Lawyer: Start with legal retaliation against infidelity!
Chapter 44 Intense! A Desperate Counterattack
Suddenly, it was as if a tsunami had swept through the courtroom, rushing towards everyone and engulfing them all.
That's right.
The so-called special defense means that when your life is violated by violence, you will be able to disregard the 'reciprocity' condition!
You can retaliate indefinitely. As long as the objective threat to you still exists, even if the perpetrator doesn't fight back, you can take the initiative to attack and kill them without taking any responsibility!
"The fact that the deceased Li Erniu's actions escalated into murder constitutes a prerequisite for special self-defense."
"Wang Qiang acted in legitimate self-defense and should be found not guilty!"
Xu De took a deep breath and then slowly sat down.
His words were well-reasoned, supported by evidence and citing classical texts, but unfortunately...
"Not accepted!"
In the prosecutor's seat, Hu Guang, who had remained silent until now, suddenly revealed a cold and stern expression. He stood up, looked directly at the prosecutor, and said:
"Defendant, our argument is based on the thirty-second gap after Wang Qiang got out of the car!"
"It's not about what happened after the victim disarmed him!"
Thirty seconds...
It's those damn 30 seconds again!
Xu De was somewhat agitated. The prosecutor in the second trial had amended the indictment, resulting in a significant difference from the first trial.
Troublesome...extremely troublesome!
"Prosecution, there is no evidence to show that the defendant engaged in any intentional acts of verbal abuse, shouting, or chasing within thirty seconds of getting out of the car!"
Xu De argued with him based on reason.
"Furthermore, the defendant is relatively old and needs time to process what he did!"
"Those thirty seconds were actually a mental pause, not an act of provocation!"
It's all a mess...everything's in chaos.
The formalized, procedural style of speaking is a thing of the past here; it is clear that the case has implicitly entered the stage of free debate.
Hu Guang, however, showed no sign of backing down, his fitted black suit once again exuding an unparalleled aura.
"Emotions, subjective consciousness, and behavior are inextricably linked!"
His loud voice was filled with questions.
"As you just said, the defendant needs to think before he can take any action."
"In the testimony, when the deceased Li Erniu approached with a knife, the defendant, after a 30-second period of subjective deliberation, clearly adopted a defensive stance!"
"Furthermore, multiple actions in a single case are continuous."
"Suspected 'pursuit' behavior inside the joint police vehicle..."
Emotions, subjective consciousness, and behavior are inextricably linked.
Let me put it this way.
Even when the police are investigating a case, they determine whether the perpetrator acted "intentionally" by examining the wounds inflicted on the victim.
If it was intentional, what emotions were involved?
If it was anger, then investigate the deceased's interpersonal relationships to identify acquaintances who could have caused the other person to feel anger!
Therefore, working backward from the result...
"In conclusion, the defendant Wang Qiang's actions during the period in question clearly demonstrated intent!"
Hu Guang's words were sharp and to the point.
"absurd!"
Xu De slammed his hands on the table, the loud thuds echoing in everyone's ears, as he vented his dissatisfaction.
He looked up, his face full of anger meeting the gaze of the two prosecutors without flinching.
"Prosecutor, I want to emphasize that..."
"Article 20 of the Criminal Code of the Republic of Korea does not include a 'duty of retreat' in the 'legitimate defense' law."
"There is no law that stipulates that Wang Qiang must back down!"
The law does not require you to run away or hide.
If someone attacks you with a knife, and you fight back appropriately, no one will criticize you for not fighting back and for running away.
"But it will affect the determination of laws!"
Hu Guang also responded directly. The two, separated by a distance of nearly ten meters, turned their words into sharp swords and fiercely fought each other in the air above the courtroom.
"The definition of 'excessive self-defense' has strict conditions: it must exceed the necessary limits and cause significant harm!"
"Among them, in the determination of necessity, if the party is extremely easy to escape and there is no danger, but still chooses to stay in the same place to fight and use heavy force, then it exceeds the necessity."
"The defendant, Wang Qiang, clearly meets the above criteria!"
He finished speaking.
An eerie silence fell over the entire First Courtroom.
