Lawyer: Start with legal retaliation against infidelity!

Chapter 343 This is how the law is written! [Two chapters combined, please vote!]

Zheng Tong has never felt so eager to refute the defendant's attitude as he does now.

Also.

Zheng Tong believes that since he is a prosecutor, he must abide by legal procedures, and since he must abide by procedures, then...

Anything that disrupts the program will be rejected!

And the civil litigation agent is clearly also a link in pushing the proceedings forward, so...

"Objection! Objection!"

"Your Honor, the defendant has no right to express such opinions!"

On the prosecutor's bench.

Prosecutors Zheng Tong and Liang Bingxin disregarded the so-called courtroom discipline.

The two men were like starving wolves who had spotted the freshest prey. Their eyes lit up, and they immediately opened their mouths, their angry shouts echoing throughout the First Courtroom.

now.

Zheng Yong spoke at the fastest pace he'd ever used, shouting, "The civil litigation agent is the one advocating for the interests of the victim's family in this case; the criminal case details are crucial to the outcome of the compensation!"

"The opposing party has the right to speak on behalf of the victim in court!"

The words were spoken.

Xu De's earlier words kept replaying in his mind uncontrollably.

Zheng Tong's face began to flush, his eyes were fixed on Cai Peng, and his whole body felt as if he had taken a hot bath, his blood was boiling.

His fists clenched tightly, and his heart trembled slightly.

Drug trafficking...

Drug trafficking!!!

No... what do you mean by "traffic accident crime"? You're accusing the other party of drug trafficking, not driving under the influence of drugs?

This case's perspective... what was wrong with this lawyer's brain to come up with this angle? And the most crucial point is, it actually works!

"Yes...it wasn't driving under the influence of drugs, it wasn't driving under the influence of drugs...it couldn't be driving under the influence of drugs!"

It's drug trafficking! It's drug trafficking! The suspect has committed the crime of drug trafficking!

Zheng Tong's heart trembled more and more as he thought about it, his brain instantly boiling. His eyes immediately shifted to the judge's bench, and he hurriedly said, "Your Honor, the prosecution now believes that some facts of this case are unclear."

"The indictment in this case contains significant flaws and should be amended, with the charges changed and the case reopened!"

Prosecutor Liang Bingxin also agreed without hesitation.

"According to the Rules of Criminal Procedure of the People's Procuratorate, the prosecutor's seat has the right to amend the indictment!"

A barrage of words, like cannonballs.

In an instant, the weapon slammed from the prosecutor's seat toward the judge's bench, also affecting the audience.

Inside the First Courtroom.

Everyone stayed where they were.

The audience members were shocked and looked around in bewilderment.

After digesting what was said in the trial area.

Everyone was stunned for a moment, and then a loud commotion erupted from the audience.

"Drug trafficking? How did the civil attorney start charging him with drug trafficking? Isn't this case about driving under the influence of drugs!?"

"The defendant trafficked drugs? That can't be right. Look at his expression; it's like he doesn't even know he's trafficking drugs."

'

"What is the plaintiff's attorney accusing them of?"

"Wait... I'm studying law, let me think... Let me think about how it's written in the textbook..."

'

'

'

The hundreds of people in the audience couldn't help but exchange glances, their faces filled with disbelief.

Make sense.

The police and the court have made the case very clear in their announcements, and both sides have presented evidence, so the case is quite clear.

Before the trial, they anticipated that the case would definitely involve a lot of discussion about "driving under the influence of drugs".

But what the hell is "drug trafficking"?!

If I had to say...

The audience was initially taken aback by the stark contrast between the charges and the facts of the case.

The people in the trial area...

That was a genuine brain short circuit.

On the judge's bench.

"Wait...drug trafficking? How could this be drug trafficking? Drug trafficking is all about making money, and Zhao Rui's father is Zhao Tianhe, the 'real estate tycoon' of Haicheng. How could a family like that possibly traffic drugs for money?"

"But the law doesn't state that drug trafficking by bourgeois families is not a crime!"

"Furthermore, the law doesn't say that drug trafficking isn't a crime if you're not short of money!"

The two judges were instantly lost in thought, their eyes blank.

Those in the audience may only have a partial understanding.

However, as professionals, they had a deeper understanding of Xu De's perspective!

at this time.

After thinking for a moment, Judge Lü Guang frowned and said in a tone of self-doubt, "From the perspective of that civil prosecutor's representative... Zhao Rui did indeed hand over the drugs to Zhang Yao, who then passed them on to Sun Rui."

"Sun Rui is a drug dealer, and Zhao Rui must have known that she posed a risk of trafficking."

