Lawyer: Start with legal retaliation against infidelity!

Chapter 72 Intense! [3/7]

Witness: Lü Guangjun?

The prosecutors frowned.

Lü Guangjun and the others knew that this was the deceased's homeroom teacher.

As a teacher at the other school, the other party's statement carries a high degree of credibility and authority.

also...

"We also have evidence that the deceased, Yang Jiale, repeatedly and clearly demonstrated malicious intent towards the defendant!"

Lawyer Zhang Wei then spoke up, clearly having come prepared.

"Malice?"

Presiding Judge Zhang Bingxin frowned slightly.

Generally speaking, bullying cases involve one-sided intentional harm. If the victim dies as a result, it will most likely be classified as intentional homicide or intentional injury resulting in death.

But if we say...

Before being bullied, the other party displayed extremely high malice, and if the victim retaliates during the bullying...

The outcome of that matter may be slightly uncertain.

"Your Honor, this is the notebook of the deceased, Yang Jiale, as confirmed by the police."

"Yang Jiale had expressed his strong malice towards the defendant in writing in a notebook!"

talking.

Zhang Wei stood up and held the notebook high in his hand.

It was a notebook commonly found in bookstores, costing five cents a book, but when Zhang Wei slowly turned to a few pages...

[Go to hell...go to hell, go to hell, go to hell!!!]

The words "Go to hell" were written in red ink, filling several pages!

The handwriting was inconsistent in size, crooked, and lacked any writing style.

However, the handwriting was written with great force and the strokes were extremely fierce. Just by looking at the handwriting, you can completely see how much hatred the writer felt when he vented his feelings through words!

"Your Honor, this was written by Yang Jiale himself, and it clearly states the name of the defendant, Liu Jingqi."

"It is obvious that the deceased, Yang Jiale, at least in his heart, wished the defendant dead before his death, demonstrating clear subjective malice!"

Zhang Wei handed the notebook to the clerk.

He then spoke again while the three judges frowned as they looked at him, saying, "And on the day the incident occurred, the 17th."

"This emotion was ignited, and the conflict between the two sides completely erupted."

"During the altercation between the defendant and the other party, the deceased Yang Jiale lost control of his emotions and began to resist."

"During the incident, the defendants' actions were excessive, causing serious harm to their personal safety."

"Subsequently, in order to protect his own personal safety, the defendant was forced to retaliate, which ultimately led to the incident and the accidental death of Yang Jiale."

"Unfortunately, the deceased's family member, Zhao Li, witnessed this scene, which caused her to have a medical episode and die on the spot."

The moment those words were spoken...

The entire scene fell silent for a moment.

The prosecutors looked at the defendants in disbelief, their eyes filled with deep shock.

Why?

Based on the above statements, it appears that Zhang Wei and the other six meant...

"In conclusion, based on Article 20 of the Criminal Law, the defendant..."

2

Zhang Wei took a deep breath and said loudly, "It was legitimate self-defense!"

"Of course, the defensive measures may have been somewhat excessive."

justifiable defense?

He meant that Liu Jingqi bullied Yang Jiale, which led Yang Jiale to fight back.

Did this resistance make Yang Jiale feel safe, leading him to retaliate and die? Could this be considered legitimate self-defense, or excessive self-defense?

"Objection! Objection! We strongly object!!!"

Huang Shi was furious and slammed his hand on the table.

A strong sense of justice compelled him to stand up, immediately point his finger at the other person, and angrily declare, "The victim, Yang Jiale, did not provoke us!"

"Based on the school's investigation and surveillance footage, the three defendants were the first to commit physical assault against Yang Jiale!"

"Even if Yang Jiale retaliated during the incident, according to the law, she was exercising her right to self-defense!"

Yang Jiale did not initiate any provocation or fight.

All the clues point to the defendant infringing on the rights of others first.

But then a problem arises.

"Prosecutor, please calm down!"

"No law in Dongguo states that initiating a fight will result in the deprivation of the right to self-defense!"

Almost the instant the other person finished speaking.

Sun Bing, another lawyer in the defendant's seat, spoke up to refute the claims.

This was a 43-year-old female lawyer, another star member of the team. She stood up, looked at the other person coldly, and spoke with great logic.

"Excessive self-defense ≠ the other party must strike first!"

Article 20 of the Criminal Law describes "an ongoing unlawful infringement"!

"I never demanded who struck first!"

Yes.

Even if the other party attacks first and you retaliate, and they kill you, it could still be considered that they acted in self-defense.

No one requires that a defensive action must be taken to constitute a defensive action!

"The defendant initially spoke to the deceased with a playful and joking attitude. Even if there were some inappropriate actions, they did not endanger the deceased's life!"

Sun Bing opened his mouth, launching another fierce offensive.

"And what about the deceased's actions?"

talking.

The opposing side submitted another round of evidence.

"Your Honor, these are the evidence collected by the police at the scene of the crime, including the identification of the murder weapon and a description of the defendant's physical condition."

talking.

She submitted several photos and an identification report of the iron rod.

The photo was taken of Liu Jingqi, with the focus on her neck.

There's a scratch there... a slightly bleeding scratch.

