Lawyer: Start with legal retaliation against infidelity!

Chapter 342 A Two-Way Reversal! [Two-part summary requesting monthly votes!]

The job of a defense lawyer is to remove the unfavorable factors and then make amends for the client's behavior.

Zhao Rui's disadvantage was naturally the factor that caused the accident while driving, namely, driving under the influence of drugs.

Right now, although the person was taken away for driving under the influence of drugs without explanation, you still have to give a reason for the tragedy, right?

and so.

"My client suffers from intermittent psychosis!" Defense attorney Cai Peng said solemnly.

The moment these words were spoken, a slight uproar erupted in the entire courtroom.

A commotion broke out in the gallery, and whispers drifted onto the stage.

"Mental...mental illness? Wait, aren't mentally ill people irresponsible?"

"It's not that they are not responsible. If they are mentally ill and meet certain conditions, they will still be liable for civil compensation for their crimes...it's just that they will not be criminally liable."

"Two people were killed in the accident, what's the point of paying compensation? They'll definitely only pursue criminal charges!"

"Isn't this suspicious? I've never heard of the defendant being ill before. How come he suddenly developed an illness after hitting someone? Isn't this just an attempt to evade responsibility?"

'

The hundreds of people in the gallery were all stunned.

Some were taken aback, some were confused, and some even frowned as they analyzed the situation.

Unfortunately, no matter how they thought about it, they seemed to have anticipated that the trial would fall into an unfavorable situation!

no way.

Looking at all the legal cases in the East.

If one party produces a psychiatric evaluation report during the trial, then that party can basically secure the victory.

This leads to the frequent occurrence of powerful and influential individuals obtaining a mental illness assessment for themselves after committing crimes...

It seems to have become a standard procedure for getting off the hook!

"Mental illness... even at its worst, only means the person bears partial responsibility." If it can be determined that it is "intermittent mental illness..."

'

"100% no criminal responsibility, sentence is 'compulsory medical treatment'!"

The commotion from the audience reached the trial area.

In the prosecutor's seat, prosecutor Zheng Tong looked grim, his gaze dark, and his fists clenched tightly.

Beside him.

Prosecutor Liang Bingxin said in a low voice, "Even if 'compulsory medical treatment' continues, the patient can be declared cured and discharged after a year!"

Upon hearing this...

Zheng Tong's heart sank once again.

Once Tsai and Peng confirm the other side's key points, he can completely predict what will happen next; it's simply a matter of...

Mental illness exemption—exemption from liability necessitates mandatory medical treatment—the attending physician declares the patient cured.

No.

Even during compulsory medical treatment, Zhao Rui might not necessarily be in a mental hospital! And even if he is, his treatment would be no different from that outside!

The only way to prevent all of this from happening is to definitively prove that the incident was caused by "driving under the influence of drugs"!

This is why the prosecution had previously gone to great lengths to insist on this point.

Unfortunately...

Thinking of this.

"Damn lawyer!"

Prosecutor Zheng Tong slightly turned his head, glared fiercely at Xu De out of the corner of his eye, and gritted his teeth in anger.

"They took the money...they definitely took the money!"

He couldn't understand why a lawyer in Haicheng would dare to do something like this!

Without further hesitation, he looked up at the judge's bench.

"objection!"

"Your Honor, we believe there are doubts regarding the statements made by the opposing defense attorney!"

"First of all, the person involved, Zhao Rui, has never been diagnosed with any mental illness since birth, whether through social relationships or routine physical examinations!"

"Isn't it too much of a coincidence that he was diagnosed with mental illness during his first charge after committing the crime on September 24th?"

"We can't possibly have our first episode of mental illness coincide with a case, can we?!"

Zheng Tong spoke in a deep voice, explaining in the most common and plain language.

In other words, people around Zhao Rui can testify that Zhao Rui did not exhibit any behavior that suggested mental illness before the 24th.

Therefore, if he really is sick, he could only have contracted the disease on the 24th.

And to be in a car accident on the very day he contracted the disease? That's too much of a coincidence!

In particular, the lawyer's first thought, without any apparent abnormalities, was to consider a psychiatric evaluation...

From any perspective, the "Mental Illness Assessment" that Cai Peng produced is full of suspicious points.

But the problem is...

"Prosecutor, the expert opinion you are questioning was appointed by a higher court!"

dock.

Lawyer Cai Peng stated solemnly, "I can say with absolute certainty that there was no interference or intervention from any third party in this testing process!"