"So, although Zhao Rui's purpose at this point was to 'transfer and hide' the drugs, rather than to traffic them, legally..."

'

Speaking of which...

Judge Lü Guang paused, then couldn't help but blurt out in shock, "This is 'drug trafficking'!"

After he finished speaking...

The three judges exchanged bewildered glances.

To be honest, if you were to listen to these words without a proper understanding, a non-professional would certainly have doubts. After all, the crime of drug trafficking requires the word "trafficking," and even from Xu De's perspective, this is merely "transferring drugs."

How could this constitute "drug trafficking"?

In reality.

There is no crime of "drug trafficking" in the criminal law!

some.

However, it is Article 347 of the Criminal Law, which pertains to the crime of smuggling, trafficking, transporting, or manufacturing drugs!

In other words, the four types of acts of smuggling, selling, transporting, and manufacturing are collectively referred to as the crime of drug trafficking!

The drugs were transferred from A to B, and then B sold them.

This clearly constitutes the two categories of behavior: "transportation" and "sale"!

and so.

"This seems to be..."

'

The three judges hesitated, and one of them remained silent for a long time before his eyes twitched.

"It actually works!"

Don't worry about what Zhao Rui's true intentions are.

In short.

That's how it's written in the law!

only..

"Objection! Your Honor, the prosecutor's representative is smearing our client out of thin air!!!"

"The defendant absolutely did not participate in any matter related to 'drug trafficking'!"

In the defendant's dock.

Lawyer Cai Peng broke out in a cold sweat. He immediately looked up and exclaimed in astonishment.

At that moment, he hurriedly pulled a document from his briefcase, held it up, and shouted.

The sound was so loud, it was as if it wanted to shout out its own soul.

"These are the financial statements of our client."

"From the above, we can clearly see that no funds of unknown origin ever appeared in the defendant's account!"

"He never participated in the illegal activities of the suspect, Sun Rui, nor did he ever profit from her!"

"We believe that the statements made by the civil litigation agent are biased."

"The prosecution."

"Regarding whether this case constitutes 'driving under the influence of drugs,' the defendant believes it can be reconsidered!"

Drug trafficking... Cai Peng never expected that he would hear these three words in this case.

Even more unexpectedly...

Legally speaking, this does seem to constitute a crime!

Are you kidding me?

What kind of joke is this?!

Unfortunately.

People's joys and sorrows are not the same, at this moment, in the seat of the civil litigation agent.

Xu De looked at the defendant's dock with a serious expression.

"Defendant, we understand your feelings, but we urge you to remain clear-headed and calm."

"first."

"Article 347 of the Criminal Law, concerning the crime of drug trafficking, has never stipulated that 'profit' is required to constitute the crime."

Secondly...

'

talking.

He paused slightly.

He then slightly opened his eyes and kindly offered a reminder.

Regarding the question of whether driving under the influence of drugs occurred in this case.

"Before I spoke, I had already questioned the judge, the prosecution, and your defendant."

"The answer we received was clear: there was no drug-impaired driving involved in the case."

The case has already been thoroughly investigated in court.

During the confrontation between the prosecutor and the defendant, Xu De stood up and stabbed Zheng Tong with a sharp knife, leaving him speechless.

This answer has been jointly verified by all three parties.

Now that Tsai and Peng are bringing this up again... is it an attempt to deny their previous defense?

so..

"On behalf of the victim's family, we acknowledge the defendant's defense arguments."

"The reason the suspect committed the tragedy in Jiangpu District on the afternoon of September 24 was not due to driving under the influence of drugs."

"But rather..."

'

Xu De, with a serious attitude and sincere tone, stood before the table as if trying to persuade the other party, and began, "The defendant, 'Zhao Rui,' is afraid of being discovered by the police for drug trafficking."

"That's why he chose to drive dangerously to avoid being caught."

"A tragic incident occurred during this period, resulting in two deaths, three serious injuries, and five minor injuries!"

After the accusations were made.

Before Cai Peng could refute it.

In the very center of the trial area, at the seat of the person being tried.

With his hands cuffed, Zhao Rui, sitting in the chair, was stunned. His eyes were filled with confusion as he looked around. After hearing Xu De's words, he seemed to be pricked by a needle, his face filled with astonishment, and he burst out in a sharp voice.

"Drug trafficking!?"

"I didn't deal drugs! You're spreading rumors...you're slandering me! How could I possibly deal drugs!?"

"With so much money in my family, I'd have to be crazy to deal drugs!"

Was he trafficking drugs?

How come I didn't know?!

