Lawyer: Start with legal retaliation against infidelity!

Chapter 338 The Final Arrangements, The Court Hearing Arrives! [Two Chapters Combined, Requesting Monthly Tickets!]

The elements of the crime of drug trafficking are never singular. From Xu De's perspective, Zhao Rui is definitely a drug trafficker.

only..

"Oh, right."

"The sentencing for drug trafficking generally depends on the actual amount of drugs trafficked."

"Although the threshold for the death penalty for heroin is relatively low... well, you still need to have three or four hundred grams to be sentenced to death."

"I don't think Zhao Rui could possibly have that many."

As the three were about to leave.

As if suddenly remembering something, Zhang Wei leaned back down from his stand and sat back down in his chair, looking at the two people in front of him and saying, "After all, he is an addict, not a drug dealer with a stockpile."

"If I were to estimate... he has 100 grams?"

Upon hearing this...

Lin Yue, who was about to leave, paused and subconsciously looked at Xu De.

Conviction and sentencing are two different things.

Zhang Wei's meaning was clear: even if Zhao Rui could be convicted of drug trafficking, how high would the quality of the drugs Zhao Rui sold actually be?

To be honest, it's definitely not much, after all, he's just a user, having 100 grams would be considered a lot.

but.

The law determines punishment based on the total quantity sold!

According to Article 347 of the Criminal Law, the law generally divides criminal liability into four levels: imprisonment of not less than three years but not more than seven years, imprisonment of fifteen years, life imprisonment, and death penalty.

"However, it also depends on the specific type. Different categories lead to different standards for judgment."

"And what Zhao Rui touched, according to the law, although the standard for a 50-gram egg is just enough to reach the threshold for a 15-year sentence."

Zhang Wei thought for a moment, then frowned and couldn't help but remind Xu De.

In practice, the things Zhao Rui touched could land him in the death penalty...

"It would have to be at least 400 grams to be possible!"

Even if Zhao Rui were a madman, he wouldn't keep a pound of that at home.

so..

Relying on actual numbers to determine guilt is unlikely to result in a severe sentence.

But the problem came again.

"When did I say that the amount involved would be used for heavy sentencing?"

Xu De smiled and slowly said, "From the beginning, I said that the reason Yang Can had the accident was not driving under the influence of drugs, but rather a violation of the Criminal Law."

347 items!

After these words were spoken, Zhang Wei was slightly taken aback.

After pondering for a moment, he suddenly came to his senses.

What does this mean?

The investigation will focus on holding those responsible accountable for the "two deaths, three serious injuries, and five minor injuries" incident.

The so-called "driving under the influence of drugs," "trafficking," and "mental illness" are merely factors that influence the severity of the punishment based on the "consequences." Xu De doesn't care how many grams of drugs were actually trafficked.

What he wants is the criminal act itself that can influence the sentencing to be more severe!

for example.

If someone deliberately runs over and kills two pedestrians while driving, what will the law say?

Severe punishment! Death penalty!

But what if someone falls unconscious while driving and subsequently hits and kills two pedestrians? In this situation, where the consequences are exactly the same as described above, how would the law rule?

No responsibility!

Both cases involved killing two people in a car accident, with the same consequences, yet the verdicts were vastly different.

The basic logic of legal judgment is simply "factual consequences" + "factors that led to the consequences"!

"Zhao Rui didn't sell many, so the amount didn't have too many consequences."

"But don't forget, the cases we handled, with their 'two deaths, three serious injuries, and five minor injuries,' all stemmed from the very act of 'poison trafficking'!"

Xu De said to Zhang Wei, "In other words..."

"Drug dealer Zhao Rui, in order to evade police pursuit during a drug trafficking operation, killed two people, seriously injured three others, and slightly injured five others."

"This is what we're suing!!!"

In an instant.

Zhang Wei's mind suddenly became clear, and he opened his eyes as if a nerve had been connected to him.

Yes!

The total quantity sold may not necessarily lead to a heavy sentence for Zhao Rui.

However, if the court determines that the act resulted in "two deaths, three serious injuries, and five minor injuries," and was not caused by drug driving or mental illness, then the final sentence will definitely be severe!

Leaving aside other factors.

The combination of the crime scene "Yangcan" and the charge of Article 347 of the Criminal Law is remarkable.

Even the most indifferent person would be alarmed if they saw these two words appearing in the same file!

In this situation, will the court give a lenient sentence? No.

and so.

"The problem we face right now is not the specific sales volume."