"Furthermore, the reason we conducted the mental evaluation..."

'

"It was because our client described feeling out of control of his body after the incident that we were able to detect the problem."

This is by no means a coincidence; there are clear clues!

Upon hearing this...

"objection!"

Liang Bingxin, however, showed no anger. On the contrary, he took a deep breath and quickly thought of a solution.

Immediately.

His gaze fell on Judge Lü Guang on the bench, and he stated bluntly, "Your Honor, regarding the factors claimed by the defendant, we believe that there is a lack of clear and objective evidence."

"first."

The defendant claimed to suffer from "intermittent psychosis," which occurred at the time of the incident due to mental illness.

"but!"

talking.

Liang Bingxin paused slightly, then pulled out a document that recorded Zhao Rui's every move during the police arrest and handed it to the clerk.

"On September 24th, at 6:45 PM, the day of the incident, after the defendant drove home from Yang Can Kindergarten."

"During the police operation to arrest him, and throughout the arrest process... the defendant Zhao Rui showed no signs of mental instability!"

talking.

He even provided a video recording in another form.

The video is not from surveillance cameras, but from a police body camera.

The recording clearly shows that although Zhao Rui's face was flushed and his movements were somewhat exaggerated when he was arrested, he was not mentally abnormal at all!

Whether it was cursing or saying something to his father, Zhao Tianhe...

"They all still possess logical thinking and are of sound mind!"

Prosecutor Liang Bingxin began to speak slowly.

The arrest took place only about twenty minutes after the incident occurred.

You can't just say that Zhao Rui was a madman twenty minutes ago, and now, twenty minutes later, Zhao Rui has immediately regained his senses, can you?

However... that's exactly what Tsai and Peng were about to say!

"Your Honor, we have a different opinion."

"Prosecutor, first of all, we stated that our client suffers from intermittent mental illness," the key point being the word "intermittent"!

Lawyer Cai Peng shook his head slightly.

There are many types of mental illness.

Some are congenital, such as autism, which means they are always in a state of illness.

Secondly, there's the acquired condition, like in mental hospitals, where severely ill patients are isolated. They weren't sick at first, but later, due to certain events, their mental state deteriorated and they were unable to recover.

The third type.

It is intermittent, meaning it occurs sometimes and does not occur at other times.

Like hysteria, one may have fits of madness from time to time, followed by moments of lucidity.

"Our client falls into the third category!"

"He suffers from schizophrenia, had an episode at the time of the incident, and only regained consciousness afterward."

"The so-called coincidence as claimed by the prosecution..."

'

Cai Peng paused slightly at this point, then took a deep breath and said, "This is not a coincidence."

"It's not that the police failed to promptly apprehend and confirm the situation!"

In other words, they were caught too late.

If the police arrested the person at the time of the incident, they would definitely have seen the onset of the illness. If they haven't seen it now, then it's not a coincidence; they can only blame themselves for acting too slowly!

"you!"

Prosecutor Liang Bingxin was so angry that he almost stood up.

After a long silence, he took a deep breath and slowly said, "The defendant."

"We have already made it very clear that your side... does not yet possess any factors that support your viewpoint!"

The courtroom logic is "whoever makes the claim must provide evidence."

Since Cai Peng claims that Zhao Rui has a mental illness, then he must provide evidence to prove that he does!

"Your Honor, before presenting the evidence, I would like to clarify one thing: schizophrenia is not the same as complete confusion or loss of consciousness."

"Instead, it involves a certain level of cognitive ability and can utilize muscle memory, which is what driving is all about."

dock.

Lawyer Cai Peng began slowly, paused, and then continued, "As for the burden of proof..."

'

"Our client's parents noticed that Zhao Rui was acting strangely and mentally abnormal immediately after he returned home."

Secondly.

"Based on the description, the forensic doctor determined that the defendant, Zhao Rui, was experiencing an uncontrollable mental episode during the incident."

"This is the doctor's diagnosis report."

"Finally... the prosecutor stated that the defendant, Zhao Rui, was a drug addict, therefore the incident constituted driving under the influence of drugs. I believe the latter statement is biased, while the former..."

'

After handing a document to the clerk, Cai Peng paused slightly.

Finally, he slowly spoke, "It's true, my client did use drugs, but..."

"

"And that's precisely why!"

"That's why my client, Zhao Rui, developed a mental illness!"

The harm of drugs is manifested on an objective physical level. It erodes your brain, causing serious damage to your brain nerves or other parts of your body, ultimately leading to mental confusion and delirium.