The other party brought up actions that the lawyer himself was unaware of—isn't that pure fabrication? How could the court let a lawyer like this in?!

but.

Zhao Rui, who disregarded court rules and interrupted his speech without authorization, was confronted.

Xu De showed understanding, raising an eyebrow slightly as he slowly said, "I know you're anxious, but please don't rush."

"I was just acting in accordance with the law. Every word I said about you was based on actual judgment cases and the original text of the Criminal Law."

"Secondly, your ignorance of the law but your violation of it are not directly related to your conviction."

There is an old saying.

The saying "ignorance is no excuse" means that if you do something illegal but you don't know it's illegal, you are not guilty.

Does this statement apply in modern times?

It is clear.

This doesn't apply!

"And I am merely compiling your actions and explaining them with evidence."

Xu De patiently explained to the other party.

"This has not been embellished in any way!"

Upon hearing this...

Lawyers Cai Peng and Zhao Rui were clearly more anxious.

But before they could even speak, a loud shout came from the judge's platform.

"Bang bang bang!!!"

Three sounds like rolling thunder rang out in succession, and everyone immediately shut their mouths.

Look up at the high platform.

Then, Judge Lü Guang appeared solemn, his right hand repeatedly striking the gavel, the sound so loud it hurt the eardrums.

His dignified face parted slightly, and a low, angry shout rang in everyone's ears.

"Defendant! Suspect! Prosecutor! It is not your turn to speak yet!"

"Attention, members of the public gallery! Please observe courtroom discipline! Any further violations will result in the judge having the right to remove you from the courtroom!"

The words were spoken.

Everyone immediately shut their mouths, and the entire courtroom fell silent; no one else spoke.

See here.

Presiding Judge Lü Guang breathed a sigh of relief.

He glanced at the civil litigation agent's seat.

At this moment, Xu De slowly sat down. Beside him, Zhao Chenggong, a lawyer from "Chuangyue Law Firm," was staring at him with a look of terror on his face, as if he were looking at some kind of monster.

See here.

Lu Guang felt a headache coming on. He closed his eyes, rubbed the corners of his eyes, and forcibly calmed his chaotic thoughts.

After a long while.

Lu Guang then took a deep breath and said in a deep voice, "Defendant, regarding the above statement made by the civil litigation representative..."

Do you have any objections to state?

A sudden sound rang out.

Suddenly, the previously silent crowd raised their heads and fixed their gazes on Cai Peng.

dock.

After calming down and quickly exchanging information, the legal team from Hongda Law Firm then transmitted the information to Cai Peng.

This slightly eased Cai Peng's anxiety. He took a deep breath, thought for a moment, and then slowly said, "Your Honor, regarding the charge of drug trafficking raised by the civil litigation representative," our side...

'

"We deny it!"

Lawyer Cai Peng paused slightly, then his brain began to rack its brains for a solution.

He then abruptly changed the subject, saying, "First of all, what the opposing lawyer said does indeed constitute drug trafficking under criminal law," but the conditions differ from those of our client!

"like."

"Subjective and objective!"

To convict someone, one must consider whether the subjective and objective facts are consistent.

For example, if you are driving in a daze and accidentally hit and kill someone, from an objective point of view, your car will hit the victim straight in the air without any braking marks.

So, does this count as intentional homicide? No, because you didn't have any intent.

However, if the same behavior is maintained...

But your intention was to run the other person over with your car!

At this point, even if you commit intentional homicide!

When actions are consistent, both subjective and objective evidence are the true determinants of a person's guilt.

"First of all, regarding this case, our client, Zhao Rui," stated, "from beginning to end, he never intentionally participated in drug trafficking."

Secondly.

"Let me give you an example."

dock.

After calming down, top lawyer Tsai Peng could no longer care about the so-called "mental illness" allegations.

At this moment, his gaze was calm, and a series of words, sharp in their angle and meticulous in their logic, flowed out.

"Hypothesis".

"There's a person named 'a' who wants to buy a pair of shoes on the street."

"But the shoe vendor was actually a drug dealer, posing as a shoe vendor to wait for a meeting and transaction."

At this moment, "A" unexpectedly "meets" with the stall owner, and subsequently, "A" buys the "drugs."

"Upon returning home, 'A' realized that he had purchased drugs and knew that the stall owner was a drug dealer. Therefore, 'A' immediately went to the 'stall owner' to return the drugs, and the return was successful!"

Speaking of which...

He paused slightly, then took a deep breath and said in a deep voice, "Then..."

"Even though 'a' clearly knew the stall owner was a drug dealer, he still handed over the 'drugs' to him..."

