Lawyer: Start with legal retaliation against infidelity!

Chapter 348 Feint Attack Turns into Main Attack! The Drug Kingpin! The Plan Has Changed! [Two Chapters Combined, Requesting Monthly Tickets!]

"Absolutely not fatal!"

The four words fell in the detention center lobby, and Zhao Tianhe stared at Cai Peng for a long time with a blank expression.

Finally, he withdrew his gaze, stood up, and left the other person with his back turned.

"it is good."

"I hope Attorney Cai won't let me down."

Upon hearing this...

Cai Peng's heart, which had been hanging in suspense, finally settled back into his stomach. He breathed a sigh of relief, sat down in his chair without any strength, and wiped the cold sweat from his forehead.

He managed to handle things with Zhao Tianhe, but...

This case cannot be dealt with by simply "coping".

But it's okay.

"The 'drug trafficking' charge is a feint by the prosecution; once they see through it, they'll have no way to get Zhao Rui into a fight."

"At most, it's a minimum of seven years in prison."

"As for the charge of intentional homicide"... if the motive for murder is clear, then it is indeed difficult to invoke a psychiatric evaluation. However, as long as one is not led by the nose, then...

'

"The motive for murder cannot be determined; the only two possibilities—driving under the influence of drugs or drug trafficking—are difficult to establish. This is the perfect opportunity for a mentally ill person to take advantage of the situation."

Lawyer Cai Peng sat in a chair with his elbows on his knees, deep in thought, a strange expression in his eyes.

What needs to be done now...

It is specifically designed to deal with "intentional homicide"!

Thinking of this, Cai Peng's eyes flashed, and he immediately took out his phone and dialed the next number.

"Beep beep beep~"

The phone beeped, and soon the call was connected with a "beep".

Immediately afterwards, a slightly soft voice slid into my ears from the speaker.

"Feed?"

This is a woman's voice.

Cai Peng stood up, one hand in his pocket, paused slightly, and then asked, "Secretary Yang, what is the current attitude of the family members involved in the case?"

Upon hearing this, Secretary Yang, who was at Hongda Law Firm on the other end of the phone, paused slightly before replying, "The families' attitudes have softened somewhat... I'm referring to the families of the five victims who sustained minor injuries. However, one side's attitude is unclear. It seems that the victim's father wants to take the money, but the mother is hesitant."

The father softened, but the mother hesitated?

This is of no consequence to the case.

"What about the deceased and their seriously injured family members?" Cai Peng asked again.

Secretary Yang: "The attitude of the deceased's family has softened somewhat. Of the three seriously injured... two will be held accountable, and the attitude of the third is currently unclear."

Overall, the families of all ten individuals have calmed down somewhat.

The reason why the person with serious injuries is willing to talk is twofold: firstly, he is not dead, but needs money for treatment and secondly, he needs money to support himself for the rest of his life due to his disability.

They were forced to compromise!

The deceased's family... has become even more straightforward.

More than a month after his death, it's inevitable that one or two family members would be tempted by the lure of a large sum of money. Even if they weren't tempted, they still had to face reality.

When a able-bodied member of the family dies, the children and elderly all need money!

Even if the deceased's spouse is adamant, as long as enough money is offered... they can be persuaded to compromise to some extent.

But then again, it will cost a lot of money!

That's just right.

"Throw money at the victims: 500,000 yuan for the seriously injured, 200,000 yuan for the slightly injured, and 1 million yuan for the deceased's family!"

Cai Peng took a deep breath, a resolute look in his eyes, and spoke with exceptional clarity.

Unexpectedly, Secretary Yang was somewhat taken aback by these words.

"Attorney Cai, this...this compensation alone is four and a half million! Not even counting medical and hospitalization costs."

450 million might not seem like much in later generations.

But this is 2003, which is equivalent to more than ten million!

The compensation alone will amount to tens of millions!?

