Lawyer: Start with legal retaliation against infidelity!

Chapter 341 Prosecution: What do you mean I have to fight two groups of people?!

The courtroom is a place of great importance.

The prosecution and the defense generally only have the authority that their positions entail. For example, the defendant cannot accuse the plaintiff of a crime, or the prosecutor cannot defend the party.

But here is the problem.

To which party does a civil litigation agent belong?

It depends on their role. In a civil court, they are the plaintiff, which overlaps with the prosecution; both are the accusers.

Therefore, both from a common sense and legal perspective, civil litigation agents and public prosecutors can be considered as teammates.

But now, prosecutor Zheng Tong wants to ask a question.

"What did you say?!"

The prosecutor's stand.

Prosecutor Zheng Tong's pupils contracted, and he couldn't help but retort instantly, his voice echoing in the first courtroom, sounding somewhat sharp.

Is it reasonable to believe that the constituent elements of "driving under the influence of drugs" are unreasonable?

Which side is this?!

"Court of civil litigation representatives, are you certain of what you've said? Before answering, I'd like you to first understand your own position!"

Prosecutor Liang Bingxin, also feeling anxious, hurriedly spoke up to remind him.

"You are the legal representative in the civil suit!!!"

These words were spoken.

In the first courtroom, the others also came to their senses, whispering among themselves and looking surprised.

The judges were also stunned, wondering what was going on.

The opposing party is the civil litigation agent, and their corresponding duties and powers are to pursue their civil liability for compensation.

In other words, Xu De's goal was to hold someone accountable and extract more money!

Legally speaking, the more egregious the offense, the more compensation the party involved will have to pay. Therefore, if Xu De is only held accountable for "causing a traffic accident," he is unlikely to receive much compensation.

But if it's "driving under the influence of drugs" or "endangering public safety," then the amount of compensation you can claim is much greater!

But right now... what do you mean by not driving under the influence of drugs?

That's what a defense lawyer should say! It can't be that the defense lawyer got carried away by the "shooting incident" and acted subconsciously even now.

React!

"Prosecutor, we are absolutely certain!"

"The suspect in this case, namely the defendant Zhao Rui, was not driving under the influence of alcohol or drugs during the time of the incident on the afternoon of September 24th."

In the defendant's seat.

Xu De stood in front of the table, his expression calm as he slowly spoke, his voice very flat.

"We believe that the defendant's statement is consistent with the facts of the case."

"Firstly, the prosecutor's accusation regarding the suspect's 'driving under the influence of drugs' was based on 'corroborating evidence,' and there was no other evidence to directly dispel doubts and establish the facts!"

"According to Article 55 of the Criminal Procedure Law, this law clearly states: 'The judgment of all cases must be based on evidence and thorough investigation, and confessions should not be readily accepted!'"

"The interpretation of 'sufficient and conclusive evidence' requires three elements."

talking.

Xu De paused slightly.

He smiled and glanced at the defendant.

He immediately reached out and, under the watchful eyes of the two prosecutors who seemed to want to devour him, pulled a document from his briefcase.

The so-called three requirements are: evidence, legal procedure, verification, and elimination of reasonable doubt!

"This is the core legal provision of the standards of proof in criminal proceedings, and the cornerstone of preventing wrongful convictions!"

"Regarding this case."

"The supplementary materials provided by the prosecution could not prove that the suspect Zhao Rui" used drugs on the day of the incident, the 24th.

"Although the morphine level in his body reached the threshold, it cannot be ruled out that it was caused by cough syrup!"

Morphine is a crucial element of the case, but one that the prosecutor is powerless to address.

Why?

After all, common sense dictates that the human body is like a stomach with a limited capacity. Zhao Rui took heroin, which produced 0.5 morphine, and then took cough syrup, which produced another 0.5, for a total of 1.

At this point, couldn't the police deduce from the total number of cough syrup bottles Zhao Rui consumed that these cough syrups would produce a total of 0.5 units of morphine in his body?

Then, subtract the amount of morphine produced by the cough syrup from the total amount of the human body, i.e., 1 - 0.5 = 0.5.

The fact that the human body still has 0.5% morphine, exceeding the threshold but of unknown origin, does not prove that the other party was driving under the influence of drugs.

And he had used heroin before driving!?

In reality...

No.

Why?

Because the human body metabolizes!

First, morphine is metabolized at a moderate rate, with a half-life generally between 2 and 3.5 hours, starting from the time of ingestion.

Before driving, Zhao Rui would take the drug and then have several hours to experience its effects.

Then, when the crime was committed and he arrived home, although the morphine level in his body exceeded the threshold, it was actually not much.

then.

Taking cough syrup at this time will cause a large amount of morphine to be generated in a short period of time!

Ultimately, even after subtracting the amount of cough syrup produced from the total morphine content, the remaining morphine...

This can be explained by the fact that different people produce different amounts of morphine from the same bottle of medicine!

and so.

"Your Honor, in our opinion..."

