Lawyer: Start with legal retaliation against infidelity!

Chapter 75 The Courtroom Battle Begins! [6/7]

"Your Honor, the prosecution's representative has violated the law; we request that they be expelled from the courtroom!"

"Furthermore, according to Article 68 of the Supreme People's Court's Evidence Provisions, the agent clearly infringed upon the legitimate rights and interests of others and violated prohibitive provisions of the law!"

"This seriously violates public order and good morals; any items obtained by them cannot be used as evidence in a conviction!"

dock.

Zhang Wei's mind was racing, his adrenaline was surging, and he felt as if his foot had been stepped on, so he shouted anxiously.

He became a top lawyer five years ago after winning a major criminal case.

In that case, he brought his abilities to the extreme, feeling his mind was sparkling, with countless ideas flooding his head for him to choose from.

Zhang Wei thought that would be the peak of his life.

But compared to now... it's nothing!

now.

It was as if his brain had been coated with lubricant, his adrenaline surged, his entire body was in peak condition, and an urgent emotion was urging him on.

Zhang Wei shouted, "The agent violated the witness's right to privacy, which meets the criteria for filing a case. We request that the other party recuse themselves!"

"Furthermore, the other party's statements clearly contained multiple leading remarks, and witness Lü Guangjun's subsequent statements were obviously made under their influence. The entire video recording is fabricated!"

"We have the right to pursue criminal charges against them!"

He panicked.

There's no other way; if we don't hurry, something really bad will happen.

What Lü Guangjun said... might just put an end to this entire criminal case!

On the judge's bench.

"A surprise evidence presentation...examination in court..."

"7

The three judges also looked rather grim.

This evidence is only being presented now... yet they dare not be negligent and must treat it with utmost care!

a long time.

Judge Zhang Bingxin took a deep breath, turned his head, and looked at Xu De with a dark expression.

"Agent, do you have any objections to the aforementioned accusations against you by the opposing side?"

These words were spoken.

This clearly allows both parties to begin the cross-examination process.

Once the evidence is deemed valid... then the defendant doesn't need a reduced sentence; they can simply leave the scene on the spot.

So, normally, what should have followed was a very heated debate, but...

In the agent's seat.

Xu De remained silent, as if his ears were plugged and he hadn't heard a word.

The prosecutor's seat.

Huang Shi's face flushed red, his gaze shifting between the judge and the defendant, his fists clenched tightly.

Presiding Judge Zhang Bingxin spoke again.

"Agent, do you wish to proceed with the cross-examination?"

Xu De remained silent.

Lin Yue and Wang Chao remained silent, a scene somewhat similar to being speechless after losing the cross-examination round.

Huang Shi grew increasingly anxious, and several times he tried to speak but then stopped himself.

On the judge's bench.

All three judges frowned. Finally, Judge Lu Guowei said sternly, "Representative!"

"Your submission of evidence constitutes a surprise court appearance. If you do not speak..."

'

"The court will not infringe upon this video recording!"

Not to be adopted...

The words were spoken.

Xu De remained silent, offering no explanation whatsoever regarding the source of this evidence.

Seeing this scene.

Although Zhang Wei had no idea what he was up to, he couldn't help but anxiously say, "Your Honor, the evidence submitted by the opposing lawyer has seriously intruded on the private space of witness Lü Guangjun!"

"The agent clearly committed the crime of 'illegally using wiretapping equipment' under Article 284 of the Criminal Law!"

"This also violates Article 42, Item 6 of the Public Security Administration Punishment Law, constituting voyeurism, surreptitious photography, eavesdropping, and disseminating others' privacy!"

"Furthermore, it concealed the fact that the recording was done using a hidden single device, exceeded the agreed-upon scope of the conversation, and violated Lü Guangjun's expectations of privacy during their private phone call alone."

'

This moment.

Zhang Wei felt that the previously obscure and difficult-to-understand laws suddenly appeared in his mind as if enlightened.

Without even thinking, he uttered countless valid laws as soon as he opened his mouth.

The judge's bench.

The three judges had not yet had a chance to express their opinions.

next second...

Before the prosecutor could say anything, a furious shout suddenly came from the prosecutor's seat.

"Objection! Objection!!!"

"Your Honor, the evidence submitted by our attorney is entirely legal and compliant, without any suspicion of illegality or irregularity. The defendant's claims are pure slander. We request that this video be accepted as evidence in our judgment!!!"

In the prosecutor's seat.

Huang Shi couldn't hold back any longer and loudly protested to the judge in anger.

He previously did not believe that evidence presented in a surprise attack was legitimate, and sometimes he would refute the evidence presented by his agents and express his disdain for it.

But now, it's December 17th, 2:30 PM...

When Huang Shi saw the half-hour-long video, he knew that this evidence...

Absolutely legal and compliant!

He'll fight anyone who says it's illegal!

"presiding judge!"

Huang Shi slammed his fist on the table, his voice filled with anxiety.

"The recording is objectively true and has not been tampered with or edited; its authenticity is confirmed and no further questioning is needed!"

dock.