Secretary Yang's voice, slightly somber, came through the speaker as she said, "Besides...it's unlikely that President Zhao would agree, is it?"

"I think we could use the money on the more threatening 'drug trafficking' charge, and if witness Zhang Yao is willing to cooperate... that piece of evidence could be erased."

To be honest, Zhao Tianhe found it hard to agree... For him, the money could be lost through investment or spent on his own.

But if he were to compensate a group of people at the bottom of society, he would feel extremely uncomfortable!

However, times have changed.

"No, Mr. Zhao will agree."

"During the first court hearing, the prosecution put a lot of pressure on Mr. Zhao, who was clearly in a hurry."

"It's like a gambler's mentality; they're more likely to bet more now than before, meaning they'll likely pay out more!"

talking.

Cai Peng paused slightly, a hint of sarcasm in his voice, and said mockingly, "For this, we should really thank the civil litigation lawyer!"

Zhao Tianhe is like a tube of toothpaste; you have to press it slightly to get the toothpaste out.

Although there was a lot of toothpaste, he could spit it out.

For the victims' families, however, it represents an unprecedented huge sum of money.

The saying goes, "A generous reward will surely bring forth brave men." Although the intentions are different, the principle is similar. As long as the money is enough, emotions will naturally be suppressed. Even the family members who have lost a loved one will have to reconsider whether to pursue accountability or accept the money!

Obtaining the understanding of the victim's family... is crucial to the part of the "accusation of Zhao Rui's murder"!

"Heh, without a civil lawyer... we wouldn't have enough leverage to reach an agreement with the families of ten victims."

Cai Peng gave a cold laugh for a moment.

Secretary Yang then asked, "What about the charges regarding 'drug trafficking'? According to information obtained by the law firm, the city prosecutor's office is proceeding with the amendment process for the indictment, and the chief prosecutor has already approved it."

Tsai Peng directly rejected the idea, shaking his head, "This is a feint by the prosecution!"

"A feint attack?" Secretary Yang was slightly taken aback.

Cai Peng nodded, took a deep breath, and after careful consideration, confirmed, "That's right, it's a feint!"

"Just do as I say."

After saying that, Cai Peng didn't bother to explain further and hung up the phone.

Ignore the "beep beep" sound in your ears.

Cai Peng stood up, walked out of the detention center, and looked at the gray sky above him, feeling as if he were carrying a huge boulder on his shoulders.

He murmured, "Ultimately, a civil litigation agent has to act according to the client's wishes!"

"Once the interests of the defendant and the plaintiff in the civil suit are aligned... the so-called lawyer seeking accountability has no right to pursue accountability!"

As Cai Peng spoke, a hint of anger flashed in his eyes.

As the saying goes, even a dragon crossing the river can't suppress a local snake.

He would like to see.

Is this outsider more powerful, or is this local tyrant from Haicheng more skilled?

"To relieve the siege of Wei by attacking Zhao, to feint to the east while attacking in the west? Hah... the old almanac's tricks."

The words were spoken.

As soon as Cai Peng stepped out of the detention center, he began to implement his own defense tactics.

And as he continued to implement his methods...

10 month 28 number.

Nine o'clock in the morning.

Haicheng, Houde Law Firm Office.

"This is bad news! Director Xu, the defendant must have gone all out."

"When I went to the hospital last night to check on the victim's recovery, the client's attitude softened somewhat."

Inside the law firm.

As Xu Delin stepped into his law firm's office area.

He originally intended to first arrange workstations for Qian Hao, Lao Shu, and others who had come from Lusen City to Haicheng.

result.

As soon as he and Lin Yue stepped into the law firm, they were led aside by Zhao Chenggong, the lawyer who had been waiting for them at the door.

Seeing this scene.

Lin Yue looked puzzled. She frowned slightly and hesitated before saying, "Attorney Zhao, please don't rush. Let's talk slowly."

"You mean the 'drug trafficking case'?"

