Lawyer: Start with legal retaliation against infidelity!

Chapter 347 Cai Peng: Absolutely No Death! [Seeking Monthly Tickets!]

In theory, the job of a defense attorney is to respond to the prosecution's charges.

The prosecution currently has only two charges: driving under the influence of drugs and intentional homicide.

In theory, Cai and Peng handled the situation very well. At the very least, the prosecution's charge of driving under the influence of drugs could not be established under any circumstances, and it would not stand!

But would Cai Peng dare say that to Zhao Tianhe? No!

"Mr. Zhao, please...please let me explain, please let me explain!"

Inside the detention center.

Cai Peng wiped the sweat from his forehead, looked at Zhao Tianhe in front of him, took a deep breath, and said in a deep voice, "This matter... does indeed deviate a bit from my plan."

"Of course, from the current perspective, this could also be an opportunity for us!"

Upon hearing this, Zhao Tianhe was instantly enraged and roared, "Opportunity? What opportunity is there for drug trafficking?!"

"Attorney Cai, are you still half asleep?!"

Driving under the influence of drugs turned into drug trafficking. If it weren't for the fact that he still needed Cai Peng, Zhao Tianhe would have loved to eat Cai Peng alive.

As a real estate tycoon, he knew perfectly well what was permissible and what was not in the domestic legal system. If Zhao Rui were to get involved... even if he hired the top lawyers from the Hong Kong legal circle, or assembled a team of top lawyers from across the industry, it would be utterly useless...

Seeing that he was losing control of his emotions, Cai Peng did not hesitate. He stared at Zhao Tianhe and suddenly said, "President Zhao, I spoke with Mr. Zhao earlier."

"Based on the information we have, it's definitely not a complete lack of chance! Trust me, I never exaggerate!"

Zhao Tianhe stared at him for a long time. After a moment, he took a deep breath and suppressed his emotions.

"explain."

Upon hearing this...

Lawyer Cai Peng took a deep breath, gently rested his right hand on his chin, and looked thoughtful.

What he said to the other party was definitely not just for his own protection.

Instead, there is clear evidence!

"Mr. Zhao, according to the prosecution and civil proceedings, Mr. Zhao transferred the drugs to Sun Rui before I took over the case."

This behavior constitutes the crime of drug trafficking.

"This point is difficult to circumvent from a legal perspective, but..."

'

"Mr. Zhao."

"The sentencing for drug trafficking is based on the quality of the drugs sold!"

Cai Peng glanced subtly around the detention center, then his eyes flashed, and he spoke in a low voice to Zhao Tianhe.

Upon hearing this...

Zhao Tianhe paused slightly, his brows furrowing, but then, as if remembering something, his half-raised hand lowered slightly.

The charge and the sentence are two different things.

Some crimes sound intimidating, making you think the sentences must be very severe. For example, "intentional homicide" can result in a sentence of twenty years or even death!

In addition, "drug trafficking" is another crime that people immediately think will be severely punished.

But...that's not actually the case.

The disparity in penalties for "drug trafficking" is extremely exaggerated!

Article 347 of the Criminal Law, "Drug Trafficking," determines the sentencing standard based on the "grams sold."

"In other words, the less you sell, the lighter your sentence will be."

"The upper limit can be enforced to the death! But the lower limit...."

Lawyer Cai Peng slowly exhaled a breath of stale air, his eyes regaining some clarity. He frowned, pondering, "The lowest possible outcome is that he might not even go to jail!"

"That is, the basic penalty under criminal law: imprisonment for up to three years, detention, or public surveillance, and a fine!"

Drug trafficking sounds terrifying, but what's truly frightening about this crime is the severe punishment.

Even the lightest sentence would only be two or three years!

Even worse, some people are convicted of drug trafficking but do not have to serve time in prison; they only need to be detained or placed under probation and pay a fine!

It's important to understand that, in terms of the minimum penalty, this is almost the same as fraud, intentional injury, and accidental injury.

"Lower limit..."

A thoughtful look flashed across Zhao Tianhe's eyes.

His thick eyebrows furrowed as he stared at Cai Peng before him. After a long silence, he slowly spoke, his tone softening once more: "Continue."

Cai Peng nodded without hesitation and laid out his thoughts: "President Zhao, the standard for conviction of 'drug trafficking' is based on the 'grams of drugs trafficked'."

"And even if Mr. Zhao is indeed convicted of prostitution, how much could he possibly sell for?"

"I can give you a specific number."

He said this without waiting for Zhao Tianhe's reply.

Cai Peng then held up four fingers, his eyes serious and earnest.

"40 grams of heroin!"

"I had an emergency meeting with Mr. Zhao before you came to the detention center."

Mr. Zhao claimed that he purchased 150 grams of high-purity heroin from drug dealer Sun Rui.

"But after consumption, only 40 grams of that 150 grams will remain!"

"in other words."