"But rather..."

'

Xu De paused, then continued, "How can we prove that Zhao Rui did indeed traffic drugs?"

"So, the paper bag Zhang Yao took from the Junting Tiandi villa area, was it filled with heroin?!"

Right now, only this one question remains.

According to the extremely obscure legal provisions proposed by Xu De, Zhao Rui does indeed fully fit the definition of "drug trafficking" from a legal perspective.

The problem is that it must be proven that the paper bag that pharmacist Zhang Yao handed over to the tobacco and liquor store did indeed contain heroin!

Can you prove it?

From the perspective of reasoning chain.

2003年9月24日当天下午6：30—

During the 45-minute period, only Zhang Yao was present, so only he could have taken the heroin away from the "Junting Tiandi" villa area.

Almost 100%!

From the perspective of the chain of evidence, it cannot be proven at present.

However, judging from Xu De's attitude, the problem is clearly not serious, or rather, not a difficult problem to solve.

after all..

"I'll say it again."

"For an ordinary person to destroy the existence of heroin is practically impossible!"

"Zhang Yao was careful; if the paper bags he gave us had ever contained drugs, then... they could be detected!"

After thinking it over, Xu De decided what he needed to do.

The theory holds true, so... let's begin the practice!

The first step is...

"Proof must be provided!"

The next day.

10 month 4 day.

Xu De handed over the paper bag he received from Zhang Yao to a drug testing agency commissioned by him, for routine testing rather than a judicial determination.

There is no other reason.

There is insufficient evidence to initiate a forensic medical examination.

After presenting the evidence, Xu De returned to the hospital and began to observe the client's injuries and treatment.

10 month 5 day.

Once the initial procedures of the appraisal agency were completed, the appraisers began to conduct the appraisals casually and routinely, following the established procedures.

At the same time.

In Haicheng, prosecutors Zheng Tong and Liang Bingxin from the municipal people's procuratorate went to the hospital designated by the higher court to assess Zhao Rui's mental illness and investigated the doctor who made the assessment.

Logically speaking, the other party is very likely to have been bribed by Zhao Tianhe.

If the issue of the "psychiatric evaluation" can be identified before the trial and verdict, then the prosecution will still have a chance to win.

It's just a pity...

The civil engineering industry has long since come up with all sorts of creative ways to "give money away."

No matter how hard Zheng Tong investigated, the collusion between the doctor and Zhao Tianhe remained undiscovered.

The result was still nothing.

The case has reached a stalemate.

10 month 7 day.

Inside the hospital.

Among the six victims, Dong Fen and Wang Fuwei approached Xu De several times, trying every kind thing they could think of, but they still couldn't get him to talk.

Ultimately, they had no choice but to comply.

Dong Fen and Wang Fuwei had no choice but to go to a law firm and spend a lot of money to hire a lawyer.

10 month 8 day.

Prosecutor Zheng Tong re-interviewed the suspect, attempting to refute the charges from psychological and other perspectives.

Apart from that.

Zheng Tong applied to the higher court again for a new mental evaluation, but the application was rejected by the higher court due to a lack of convincing reasons.

The suspect, Zhao Rui, was also very stubborn, or rather... Zhao Rui didn't take the prosecutors seriously.

His nonchalant attitude in the detention center was infuriating, yet frustrating.

But time keeps slipping away.

Suddenly, the case reached a stalemate, until...

10 month 9 number.

In Haicheng, at a drug testing and identification institution.

The tester tilted his head as he looked at the positive test report in his hand.

He stared at the report in silence for a long time, when suddenly a voice that sounded somewhat doubtful about life rang out.

"No...this is cannabinoids?"

"That's not right, the broad-spectrum mass spectrometry screening didn't detect any cannabinoids..."

'

The inspector was shocked. He looked at the test report in his hand, rubbed his eyes in disbelief, blinked, and after confirming that it was not a hallucination, a look of suspicion appeared on his face.

The sample to be tested was a paper bag.

The agency is accepting an individual's commission for an appraisal.

The other party's requirement for identification is that "cannabinoids are present in the paper bag; if not, they should be identified by needle." This requirement is not excessive, and identification is generally carried out using broad-spectrum mass spectrometry screening.

and so.

The testers confirmed that the spectrum clearly showed no cannabinoids present.

But then a problem arises...

"This spectrum... why is it so unusual?"

The inspector stared at the spectrum, lost in thought. After a long pause, he hesitated before deciding to expedite the process, following his instincts.