According to the on-site investigation.

The scratch was clearly caused by a wooden stick!

"The oil secreted from the palm of the deceased Yang Jiale was detected on the stick, confirming that this nearly fatal wound was caused by Yang Jiale."

"Your Honor, please consider this."

"What if this wasn't a swing, but a stab!"

"So...

"7

Sun Bing shifted his gaze from the judge to Huang Shi.

"What state will the defendant, Liu Jingqi, be in!?"

The murder weapon was a broken wooden leg of a school desk, very sharp. If it had been stabbed into the neck with the same force... it would most likely have been fatal.

In other words...

"This goes beyond the threat posed by the defendant to the deceased!"

"This clearly infringes upon the personal safety of the defendant, Liu Jingqi, and constitutes an extremely violent and serious illegal and criminal act!"

"Based on the evidence from the notebook supporting Yang Jiale's own thinking, our side believes..."

"Yang Jiale subjectively intended to kill Liu Jingqi, while Liu Jingqi was the victim in this case, and her actions were all in self-defense!"

Sun Bing threw everything out in one go.

"Even Yang Jiale's death was not caused by him personally."

"Instead, he fell off the roof and died."

The defendant's actions, "no pursuit or excessive force," fully fall within the scope of "legitimate self-defense."

in short.

It's like you slapped someone, and in their rage, they did something that nearly killed you.

If you retaliate in an inappropriate manner, but cause the other party's death, the court will not convict you of intentional homicide, but rather of legitimate self-defense.

However, when applied to this case...

"You mean, someone who has been bullying others for a long time is not only not the perpetrator, but even a victim?"

"The girl who was bullied to death has been made the perpetrator?!"

Huang Shi found it absurd; he seemed to have heard something incomprehensible.

"Absurd... Your Honor, if I may be so blunt."

Generally speaking, even if someone disagrees with the statement, they won't use a word like "absurd" to describe it.

The only rebuttals are based on laws and case details, but Huang Shi simply couldn't hold back any longer.

"This is simply the most absurd statement I've heard in over ten years of working in this field!"

He spoke angrily.

Zhang Wei shook his head and denied it.

"But that's just how it is."

Huang Shi's face was droopy and gloomy, his hands clenched tightly.

However, he could not offer any clear rebuttal.

no way.

You must have evidence to refute this!

The defendant then produced evidence: a notebook that revealed hatred and murderous intent.

It's nothing. After all, thoughts are innocent. Saying a few curses or having erotic dreams won't get you charged with mutual assault or rape.

Yang Jiale fought back when she was bullied, nearly killing someone. That's nothing, and she can definitely defend herself.

But when the two are combined... that forms a small loop of evidence: "intent to kill + sufficient offense to cause death"!

The prosecutor's stand.

The seat of the victim's legal representative.

"Oh no, if this continues... the wind will blow in favor of the defendant."

Lin Yue frowned and spoke in a low voice.

Influenced by her family education, she had a broader perspective than the average law student, and was fully aware of what Zhang Wei was doing and how the court would handle the case.

If we continue to allow the other party to argue their case...

"Self-defense is impossible, but..."

"6

Lin Yue paused for a moment, then gave a serious answer.

"There's an 80% chance it was excessive self-defense!"

Countless similar verdicts can be found.

In the 21 case involving Li, Wang, who was being bullied, became enraged and pulled out a fruit knife to stab Li repeatedly, nearly killing him. Before dying, Li managed to disarm Wang and kill him.

As a result, Li's actions did not constitute legitimate self-defense, but they did meet the criteria for self-defense, so the verdict was that the self-defense was excessive!

In the Zhang case 20 years ago, a fierce conflict broke out between the two parties. Zhang took the initiative to strike, and the other party picked up a brick to fight back. Zhang then grabbed an iron rod and fought back, resulting in the death of the other party. The case was also considered excessive self-defense.

Excessive self-defense can also result in severe penalties.

But don't forget...

Liu Jingqi is only 16...

"7

Lin Yue frowned, vaguely foreseeing the final outcome of such a development.

The defendant has an inherent advantage, and a sentence of 16 can be mitigated, so there is no need for a major victory or to fight for legitimate self-defense.

They only need to capture Xiao You, who was overly defensive!

Combined age...

"There's a 90% chance it'll be a suspended sentence!"

Lin Yue spoke.

This is not alarmist; it is the truth. Countless cases have shown that once these conditions are met, judges almost always sentence a three-year prison term, suspended for three years.

In other words.

If Zhang Wei and Sun Bing's defense is upheld...

Liu Jingqi doesn't need to serve a single day of her sentence; she can even walk out of the courthouse today and go back to take her exam!

It's shocking, and it sounds absurd and made up, but it's actually based on facts.

"Ha, probation..."

""

Xu De, standing to one side, sneered, his eyes fixed on Liu Jingqi, who was smiling in the defendant's seat.

Yang Jiale is dead.

Zhao Li is dead.

Yang Huan was the only one left in the family, all alone and destitute... How could he possibly allow the other party to receive a suspended sentence under his control!?

Thinking of this.

Without the slightest hesitation, Xu De suddenly raised his hand.