'

"Does that mean 'a' also constitutes drug trafficking?!"

Does this constitute drug trafficking?

Judging from these words alone, A's behavior is indeed consistent with Zhao Rui's, and it also constitutes the logic of the accusation made by Xu De.

This can be analyzed from both subjective and objective perspectives. Subjectively, A did not engage in drug trafficking, and objectively, the result was merely a mistaken connection.

How can you say that A constitutes the crime of drug trafficking?

and so.

"Your Honor, regarding the civil litigation agent in this case, we believe that their arguments are fundamentally untenable and inapplicable to the facts of this case."

dock.

Top lawyer Cai Peng took a deep breath and uttered his final sentence to conclude his statement.

"Defendant's application..."

'

"The legal representative for the civil suit has recused themselves from this case!"

The words were spoken.

He sat down, looking quite composed from behind.

Cai Peng's performance was exceptionally good.

There are two things that lawyers pay the most attention to when litigating a case: first, the handling of the chain of evidence before the trial, and second, their performance during the trial.

Xu De made the accusation abruptly. If it were anyone else, they would probably be caught off guard and could only shout for a recess. But Cai Peng is different. He can give a strong and powerful counterattack!

Upon hearing this...

"this..

'

On the judge's bench.

The three judges paused slightly, but didn't rush to say anything.

Presiding Judge Lü Guang, however, turned his attention to the prosecution, shifting his focus back and forth between the public and civil prosecutions.

A moment later, his gaze sharpened.

"Civil litigation agent".

"Do you have anything to say about the defendant's statements?"

Have it?

Of course, the opponent may have strong improvisation skills, but that doesn't mean your own thinking is bad!

In the seat of the civil litigation agent.

Xu De slowly stood up, meeting Cai Peng's gaze across the air. A faint smile appeared on his face as he spoke, "Your Honor, several points raised by the defendant in the dock are clearly a fallacy of equivocation!"

A fallacy of equivocation?

Such aggressive language in court?!

Suddenly, the audience members were slightly taken aback, and Cai Peng's expression also changed drastically.

But before they could react...

Xu De, without the slightest hesitation, spoke directly: "First of all, the other party's claim of 'returning' the drugs is an attempt to confuse the concept of 'return'."

In society, "returning" refers to giving something back.

But what does the word "refund" mean in law?

Six characters.

"Correct mistakes promptly!"

Xu De's eyes narrowed, and he uttered the most essential explanation of "retreat".

"Substitute that into the example you provided."

"After realizing he had the drugs in his possession, A was in a state of 'possession or non-possession,' and the option to contact for refunds essentially meant correcting the mistake."

"A insists that he does not possess drugs!"

"Therefore, his act of handing over the drugs to the drug dealer at this point should be considered a passive act of return and does not constitute a crime!"

Returning it is like using an eraser.

If you make a mistake, you can use this eraser to correct it, and then you will naturally be without fault.

For example, when some people's family members accept bribes, the bribes are immediately returned after the person involved finds out.

So, can you say he accepted a bribe at this point?

No, because both subjective and objective evidence show that he has no tendency to break the law or commit crimes.

He corrected and erased the illegal and criminal acts that had already been committed.

But then a problem arises.

"Civil litigation agent!"

"As you said, the suspect 'Zhao Rui's' act of 'transferring' drugs was not 'trafficking,' but rather 'returning' them!"

dock.

Among the Hongda Law Firm team, one male lawyer's eyes lit up, as if he had found a flaw.

He immediately said, "On the 24th, I wasn't trying to hide the drugs, but rather to return them the way I came. However, I was arrested by the police before I could return the money."

"According to your statement, our client is clearly 'correcting a mistake'!"

Applying this to the present case.

The suspect, Zhao Rui, allegedly transferred the drugs under the pretext of "returning them on the afternoon of the 24th."

So, does that mean he doesn't meet the criteria for "illegal possession of drugs" or "drug trafficking"?

Based on the preceding statements, it is not possible.

but!

"Defendant, please do not interrupt us!"

"If this happens again, we have the right to request your recusal in this case!"

Xu De's eyes were sharp, piercing the other party like the gaze of an eagle.

Then, in a barrage of words, they launched another offensive.

Secondly.

"What we want to say is that the defendant's attempt to confuse the concepts of 'timely' and 'possession' is a despicable act!"

talking.

He paused slightly, then changed the subject, saying, "The opposing lawyer."

The most important aspect of "correcting mistakes promptly" is not the "correction" itself, but the "promptness"!

When correcting a mistake, you also need to consider the timing of the correction.