Be aware of and comply with the institution's regulations to conduct professional identification of the tested items.

10 month 10 day.

The drug testing agency contacted the police in Haicheng with extreme speed.

Before the operator could even ask a question, the inspector's extremely shrill voice echoed throughout the entire police station via the loudspeaker.

"Which bastard sent heroin to my organization under the guise of cannabinoids?!"

That same day, the beast was caught.

10 month 11 day.

The beast has been "released from prison".

Haicheng.

Ruijin Hospital, at the entrance of the lobby.

Several prosecutors squatted at the hospital entrance, surrounding a young man in a suit who had just been released from prison and was returning to the hospital from the police station. He had a calm expression on his face.

"So, that's how it happened," Xu De said to several prosecutors as he came out of the detention room and stood at the hospital entrance.

Upon hearing this...

Prosecutor Zheng Tong stared at him with an expressionless face for a long time before slowly saying, "So, you just wanted to see 'Zhang Yao,' but you didn't expect Zhang Yao to confess on his own?"

Xu De nodded. "Yes."

Prosecutor Zheng Tong then asked, "Zhang Yao thinks the things he sent over are drugs? So you want them tested?"

Xu De nodded again, "Yes, because I think it's not a drug, it's cannabinoids."

Hear this.

Zheng Tong couldn't hold back any longer. He said, "Are you sure? It's probably because they knew the drug testing center wouldn't test heroin, so they sent it in under the guise of testing cannabinoids for mass spectrometry, right?"

Faced with such baseless accusations.

Xu De immediately became serious, and with a solemn expression, he said to the prosecutors, "How is that possible?"

"Am I the kind of person who exploits loopholes in the rules!?"

Liang Bingxin couldn't help but ask, "Then why did you specifically request mass spectrometry testing? Isn't it because this thing can detect abnormalities?"

"No!"

Xu De shook his head. "It's definitely because this thing is professional; it can better identify whether there are cannabinoids!"

The two prosecutors remained silent.

Drug testing can only be performed by forensic institutions.

Ordinary testing agencies, not to mention explicitly refusing to accept drug testing, even if they do, lack the professional equipment for testing.

However, drug testing agencies are different; they accept cannabinoid testing commissioned by individuals.

Cannabinoids can be detected using mass spectrometry.

What a coincidence!

Mass spectrometry is also a professional technique for identifying drugs!

The inspector can detect spectral abnormalities 100% of the time just by using this thing to test.

As long as there is an anomaly... Although there is no strict legal provision that any anomaly must be investigated thoroughly, in practice, any formal and rigorous institution will generally test for such things.

After the test is completed, if it is confirmed to be poison, then... we will immediately call the police!

But then again...

The agency does not conduct drug tests!

"Do you know what the inspector said when he contacted the police?"

Prosecutor Zheng Tong spoke quietly.

He called you an animal.

"Why are you insulting me?"

Xu De waved his hand, frowned, looked at the hospital certificate that was being blocked by the other party, and asked doubtfully, "Did I break the law?"

Zheng Tong: ...

"No...it's not illegal."

"Is it against the rules for me to request mass spectrometry to detect cannabinoids?" Xu De asked again.

Zheng Tong remained silent for a moment before replying, "It's...compliant."

"So, did I know for certain that there were drugs on the paper bag? Or did I request the agency to test it when there was evidence and proof that there was heroin residue on the paper bag?" Xu De asked again.

Zheng Tong's lips moved for a long time, but in the end, he shook his head: "No...no."

There was no clear evidence to suggest that the paper bag contained drugs.

All chains of reasoning... are just that—reasoning.

That's how it is.

"Then I neither broke the law nor violated regulations, and from an objective point of view, it is impossible to prove that I did it intentionally."

"If that's the case..."

Xu De shook his head, feeling that his reputation had been ruined by these people with ulterior motives.

"What right did he have to insult me?"

He paused, then frowned.

"Did Zhao Tianhe pay him to spread bad rumors about me on purpose?"

Xu De felt that he had been set up by capital.

Looking back now, it's likely that Zhao Tianhe had already noticed me when I was in Green Forest City, and that he had a premonition that I would clash with Zhao Rui.

So, starting from Green Forest City, they began to spread rumors about their bad reputation!

No wonder so many people misunderstood him along the way, making him feel like he was walking on thin ice and every step was difficult.

It's all Zhao Tianhe's fault!

"That guy is really wicked," Xu De shook his head and sighed.