Almost the instant the other person finished speaking.

"presiding judge!"

According to Articles 130 and 131 of the Civil Code, civil subjects shall adhere to the principles of voluntariness, fairness, equality, and good faith when exercising their rights and fulfilling their obligations!

Zhang Wei and Sun Bing immediately spoke up, their rebukes laced with rebuttal.

"This video was secretly filmed, and the method of evidence collection was not truthfully disclosed, clearly violating the fundamental principle of good faith!"

"Furthermore, according to the 'Recording of the Defense' clause, the agent left the recording site during the recording process, therefore, this recording is legally terminated at this point!"

"All subsequent recordings were illegally made!"

As soon as he opened his mouth.

Countless laws were like cannons firing simultaneously, bombarding the prosecution.

The three judges on the bench hadn't yet figured out the logic.

next second.

The three prosecutors on the prosecution stand responded in unison.

"objection!"

"Recording has begun. The agent has clearly indicated the direction and exact location of the recording camera!"

"At the same time, all the questions asked were related to this case and there was nothing inappropriate about them."

"In conclusion, the agent's actions fully comply with Articles 130 and 131 of the Civil Code!"

"This video was filmed voluntarily, fairly, reciprocally, and in good faith, based on the law!"

At this moment, the brains of Huang Shi, Wang Mang, and Zhang Qing transformed into complex computers.

The logic and rebuttal techniques that previously required discussion to arrive at.

At this moment, Xu De pressed him a little...

He spoke fluently and effortlessly, as if it were nothing at all!

dock.

Several lawyers had their foreheads burning, clearly overloaded, but they continued to push their brains to keep them functioning.

"be opposed to!"

Zhang Wei, in a tense exchange with the judge, stated: "Your Honor, the attorney clearly left the scene midway through the recording, yet the recording continued even when the witness was alone... Any subsequent footage recorded went beyond the reasonable scope of the agreed-upon conversation between the two parties!"

"Based on the principle of fairness in Article 6 of the Civil Code and the requirement of genuine expression of intent in Article 143"

"Our agreement to the recording was based on the equal premise of 'both parties being present and mutually binding,' but the other party's unilateral departure turned the agreement into 'our party being confined while the other party is free to escape monitoring,' resulting in a complete imbalance of rights and obligations."

Article 68 of the Evidence Rules stipulates that such evidence, due to its infringement upon legitimate rights and interests, should be excluded or downgraded in its admissibility according to law!

Xu De left midway.

If the video recording continues, then according to the law, the footage from the moment the person left until the end should be downgraded.

As for the evidence from before they left... the judge's acceptance of it was actually more advantageous to the defendant!

Although the time was very short.

But everyone understands this principle, and the prosecutor's office will naturally not let his dream come true.

"objection!"

The prosecutor's stand.

Prosecutor Zhang Qing gritted his teeth and used all his knowledge to select useful legal examples from countless legal principles in his mind.

"The party involved, Xu De, clearly stated before the evidence was collected that the proceedings would not be considered concluded until the time limit of one hour, regardless of the form, method, or timeframe!"

"According to Article 135 of the Civil Code, the original text clearly stipulates that oral forms are permissible and legally valid!"

"In conclusion, the evidence submitted by the agent is entirely compliant!"

Although this is the Civil Code, it also stipulates the collection of evidence under civil law.

However, this does not mean it cannot be used in criminal cases.

This is because, whether in criminal, civil, or administrative cases, the legal characterization of evidence is generally untraceable, and it can only serve as supplementary evidence for argumentation!

But the words came back again.

"be opposed to!"

"Agent Xu De collected evidence through enticement and deception during the filming process."

"Furthermore, although witness Lü Guangjun was in a public place, he was the only person present at the scene, and there was a very high expectation of his privacy."

"However, the agent secretly recorded the conversation without consent, violating privacy and constituting a clear and serious infringement!"

Article 135 of the Civil Code states that "oral consent" in the original text cannot be interpreted as "unlimited abandonment of all privacy"!

"In summary..

'

dock.

Zhang Wei's desperate shouting caused even the senior lawyers in his team to break out in a cold sweat.

He can rattle off legal interpretations off the top of his head.

No wonder he became a top lawyer; with that kind of ability, who else could be a top lawyer?!

only...

When we were in court before, why didn't we see Zhang Wei's legal reasoning ability and how he could perform like this?

Everyone felt a sense of awe.

Driven to the brink, Zhang Wei had no time to think about such things; one obscure legal provision after another flashed through his mind.

Zhang Wei stated, "The mandatory requirement to 'clearly state the purpose, method, and scope' constitutes a serious infringement on the right to confidentiality of communications and privacy in criminal evidence collection!"

"This completely violates Article 17 of the Personal Information Protection Law and should not be accepted!"

Prosecutor Wang Mang retorted.

"This case involves a public, shared office environment; it was not wiretapping or secret surveillance. All recordings were made with prior explicit consent from the individuals involved!"

