was sentenced to death in the first instance. In the second instance, at most you could change it to a suspended death sentence or life imprisonment. If you directly change it to a 10-year fixed-term imprisonment... that would be a denial of the first instance. According to the law, it should be sent back for retrial.

So, should the first-instance ruling be upheld?

This will encounter tremendous resistance, firstly from the case proceedings, and secondly from public opinion—both are blocking them!

"But the judge's bench has a high degree of discretion, and if they make a rigid judgment..."

'

Another judge whispered among themselves, but then paused and shook their heads, saying, "But it won't get past the Supreme Court."

While judges' discretion is powerful, the Supreme Court holds the ultimate power of approval!

The court has already debated the case to this extent, and Li Jie's "intentional homicide" charge has been thoroughly refuted. If you still sentence him to death under these circumstances, then the Supreme Court will have something to say when it comes to the subsequent review and approval.

so.....

"As it stands, either it will be sent back for trial, or..."

Judge Zhou began slowly, then paused, and then, as if he had made a decision, uttered the rest of his words.

"Or, not guilty!"

Innocent!?

Zhao Zhong's pupils suddenly narrowed slightly, and his fingers felt as if they were being pricked by needles.

Innocent...can a not guilty verdict be reached?

Judging from the court proceedings and the facts of the case, it is acceptable.

With the charges dismissed and no further evidence to be presented for the remaining issues, the defendant can be acquitted based on the principle of "presumption of innocence."

Here comes the problem.

A case.

The verdict is never determined by just the details of the case!

"What if someone imitates him?" Judge Zhao Zhong took a deep breath, suppressed his throat, and said in a low voice, "The defendant Li Jie doesn't just represent one person."

"If you are acquitted, do you think it will encourage others to follow suit and cause another murder?"

can you?

Extremely high probability!

However, if the case is remanded to the first instance court as a result, and the first instance court subsequently finds the remaining acts to constitute a crime, then...

On the judge's bench.

The three judges suddenly fell silent, exchanging glances and sensing the pressure on each other's hearts, as if a mountain was pressing down on their shoulders. Only their anxious breathing could be heard.

After a long silence...

On the judge's bench.

Suddenly a voice came.

"Regarding this case, are there any objections to the facts?"

Judge Zhao Zhong looked exhausted, his eyes filled with a mixture of emotions, as he looked up and scanned the room.

The words were spoken.

The plaintiff is in the plaintiff's seat.

Lawyer Du Teng adjusted his breathing rhythm, took a deep breath, and then slowly stood up.

Then, he glanced at Xu De, paused slightly, and a faint smile appeared on his face.

Du Teng prepared a lot for this case, including... a scheme called "bribery"!

Whom are being lured by bribery?

The defendant, Li Jie? This cripple who's missing a leg and can be dismissed for a few tens of thousands of yuan?

No.

This kind of monetary incentive can be used, but it doesn't play a decisive role in guiding the overall case; therefore, the person he's enticing is...

Thinking of this.

Attorney Du Teng no longer focused on the defendant, but instead spoke in a calm tone, saying, "Your Honor, regarding this case, we believe... it should be remanded to the first instance for retrial."

"The prosecutor will investigate and fill in any gaps, re-indict, and then make a final judgment based on the contents of the indictment!"

Prosecutor...?

As soon as those words were spoken, everyone's expressions shifted, as if they had suddenly remembered something.

Yes.

If a defendant is found not guilty in the second instance, it means there were serious oversights in the prosecution and the first instance proceedings, which could lead to trouble!

Instead, the case was returned to the first instance, the indictment was amended, and the court proceeded with the trial according to the amended indictment... In this way, the defendant would not be sentenced for long, and the prosecution would not be held liable.

Both sides were very happy!

Du Teng is the plaintiff, and he has little power to push forward the criminal case. Xu De is the defendant, and his priority for denying a retrial is higher than his. But if... the prosecutor gets involved, the case could take an unpredictable turn!

His attitude could completely determine the direction of the trial!

Should we continue the debate? Or request a remand? Or... no objection?

Thinking of this.

Everyone swallowed hard and subconsciously looked at the prosecutor, who hadn't said a word.

now.

In the prosecutor's seat, Zheng Tong sat silently, his head slightly tilted, only the lower half of his face visible, his expression unclear.

Judging from the rise and fall of his chest... his inner self is clearly the complete opposite of his outward appearance!

Should the court order a retrial at the first instance, or should it be decided at the second instance?

No one spoke. Although they were anxious, they suppressed their emotions and forced themselves to wait quietly with their hands clenched tightly.

Wei Yuan clenched his fists, a few beads of sweat appearing on his palms. He stared at the other person as if he were going crazy.

Send it back...send it back. He committed murder and must be held accountable no matter what; hastily exonerating him would only diminish the authority of the judiciary.

After being sent back to the first instance for retrial, the sentence is only a few years, which is entirely in line with the punishment you deserve. You don't have to bear any responsibility, and you can even be considered to have done a good job. You should know that you are at a critical juncture now!

dock.

Lin Yue stared intently at the silent prosecutor, her eyes unblinking, though her breathing felt somewhat hot.

You could vaguely see her lips moving slightly.

Right is right, and wrong is wrong. Li Jie's murder was accidental; the claim of possession of a gun was merely an unfounded addition. If the case is forcibly remanded for trial and prosecuted as "robbery"...

Isn't that ridiculous?! Punishing someone for their crimes has always been a major taboo!

The crowd's gazes grew increasingly fixed, as if a series of figures were pressing down on the prosecutor's seat.

Zheng Tong's eyes were filled with a dark and conflicting light, his breathing became increasingly agitated, and countless chaotic thoughts were fighting each other in his mind, almost causing his expression to collapse.

at this time.

An idea came to his left.

The application to remand the case to the first instance court is valid. If the case is remanded for retrial, all the contradictions can be resolved. Moreover, Li Jie committed murder and must bear responsibility. According to the law, serving two or three years in prison is a perfectly normal sentence. Furthermore, the defendant would be happy to have his sentence reduced from death to two or three years!

The High Court will not be under pressure, and no one will follow suit! The case will be resolved smoothly, everyone will benefit, and it will be a win-win situation!

The prosecution has extremely high authority; if it so desires, it can remand a case for retrial based entirely on the facts!

Another thought was on his right.

No...no, the defendant's delight is based on deception, like being fickle and opportunistic. Essentially, it's about others exploiting information asymmetry to steal the other party's benefits.

But...

Zheng Tong felt his skin burning hot, like a red-hot iron plate, and his muscles tensed up, causing him to unconsciously exert force.

He gritted his teeth, remained silent, and clenched his fists, caught in a struggle between justice and humanity at the final moment of the trial!

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