Lawyer: Start with legal retaliation against infidelity!

Chapter 349 Xu De: This is the charm of the law! [Two chapters combined, please vote!]

A... a major drug lord?

Zhao Chenggong was stunned. He knew what a drug lord was, and he knew what a major drug lord was.

but..

Is Zhao Rui a major drug lord?

The other party only sold 44 grams in total!

Although it is heroin with a purity of up to 97%, the law has always determined the quantity, not the purity, when sentencing.

44 grams. Considering the favorable factors for Zhao Rui... a seven-year sentence would be the maximum.

It is highly likely that the other party's "drug trafficking" crime can be mitigated!

and so.

"Director Xu, this...this seems a bit problematic."

Zhao Chenggong's eyes flickered slightly. He glanced back at the law firm's lobby, where Qian Hao and the others were working, seemingly unaffected by their conversation.

Seeing this, Zhao Chenggong suppressed his emotions and said in a low voice, "The court determines the sentence based on factual evidence, not just words and descriptions of Zhao Rui."

in other words.

Even if Xu De described Zhao Rui as the mastermind behind the Golden Triangle in his indictment, the judge would not take it seriously if there was no factual basis for it.

However, upon hearing this, Xu De snorted coldly and shook his head, saying, "Ha, 44 grams... You really think it's only 44 grams of drugs?"

After he finished speaking, Zhao Chenggong's expression shifted slightly, as if he had been stumped by the question.

Lin Yue's eyes narrowed, understanding his meaning. She immediately frowned, leaned forward slightly, and hesitated before asking, "You mean... there are problems with Zhao Rui and Sun Rui's testimonies?"

"The real number is far more than the reported 44 grams of drugs!?"

As of now, the official figure for the amount of drugs Zhao Rui trafficked, based on statements from both parties, is 44 grams of heroin.

If these numbers are wrong... then doesn't that mean the two are still lying to the police?!

"That's right, the probability is very high."

Xu De nodded, admitting it directly. He crossed his arms, rested his elbows on his knees, and looked thoughtful.

Zhao Chenggong raised his hand, hesitating to speak, but finally couldn't help but say, "Doesn't that mean Cai Peng didn't consider this? The defendant can't possibly lie to his own lawyer!"

The case is extremely urgent.

Is Zhao Rui underestimating the situation?

Xu De: "I don't know if it's a scam or not, but there are a few points in the case that don't fit with the logic of reality."

My guess is not without basis.

"First and foremost, Zhao Rui's initial motivation for 'drug trafficking' was to offset the charge of 'illegal possession of drugs'!"

There are essentially two crimes related to drugs.

1. Drug trafficking; 2. Possession of drugs.

Yes, there is no third point, and there is no "drug use" as commonly believed!

In other words, from a purely legal perspective, drug use is not a crime; it is merely an illegal act, and only a violation of public order laws, not a serious offense.

So here's the problem.

If drug use is not a crime, then theoretically, why would Zhao Rui be in such a hurry to transfer the drugs on the afternoon of September 24th?

He could have openly told the police a few days after the incident that he was a drug addict and that the police had no way to deal with him.

Therefore, this should be considered in conjunction with the testimonies given in the subsequent case.

"The reason why the suspect Zhao Rui transferred the drugs was not because he was afraid of being exposed for drug use."

"But rather, they are afraid of Article 348 of the Criminal Law [the crime of illegal possession of drugs]!"

Xu De guided their thoughts, leading the two to gradually follow his ideas and train of thought.

Before the two could speak, he suddenly countered with a question: "But here's the problem."

Why is Zhao Rui afraid of the charge of illegal possession of drugs?

Why are they afraid? Naturally, it's because they'll be convicted and sentenced!

The logic is that simple.

but.

"Is illegal possession of drugs a serious crime?" Xu De opened his eyes slightly and tentatively asked the two, "Is the punishment for this crime severe?"

"Or rather."

Xu De's eyes narrowed, and he asked again, this time with a clearer voice.

"If Zhao Rui really only possessed 44 grams of heroin!"

"According to the sentencing standards of Article 348 of the Criminal Law, Zhao Rui, do you have anything to be afraid of?!"

Hearing this counterintuitive yet logical statement...