"The case has gone wrong? That can't be right. Didn't we already have the upper hand at the first hearing? It seems like we just need to wait for the prosecution to amend the indictment and win the case at the second hearing."

Xu De also frowned as he looked at Zhao Chenggong.

Upon hearing this...

Zhao Chenggong's square face grew increasingly anxious, but he remained calm. He took a deep breath and slowly said, "Listen to me first, it's like this."

"Last night, I went to see Dong Fen... who is also my civil litigation client, to inquire about the child's recovery progress, in order to prepare the supporting materials for any subsequent claims."

"However...during the investigation, I discovered that, for some reason, when I mentioned criminal prosecution in the case...Dong Fen and Wang Chuanfu's attitude suddenly softened!"

"At that moment, I realized that something was wrong."

Zhao Chenggong's expression hardened, and he said in a deep voice again, "Then I spoke with the other family members to get some information, and I finally discovered... the defendant and the client were directly negotiating a compensation agreement privately!"

"Damn it, Cai Peng... no, Zhao Tianhe is going all out!"

"Each family member of the deceased will receive one million yuan in compensation; the seriously injured will receive 500,000 yuan; and even those with minor injuries will receive 200,000 yuan!"

"The cash compensation alone amounts to at least 4.5 million! And that's just the starting price; judging by their attitude, they could raise it even higher!"

Compensation? I did expect that, but...

Four and a half million in compensation!?

Good heavens, these days, pulling out four and a half million in one go... no wonder the other party described the moment they heard that as "bleeding."

Xu De paused slightly, raised his eyebrows, and felt a sinking feeling in his heart as he immediately realized the cause and effect of the problem.

"Bad news... The drug trafficking charge caused Zhao Tianhe to overreact."

Lin Yue, however, was focused on something else. Her brow furrowed, she looked up at Zhao Chenggong, her tone stern, and placed her hands on her hips, saying, "Private negotiation!?"

The "Code of Conduct for Lawyers" does not state that a defendant's lawyer can negotiate privately with the other party's client.

However, professional ethics guidelines clearly state that, "If you know the other party has already retained legal counsel, you should prioritize communicating through their legal counsel!"

However, Cai Peng is clearly getting impatient and is directly disregarding professional ethics by privately seeking to negotiate with the family.

"It was a private negotiation."

Zhao Chenggong was helpless. He sat in the waiting room, tilted his head back and drank a glass of water, but he couldn't wash away the bitterness on his face.

"How could this person do this?!"

Lin Yuexing glared, her eyebrows furrowed, and resentment welled up in her chest.

"Damn... It's working so fast, it must be an illegal operation, using deception and bribery to achieve compensation."

"This clearly violates the code of conduct for lawyers: [It is forbidden to obstruct the opposing party's practice of law or harm the rights and interests of the opposing party in an improper manner!]"

Lin Yue was shocked.

She knew that their accusations would provoke the other party into taking desperate measures.

But I really didn't expect that the day after the case ended, they would start negotiating in violation of regulations!

It's important to understand that it's unlikely that you can get a million dollars in compensation for killing someone in a hit-and-run accident; the legally reasonable compensation is usually around 300,000 dollars.

Tsai and Peng started by asking for millions...

A complete temptation!

"Should I file a complaint with the Bar Association and the Justice Bureau?"

Zhao Chenggong was also a little anxious. He looked at Xu De, who was sitting on a sofa on one side of the waiting room, and asked, "Although Hongda Law Firm is having some difficulties... this case is a hot topic. The Bureau of Justice can't just sit idly by and watch them do this!"

Xu De shook his head, his brows furrowing as he pondered a deeper matter. He shook his head slightly and said, "No, that's not the most urgent thing right now."

"The defendant's response strategy... is a bit off."

"They did not launch an operation targeting 'drug trafficking'."

Theoretically speaking, between intentional homicide and drug trafficking, the latter seems more intimidating.

Furthermore, during the first trial, all the defenses made by the opposing side were undermined by their own drug trafficking charges.

