Lawyer: Start with legal retaliation against infidelity!
Chapter 345 The battle was abruptly halted; the operation nearly ended in failure!
Chapter 345 The battle was abruptly halted; the operation nearly ended in failure!
Lu Guang looked up, pinching the corner of his eye. He felt incredibly heavy, and even the air seemed to have become hot.
A decision needs to be made...
What does this mean? Are you asking him to deliver the verdict?
Hehe, a surprise attack from an angle... wait, does this even count as a surprise attack?
In a daze, on the judge's bench, Judge Lü Guang opened his eyes. He looked at his two colleagues beside him and whispered, "Regarding the relevant evidence, has the prosecution presented and examined its evidence?"
Upon hearing this...
One of the judges paused slightly, thought for a moment, and then shook his head. "This... there is no evidence."
Another judge added, "But all the relevant evidence has been examined, and their charges do not require any additional evidence."
Xu De launched a surprise attack without any evidence.
First, there's the case evidence. Whether it's driving under the influence of drugs or drug trafficking, the same set of case information is used.
For example, drugs can be used to accuse someone of being a drug user after cross-examination, but they can also be used as evidence of a drug addict who "sells drugs to support his own addiction"!
Therefore, strictly speaking...
The trial angle proposed by Xu De has already been examined and verified, so it cannot be considered a "surprise attack"!
"this..
Lu Guang took a deep breath, his eyes revealing complex thoughts, and after a long while...
He then composed himself and turned to look at Zhao Rui in the center of the trial area.
The defendant's dock.
Zhao Rui, handcuffed to the chair, was somewhat flustered when suddenly a loud shout came from the stage directly opposite him.
"Defendant!"
Zhao Rui was startled, his heart skipped a beat, and he looked up, revealing a somewhat frightened face.
But then, Judge Lü Guang stared intently at him, as if trying to read his mind, and shouted, "Do you admit to the charges brought by the prosecution?!"
recognition?
Admit what? Admit to drug trafficking?!
"I don't believe it! I don't believe it! What he said is utter nonsense!"
Zhao Rui grasped at a straw as if he were about to drown.
He opened his eyes, struggling in the defendant's seat, his chest emitting a series of defenses.
"I didn't deal drugs!"
"This is slander. He says I'm a drug dealer... Then why am I a drug dealer? And where is the money I made?!"
"I want to see a lawyer... I want to sue him, I want to sue him!!!"
Zhao Rui seemed to be blinded by anger, his furious eyes fixed on Xu De as if he wanted to devour him or tear a piece of flesh from him.
Drug trafficking? That's clearly just mudslinging!
only.....
When asked about his position as a civil litigation agent, Xu De replied indifferently.
"The elements constituting the crime of drug trafficking under Article 347 of the Criminal Law do not solely depend on whether your subjective intent was to profit."
"It depends on your objective actions and a part of your subjective judgment!"
in other words.
Zhao Rui's actions fall under both the categories of "driving under the influence of drugs" and "drug trafficking".
There are only two possible explanations for this case, but previously, the defendant and Zhao Rui stated that they did not drive under the influence of drugs... Doesn't that leave drug trafficking?
as well as.
"Party member, regarding your actions, which aspect is not based on reality, and which lacks legal basis?" Xu De opened his eyes slightly and questioned.
"And which part is fabricated by our side!?"
These words were spoken.
The defendant's seat.
Zhao Rui, dressed in uniform, suddenly became agitated. He tried to struggle to get up, but was firmly handcuffed to the table, his eyes bloodshot.
He shouted angrily, "You're saying I'm a drug dealer? How much have I sold? Tell me, how much have I sold!"
"Why would I sell something that costs five or six hundred yuan per gram? You bunch of greedy poor bastards, even my dog wouldn't want something that costs a few hundred yuan, only you guys would be interested!"
As they talked...
He actually started cursing Xu De in front of hundreds of people in the audience, his words were radical, his veins bulged, and his expression was somewhat crazy.
While he was speaking, his handcuffed hands kept scratching his arms.
"Showing off like that."
"You just want money, you just want more compensation, right? What the hell are you doing, acting all high and mighty as a civil lawyer? You think you're something special!"
After he finished speaking...
