Lawyer: Start with legal retaliation against infidelity!
Chapter 42 Application Rejection!
Intentional homicide?
Excessive self-defense or manslaughter?
The people present nodded slightly, but at the same time, their hearts sank, their brows furrowed, and they remained silent for a long time.
Xu De, in the defendant's seat, was no less relieved than they were.
Before the trial, he made two preparations.
First, during the court hearing, all of the opposing arguments were refuted, rewriting the fate of the defendant Wang Qiang and turning him from guilty to innocent!
But this is a courtroom.
No one can claim to be 100% guaranteed to win!
Therefore, he made a backup plan.
Second, that is... materials related to the letter of understanding and settlement agreement.
These things can mitigate and reduce the defendant's sentence to some extent, avoiding a situation where the defendant's efforts to achieve acquittal are in vain.
So the question is, why did Xu De feel that he might lose the case and need to use a backup plan?
The reason is that...
"Intentional injury, excessive self-defense, or negligent homicide..."
In the dock.
Xu De took a deep breath, his brows furrowed, and his eyes showed an unprecedented seriousness.
The prosecutor changed the indictment, changing it from intentional homicide to the current two charges.
This is not good news for him.
Why?
Because accusations need to be supported by theoretical evidence in order to be considered true.
If we assume that intentional homicide is a high-rise building and excessive self-defense is a one-story self-built house, then the evidence in the prosecutor's hands is the foundation that is 1.5 meters deep.
It cannot support skyscrapers.
But it's more than enough to support a one-story self-built house!
His goal was to ensure that no buildings were ever constructed on the foundation of the courthouse!
When faced with skyscrapers, he can dismiss them with mere words, citing unstable foundations and the risk of collapse. But when it comes to one-story self-built houses...
The only solution is to completely destroy the foundation.
Tricky...very tricky.
In the dock.
"it is good."
Zhang Bingxin nodded and looked away.
This trial mainly focuses on the criminal aspects, so he does not intend to let Chen Wei, who represents the civil prosecution, speak before the criminal investigation is completed.
Presiding Judge Zhang Bingxin turned his head to look at Xu De in the defendant's seat and began to ask questions.
"Defendant, do you have any objections to the charges brought by the prosecutor?"
The words fell.
Everyone present focused their attention on Xu De.
Followed by.
Then Xu De took a deep breath, his tone serious, and said in a deep voice:
"Your Honor, we...have an objection!"
After speaking...
He paused, then pulled out one of the pieces of evidence from the many documents on the table.
"Your Honor, this is the evidence submitted by the prosecution: the murder weapon in this case."
With that, he handed the evidence to the court clerk.
The court clerk was clearly used to his habit of using evidence from his opponents.
After a brief inspection to ensure there were no errors, it was handed over to the judges. The three judges on the bench glanced at it and saw a curved knife-shaped object printed on paper in the form of a photograph.
"This is a sickle, an extremely sharp sickle for harvesting wheat."
"It's obvious that this doesn't belong to the defendant, Wang Qiang!"
Xu De stood up.
As soon as he opened his mouth, he distanced himself from the ownership of the murder weapon.
In a criminal case, the three questions that are crucial are: whose weapon is it, how did it come into existence, and how did it result in death. As long as one is cleared of any connection to the weapon, the chances of winning the case can increase dramatically!
"Your Honor, according to the test results provided by the forensic institution, the murder weapon contains the fingerprints of three different people."
"First, Li Erniu; second, Wang Qiang; third... a villager from Lijia Village named Li Chunhua!"
"This Li Chunhua is the owner of the murder weapon. During the standoff between the police and civilians at the time of the incident, he stood in the crowd holding a sickle."
"So, how did this sickle go from Li Chunhua's hands to Li Erniu's, and ultimately end with the sickle disemboweling him?"
"The reason is that it happened during the period in question."
"When the defendant Wang Qiang exercised his right to self-defense, he angered the deceased Li Erniu."
"Immediately afterward, in a state of emotional agitation, anger, and agitation, Li Erniu snatched the sickle from Li Chunhua's hand, intending to harm the defendant Wang Qiang!"
Suddenly.
Xu De's eyes sharpened, and his words became sharp and incisive.
"In such a situation, forced by self-defense, the defendant had no choice but to passively defend himself!"
"Then came the words we said during the first court hearing: ...the defendant was overwhelmed by the crowd, and when they saw him again, the victim, Li Erniu, was already dead!!!"
"Presiding Judge, Judges."
"The defendant Wang Qiang's actions fully comply with Article 20 of the Criminal Law, namely, legitimate self-defense. We recommend that the prosecution's charges be dismissed and the defendant found not guilty!"
Xu De's words were clear and logical, and his language was meticulous.
In just a few words, the whole story was explained clearly, and even listeners who had not read the case file could now visualize the entire process in their minds.
Hundreds of people in the audience nodded thoughtfully.
On the judge's bench, Judge Sun Dong nodded and said in a low voice:
"That's true, and it matches the testimonies of the seven police officers."
At the same time, Sun Dong felt a bit emotional.
"In just a few sentences, the argument, the defense, the evidence, and the corroborating details complement each other... Tsk, even the lawyers from Beijing wouldn't be able to reach this level at best."
Zhang Bingxin nodded, but his face remained expressionless.
He turned his head to look at the prosecutor's seat.
The three prosecutors in their seats did not appear angry; they seemed quite calm and relaxed.
"Prosecutor, regarding the defendant's statement...do you wish to raise any objections?"