Some documentaries clearly show that drug addicts exhibit confused thinking and extreme mental states, which are good examples.

so..

"Schizophrenia is no coincidence."

"It has a clear source!"

Cai Peng spoke sternly, his eyes very serious.

The moment those words were spoken.

Prosecutor Liang Bingxin's expression changed, and he quickly said, "A trial requires absolute evidence!"

"Ha, prosecution, what we're saying is exactly 'evidence'!" Cai Peng responded without changing his expression, his rhythm completely undisrupted.

"you....

..." Liang Bingxin was speechless and couldn't say anything for a long time.

In an instant.

The entire First Courtroom fell silent.

On the judge's bench.

Judge Lü Guang looked at the evidence in his hand, his brows furrowed, and a thoughtful expression appeared in his eyes.

"Evidence...this...."

'

Lü Guang hesitated.

A conviction can only be made in accordance with Articles 12, 51, 55, and 200 of the Criminal Procedure Law, which require that there be no doubt about the evidence.

But this is limited to accusations.

Excluding the defendant!

"If the person in question was indeed experiencing a medical episode at the time of the incident on the afternoon of the 24th," and the prosecution could not refute this...

'

"Therefore, in practice, it should be calculated according to the principle that the doubt is in the best interest of the defendant."

Lü Guang fell into deep thought.

The principle of favoritism is exemplified by laws concerning minors. If it is impossible to determine whether a person is an adult or a minor, then they should be considered a minor.

Similarly, in practice, if it cannot be determined whether Zhao Rui has a mental illness, then the judgment must be based on whether the other party was mentally ill at the time of the incident.

Unless the prosecution can completely overturn the case!

But... can the prosecutor dismiss this case?

No, once you produce the assessment report for mental illness, it's almost impossible to completely disprove it. So, the worst outcome for Zhao Rui would be that he bears partial responsibility.

so..

Suddenly.

As if everyone had anticipated the outcome of the trial, a long silence fell over them.

The prosecutors in the prosecution seat looked grim, while the defendants in the dock felt slightly relieved.

The expressions on the faces of everyone in the gallery were complex, and some of the victims' family members who came to observe the proceedings were also moved by the emotions, their faces showing sorrow.

Quiet.

An eerie silence fell over the courtroom!

until..

"Public prosecutor's representative, do you have any further objections to raise regarding this case?"

In a daze, I found myself on the judge's bench.

Judge Lü Guang shifted his gaze to Xu De, his eyes questioning.

Upon hearing this...

In an instant, hundreds of eyes in the entire courtroom shot towards Xu De like bullets, staring intently at him.

"Yes, we have objections."

In the plaintiff's seat.

Xu De, who had been silent, paused slightly, then stood up. His gaze first swept over the angry prosecutor's seat, then focused on the defendant's seat.

Then, in front of everyone, he slowly said, "Your Honor, before we present our questions, we would like to ask one thing."

"Regarding this case... was there any element of drug driving involved in the defendant's actions?!"

The moment the question was asked.

The prosecutor, who was already somewhat irritated, suddenly felt a surge of anger and couldn't help but say, "Your Honor."

"In criminal cases, the plaintiff does not have the authority to participate in criminal defense; therefore, we request that our civil litigation attorney recuse himself/herself from this court hearing!"

Upon hearing this...

Before the judge's bench could react, the defendant in the dock preemptively shouted, "Objection!"

All I saw was...

At this moment, lawyer Cai Peng quickly spoke up, a faint smile still on his face.

"Your Honor, the civil prosecutor represents the interests of the victim's family! He has the right to participate in the criminal prosecution and defense and to offer his opinions!"

Hearing this, Zheng Tong and Liang Bingxin became even angrier.

Presiding Judge Lü Guang, however, seemed somewhat irritated. He waved his hand and said, "Prosecutor and defendant, please respect court discipline!"

"It's time for the civil litigation representatives to speak; it's not your turn yet!"

These words were spoken.

The crowd paused slightly, and the prosecutors in the prosecution seat, though unwilling, could only take a deep breath to suppress their resentment.

A calm voice came from the defendant's dock.

"Public prosecutor's representative, I cannot answer your question."

"However... regarding our previous claim that 'there was no drug driving,' I believe the prosecution has no further objections."

Upon hearing this...

Xu De nodded.

The issue of driving under the influence of drugs has been resolved, meaning that the prosecution will no longer focus on driving under the influence of drugs, but rather on the course of events.