The audience was in an uproar; some were surprised, some looked grim, and some were angry.
The wealth gap in 2003 was not particularly severe.
But in a time when the average monthly salary is just over a thousand, being pointed at and insulted by a rich kid who says he wouldn't even look down on his dog for five or six hundred...
No matter how much the conflict is eased, it will always be infuriating!
As for Xu De...
Xu De, however, was not affected. He looked at Zhao Rui, who was cursing him in the trial area with red eyes, and just narrowed his eyes, staring at him intently.
On the contrary, it was the defendant's seat...
"Oh no, the client is having a drug withdrawal!"
Inside the legal team, one lawyer stared intently, and his expression instantly changed.
Drugs physically damage a person's nervous system, leading to confusion and loss of emotional control.
"Why did it have to happen during the trial of all times?!" Someone looked at the emotions in the audience and their face grew increasingly grim.
"She was provoked!" another female lawyer whispered, her heart pounding.
As for Cai Peng...
Cai Peng's expression was grim. He didn't bother to wipe the cold sweat from his forehead and forced himself to calm down.
In a daze, he suddenly opened his eyes as if a new vista had opened up, his pupils constricting as his heartbeat slowed down.
next second.
Cai Peng suddenly raised his head, looked at the judge's bench, and shouted loudly, "Your Honor!"
"There are still unresolved facts in this case!"
The prosecution's charge of drug trafficking is based on his actions, but no objective physical evidence has been submitted!
His voice was unusually loud and shrill, which seemed quite out of place in the First Courtroom.
Upon hearing this...
The people in the trial area looked up at Cai Peng.
Upon hearing this, Judge Lü Guang frowned.
What does the other person mean by that?
It means "seized"!
When it comes to evidence of a crime, you don't just look at the act itself, but also the consequences it caused!
"Drug trafficking charge... If the indictment is amended to charge drug trafficking, then the ten victims were victims of drug trafficking."
"But this can only be tried as a special aggravating factor, and it's actually used to charge drug trafficking."
On the bench, the two judges were deep in thought.
There are two key points to consider in this case, and they must be clarified!
That is: [Casualties resulting from drug trafficking] + [Drug trafficking crime]!
What are the differences between the two?
The difference is significant. The former is tried under charges of "intentional homicide" or "intentional injury," and the sentence is determined within that category. Drug trafficking, on the other hand, is merely a factor that warrants stricter and heavier penalties.
The latter, however, is to be chosen from Article 347 of the Criminal Law, which pertains to the crime of drug trafficking.
"That means the drugs that were seized!"
"Trials for drug trafficking must be based on the total quantity of drugs trafficked, with sentences determined accordingly."
"For example, 50 grams of heroin could result in a sentence of 15 years imprisonment, life imprisonment, a suspended death sentence, or death."
The judge frowned, as if his brain was in a knot, and his eyes revealed deep thought.
If you want to be convicted of drug offenses, then you'll have to be sentenced.
In other words, we need to find out the drugs Zhao Rui is selling! Whether it's seized items or clearly documented evidence, we need to have a definite number of them.
"But in this case..."
"
Neither the police nor the prosecution have provided the exact amount of drugs Zhao Rui sold.
"Even if this is to be convicted of 'drug trafficking,' how should we sentence it? The death penalty? Or a sentence of seven years or less?"
"There's no basis for the judgment!"
On the judge's bench.
Judge Lü Guang looked as if he had a splitting headache, his brows furrowed into a knot.
A crime can be established, but a sentence cannot be imposed; however, a crime can inevitably be established and a sentence imposed.
According to the law.
Even if Zhao Rui's killing of someone in the accident is enough to warrant his death, the specifics of his "drug trafficking" crime must still be investigated, and he should be punished for multiple crimes concurrently.
But the problem has come full circle.
What level of charge should Zhao Rui be assigned for "drug trafficking"? There's absolutely no way of knowing!
Just then.
"Your Honor, the prosecution requests that the indictment be amended!"
The prosecutor's stand.
Prosecutor Zheng Tongliang stared intently at the judge's bench with his serious eyes, reiterating his stance once again.
The seat for civil litigation agents.