Prosecutor Hu Guang nodded, then turned to look at the defendant's dock, meeting Xu De's eyes. They locked gazes, and then Hu Guang began to speak:
"Presiding Judge, Judges."
"What we want to say is..."
talking.
Hu Guang paused for a moment, then uttered a very detailed statement that made everyone frown.
"The defendant Wang Qiang's excessive self-defense was not reflected in the counterattack with a knife, but rather in..."
"Li Erniu's first time in the police car, and Wang Qiang's actions in self-defense!"
The words were spoken.
Wang Wei, standing to one side, immediately stood up, handed over several documents, and said:
"This is the autopsy report conducted by the police on the body."
"The report clearly states that the deceased, Li Erniu, had a very deep bite mark on the back of his hand!"
Bite marks?
Zhang Bingxin paused, his brows furrowed, and he gripped the document, lost in thought.
What does this case have to do with bite marks?!
"Your Honor, according to the police officers' testimonies found in the vehicle at the scene..."
"When Li Erniu revealed his intention to forcibly take Wang Mei away and his intent to harm her, he was not directly pushed off the car by the defendant Wang Qiang. Before that, he had another action."
"That's biting!"
When Wang Wei spoke, his overweight body did not appear comical; on the contrary, it made him look imposing, and his expression was very solemn.
"The defendant first bit Li Erniu with his teeth, causing Li Erniu pain!"
"And then we come to the important part."
"Because of the pain, Li Erniu released his grip..."
talking.
He then handed over the testimonies of the police officers.
The record above clearly states that Wang Qiang used biting to make the other party let go; otherwise, simply pushing and shoving would have been very difficult to get Li Erniu to let go.
However, intense pain can cause a person's muscles to involuntarily tighten!
And because Li Erniu let go, therefore...
"At this point, he had stopped the attack and showed no further signs of aggression. There were at least four police officers beside him who could have apprehended him on the spot!"
Wang Wei's expression was serious, and his tone was solemn.
"Under these circumstances, the defendant Wang Qiang took the initiative to attack again, pushing Li Erniu out of the car!"
"In conclusion, we believe that, given the availability of better handling methods and the fact that the deceased did not express any intention to commit secondary harm..."
"Wang Qiang, however, chose to take the initiative."
A key characteristic of legitimate self-defense is that the extent of your retaliation depends on the degree of the other party's aggression, and you cannot pursue them.
Li Erniu released his grip after feeling the pain.
Objectively, the threat to suspend the operation was negotiable, and the police were able to take control of the situation. Wang Qiang's actions went beyond the scope of self-defense.
Therefore, from this perspective... both the degree of retaliation and the timing of the retaliation have already teetered on the edge of legitimate self-defense.
"this......"
In the audience, everyone frowned, their eyes revealing hesitation.
A commotion began to rise from the stands, and a cacophony of voices gradually filled the air.
in the crowd.
"That's a bit far-fetched..."
Wang Chao sat in the chair, stroking his chin, looking at the trial area, and said thoughtfully.
He hadn't seen the case file or witnessed the incident, but if the facts were truly as the prosecution stated... then self-defense might not necessarily be achieved.
Even if what happened inside the car was legal, there must be other "suspected" excessive behaviors.
After all, Wang Qiang's subjective personal emotions at the time were too intense, and objectively, they were extremely similar to the word "intentional," so any retaliatory behavior could be argued against.
"Does this mean we're going to use those prepared evidence for sentence reduction in advance?" Wang Chao guessed.
Giving up the not-guilty plea is a good option right now.
They can dedicate sufficient resources to using evidence to reduce Wang Qiang's sentence, at least enough to "break even".
Let's continue reading.
Lin Yue whispered.
but.....
"also......"
In the trial area.
Wang Wei was about to continue speaking when, unexpectedly, before he could utter a word...
next second.
A shout of anger instantly interrupted the entire court proceedings.
"Nonsense! This is nonsense!"
"In both legal provisions and real-world experience, these are not two separate actions, but rather a coherent and unified defensive act!"
"The prosecutor just ignored the existence of 'imminent danger' within three seconds, and what he said is a fallacy detached from reality, completely severing the coherent facts of the case!"
Suddenly.
Xu De, representing the defense, spoke, his tone filled with anger, his eyes fixed on Wang Wei.
That mouth was like a machine gun, but instead of bullets, it fired knives!
Upon hearing this...
Wang Chao and Lin Yue, who were in the audience, raised their eyebrows slightly.
This means... they're not giving up and are continuing to fight for innocence?
That's right.
At this moment, Xu De's mind was incredibly clear. He didn't even need to think; he instantly formed rebuttals in his mind.
Not guilty plea...
He's determined to do it!
"Disgrace! Disgrace!"
"Please maintain court order; we have not yet finished speaking."
On the prosecutor's stand, prosecutor Wang Wei realized what was happening and was immediately filled with rage, though he suppressed his anger.
Before he could finish speaking, and before he could express anything that the other person meant, he immediately said in a deep voice:
"Defendant, you're taking things out of context!"
Unexpectedly, the other party showed no intention of communicating with him at all.
"presiding judge."
Ignoring the other party's angry gaze, Xu De turned to look at Judge Zhang Bingxin.
"The prosecution's statements are based on personal exaggeration, subjective conjecture, and non-objective information, and are completely inconsistent with the facts!"
"In conclusion, we hereby apply..."
"All charges brought against the defendant Wang Qiang by the prosecutor are dismissed!"
Suddenly, the entire scene was filled with an atmosphere of intense confrontation.
At the same time, an exciting, adrenaline-pumping, blood-boiling smell instantly filled the First Courtroom.
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