There were clearly nearly five hundred people present, but... it was so quiet that you could hear each other breathing. There wasn't even a whisper or murmur, let alone loud conversations.
Everyone stared blankly at the trial area.
His face had an expression that said, "Who am I? Where am I?"
As for why...
All I can say is that the confrontation between the prosecution and the defense lawyers... all of this was presented in just five short minutes!
Five minutes!
This is not a simple math problem of 1+1. It requires memorizing the various laws and regulations, adding your own understanding, and organizing them into statements that can be used to counter the other party, and then clearly stating them!
If we really need a clear answer, then it is...
The two martial arts masters exchanged blows, countering each move, and within a few breaths, they had fought over a hundred rounds!
Passersby couldn't even see the moves clearly; they could only see streaks of light and sparks reflected from the cold iron blades.
Right now, let alone ordinary passersby, even ordinary "experts" can only look dumbfounded.
"So...which school did Lawyer Xu graduate from?"
Wang Chao, a graduate of a prestigious "985" university, couldn't help but swallow hard when he saw this scene.
Are his and the other person's educational backgrounds really from domestic universities? How come I didn't achieve that level?
The school is hiding something!?
Yenching University.
Lin Yue took a deep breath and reached up to touch her forehead. She felt her brain was overloaded and a little hot. It was obvious that she was having some difficulty hearing.
But at least I can keep up with the train of thought.
After a moment, Lin Yue composed herself and turned her gaze back to the trial area.
......
Trial area.
"call......"
Sitting in the defendant's seat, Xu De exhaled a breath of stale air and rubbed his temples. He knew he couldn't keep wasting time like this with the other party.
He himself lacked energy, but the prosecution could take turns, keeping him occupied all day.
We must... start from other directions!
Thinking of this.
"presiding judge."
"The prosecution explicitly stated that the defendant, Wang Qiang, engaged in unnecessary actions that prevented him from fleeing when he could have done so."
Without hesitation, Xu De handed over the materials in his hand and, at the same time, spoke from a different angle:
"In response, we would like to state that the law alleged by the prosecution is completely unfounded!"
"And in my hand, these are the medical examination materials of the defendant Wang Qiang, submitted by the prosecution."
After the incident, Wang Qiang's health deteriorated significantly.
Where did things go wrong?
To put it another way, the reason the first trial ended with his statement that "no one witnessed the victim being intentionally murdered by Wang Qiang" is because...
Someone did indeed beat Wang Qiang at the scene!
The prosecution was unable to prove whether anyone else was involved during the arm-wrestling match, hence the reopening of the trial.
And correspondingly...
"According to the medical examination report, the defendant Wang Qiang has serious injuries in multiple parts of his body."
"Excluding but not limited to, large areas of bruises and injuries on the elbows, back, back of the thighs, and between the groin!"
"And in it..."
Xu De's eyes narrowed, and he quickly launched his desperate counterattack.
"Wang Qiang had a clear blunt force trauma to the back of his head; he nearly died on the spot!"
"Based on these injuries, it can be fully deduced that after the defendant got out of the car, there was indeed someone behind him who nearly killed him!"
"In conclusion, the prosecution's accusations differ from the facts. The defendant, Wang Qiang, was forced to stay and engage in a struggle with the deceased, Li Erniu!"
Injury... to the back of the head?
The shape of the wounds reveals the posture in which the force was applied, and from that posture, it can be concluded that someone was behind the victim, making it impossible to get back to the car "quickly and safely".
In this way, the other party's accusations will fall apart on their own!
obviously.
Hu Guang and Wang Wei also realized this, and at the same time found the flaw!
"objection!"
Wang Wei spoke first, his face serious, and he reprimanded:
"The existing evidence is insufficient to prove that there was someone behind Wang Qiang during the '30-second blank period'."
"The injury to the back of his head was most likely caused by an attack from behind during his struggle with Li Erniu!"
"Considering the previously mentioned 'attitude' and 'proactive'... the defendant, Wang Qiang, clearly committed an act of intentional assault!"
The injuries do exist, but the timing of their occurrence remains a mystery.