"On the afternoon of September 24th, witness Zhang Yao..." he said, "No, or rather, Mr. Zhao was involved in trafficking. He could only have trafficked a maximum of 40 grams of heroin!"

40 grams.

This is considered a relatively large amount in sentencing standards, and according to the law, it should be punished with 7 to 15 years of imprisonment.

15 years?

To be honest, if it were in the early stages of the incident, Zhao Tianhe would not have accepted it, since his attitude showed that he wanted Zhao Rui to avoid responsibility.

But as the case has dragged on for so long, Zhao Tianhe suddenly feels that 15 years isn't so bad after all.

At the very least, it's not the death penalty, is it?

but...

"Mr. Zhao, don't worry, this case won't result in a 15-year sentence."

"Firstly, in legal matters concerning drug trafficking, many factors are considered when making a judgment, rather than rigidly adhering to the law."

"For example, selling 50 grams of heroin would very likely constitute a death sentence under sentencing standards."

Seeing that Zhao Tianhe's eyes were twitching, Cai Peng immediately seized the opportunity.

"But in actual judgment cases..."

"Often, it takes 500 or 600 grams for a suspect to be sentenced to death!"

The sentencing standard is that 50 grams could lead to the death penalty, but in practice, it takes 10 times that amount to get the death penalty.

What if we apply this logic to 40 grams?

40 grams, which falls under the second-tier sentencing standard.

Theoretically, the maximum sentence is 15 years, but it is 10 grams less than the 50-gram threshold, so the sentence will be in the middle, around 12 years.

"But we don't only have disadvantages!"

"First of all, Mr. Zhao is not a repeat drug offender or a habitual offender, but a first-time offender!"

"Secondly, regardless of what the civil and public prosecution say, Mr. Zhao's subjective intent was not to explicitly traffic drugs, nor did he intend to; it's just that his actions happened to qualify as drug trafficking!"

"Especially the second point; this will be the main basis for our defense!"

As Cai Peng spoke, he pulled out a notebook.

He unfolded the paper, and there were densely packed words on it, which were the notes he had taken during his previous conversation with Zhao Rui.

Judge Lü Guang is a rigid old man who only looks at evidence, not just the law.

Those who rely on evidence tend to prefer making judgments based on facts!

In this case, did Zhao Rui actually traffic drugs?

Objectively speaking, it constitutes a crime, but subjectively... Lü Guang could not possibly believe that Zhao Rui transferred the drugs with the intention of trafficking them!

Therefore, in general, as long as the defense insists on this behavioral factor, it will almost certainly become a factor for sentence reduction.

so..

"Seven years!"

"Mr. Zhao, based on the current situation of the case, even if Mr. Zhao is found to have sold 40 grams, given the favorable factors... he could easily be sentenced to up to seven years in prison for drug trafficking!"

"The only tricky one is 'intentional homicide'!"

Cai Peng handed the notebook to Zhao Tianhe.

Seeing that Zhao Tianhe had lost his anger and instead showed a thoughtful expression, he blurted out his last words.

"The prosecution's aim is simply to attribute the 'deceased's' death to 'drug trafficking.'"

"In summary, the objective act of drug trafficking resulted in the deaths of two people and injuries to seven others! This subsequently influenced the judge to impose a severe sentence on the charge of 'intentional homicide'!"

"In other words..."

"Their real goal isn't to win the drug trafficking case, but rather the long-hidden charge of 'intentional homicide'!"

Just a few words.

Cai Peng then broke the case down into several parts and even uncovered the prosecution's true motives.

Yes, drug trafficking is not a capital offense.

What's truly terrifying is the combination of drug trafficking with "intentional homicide"!

next second.

Cai Peng's eyes flashed. Having broken free from the trial rhythm controlled by Xu De, he calmed down and instantly displayed his true level of legal expertise.

He then said, "But this factor cannot be determined!"

"The prosecution isn't stupid. They probably didn't intend to use 'drug trafficking' as a pretext for severe punishment. Instead, they set an extremely high price, leaving the judge to consider it carefully before ultimately concluding that the death was caused by 'driving under the influence of drugs.'"

"In fact, this price was offered to us!"

"They make drug trafficking unacceptable to us, but we can accept driving under the influence! This forces us to admit the case was due to driving under the influence."

"but!"

"In the case itself, the prosecution cannot produce evidence of drug driving, so as long as we do not admit it, drug driving cannot be established."

"And under Judge Lü Guang's arbitrary judgment, someone who bases his judgment on facts...would not determine that Mr. Zhao's subjective intent was drug trafficking, and naturally would not consider the case to be 'Zhao Rui causing the deaths and injuries of ten people due to drug trafficking'!"

This created a loophole in the trial.

They wanted to charge them with drug driving, but the prosecution had no evidence. Xu De tried to put psychological pressure on them, but they wouldn't listen.

Can't decide!

Is the intention to cause death through drug trafficking?

No, based on the facts, Zhao Rui did not kill anyone while trafficking drugs, so the judge would not theoretically rule that way.