Zhao Chenggong froze on the spot, his pupils dilating slightly, clearly stumped by the question.

Lin Yue placed her slender fingers on her chin, her expression also showing some surprise, and subconsciously said, "That's not right."

According to the law, the crime of illegal possession of drugs, specifically the possession of 44 grams of heroin, carries a statutory penalty of imprisonment for not less than three years but not more than seven years, and a fine.

"But in practice, actual sentencing cases usually take between two and four years."

Sentencing for illegal possession of drugs requires certain negative factors to aggravate the punishment.

For example.

The drugs you possessed were only for your own personal use and were of low purity, so the law naturally has no reason to sentence you to three years.

but!

If you possess drugs for the purpose of selling them and you are a repeat offender, then even 44 grams could result in a 7-year sentence!

"wrong."

"Zhao Rui was a habitual smoker. If what he said is true, he only possessed 44 grams of heroin."

"Then the judge might sentence him to a maximum of two years! With a reduction... his sentence could be halved, and he could be out in a year at most!"

Lin Yue suddenly realized something; with just a few words, she immediately understood what Xu De was saying.

At that moment, I couldn't help but look up and meet his gaze, my eyes revealing surprise.

She couldn't help but say, "But there's no reason why a one-year sentence would make Zhao Rui so eager to process it so quickly!"

The bigger the mistake, the more anxious people become.

However, when logic is applied to the case, it is found that the smaller the crime Zhao Rui committed, the more anxious he became!

This clearly defies common sense, unless...

"Unless, the charge of illegal possession of drugs already warrants a considerably heavy sentence for him!"

"Only this kind of threat can make him rush to deal with it in a short time!"

Lin Yue's mind suddenly cleared. She opened her eyes slightly, her pupils contracted, and she quickly said, "Correspondingly, the only explanation for the high level of threat posed by the crime of drug possession is... that the amount of drugs is definitely more than the so-called 44 grams."

"At the very least, it's a level requiring 7, 10, or 12 years of experience!"

In practice, illegal possession of drugs can result in a sentence of around 10 years.

"It should weigh at least 200 grams!"

Lin Yue looked up at Xu De, and even she was a little shocked when she said this, so she couldn't help but emphasize, "A full 200 grams of heroin with 97% purity!?"

The instant the conclusion is reached.

Zhao Chenggong, standing to one side, was also somewhat bewildered.

At least 200 grams? That's almost five times more than the 44 grams Zhao Rui himself claimed!

"That's right."

"In addition, there are two other pieces of evidence regarding the amount of drugs exceeding 44 grams."

Xu De nodded, somewhat surprised by the number, but did not refute it. He continued, "First, the location of the stains in the wine box."

"The stains, which showed a mixture of alcohol and drugs, extended from the top to the bottom."

"This distinctive mark clearly indicates that the liquor that witness 'Zhang Yao' was transferring was full."

"Only when the bottle is full and overflowing can the traces in the evidence be revealed! If it's only half full, it should present a different picture."

This can be corroborated by Zhang Yao's own confession.

Even without opening the bottle, you can tell whether it's full or half-full just by feel when the other party is transferring it.

"two."

"Insufficient purity; does not meet Zhao Rui's standards for consumption!"

The bottle is full.

But why would Zhao Rui use alcohol as an ingredient?

It's very simple: mixing alcohol and drugs will create a state of "drunkenness".

In layman's terms, it reduces the potency of the drug but prolongs the duration, which is why Zhao Rui chose to use alcohol... and good alcohol at that!

The total weight of the beverage is 660 grams.

If, as Zhao Rui claims, he only has 44 grams of drugs, then he must have mixed them together...

Not to mention 704 grams.

Leaving aside the density and volume of the liquid.

Even assuming the bottle can only hold 660 grams, if 44 grams of alcohol are poured out, the remaining 616 grams of alcohol can be mixed with 44 grams of drugs.

"So."

"What is the purity of the 660 grams of drugs at this point?"

Xu De leaned back on the sofa, crossed his legs, placed his hands on his abdomen, and looked at the two of them.

Before they could reply, he said, "6.47%!"

"Purity is only 6.47%!"

"What is this stuff? To be honest, even hardcore addicts probably wouldn't smoke it if they saw it..."

Or rather, even if they take it, they can't get rid of the addiction!