"It is impossible to accuse suspect Zhao Rui of driving under the influence of drugs and engaging in dangerous driving solely based on an excessive level of morphine."

Xu De suddenly spoke again slowly.

This time, his voice was steady, his tone serious, and his expression very solemn.

Judging from his appearance, if you didn't know he was on the civil prosecution side, you'd probably mistake him for Zhao Rui's defense lawyer!

Unfortunately...

The defendant's lawyer, Cai Peng, had not yet had a chance to speak.

Angri shouts erupted from the prosecutor's seat.

"objection!"

"Your Honor, objection! Our evidence is not based on the 'morphine' content, but rather on the specific excretions found in 'hair'!"

Prosecutor Zheng Tong interrupted Xu De directly.

at this time.

His face was flushed, his eyes burned with rage, his fists were clenched, and the veins on his neck bulged.

Beside him.

Prosecutor Liang Bingxin was also furious and reiterated his position and basis.

"Based on the expert report received from the physical evidence, it can be fully proven that the defendant took it between the 21st and the 24th..."

'

The two have been litigating for their entire lives, handling countless cases, including many difficult, complex, and major ones!

but..

They had never encountered anything like this before, where the plaintiff directly dismissed their charges in court!

This is insane... They must have been paid to do this...

It's not uncommon for the opposing party to bribe a lawyer, who then abandons the client's interests and colludes with others in court.

Zheng Tong and Liang Bingxin really wanted to curse.

but.

The two reacted extremely quickly, realizing the court proceedings were underway in just a few seconds.

They're going to fight two groups at the same time!

only..

"We have not strayed from our core objective!"

"Prosecutor's seat, please ask your question."

"It is true that the defendant used drugs before the incident, but... according to the Criminal Law, what is the basis for determining the condition of a driver?"

Without hesitation, Xu De threw out a question.

As soon as these words were spoken, the expressions on the faces of the two prosecutors instantly turned ugly.

The basis is...

"The quantitative standards for determining the level of antibodies in the individual's body at the time of arrest!"

"That is, the concentration of blood (preferably)/saliva at the time of detection will be used as the basis for judgment, not the length of time the medication has been taken."

The time of drug use is only used as supplementary evidence in the case and cannot be used alone to determine drug driving.

"It is specified in the quantitative identification standard 'Thresholds and Testing of Drug Content in Vehicle Drivers' Bodies'."

"Blood morphine and 6-monoacetylmorphine threshold: ≥10 ng/mL!"

Therefore, whether or not it should be classified as driving under the influence of drugs will ultimately depend on the test conducted at the time of arrest.

"That is, the 'morphine content'!!!"

Xu De refuted the other party's logic.

"That's exactly what we said before."

"Based on the current case facts, it is impossible to reasonably rule out suspicion, and the possibility of morphine-based cough syrup being present in the defendant Zhao Rui's system cannot be ruled out!"

"According to Article 55 of the Criminal Law, which outlines three essential elements for conviction, the defendant should not be convicted due to insufficient evidence!"

A logically closed loop, the words were spoken in a completely legal and compliant manner.

The defendant's lawyer, Cai Peng, widened his eyes and stared at him in disbelief.

Cai Peng first looked down at the defense documents in his hand.

He looked up at Xu De again.

Ultimately, it was discovered that...

"Was it done on Mr. Zhao's end?"

Standing in front of his seat, Cai Peng couldn't help but whisper a question to those around him.

What the other party said... in some ways, is no less impressive than the defense materials he has!

So, could this person really have been bribed by Zhao Tianhe? That makes sense; after all, the legal profession is profit-driven, and such incidents happen frequently, while Zhao Tianhe is certainly not short of money.

Unfortunately.

"I...I don't know."

The lawyers from Hongda Law Firm were also at a loss, looking at each other blankly.

The plan did not include the expectation that the opponent would turn against them.

"That's strange..."

'

Cai Peng's heart pounded. He shifted his gaze to Xu De, staring intently at him while muttering to himself.

Those eyes seemed to try to see through the other person, but all that remained was a fog.

"In summary."

"Your Honor, we believe that, in this case, the party involved does not constitute 'driving under the influence of drugs'."

The consequences of the case stemmed solely from a traffic accident.

Plaintiff's seat.

After Xu De finished speaking, he slowly sat down and did not express his opinion further.

only.

As soon as he sat down, he saw the prosecutor's gaze fixed on him from the prosecutor's seat on the side, a gaze that seemed to look at a dead man.

Zheng Tongliang's face was ashen, just like a terracotta warrior that had just been unearthed.

They thought that since the other party was no longer an opponent in the shooting incident but had become an ally, things would be much easier for them. Who would have thought...

Backstabbing someone can be considered teamwork?!

a long time.

Prosecutor Zheng Tong took a deep breath and slowly said, "Your Honor, the prosecution is taking a conservative stance on the aforementioned issues..."

"Furthermore... we would like to make the following statement."

"The civil prosecutor's seat does not grant the authority to participate in the prosecution and defense in criminal cases!"