If that's the case...

"Your Honor! Regarding this case, we have strong objections to present!"

Xu De suddenly spoke, raising his head and his eyes bursting with an unprecedented brilliance.

If he was motionless like a dead man just now, then now... he's a mad bull!

The judge's bench.

Judge Lü Guang nodded slightly and asked, "What objection?"

What is your opinion on the "psychiatric evaluation" requested by the defendant in this case?

Upon hearing this, several prosecutors closed their eyes.

only..

"Mental illness... Your Honor, our side believes that the defendant, Zhao Rui," did not have the conditions to experience a mental breakdown during the course of the crime.

"Furthermore, objectively speaking, from the perspective of his fundamental behavior, the defendant Zhao Rui was exceptionally clear-headed and acted with remarkable clarity when he was accomplishing his intended purpose."

Xu De spoke slowly, his tone unhurried and calm.

However, saying this out loud...

Suddenly.

Everyone in the First Courtroom was stunned.

A clear mind? No conditions for a psychotic episode?

Actions taken to achieve a goal!?

suddenly.

The prosecutor's seat... and even the defendant's seat, were stunned by this scene, not knowing what he was saying.

Zheng Tong and Liang Bingxin frowned, unsure of what the other was up to.

until..

Cai Peng felt something was off as he listened, and couldn't help but say, "A civil litigation agent."

"Please describe the evidence that has already been examined in the case."

"Our client had no ulterior motives," and you will bear the consequences of your slanderous remarks!

Purpose? What purpose?

It's not very clear whether Zhao Rui hit and killed someone and fled the scene, and then crashed into Yangcan Kindergarten in order to escape?

If we really have to talk about the purpose... there's only one: "escape"!

But right now, the case is being classified as an escape, right? The defendant insists that this isn't an escape, but rather a mental breakdown!

Even more so.

Zhao Rui himself was also a little confused. He sat in the defendant's seat, listening to Xu De's words.

I never imagined what my purpose was in running away!

until..

"Your Honor, we have not made any false accusations. The defendant, Zhao Rui, clearly committed a crime on the afternoon of the 24th."

'

Xu De categorically denied it.

As everyone's gazes fixed on him, he blurted out the second half of his sentence.

All I heard was...

"This violates Article 347 of the Criminal Law, the crime of drug trafficking!" Xu De's eyes narrowed, and he declared in a resounding voice.

And as these words fell.

For a moment, everyone in the courtroom paused slightly, and then their faces were filled with astonishment.

Drug trafficking?

Zhao Rui is a drug dealer? He's not a drug addict? He wasn't driving under the influence of drugs? He's a drug dealer!?

The hundreds of people in the gallery nearly stood up, looking completely bewildered, and a commotion ensued.

Let's not talk about them.

Even the prosecutors Zheng Tong and Liang Bingxin, who were in the public prosecution seat, were stunned, unable to believe what they had just heard.

Drug trafficking? The other party believes it's not mental illness, nor driving under the influence of drugs, but drug trafficking?

"objection!"

"Please, legal representative, carefully craft your statements before presenting your arguments!"

In the defendant's dock, lawyer Cai Peng frowned and responded sharply.

"This is a courtroom, the Intermediate People's Court, the First Court. You will be held legally responsible for every word you say!"

"In this case, the facts and background are already very clear; please do not make baseless accusations!"

Drug trafficking?

How is that possible?!

but.

"Your Honor, based on our statements and the facts of the case, the evidence against Zhao Rui is conclusive, clearly indicating that he is guilty of 'drug trafficking'!"

In the seat of the civil litigation agent.

Xu De ignored Cai Peng, merely glancing at him.

He did dismiss the prosecution's argument, but... that doesn't mean he's agreeing with the defendant!

You should... fight both sides, fight the prosecution first and then the defendant!

"first."

"According to the police announcement, Zhao Rui clearly used heroin. Through his purchase channels, the police identified Sun Rui, the owner of a tobacco and liquor store, on the 26th, confirming that she was an illegal drug dealer."

Secondly.

"We noticed a point in the announcement."

"The police did not find even a single gram of drugs in the defendant Zhao Rui's home. In other words, either the drugs had been completely consumed, or the drugs had been moved."

Upon hearing this...

The group paused for a moment, then nodded in agreement.

Indeed, the police didn't find it, but that's normal.

If it is found... there will almost certainly be a charge of illegal possession of drugs. Zhao Rui cannot ignore this in a limited time, so it is normal for him to deal with it.