With a purity of 6.47%, even drug dealers would spit in disgust at this stuff.

The purity of most products on the market is between 30% and 75%, and even products with a purity of 30% are considered inferior.

Zhao Rui himself is not short of money, and what he is confusing is 97% high-purity heroin!

Would he really smoke such low-quality garbage with only 6.47% purity?

and so.

The purity must be high.

To increase the purity, then... the proportion of heroin must be increased!

"Putting everything else aside, just the fact that the purity has been increased to 45%... means Zhao Rui must be in possession of around 300 grams of drugs!"

Xu De's expression grew increasingly serious. He looked at the two of them and speculated, "Even if Zhang Yao's weight estimate is wrong and doesn't reach a total mass of 660 grams."

"But the total amount will definitely be at least 200 grams!"

200 grams...exactly the same as Lin Yue's previous guess!

To violate Article 348 of the Criminal Law [illegal possession of drugs], one must possess 200 grams of heroin if they intend to pose a significant threat to an individual.

But this is just heroin.

"And Zhao Rui, with the wine container full."

"He possessed at least 660 grams!"

talking.

Xu De's tone turned serious. He looked at Zhao Chenggong and slowly said, "If on the afternoon of September 24th, this 660-gram bottle of drugs, assuming a purity of only 45%, was handed over to Sun Rui..."

o

"So."

"Attorney Zhao."

Do you think Zhao Rui deserves the title of "major drug lord"?

The moment the words were spoken.

Zhao Chenggong suddenly felt a prickling sensation on his back. As if he had just realized something, he widened his eyes and stared at Xu De in disbelief.

Selling 660 grams of drugs?

Goodness, that's over a pound!

If this were in China... specifically in Haicheng, it would definitely count!

only..

"Wait, the total weight is 660 grams? Not 200 grams?"

Zhao Chenggong suddenly realized something, his expression slightly surprised, "Director Xu..."

"You mean, those 460 grams of alcohol should also be counted in the total mass of drugs?"

"Take the weight in grams of the alcoholic beverages being sold."

"To prosecute Zhao Rui for drug trafficking!?"

Good guy.

The treatment for selling 200 grams of heroin is vastly different from that for selling 660 grams.

The sentence for 200 grams could be debatable, ranging from a decade or more in prison to life imprisonment.

However, if you add 460 grams of alcohol to make it 660 grams with a high purity, and it's already sold... then the point of contention is choosing between "life imprisonment, suspended death sentence, or death penalty"!

Most likely, he'll be sentenced to death!

"Yes, Attorney Zhao."

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."

Xu De nodded and reached out to push up his glasses on the bridge of his nose.

A gleam shimmered in the gold-framed lenses.

Xu De slowly said, "According to the law, if Zhao Rui mixed 200 grams of drugs into 460 grams of alcohol, it would be considered a crime."

"Therefore, the law will treat its trial based on the total mass of the drugs being '660 grams'!"

This is the underlying logic of drug-related crimes.

If it's based on the purity of the drug.

So, if someone sells 100 grams of drugs with a purity of 30%, should they be sentenced based on the 30 grams of drugs that were extracted?

if it is possible.

So, what if the 100 grams of drugs sold were 10% pure? Would selling 10 grams of drugs result in detention or probation?

No, 100 grams is 100 grams, no matter how low the purity is.

If you mix 20 grams of drugs into 80 grams of alcohol, according to the law, the judge will only treat it as a total of 100 grams of drugs!

At most, it might be that the judge, through careful consideration, deems your purity low, and takes that into account when determining the sentence.

but.

Are there any exceptions?

Are there any exceptions?

some!

"Unless Zhao Rui's act of putting drugs in alcohol constitutes a 'drug destruction' offense."

As Xu De spoke, a slight smile appeared on his face, and he even cracked a joke.

"For example, he threw drugs into the entire river."

"But clearly, Zhao Rui did not meet the standard of 'destruction.'"

This law appears to have flaws on the surface.

For example.

Since the total mass of drugs is considered, not their purity, it is not the case.

So, does that mean if you have 10 grams of drugs, and you throw them into the entire Pacific Ocean and are then arrested, the police will conclude that the Pacific Ocean, and a staggering 7300 trillion tons of it, is all the drugs you trafficked?