Xu De also stood up and spoke, "Your Honor, we believe that the defendant's drug trafficking resulting in the death of another person is an exceptionally heinous act! He should be severely punished!"
The defendant's dock was equally impressive.
As if grasping at a straw, Cai Peng stared intently at the judge's bench and said again, "Your Honor, the amount of drugs the defendant allegedly concealed is unclear. Please consider this carefully!"
All three parties urged them to act.
Three purposes.
Judge Lü Guang felt as if countless death-dealing demonic voices were coming from all directions, disturbing his brain and making it difficult for him to even breathe.
It was as if an invisible hand was gripping his neck!
until...
"Bang!!!"
An unprecedentedly clear and loud bang echoed throughout the First Courtroom, instantly silencing everyone else.
Everyone held their breath and looked toward the stage.
But then I saw...
Presiding Judge Lü Guang took a deep breath, then his eyes swept across the crowd. He said in a deep voice, "Now, regarding this case, I declare..."
99
talking.
He paused slightly, and then a voice filled with suppressed emotion boomed in everyone's ears.
"Court adjourned!!!"
Adjournment...
Two words were uttered.
The tense atmosphere in the First Court suddenly eased, allowing everyone to breathe a sigh of relief.
The court adjourned, in other words, the debate that could have been straightforward and ended abruptly, focusing on the "driving under the influence of drugs" factor, has now disappeared.
Instead, the case was completely brought into the high-intensity and complex drug trafficking case brought by Xu De!
The intensity and complexity of the task make it impossible to finish it hastily.
In addition, the prosecution has requested an amendment to the indictment, so the court must adjourn the hearing to reinvestigate the case.
However, a recess does not mean there are no advantages.
On the contrary, this is the perfect time to establish an overwhelming advantage!
"Phew~ Court adjourned..."
9
On the prosecutor's bench.
Prosecutor Zheng Tong's anxiety subsided, and he looked toward the judge's bench.
At the judge's bench.
at this time.
Presiding Judge Lü Guang let out a deep breath. He stood up irritably, but his vision went black and he stumbled. Fortunately, the two judges beside him quickly grabbed him, and he didn't lose his composure.
Immediately, the three judges walked away hastily with heavy steps.
The case has changed, and they must reconvene for a thorough investigation!
Thinking this, the three judges disappeared from sight in just a few seconds.
Seeing this scene.
Prosecutor Zheng Tong looked away, feeling his blood boil, and a look of surprise appeared on his face.
"The court adjourned... They didn't deliver the verdict directly as stated in the indictment. This is our chance!"
In theory, Lü Guang had the right to disregard Xu De's opinion and proceed directly with the trial according to the indictment, and then use Cai Peng's defense to reach a verdict.
After all, this accusation was not included in the indictment!
In other words, the current recess means...
"The complaint can be amended now!"
Without hesitation, Prosecutor Zheng Tong stood up, his fists clenched, not out of anger, but out of excitement. He turned to Xu De, who was sitting in a chair not far away, and said excitedly, "Prosecutor Liang, go back to the Municipal Procuratorate immediately, contact the Chief Prosecutor, and apply for amendments to the indictment!"
The prosecution needs to adjourn.
Why?
"Because the court cannot convict on criminal charges other than those stated in the indictment, and if they want to convict the defendant of drug trafficking, which is not stated in the indictment, they must amend the indictment, which requires a recess to allow time for the court to proceed."
They need to go back to the procuratorate, attend a meeting, see the chief prosecutor, and go through a series of procedures.
But to put it another way...
If we make changes, we've already won more than half the battle!
Even if the exact amount of drugs trafficked cannot be determined, the casualties alone are enough to cause Zhao Rui serious trouble!
Liang Bingxin was also extremely excited and murmured to himself.
Drug trafficking has resulted in two deaths and three serious injuries... This is more than just a heinous crime!
If this charge could actually be used to convict someone...
"Solving a traffic accident case can instantly turn into arresting vicious drug traffickers. Even the police officers who only participated in the arrest would probably want to give them a banner of appreciation!"
As for driving under the influence of drugs? What driving under the influence of drugs? The case wasn't about driving under the influence of drugs at all!
"A lawyer...this is what a civil litigation lawyer should be like!"