If that's the case, then there's no reason to ignore this during the recess and continue to defend the "intentional homicide" charge!

unless..

"You mean, they realized the 'drug trafficking charges' were a ruse?!"

Beside him.

Lin Yue paused for a moment, then clenched her fist.

Xu De nodded, his brows furrowing. He took a deep breath and nodded again, saying, "Yes... I can't think of a second answer."

If they can see through the feint attack... then their offensive capabilities have been reduced by almost half.

Unless it's the prosecution that can exert influence!

That is, if the prosecution rejects any mitigating factors for the defendant in the "drug trafficking" charge, such as "no intention to sell drugs" or "no profit from drug trafficking," the defendant can be sentenced to at least 12 years in prison!

Therefore, the charge of intentional homicide would also be much more severe. Even if the family members all forgive and do not pursue the matter, the death penalty with a reprieve or the death penalty is highly likely.

The rate will still rise.

But here is the problem.

This matter is unlikely to be accomplished!

"What should I do?" Lin Yue pondered for a long time but couldn't come up with a good solution.

Should the client be held accountable?

Impossible. With the lure of a million-dollar compensation, the client would inevitably make an inside deal.

Cai Peng's move was brilliant.

He also compensated the families of the slightly injured with 200,000 yuan. Since the slightly injured people themselves didn't have any intention of holding Zhao Rui accountable, they would definitely agree under the temptation of 200,000 yuan.

Thus, even if the families of the deceased and the seriously injured are resolute, seeing the family of the slightly injured holding a huge sum of 200,000 yuan inevitably makes them waver.

Therefore, the idea of ​​pursuing criminal charges against the client was ultimately abandoned.

So, is it possible to commit drug trafficking and murder? Although that's the charge, actually achieving it would be extremely difficult.

Moreover, Cai Peng had already anticipated this, so the other side would naturally be on guard!

"There's nothing we can do about the 'intentional homicide' charge."

Xu De shook his head slightly; his brow remained furrowed.

In criminal cases, as long as the injured patient is not dead and their family is willing to forgive them, that forgiveness can almost exonerate the person involved.

It's not just a matter of leniency, it's a reduction in punishment!

in this way.

Excluding the families of the eight injured, the charge of murder can only be pursued for causing the deaths of two people, one with indirect intent and the other with intent.

The two of them are not necessarily going to die!

Cai Peng used the novel "Mental Illness" to attack the motive for murder. Even if the crime is not considered to be committed by a mentally ill person, the sentence will still be reduced due to the mental illness factor during the sentencing stage.

No matter how you look at it... from a criminal perspective, it's difficult to achieve retribution through bloodshed.

but...

"What about the drug trafficking charge? After the court session adjourned, did the police make any progress in their investigation into the drugs Zhao Rui 'sold'?"

Xu De suddenly changed his mind and turned to look at Lin Yue.

The other party is in charge of this matter.

Upon hearing this, Lin Yue recalled the process of her search and nodded immediately, then took out a document from her briefcase.

"Found it."

"Zhao Rui confessed, and drug dealer Sun Rui also stopped denying it."

"However, Sun Rui handled the situation very quickly. Although she confessed, the drugs themselves were not found."

But that doesn't matter anymore.

The report clearly states that Zhao Rui transferred 44 grams of high-purity heroin to Sun Rui, who then stored it at a local karaoke bar.

The goods were sold out in bars and other places; due to their high purity and quality, they were completely sold out on the night of the 24th.

"However, I think it's definitely more than 44 grams...because the testimonies from both sides don't match, but right now, the most that's publicly stated is 44 grams."

gram."

44 grams of high-purity heroin?

Xu De frowned as he took the report from Lin Yue.

There are two types of reports. One type is the test report on the paper bag that Zhang Yao provided for transferring drugs.

Another type is the report given by the police.

Xu De watched slowly, while Lin Yue added, "Zhao Rui is rich, and the heroin he has is shockingly pure; even the narcotics police rarely see this level of purity."