For a fleeting moment.

Zheng Tong and Liang Bingxin almost thought that Xu De had indeed been framed, but they quickly came to their senses.

"Alright, stop fooling around, kid."

"If you have evidence, just tell the authorities early on. Why bother with all this research and testing? Do you think it's a good deal to get a free night in a detention room instead of paying for a hotel?"

Zheng Tong was speechless and sighed.

However, he understood.

After all, the paper bag Zhang Yao gave us... theoretically, it doesn't provide any evidence to support it, and can only be considered a point of suspicion.

It is permissible for ordinary citizens to provide evidence.

However, he is a lawyer, and according to lawyers' guidelines, he cannot present evidence arbitrarily. Therefore, in theory, it is also compliant to conduct the test first and then present the evidence.

After all, Xu De didn't know whether there were any residues on the paper bag.

Zheng Tong paused for a moment, then changed the subject and casually added, "However, this paper bag isn't very important."

"The presence of heroin in the paper bag confirms that Zhao Rui used drugs and that the drugs were transferred to Sun Rui's side."

"The police knew about these two pieces of information long ago."

"You shouldn't know this as a lawyer, but I'll tell you now while you're back at the hospital."

If heroin is found inside the paper bag, then we can conclude one thing.

In other words: Zhao Rui really did use drugs!

But here is the problem.

Based on the specific metabolites detected in the hair follicles, the police were already aware of Zhao Rui's drug use.

As for not finding drugs? From the perspective of "controlling Sun Rui," the police knew where the drugs were, so the paper bag Xu De found...

This only confirms the speculation that the missing drugs may have been transferred to Sun Rui.

Apart from that, it had no effect whatsoever; it could neither refute the claim of mental illness nor verify that the incident occurred while the driver was under the influence of drugs!

"Yes, I know."

Xu De nodded and cooperated actively without offering any objection.

But the words came back again.

"I told you the information you gave me is completely useless... Aren't you worried? Why are you being so cooperative?"

Prosecutor Zheng Tong suddenly spoke, glancing at Xu De with suspicion.

"Zhang Yao told the police that excessive cooperation is also a form of non-cooperation."

"Are you thinking of something crazy?"

Upon hearing this, even Liang Bingxin became puzzled.

If it were an ordinary person, they wouldn't care; they wouldn't bother. But Xu De was different.

This guy is like a child; if he doesn't say a word, he's definitely holding back something big!

The test report from the shooting incident already cost them dearly, and now this attitude... it's hard not to draw parallels.

"No, why would you think that about me?"

Xu De was taken aback, a chill ran down his spine, and he almost felt that he had been discovered.

He took a deep breath and said in a deep voice, "Prosecutor Zheng, Prosecutor Liang, we've known each other for a long time, and we're practically friends."

"You made a mistake in handling the case before."

"And since we're teammates on this case, the more I investigate, the better you can patch up any mistakes, right?!"

His tone conveyed a sense of being betrayed by his good intentions.

just.

"Ha, how did we make that mistake?"

Prosecutor Zheng's eye twitched.

Xu De waved his hand, "Sigh, let's not talk about it, let's not talk about this anymore. What's past is past. Anyway, I can make up for any mistakes you made now."

Upon hearing this...

The two prosecutors simply rolled their eyes and ignored them.

But changing the subject, he added, "Alright, I also have another small matter to discuss with you this time."

"The victim's family member, Dong Fen, hired a lawyer for her child, but yesterday... the court inquired with Dong Fen about the fact that another child, Shi Tou, did not have a lawyer."

Dong Fen... is that the woman who didn't even recognize her own child?

Xu De paused for a moment, then raised an eyebrow.

"How so?"

Liang Bingxin said, "What else can I say? Dong Fen now knows Shi Tou's identity... Well, the child had been lying on the other side of her wall for more than half a month, and she only found out about his identity through a court notice."

"Not to mention others, even her husband Wang Fuwei was a bit taken aback."

"As for Dong Fen herself... she seems to be emotionally unstable right now, and she's very quiet."

"You probably won't be able to see her if you want to. She probably wants to understand why you treated them that way at the beginning of the case. After the news spread, everyone on the floor was gossiping about it."

As he spoke, Liang Bingxin clicked his tongue in amazement.

In all his years as a prosecutor, this was the first time he had ever met someone like this.

Xu De, however, showed no intention of meeting the other party.

Wang Fuwei would certainly be unhappy if he took over the stone case after that.