Then, that same day, the police announced that they had cracked the largest drug trafficking case in the entire universe! They seized 7300 trillion tons of drugs!

is it possible?

Impossible, because it's unrealistic.

Even if everyone in the world ate it as food, they still couldn't finish a ton a day!

Therefore, this behavior is not legally considered "adulteration," but rather "destroying drugs"!

Does Zhao Rui's mixing of 200 grams of drugs into 460 grams of drugs constitute destruction?

It's obvious that it doesn't constitute a crime at all.

"But there's another law, called 'Temporarily Changing the Conventional Form of Drugs' for Covert Transportation!"

Zhao Chenggong's eyes widened, and his eye twitched. He couldn't help but say, "In the 'Minutes of the National Courts' Conference on the Trial of Drug Cases,' regarding Article 357 of the Criminal Law concerning the crime of drug trafficking, the description of 'looking at the total quality' clearly states in the original text:"

"Except for cases where the conventional form of drugs is temporarily altered for the purpose of concealing their transportation."

Zhao Chenggong paused slightly, touched his chin, and searched his memory.

He immediately replied, "That is to say."

"If you sell 100 grams of drugs and, in order to conceal them from others, dissolve them in a liquid, such as alcohol, then that liquid will not be considered a drug!"

Temporarily altering the form of a drug, rather than changing its composition, will not be included in the total mass!

Simply to evade detection, some people temporarily change the form of the drug, such as dissolving cocaine in leather or dissolving methamphetamine in liquid to hide it. This is just physical adsorption/dissolution and does not change the composition of the drug itself.

The total weight of the drug-containing carrier cannot be directly taken as the quantity of drugs; the weight of the pure drugs inside must be determined separately!

Unless you change the ingredients.

If physical processing is used to mix caffeine to make methamphetamine, this constitutes the crime of manufacturing drugs.

Even if you're trying to evade inspection, you'll still be penalized based on the total quality.

"so."

"If Zhao Rui had 200 grams of drugs, but he temporarily mixed them into 460 grams of alcohol in order to evade capture."

"In theory, according to practical judgment, the total weight of 660 grams would not be considered as drugs."

Zhao Chenggong frowned, pondered for a long time, and finally looked up at Xu De.

"Instead, the quality will be judged based on purity!"

Upon hearing this...

Xu De looked at Zhao Chenggong with an admiring gaze and praised, "Attorney Zhao has a very strong legal ability."

It's already impressive if a lawyer can memorize the criminal code, let alone meeting minutes, and be able to recall them at any time.

It can only be said that Zhao Chenggong is not very powerful in Haicheng, but once he leaves Haicheng, he will definitely make a name for himself after a period of time!

but..

"but!"

Within the "exception of temporary shape change," there is another, explicitly defined, contrary situation!

"That is, the 'normal situation'!"

In a daze.

After praising Zhao Rui, Xu De suddenly changed the subject. He looked at Zhao Rui, narrowed his eyes, and said with a smile, "It's still the original text of the 'Minutes of the National Courts' Conference on the Trial of Drug Cases':"

[Unless otherwise stipulated in judicial interpretations, or in cases where the conventional form of drugs is temporarily altered to evade detection, the verified quantity of drugs should generally be considered the quantity of drugs involved in a drug crime!]

in other words.

Long-term adulteration and pre-mixing for consumption or sale to others are not exceptions!

In other words, as long as it's not temporary, it must be reviewed according to the overall quality.

Even if you're trying to avoid detection.

You diluted 10 grams to 100 grams, but unless you revert to the original state, the 100-gram effect will persist for months.

Therefore, if it is subsequently discovered, it will be tried as 100 grams of drugs!

And Zhao Rui...

"Attorney Zhao, do you believe that the suspect, Zhao Rui, on the afternoon of September 24, 2003, the day of the incident, temporarily altered the form of heroin in order to allow Zhang Yao to transfer the drugs," and then mixed it into the alcohol?

Xu De looked at Zhao Chenggong, raised an eyebrow, and said with a smile.

can you?

impossible.

Zhao Rui killed someone, then unexpectedly got into a traffic accident, and only then did he rush home to deal with the drugs.

The entire process took only 15 minutes!