If this isn't judged, and that isn't judged, then at this point...

"Our 'Psychiatric Forensic Examination' report can fill in the answer to this question!"

Cai Peng took a deep breath, his face serious.

During the trial, one of the defense arguments required the opposing side to open it up themselves.

If the prosecution cannot pry open or move the case, then there are only two possibilities.

First, there is insufficient evidence.

Second, the argument that the person is mentally ill is valid!

Therefore, if the prosecution really wants to work on the "intentional homicide" charge... they need to find a way to pry open the "mental illness" aspect.

But here's the problem: mental illness is one of the hardest things to pry into under criminal law!

so.

"Compared to the initial circumstances of the trial, the case has indeed become much more complicated."

"The civil prosecutor... that Xu De is very troublesome, I have to admit, he has added a lot of uncertainty and danger to the case."

Cai Peng became serious, and as he spoke, Xu De's face appeared in his mind.

He immediately revealed a serious expression of apprehension.

This person... is truly "extremely insidious"!

He didn't sleep a wink last night, studying all the cases his opponent had faced since becoming famous, only to discover that... all of his opponents were killed without his knowledge.

This is like a sinister, venomous snake.

When you're hiking or walking, you might not even see him, but nobody knows when he might suddenly jump out and bite you!

If bitten, the worst outcome is amputation or even the loss of a hand or foot to save oneself.

In severe cases, the victim may die on the spot before the ambulance arrives.

"Mr. Zhao, we've been bitten by this venomous snake."

"Fortunately, things are not hopeless. We won't just die on the spot, but we will have to go through something similar to amputation."

Cai Peng looked at Zhao Tianhe, his tone softened, and he stopped trying to explain to him. He even started to guide Zhao Tianhe.

"That is... a seven-year sentence for 'drug trafficking'."

Upon hearing this...

Zhao Tianhe, a man of broad build, suddenly narrowed his eyes.

His intensely piercing gaze seemed to scrutinize Cai Peng from head to toe, moving back and forth several times.

Cai Peng appeared expressionless, but inwardly he felt immense pressure.

He felt that he had made the most of the available information in his operation.

As long as one isn't fooled by Xu De's smokescreen and maintains the defense of "intentional homicide," and one's psychological defenses aren't shattered...

There's still room for maneuver in this case!

But if.

They focused all their attention on the charge of drug trafficking, and were intimidated by it.

Therefore, Xu De is very likely to stage a "besieging Wei to rescue Zhao" scenario, attacking from the "intentional homicide" charge.

For a long time.

Just as Cai Peng felt a sudden heaviness in his shoulders, Zhao Tianhe turned his gaze away.

"Attorney Tsai...how confident are you?"

As they were talking.

Zhao Tianhe's anger had subsided. He sat on a chair in the detention center lobby, looking out.

At the end of October, the temperature in Haicheng was not cold, but the sky was gray, making the whole bustling city feel a little cold.

But beneath this chill.

However, it is brewing a layer of intense public pressure!

Thinking of this.

Zhao Tianhe added in a deep voice, "You know, those people at the bottom of society outside... their appeals are quite loud."

Upon hearing this...

Cai Peng breathed a sigh of relief. He knew that Zhao Tianhe had not been blinded by anger, but had listened to his words.

As for the lower class people the other party mentioned... if society is a pyramid structure.

So, the other party and themselves are the ones at the top, looking down from their high positions, while the general public is the bottom.

Of course, on the surface, Zhao Tianhe still had to refer to them as "grassroots".

Similarly, if Zhao Tianhe wants to maintain a show of respect on the surface, it means that... these lower-class people can still cause him some trouble!

If a case generates significant public attention, the judge may indeed issue a verdict based on public opinion.

only..

"Mr. Zhao, please rest assured."

After a moment's thought, Cai Peng's eyes hardened, and his mind became clearer.

"In cases that generate significant public attention, only simple cases will result in severe penalties. For complex cases... it depends on the case itself!"

"In this case, if we follow the new defense strategy..."

'

"I am very confident that I can win, but of course, I will have to pay some necessary price, which is to cut my losses and survive."

That is, a seven-year prison sentence after being convicted of drug trafficking!

Zhao Tianhe looked into Cai Peng's eyes for a long time before finally saying in a deep voice, "Drug trafficking...not punishable by death?"

Although Zhao Rui's act of selling was not orchestrated by Cai Peng himself.

But then again... Zhao Rui only had 40 grams of drugs left. Even if he sincerely wanted to sell them, 40 grams wouldn't reach the threshold for the death penalty, and it wouldn't even reach life imprisonment.

so..

Cai Peng nodded solemnly in response, raising three fingers to give his assurance.

"Absolutely not let it kill you!!!"

Looking at his assurance, Zhao Tianhe fell into deep thought.

He pondered whether to believe it or not. After a long while, he hardened his heart and narrowed his eyes.

"good!"

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