Subsequently, the police also received information from Sun Rui and confirmed the whereabouts of the drugs.

That is to say...

"Through our investigation, we have ultimately determined..."

'

"The suspect, Zhao Rui, tricked witness Zhang Yao into handing over the drugs to drug dealer 'Sun Rui' by offering him money."

"Gentlemen, what kind of behavior is this?"

Xu De opened his eyes, looked around at everyone, and asked tentatively, "What does this constitute?"

I heard the question.

Everyone paused for a moment, including the judge, who subconsciously thought about it.

What does this constitute? Isn't this just transferring and hiding drugs?

Seeing the hesitation of the crowd, Xu De pressed on, saying directly, "Your Honor!"

"I want to make it clear that Sun Rui was a drug dealer who supplied drugs to Zhao Rui, and the defendant Zhao Rui clearly knew that this person would sell the drugs."

"While Article 347 of the Criminal Law does not explicitly stipulate providing drugs to others for sale,"

"But this point can be clearly recognized in judicial practice."

"Anyone who introduces buyers to sellers, or facilitates drug transactions between buyers and sellers, should be punished for drug trafficking, regardless of whether the introducer has a profit motive or actually benefits!"

Speaking of which...

Xu De paused.

He suddenly changed the subject, his voice rising and booming, resounding in everyone's ears. He said, "Then, may I ask?"

"The person involved, Zhao Rui, was in possession of drugs."

"He knew that the person transferring the drugs, Sun Rui," was a drug dealer, and he transferred the drugs to her... Even if he did not profit from it, does this correspond to the legal provisions mentioned above?"

"That is to say..."

'

The "Minutes of the National Symposium on the Handling of Drug Crime Cases by Some Courts" stipulates: [Knowing that others are guilty of drug-related crimes...]

Anyone who acts as an intermediary, purchases, or resells drugs for others in drug-related crimes, regardless of whether they profit from it, should be treated as an accomplice in the relevant drug offense.

Does it constitute a crime?

It definitely exists!

In fact, Zhao Rui was more than willing to let Sun Rui find someone to dispose of the drugs he had handed over.

Otherwise, the police could still make the arrest, and Sun Rui is asking for help... would he really offer it up for free? No, these people value money more than their lives; they'll only sell themselves!

and so.

"Your Honor, on behalf of the civil prosecutors, I believe that this case is in your opinion."

"The suspect Zhao Rui was not involved in the crime due to drug driving or a mental breakdown."

Xu De spoke a series of words. He was a little tired, but he still took a deep breath.

He said slowly, "It's drug trafficking."

"This was an illegal drug deal that ended in tragedy as the perpetrators evaded police capture!"

"In summary."

"The suspect, Zhao Rui, has clearly violated Article 347 of the Criminal Law, the crime of drug trafficking!!!"

After the sounds subsided.

The entire First Courtroom fell into complete silence; no one spoke or uttered a word.

some.

There were only blank faces and stunned expressions.

In the defendant's dock.

Lawyer Cai Peng still had a smile on his face.

Drug trafficking? Zhao Rui himself didn't even know he was trafficking drugs, how is that possible!?

This lawyer must have lost his mind.

Cai Peng smiled as he thought this.

only...

He was laughing when he suddenly hesitated, paused for a moment, then frowned, and finally...

Cai Peng's pupils constricted sharply, a look of horror flashing in his eyes. He felt as if he'd been pricked by needles, jerked his head up, his expression changing drastically, and immediately cried out, "Objection! Objection!!!"

"presiding judge."

"In criminal cases, the plaintiff does not have the authority to participate in criminal defense; therefore, we request that our civil litigation attorney recuse himself/herself from this court hearing!"

Avoid!

They had to avoid it... What was Cai Peng thinking? He thought of something...

Xu De may not be lying.

From this perspective... Zhao Rui could actually be guilty of drug trafficking!

How could this be?! Are you kidding me?!

On the judge's bench, Judge Lü Guang was still in a daze.

but.

The prosecutor's stand.

After experiencing a low point of anger, the two prosecutors paused for a moment, then...

"Objection! Objection!"

Without either of them acting at the same time, they slammed their fists on the table and stood up with the fastest speed and loudest voices they had ever used, angrily shouting, "Your Honor, the civil litigation representative represents the interests of the victim's family!"

"He has the right to participate in the criminal prosecution and defense of the case and to offer his opinions!!!"

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