For example, as mentioned earlier, when a family member accepted a bribe, the person involved immediately returned it.

in case.

The bribery occurred on January 1st, and the person involved also learned of the bribery of their family member on the same day.

He then left the money behind, and the Control Yuan was going to search the premises on December 31. The day before the search, he returned the money. Does that count as returning the money?

No!

Because it wasn't "timely" enough!

Correcting errors only applies to situations where ownership has not been acquired.

"Timely," or the duration of possession of evidence, indicates whether you have the "right" to possess the illegal item.

"Holding rights".

If, in a short period of time, the money has just arrived in your hands and its nature is not yet determined, and you do not feel that the money belongs to you, then you do not have the right to possess it. At this point, returning the money in a short period of time does not constitute a crime, but is considered a timely correction of an error.

If you don't act quickly enough, you might end up holding onto the money for years.

In that case, the law will assume that you have accepted the money, thus committing the crime of bribery, and that you have the right to possess the money. Even if you return it, it can only be considered as "concealing or transferring" the money.

The same is true!

"The example you gave, 'a,' mistakenly obtained the drugs within a short period of time."

"But legally, he did not have the right to possess the drugs at that time," so even if he knew that the drug dealer would sell the drugs but still chose to give them to him, he did not commit the crime of drug trafficking.

In the trial area.

The seat for civil litigation agents.

Xu De stood up, his gaze towards the defendant's seat unwavering; clearly, the rejection had little impact on him.

But his disassembly angle...

But it could be fatal!

"But the suspect in this case, 'Zhao Rui,' is different!"

"First of all, he actively sought out 'Sun Rui' to buy the drugs; his actions did not constitute 'error'!"

"Secondly, after the drug transaction was completed and time passed, the suspect Zhao Rui clearly had 'possession rights' of the drugs, meaning the drugs were Zhao Rui's personal property!"

"When the option of 'timely judicial correction of the error' is no longer feasible."

talking.

Xu De's eyes widened, and he asked the other person a question in return.

"So."

"Where did this claim of suspect Zhao Rui 'returning the drugs' even come from?!"

"And your side... are you trying to confuse the issue! Or are you attempting to fish in troubled waters?!"

The last two questions fell the moment they landed.

The entire First Courtroom was jolted awake. Their previously affected thoughts instantly became clear, as if their vision had been wiped clean.

And the defendant.

Zhao Rui's expression clearly showed panic at this moment.

He definitely won't admit to drug trafficking... Just kidding, it would be one thing if he killed someone while driving under the influence of drugs.

Drug trafficking is a serious crime that can get you killed!

In that instant, he suddenly felt that he might as well have said he was driving under the influence of drugs and killed someone in the first place; at least his chances of survival would have been much higher then...

Zhao Rui could only turn her desperate gaze to her lawyer.

Meanwhile, lawyer Cai Peng's face was extremely gloomy, and his eyes, fixed on Xu De, seemed to want to skin him alive.

If looks could kill, Xu De would most likely have been cut into hundreds of pieces.

As for the prosecution's seat...

Yes! Yes! That's exactly how it is; that's how the law is written!

Prosecutor Zheng Tong was almost trembling; his hands were clenched tightly, and his face was extremely agitated.

As for driving under the influence of drugs?

What drug driving? This is clearly a serious criminal drug trafficking case! The prosecution's rejection of the "drug driving" factor is correct!

As for Xu De...

at this time.

The First Courtroom fell silent, so quiet it was almost eerily quiet in the trial area.

In the seat of the civil litigation agent.

Lin Yue and Ding Yan clicked their tongues in amazement...

And under the fearful gaze of lawyer Zhao Chenggong.

Xu De stood up, took a deep breath, and shifted his gaze to the judge's bench. His expression was calm, his tone serious, and he stared at Judge Lü Guang as he slowly said, "Your Honor, I have only four questions regarding this case."

"Did suspect Zhao Rui's final act while evading the police involve transferring the drugs?"

"Did the drugs transferred by the suspect Zhao Rui belong to him?"

Did the suspect, Zhao Rui, know that the person receiving the drugs was a criminal who profited from drug trafficking and would sell the drugs?

"as well as..

"

Xu De paused as he spoke.

His sharp gaze instantly fixed on the defendant sitting in the chair in the center of the trial area.

"as well as."

"Did the Supreme Court explicitly state in the form of a 'Meeting Minutes' that such behavior...?"

'

"Meets the criteria for 'drug trafficking'?!"

The words were spoken.

Suddenly, Zhao Rui, whose hands were cuffed, turned deathly pale, his eyes pleading for help as he looked at the people in the defendant's dock.

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