"It has a purity of 97%!"

"Sun Rui got the raw bricks from the first-level supplier. The ones she gave to Zhao Rui were not mixed with any other additives. They were cut from the raw bricks, which is far superior to those from the third or fourth middlemen."

"That's why it was able to be processed on the 24th."

66

'

Movies and TV shows often feature drugs that claim to be 999, or 99.9% pure, but in reality, this is just a "gimmick" used by drug dealers.

In reality...

Second-hand dealers typically sell drugs with a purity of 30% to 60%, while even major drug lords usually sell drugs with a purity of 75% to 60%.

90%.

The 97% purity that Zhao Rui possesses is a level that even anti-drug police officers rarely encounter!

only..

Xu De wasn't concerned about purity; after reading the report, he was more concerned about something else.

"etc."

"97% pure drugs? How could Zhao Rui use that?! He dares to touch something like that!?"

Xu De suddenly frowned and turned to look at Lin Yue.

"He can't just inhale that stuff!"

Upon hearing this...

Lin Yue and Zhao Chenggong were suddenly taken aback; clearly, this had touched upon a blind spot in their knowledge.

For drug users, higher purity is not necessarily better.

For drug dealers, it simply means "more raw materials" and a better deal!

97% pure flour, if ingested using methods like injection (where 30% is consumed), could kill someone instantly!

and so.

97% of drugs have so-called raw materials. Since they are raw materials, they need to be processed into finished products, which means adding excipients to reduce their purity.

so..

"Something's not right... Zhao Rui doesn't seem like an old drug addict. His body's tolerance isn't high enough to directly inhale 97% of the drug."

"Something fishy is going on here."

Xu De frowned, and without hesitation, turned his head to look at another test report.

In other words, he submitted the document to a narcotics testing center under the pretext of "garlic extract," and the test results showed that the paper bag contained heroin!

The paper bag that was examined was found to contain drugs that Zhao Rui had previously used to pack and sell!

However, this more detailed investigation revealed...

"Alcohol content?"

Xu Deding glanced at it, then narrowed his eyes and fell into thought.

Lin Yue, who was standing to the side, leaned over to take a look, paused slightly, and then said, "It contains alcohol."

"This is the packaging for imported liquor. After all, Sun Rui is ostensibly the owner of a tobacco and liquor store, and she regularly buys and sells bootleggings."

"Therefore, Zhao Rui will be able to transfer the drugs smoothly using the liquor box."

"It's normal to find alcohol on the wine box."

Is it normal?

"No, something's not right."

Xu De shook his head slightly. He paused, thought for a moment, and then pointed to the report, saying, "The heroin and alcohol components were identified on the same stain."

"In other words... these two things intertwined at some point!"

Blending together?

What does this mean?

in other words.

The idea is to mix drugs into alcohol, so that, as Xu De previously stated, Zhao Rui cannot directly consume 97% pure heroin; he must find something else to reduce its purity!

"You mean... the supplements Zhao Rui used?" Lin Yue asked tentatively, taken aback.

Xu De stared at her without saying a word, only nodding slightly.

What does this mean?

To put it simply, firstly, most people probably don't know what criteria are used to determine drug sentencing...

That's the total mass of drugs!

What is quality? Quality is not purity, it's weight, it's grams!

in other words.

Selling 44 grams of heroin with 97% purity is the same as selling 44 grams of heroin with 30% purity; both are treated as trafficking 44 grams of drugs and carry a sentence of 7 to 15 years!

Does that matter?

Looking at this, you might not feel anything, but what if the above theory were expressed to you in another form?

"Attorney Lin, Attorney Zhao."

"If, to avoid being caught with drugs, someone were to mix 10 grams of drugs into 40 grams of flour."

"So, what was the amount of drugs shown in the police seizure report?"

Xu De suddenly narrowed his eyes and asked a question.

Upon hearing this...