No one knows whether someone cut off Wang Qiang's escape route at the time. Without evidence, it cannot be confirmed, and without confirmation, the trial will be biased towards the prosecution.
Plus.
The cases are interconnected!
If a point of contention is in doubt, it can be inferred from the actions of the parties involved.
Whether it's emotions, behavior, the suspected "chase" inside the police car, or the "thirty-second blank"...
The combination of these multiple suspicious points could legally constitute "intent"!
The key is......
There's an unspoken rule about self-defense: although the law states "reciprocal action," such as if someone slaps you, you can only slap them back—a kind of turn-based behavior.
However, in reality, when courts hear cases, reciprocity is not established.
In other words, if someone inflicts minor injuries on you, and you retaliate by inflicting only minor injuries or no injuries on the other party, then it constitutes legitimate self-defense!
If it exceeds, or is even equal, then it's basically a choice between excessive self-defense and mutual fighting.
"Phew... the head of the first case-handling team in the Second Procuratorial Department..."
Xu De watched as Hu Guang's eyes flickered. The other party's abilities were indeed formidable. After a back-and-forth exchange, Xu De felt a slight fatigue in his spirit.
On the other hand, the two took turns, and their minds remained calm.
This is the downside of having no team and only yourself; the other party can wear you down by dragging things out!
But... that doesn't mean they can wear Xu De down!
"Prosecutor, can the defendant's personal attitude be corroborated by his other, consistent actions?"
Xu De suddenly changed the subject and asked the other party a question.
Wang Wei paused, frowned, thought for a moment, and then nodded, saying, "Yes."
If they deny it, then the basis for the prosecution is untenable.
And if you agree...
"good!"
Without hesitation, Xu De revealed his true intentions. He changed the subject and brought up a tricky angle that no one had explored during the first trial.
That is...
Learn from the barbarians' superior techniques to subdue them!
"presiding judge."
"According to the prosecution, if the case can be judged arbitrarily based on its continuity..."
"So, after the deadly struggle that ensued, the defendant Wang Qiang suffered severe injuries, bruises, and abrasions!"
"On the other hand, the deceased Li Erniu only had the fatal injury caused by the act of harm that led to his death, and no other bruises!"
"So."
"Can this objective evidence prove that we did not engage in excessive 'pursuit' or other forms of emotional venting??"
"and......"
The next second, Xu De spoke, uttering a statement that was completely contrary to common sense and logic.
"The defendant, Wang Qiang, was not arrested after the incident, but rather..."
"Confess!"
Confess... to yourself?
In an instant, everyone present fell silent.
Immediately afterwards, everyone looked surprised and began whispering among themselves.
They remembered.
Thinking back, Xu De did indeed suggest that the defendant surrender himself during the first trial.
But at the time, all my attention was drawn to the "heroic act," so I didn't pay much attention and just assumed that the other party was saying as much as they could while there wasn't enough time.
But judging from the current situation, the other party seems to be serious, but if that's the case...
Surrender?
There were seven police officers at the scene, and one of them even fired a warning shot. How can this be considered a surrender?!
"Prosecutor, can you combine these two pieces of objectively existing information...?"
Xu De's eyes darkened, his face remained expressionless, but a trace of rational calmness shone through his eyes.
"Can it be proven that the defendant had no malicious intent to harm, no intention to pursue, and acted in a good manner, thus dispelling any suspicion of intent?"
The words fell.
An eerie silence fell over the entire scene, and no one spoke for a long time.
until......
In a daze.
The two men in the prosecution's seat, who had been stunned, swallowed hard and came to their senses. Then, a voice suddenly rang out.
"objection!!!"
Prosecutor Hu Guang suddenly stood up, his eyes fixed on Xu De as if trying to see right through him.
A pair of hands slammed onto the table, making a loud "bang".
"The defense argues that after the incident, the scene was under control, and at least seven police officers were present. The defendant was less than two meters away from the police. Therefore, the defendant, Wang Qiang..."
"This is definitely not a confession!"
Surrender? Seven police officers + a warning shot...
Hu Guang didn't believe that Xu De could really find a perspective that could be used to commit suicide under these conditions!
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