After all, if it's a paid service, Wang Fuwei will have to pay; if it's free... Wang Fuwei will resent paying such a high commission fee for his own child.

Furthermore, if not handled properly, even after receiving compensation, the other party might try to take advantage of it, since Dong Fen is the biological mother and has the right to receive the money.

Although the two seem to have more than that at present.

But one should always be wary of others!

"Ha, the effect is even better than I expected."

He smiled, which meant he understood the situation.

"Okay, I understand."

"I'll find a lawyer and ask him if he agrees."

The words were spoken.

Xu De then walked to the side, and after taking a few steps, he took out his phone, thought for a moment, and dialed a number.

[Contact Person: Lawyer Zhao Chenggong!]

"Beep~"

"Feed... Attorney Zhao..."

"Done."

Xu De hung up the phone and returned to the prosecutor.

"Found it. The other party is quite willing to take on the Stone case for free. Hmm... he'll be with me at the trial."

"Is there anything else you two need? If not... then I'll go to the hospital first. I need to find out the details of the injuries from the client."

See here.

The two prosecutors didn't say anything more, they just stepped aside to let the other person pass.

Watching the other person's departing figure.

Zheng Tong clicked his tongue slightly, and after a moment, shook his head and said, "Tsk, introducing a case to an acquaintance... They even dare to introduce difficult cases."

The case is difficult.

"Drug driving cases seem easy to prosecute, but the defendant handled it very cleanly, so it cannot be considered a drug driving case. The existing conditions are also insufficient to constitute endangering public safety. It can only be classified as a traffic accident."

Traffic accidents compounded by mental illness... even if the other party cannot be exempted from responsibility, the sentence will be drastically reduced.

Cases like this...

He dares to introduce him to acquaintances.

"I don't know where they get their confidence from."

The two prosecutors shook their heads slightly, then stopped discussing the matter and continued their investigation.

And so this little incident passed.

Time seemed to be fast-forwarded at this moment.

10 month 13 day.

The defendant learned that the paper bag contained heroin.

Hongda Law Firm conducted an in-depth discussion on this matter and, after considering it from multiple perspectives, ultimately determined that this piece of evidence impacted the case's insufficiency.

same time.

Zhao Rui relapsed into drug addiction while in detention, and his lawyer, Cai Peng, claimed that he was experiencing a psychotic episode, using this as evidence to support the psychiatric evaluation.

10 month 15 day.

As time went by, the case became known to more and more people.

First, there's the public opinion. While not as massive as that of a shooting incident, it's still considerable and has reached a considerable scale.

Zhao Chenggong, a lawyer from Chuangyue Law Firm, was overjoyed. He had signed a retainer agreement with Dong Fen, which was free, but being able to stand out in such a big case and have someone to guide him felt like a windfall.

In this regard.

His legal colleagues expressed their utter contempt, calling him a dog, but Zhao Chenggong felt that following them meant he not only got soup but also meat, so being a dog was well worth it!

Also.

The attitude of its peers towards Hongda Law Firm is rather perplexing.

Most local lawyers are well aware of the formidable nature of Hongda Law Firm, and are also aware of the capabilities of lawyer Cai Peng.

The other party really has the ability to turn black into white and white into black!

10 month 20 day.

Haicheng, a prosecutor at the municipal-level People's Procuratorate, has completed the review and prosecution stage.

On the same day, the prosecutor filed a public prosecution with the Haicheng Intermediate People's Court in accordance with the law!

The case was accepted on the 22nd, and the court announced that it had been accepted and the trial had officially begun.

The court hearing is scheduled for October 25th!

10 month 23 number.

Two days before the trial, public opinion began to rise, and the already emerging public opinion started to be discussed in the streets and alleys.

Colleagues in Haicheng began to pay attention to the progress of the case.

10 month 24 day.

The day before the court hearing.

All three parties were making their final preparations!

The prosecutor frowned as he repeatedly examined the indictment documents, which filled an entire briefcase. Several people gathered together to discuss the various possibilities that might arise during the trial.

The defendant reviewed the final defense materials, and lawyer Cai Pengqi's team continuously refined the defense logic, ready to dismiss all charges as soon as the trial began!

Civil litigation agent...

The civil litigation lawyer has remained completely inactive for nearly twenty days, appearing remarkably quiet, as if not involved in the criminal proceedings.

He seemed honest and simple.

And in this moment, as if on the eve of the college entrance exam, everyone's heart tightens...

Time has come...

The last day.

May 10st!