In an instant, the quiet court hearing was suddenly interrupted by a loud voice.

"objection!"

"Your Honor, the attorney has objections to raise!"

Everyone turned their heads to look at the position of the victim's representative in the prosecutor's seat.

On the judge's bench.

The three judges paused briefly, then nodded and said, "Please proceed."

Upon hearing this, Xu De looked directly at the defendant's seat and said, "The defendant."

"In the actual application of the law, the same action performed by people of different ages has different meanings under the law!"

"You are deliberately ignoring the fact that the victim, Yang Jiale, is only 17 years old!"

Ninety-five percent of people don't understand one thing.

That is... age-related generational gaps in thinking can also affect the judgment of laws.

such as.

If Yang Jiale accidentally killed Liu Jingqi without any threat to her life, then even if his malice and hatred were at their peak, it would still be considered a serious offense.

Judges also wonder if a child of the same age would retaliate in the same way if they were bullied, scared, or nervous.

If so, then it does not constitute intentional homicide.

If the perpetrator is an adult, then they are almost certain to be charged with intentional homicide!

Xu De spoke again, saying, "According to Article 11 of the 'Guiding Opinions on the Lawful Application of the System of Legitimate Defense,' the determination of the limits of defense is clearly stipulated in the original text."

Original text: "Based on the specific circumstances of self-defense, and taking into account the cognitive abilities of minors, the elderly, and people with disabilities... we cannot demand the same standards from ordinary adults!"

"Defendant, what you stated above..."

"The deceased, Yang Jiale, committed intentional homicide, which far exceeded the harm caused by the defendant and threatened the lives of Liu Jingqi and the other two."

"but...

""

"According to the guidelines, Yang Jiale's actions were clearly a defensive reaction that people of that age would make, and not an intentional act of harm."

"But the defendant was indeed responsible for his death!"

The words were spoken.

The prosecution team paused slightly.

This angle of rebuttal is very common, but there are reasons why they don't use it.

Zhang Wei had anticipated this.

Then, the defendant's lawyers whispered among themselves, discussed briefly, and then said, "Attorney, according to Article 20, Paragraph 3 of the Criminal Law and Article 7 of the Guiding Opinions..."

"Age-based perspectives do not diminish the objectively existing life-threatening risks!"

If you are the one whose personal safety has been violated.

Regardless of the other person's age, it will not affect their level of threat to you.

Judges will only consider this when judging the other party after the other party has caused consequences.

but.

"Note that our key point is that the deceased used his strength in defense!"

Xu De reiterated the key points.

"At the time of the incident, all of the victim's means of violence were legitimate and normal acts of self-defense at the age of 17, and there was no pursuit or crossing of the line."

"During this time, if the defendant had simply stopped his harmful actions, his death would not have been possible!"

"However, the defendant clearly continued to escalate the conflict and intensify the altercation, which clearly exceeded the scope of self-defense and was clearly..."

""

Xu De suddenly spoke, intercepting a trap in his words.

"Intentional homicide!!!"

Using age groups to classify threats to personal safety as self-defense.

If the defendant Liu Jingqi was able to defend herself, it indirectly proves that there would be no further harm if she stopped.

From this perspective... Liu Jingqi's so-called self-protection was nothing short of escalating conflict and constituted intentional homicide with a "proactive" element!

The prosecution.

Huang Shi's eyes suddenly lit up, and he looked at him with some surprise.

This kind of thinking...is it really something a young lawyer could prove?!

However, Xu De's counterattack was not over yet.

"Furthermore... the so-called evidence in the notes is completely fabricated!"

"This was merely an emotional outburst stemming from countless instances of bullying; the emotional release was unrelated to the perpetrator's subjective intent at the time of the incident!"

Xu De spoke seriously, and with just a few words, he began to refute the evidence.

"Unless you can prove that Yang Jiale actively induced all these emotions!"

in other words.

It is a personal venting with a cause, a genuine expression of subjective hatred and malice.

It's only when Liu Jingqi harbored hatred towards her despite having no prior conflict with her, leading to subsequent actions, that she was labeled as having "deliberate intent."

In this case, Yang Jiale was clearly a victim of repeated, deliberate bullying.

only...

In a daze.

A voice suddenly came from the defendant's dock.

"We can prove that Yang Jiale's subjective malice did not arise from the defendant's actions."

All I saw was...

Zhang Wei stood up and slowly began to speak.

The group paused for a moment.

Presiding Judge Zhang Bingxin frowned, staring at him for a long time before finally speaking, "How can you prove it?"

"We have a witness, Lü Guangjun, who can testify to what was said above," Zhang Wei said.

They had already agreed on the information and statements.

Right now... is the perfect opportunity for Lü Guangjun to take power!

only..

What he didn't see was the instant the word "witness" was uttered.

In his proxy seat, Xu De suddenly revealed a meaningful smile.

Zhang Bingxin asked, "Where are the witnesses?!"

"We have arrived at the Intermediate Court and are currently in the witness waiting room!" Zhang Wei said.

The words were spoken.

Without hesitation, Zhang Bingxin struck the gavel.

"Bang!"

"Summon the witnesses to court!"

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