"The victim's authorization is limited to civil claims!"

Conservative attitude...

In other words, is it still considered driving under the influence of drugs?

"this..

'

On the judge's bench.

Judge Lü Guang frowned, a thought flashing in his eyes.

The civil and public prosecutors openly clashed in court, with the public prosecutor even arguing that the civil prosecutor "lacked authority" and that their statements were not truthful. This is quite unusual.

The problem is that what Xu De said is indeed reasonable.

No matter how much the prosecution presented test reports to prove that Zhao Rui had used drugs a few days before the incident.

But the truth is, this thing can only serve as supporting evidence!

for example.

It's still a metabolic issue.

If you drank alcohol three days ago, but your body's metabolism is extremely slow, and your blood alcohol content is still above the legal limit, you are in a state of "drunkenness".

So, if you hit someone with your car, can you say that you drank alcohol three days ago and that you weren't driving under the influence?

No, on the contrary.

After the police measured your blood alcohol level, they found that you had been drinking three days prior. This confirmed that your alcohol level was caused by drinking three days ago.

Ultimately, it will still be classified as drunk driving!

and so.

"Supporting evidence plus other evidence—that's the basis for a trial."

"The evidence of the duration of consumption alone is insufficient for confirmation; we need to rely on the composition in the blood, but the composition itself is questionable."

Judge Lü Guang frowned, his mind in turmoil.

"At this point, because the issue remains questionable, the case should be treated under Article 55 of the Criminal Law."

"If doubt cannot be ruled out, then it 'does not constitute' a crime!"

In summary.

Frankly speaking, the evidence against the charge of "driving under the influence of drugs" in the indictment is indeed difficult to establish.

"Defendant, do you have anything further to say regarding this case?"

After thinking it over, Lü Guang finally narrowed his eyes and looked at the defendant's seat.

He felt there was something fishy about the case.

That's really strange!

The civil suit, which should have been on behalf of the client seeking compensation, unexpectedly joined forces with the defendant's seat to attack the public prosecutor's seat, catching everyone off guard... It's hard not to suspect some kind of collusion involved.

only..

Lawyer Tsai Peng, one of the suspects, clearly didn't know what was going on either.

However, upon hearing the answer, a sense of surprise welled up inside me.

Regardless of why Xu De defended him, why he helped the defendant, or whether he received money... in short, the "driving under the influence of drugs" factor has been completely eliminated!

As long as there's no drug-impaired driving, then it's extremely advantageous for him; he can just use it himself!

"Your Honor, we agree with what the plaintiff has said."

Without any hesitation, lawyer Cai Peng went straight to the microphone to express his stance.

"No further objections!"

Never mind whether what you're facing is a pit or not.

Even if he knew it was a trap, Tsai Peng had to jump in. After all, although his entire defense logic was meticulous, not a single point could be undermined, and the "no drug driving factor" was of paramount importance!

If that's the case...

After the court clerk records the case progress and resolves the issue.

Judge Lü Guang slowly began to speak again: "The defendant's dock."

"Regarding the indictment filed by the prosecutor in this case...do you have any further objections?"

The case unfolded gradually, with the prosecution and defense engaging in a battle of wits, addressing each issue one by one, based on the indictment.

There are two problems with Zheng Tong's accusations: first, driving under the influence of drugs, and second, "intentional homicide"!

in other words.

In other words, what caused this case?

only......

Neither Cai Peng nor the judge noticed.

After the court ruled that the "driving under the influence of drugs" issue was resolved, the prosecution breathed a sigh of relief...

Xu De, the plaintiff, breathed a sigh of relief, and a slight smile appeared on his lips.

The absence of drug-impaired driving was important to Tsai Peng, but equally important...

It's also crucial for me!

At this time.

dock.

After a moment's thought, Cai Peng decided to proceed with the case according to the plan. He replied, "Your Honor, the indictment states that our client is guilty of intentional homicide under Article 232 of the Criminal Law."

"We strongly object to this!"

The words were spoken.

Without hesitation, lawyer Cai Peng lowered his voice and reached out to pull out a "Certificate of Mental Illness Assessment" from his briefcase.

He held it high.

"This is our client, and it has legal validity. The assessment was conducted by a hospital randomly designated by the higher court."

"The evidence clearly states that our client suffers from intermittent mental illness that is completely uncontrollable."

"On September 24th, the day of the incident, the victim was maliciously attacked by the deceased, Liu Ping, at an intersection, which triggered a psychotic episode. While completely unable to control his body, he committed the crime."

According to Article 18 of the Criminal Law.

"A mentally ill person who causes harm when unable to recognize or control their behavior, and whose condition is confirmed through legal procedures, is not criminally liable!"

"That is, in this case, the cause was a psychotic episode in my client."

Speaking of which...

Cai Peng's voice deepened again, a resounding tone emanating from his chest, his words firm and resolute.

"It was definitely not due to driving under the influence of drugs and deliberately evading the police!!!"