Zhao Chenggong blurted out instinctively, "The verdict for 50 grams of drugs!"

Yes.

If you mix 10 grams of drugs into 40 grams of flour, the law does not determine that you have sold 10 grams, but rather that the total mass is 50 grams of low-purity drugs!

What? You're saying only 10 grams of these 50 grams are drugs?

Excuse me.

Article 357, Paragraph 2 of the Criminal Law clearly states:

The quantity of drugs is calculated based on the verified amount of drugs smuggled, sold, transported, manufactured, or illegally possessed, and is not converted based on purity.

in other words.

The law doesn't consider purity! It bases sentencing on total mass!

You believe you're hiding 40 grams of flour, but objectively speaking, your action wasn't hiding, but rather adding 10 grams.

The "drug raw materials" were diluted into 50 grams of drugs!

As long as the crime of "destroying drugs" is not achieved, the sentencing level will be based on the total weight of 50 grams.

The same reason.

Zhao Rui has 44 grams of heroin with a purity of 97%.

What if... he added some additives to the drug for consumption? In that case, the total mass of the drug would have to include the additives.

As for the total mass?

"That liquor box... how many milliliters is labeled as 'foreign liquor'?"

Xu De suddenly asked another question.

Lin Yue thought for a moment and replied, "700 milliliters. I recognize this bottle of wine."

"It's considered a luxury item, costing tens of thousands of yuan per bottle."

700 ml, then according to the density of alcohol, the total weight should be... 660 grams?

If Zhao Rui really did use this bottle of wine as an ingredient to dilute the 44 grams of high-purity heroin he purchased.

So.

Theoretically and legally, this is 660 + 44, or 704 grams of total drug mass!

If...

On September 24, Zhao Rui's act of transferring these 704 grams to Sun Rui constituted the crime of drug trafficking.

From a legal perspective

Zhao Rui should be identified as a major drug lord who trafficked 704 grams of heroin!

704 grams.

704 grams!!!

In practice, the amount of heroin for which the death penalty is usually imposed is around 400 grams.

Although low purity is a subjective factor that influences sentencing.

But then another problem arose! Zhao Rui said she "sold" 40 grams, while Sun Rui said it was 44 grams... The two sides' testimonies are inconsistent.

These two numbers have a very obvious characteristic.

That is, both are at the limit of 50 grams for sentencing, which is the lowest possible amount!

Secondly, there's a very counterintuitive perspective.

If the auxiliary ingredient is 660 grams of alcohol, then if 44 grams of high-purity heroin are mixed in, the total drug weight will be 704 grams... with very low purity.

A rich man like Zhao Rui, would he really tolerate using drugs with a single-digit purity?! Even a poor drug addict might not be interested in that purity; he'd rather just drink a couple of sips of cough syrup!

and so.

It's highly likely that... the total amount of heroin is definitely more than 44 grams!

50 grams? 70 grams? 100 grams? Or even... 200 grams!?

In a daze.

In the waiting room of the law firm.

Xu De sat on the sofa, his gaze towards Lin Yue and Zhao Chenggong becoming strange, his eyes filled with deep thoughts, leaving the two somewhat puzzled.

until..

In a daze, Xu De suddenly spoke, uttering a sentence.

"The plan has changed."

"From feint attack to main attack!"

"This case should be approached from the perspective of 'drug trafficking'!"

Should we start with drug trafficking?

The moment the words left his mouth, Zhao Chenggong's expression changed slightly, and he froze for a moment.

After absorbing Xu De's words, his eyes twitched, and he subconsciously said, "Attorney Xu."

"That doesn't make sense. It's only 44 grams of heroin, plus favorable factors... At most, Zhao Rui should only get 7 years!"

7 years?

"Seven years in prison? No."

Xu De shook his head. He slowly spoke, ignoring Zhao Chenggong's shocked face, and said seriously, "There's no way a major drug lord like Zhao Rui would only get 7 years!!!"

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