With time so tight, he didn't have a chance to temporarily change the appearance of the drugs.

Moreover, if it is mixed with other substances, even the slightest bit that falls off during the process can be detected by the noses of drug-sniffing dogs.

Consider this in relation to the previous view that "alcohol was used as an adjuvant".

"This bottle of 'poisoned wine' was definitely not a case of a temporary change!"

"Since it's not a temporary change in status, then legally it falls under the 'general circumstance'!"

"In general cases, the punishment would be based on Article 357 of the Criminal Law, which pertains to drug trafficking."

Xu De's expression suddenly turned serious. He looked at Zhao Chenggong and said earnestly, "That's right."

"Zhao Rui is not an addict who accidentally smuggled 44 grams of drugs."

He actually...

'

"He's a major drug lord who trafficked at least 660 grams of drugs in Haicheng!"

A major drug lord...sold 660 grams of drugs?

Goodness, that's over a pound!

In an instant.

Zhao Chenggong's eyes widened in disbelief, his eye twitching repeatedly.

Even Lin Yue, who was standing to the side, hesitated to speak, but after thinking it over, she couldn't think of anything wrong and couldn't say a word.

Although it feels somewhat awkward compared to the reality.

But according to what the other party said...

It seems... probably... maybe...

At least legally, Zhao Rui did indeed sell 660 grams of drugs!

"In summary."

"Defendant's lawyer Tsai Peng, since he wanted to start with the murder and car accident cases, knows that the drug trafficking charge is a feint."

"Then let's..."

'

In a daze.

Xu De slowly stood up, straightened his suit, his eyes were dark and unfathomable, and said in a deep voice: "Feint attack, then main attack."

"Punish them under drug trafficking charges!!!"

The moment the words were spoken.

Zhao Chenggong felt as if a dump truck had crashed into him head-on, leaving him utterly shocked. It was as if a door to an unknown world had opened before him.

The original strategy of indirectly influencing the murder charge through drug trafficking is temporarily abandoned; we'll just use drug trafficking as the sole charge!

Most importantly...

"So, if it really is 200 grams of heroin and 460 bottles of alcohol."

"So... should Zhao Rui accept the sentencing for drug trafficking involving 660?"

Zhao Chenggong's eyes widened, and he couldn't help but ask again.

"Instead of 200 grams of drugs and 460 grams of alcohol?"

Xu De nodded and said matter-of-factly, "Of course."

"That's what the criminal law says! Since it says that, we naturally have to do what it says!"

"Whether it's written logically or not? What does that have to do with us!"

"That's the power of the law!"

Don't worry about it, don't be awkward.

Regardless of whether Zhao Rui admits it or not.

Tell me, is that how the law is written? Is Zhao Rui's behavior in accordance with the law?

Since it meets the criteria, isn't it normal to pronounce a judgment according to the law?

"No, this is not normal!"

Zhao Chenggong wanted to say something but hesitated, staring blankly at Xu De, who seemed to take it for granted, and Lin Yue, who was already used to it.

After struggling for a long time, he couldn't utter a single word.

After a long while, Zhao Chenggong's gaze towards the other party became somewhat strange.

My business partner... I have a feeling he's a bit dangerous...

after all.

What do you mean by using the quality of alcohol sold to determine the punishment for drug trafficking?!

No, drug trafficking is punished in grams, while alcohol, especially a single bottle, can easily weigh a pound or two...

The units of measurement are all different!

"Don't just stand there, Cai Peng has been meeting with the client in private behind our backs."

"If he's ruthless, don't blame us for being unjust."

Xu De spoke, telling the two to calm their emotions.

Although he was never loyal, Tsai Peng was indeed unrighteous first!

That's how it is...

"Do as I say."

Xu De's eyes darted around, and after thinking for a moment, he slowly said, "First, confirm the purity of the drugs in the case, and then..."

'

"As for what to do if Cai Peng notices... don't worry about him. We're not despicable people, let him see it openly."

"Let Cai Peng decide for himself whether this is a feint or not!"

Let Cai Peng guess for himself?

The instant I heard those words.

Zhao Chenggong's eye twitched suddenly. For the first time, he felt a pang of pity for a top lawyer at Hongda Law Firm.

But it was only a fleeting moment, gone in an instant, and then he became excited.

"good!"