Zheng Tong weaved through the layers of people, gazing at Xu De's profile in the civil litigation seat, his voice fervent and his heart filled with excitement.
This is how cases should be handled!
To be honest, if time hadn't been so tight, Zheng Tong would have loved to take Xu De away so they could have a proper chat and get to know each other better.
As for the shooting incident?
Let's keep things separate! Let's not bring up the past!
"Go, quickly go and amend the complaint!"
"We need to act quickly. Also, contact the police; we must determine the exact amount of drugs Zhao Rui trafficked!"
Zheng Tong reluctantly looked away.
Having made up their minds, the two, along with the third prosecutor, packed up their materials, got up, and hurriedly left.
And in the instant they left...
First Court.
Suddenly, it was as if a layer of ice had shattered.
The seat for the civil litigation agent.
Xu De sighed slightly, seemingly disappointed but also somewhat expectant, and calmly packed his things.
At this moment, lawyer Zhao Chenggong stared at Xu De with an admiring look in his eyes.
Before the trial, Zhao Chenggong knew that this business partner "was going to help him win."
But the other side never said they would win this way!
Zhao Chenggong had a million things he wanted to say, but seeing Lin Yue and Zhang Wei packing up the materials, he could only suppress his excitement and...
It started to move.
but.
Just because they didn't speak doesn't mean no one else did.
"Drug trafficking... Where did this drug trafficking come from... How could anyone even think of 'drug trafficking' in a case like this? Are you kidding me... Are you kidding me!?"
at this time.
In the defendant's dock.
Top lawyer Cai Peng was panting heavily. He sat weakly in his chair, his back soaked with cold sweat.
He murmured to himself, his mind still replaying the court proceedings.
Immediately, shock gradually appeared on Cai Peng's face. He looked up in disbelief, his eyes fixed on the figure in the civil litigation agent's seat.
This perspective...
From what angle did the other person make that connection?
"What are you talking about? You almost knocked me out..."
"Cai Peng murmured, his words filled with deep fear.
Immediately afterwards, he got goosebumps and felt an unprecedented sense of urgency.
After the court recess, the prosecution can use the indictment for "drug trafficking" to pursue charges.
If, by then, my preparations are still in the same state...
That wouldn't be "almost knocked out".
It's 100%!
Thinking of this, Cai Peng felt a tightness in his heart, and his gaze towards Xu De held a hint of grief and indignation, but he forced himself to suppress it, and simply stood up and hurried away.
"Let's go...let's go first!"
After saying this, Cai Peng left the scene with a heavy heart, his back view looking as if he had two mountains on his shoulders.
After he and Xu De left one after the other.
At this point...
In the audience.
Hundreds of people stared at the empty trial area, slowly coming back to their senses. Their faces were filled with astonishment as they looked at each other, hesitant to speak.
Especially those media reporters in the seats who came to report on the "drug driving case" were completely bewildered as they recalled the court proceedings, exchanging bewildered glances.
"Has the nature of the case changed?"
"Yes... It looks like the death caused by driving under the influence of drugs will be classified as a drug trafficking case... This is a serious case, isn't it?"
"Then how should we report on it? When we were writing the case reports before, the articles were all based on the premise that this case involved drug-impaired driving, with all sorts of speculation and predictions..."
"
"If we report this way, aren't we contradicting ourselves?"
The words were spoken.
The reporters fell silent, unable to utter a single word.
How should it be reported?
Suddenly saying the case has changed? I'm afraid people will accuse me of fake reporting to grab attention, especially those in the legal profession.
The presiding judge in this case, Lu Guang, didn't even know that the case he was handling was about drug trafficking, even though the case was halfway through!
If this were to be reported out rashly...
I'm afraid that residents and lawyers who read the newspapers will have quite a few ideas popping into their heads.
Thinking of this, the reporters fell even more silent. After a long while, someone finally took a deep breath and said, "We'll report on how the case was handled!"
Slapping yourself in the face? No problem, if you slap yourself too many times, you won't be the only one who loses face.
What should be worried about are Xu De's fellow lawyers in the legal profession who predicted the outcome of his drug-driving case before the trial and considered themselves elites!
Someone raised an eyebrow. "Not a single word changed?"
"Not a single word changed!"
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