"Furthermore, the terms and contracts clearly state to the other party that they may leave midway, remain in effect even when alone, and continue to be valid until the agreement is officially terminated!"

"There is no imbalance of rights and obligations, no misleading situation, and no violation of any laws!"

Yes.

The two parties signed a contract.

Xu De's side also made it very clear that there was a suspected inducement that "leaving means the video recorder will be taken away."

But the words came back again.

Xu De left under the pretext of "an urgent work call," which is the highest level of excuse for leaving midway through the event!

So... the prosecution is absolutely right.

The defendants looked grim.

Several senior lawyers and assistants were powerless to help, and despite racking their brains, they could not come up with a solution in a short time.

Just then.

"be opposed to!"

Top lawyer Sun Bing gritted her teeth and rejected the argument.

"The contract signed by both parties constitutes a 'bundled unlimited license' without providing itemized details, which violates Article 17 of the Personal Information Protection Law, which stipulates the obligation to provide full disclosure!"

"Even if we have given verbal consent, we have no right to authorize the other party to commit acts that infringe on the secrets of communications, privacy rights, or indirectly restrict personal freedom."

"This clearly violates Article 52 of the Criminal Procedure Law and Article 106 of the Interpretation of the Criminal Procedure Law, constituting illegal evidence collection!"

There are still experts!?

Everyone perked up and turned to look, only to see Sun Bing once again spouting witty remarks.

"According to Article 153 of the Civil Code."

"Civil legal acts that violate mandatory provisions of laws and administrative regulations are invalid."

"The other party claims that the agreement supersedes the law," but Article 153 clearly stipulates that the validity of a contract cannot exceed the binding force of the law, therefore...

""

"The contract signed by both parties is invalid!"

The prosecutor's stand.

Huang Shi slammed his fist on the table and roared, "Objection!"

"in accordance with...

'

"be opposed to!!!"

"both sides...

""

"objection!!!"

"be opposed to..."

'

'

Outside the courtroom.

The main entrance corridor of the Second Court.

to be frank.

The reporters who stand at the door are mostly veteran journalists with extremely strong backgrounds from their respective TV stations or newspapers.

Correspondingly, their legal literacy is comparable to that of some lawyers!

Sometimes, when the audience couldn't understand what the courtroom was saying, these veteran reporters would offer their explanations. They were practically know-it-alls, and no case had ever stumped them in decades.

But now...

"Wait... what are they saying inside!?"

Several reporters near the door looked as if they had seen a ghost, their faces full of disbelief.

Can't understand...

I can't understand it at all!

Make sense.

If the sound inside is too soft, unclear, or makes it difficult to understand, then so be it.

But ironically, despite the clear and distinct pronunciation, the voice still left them scratching their heads in frustration.

a long time.

A reporter covered his head, and said in astonishment, "No..."

""

"Is there a battle of magic inside!?"

This isn't a battle of magic in fantasy or martial arts; it's about the law!

The prosecutor and the defendant are now locked in a legal battle!

no..

They've never encountered this situation before! What do you mean by both sides using legal codes to smash each other's heads?

After listening for a long time, the crowd still couldn't understand. They were so angry that their faces turned red. After struggling for a long time, they could only manage to utter one sentence.

"What exactly happened in this case!?"

Trial area.

Inside the second courtroom.

In the noisy and chaotic courtroom.

The agent seats in the corners, however, appeared quite deserted and quiet.

"Wonderful..."

From her seat as an agent, Lin Yue watched the back-and-forth between the two sides and couldn't help but offer a word of praise.

From her perspective.

Zhang Wei and Sun Bing were in no way inferior to the senior lawyers at the top eight law firms in Beijing and Haicheng, and had even surpassed the so-called gold medal lawyers!

It's surprising that such a small city like Green Forest could have two such top lawyers...

Although he was forced into it by Xu De.

But that's not important!!!

Anyway...

"That was amazing!"

Wang Chao, standing to the side, was also utterly shocked, his hands covering his head. It was the first time he had ever witnessed such a breathtaking scene.

Xu De was somewhat taken aback, but wholeheartedly agreed.

Looking at Yellowstone, which was about to burn out and had its scorched brain reduced to ashes.

Xu De expressed his feelings about "unleashing the potential of his teammates".

Indeed, it's best to let the other party defend themselves.

After all, the profession of prosecutor naturally possesses a certain degree of impartiality, credibility, and legal rationality in court. The same law can have almost completely different effects depending on whether it is spoken and acknowledged by a prosecutor.

until..

On the judge's bench.

"Bang!"

"Silence! Silence!"

Presiding Judge Zhang Bingxin had a headache; veins bulged on his forehead, and blood vessels were constantly throbbing.

Having received the messages from both sides in a short time, he felt a throbbing pain in his head and had no choice but to raise the gavel and strike.

a long time.

He recovered, his face darkened, he took a deep breath, and his gaze immediately fell on Xu De in the corner.

Zhang Bingxin angrily shouted, "Agent!"

The words were spoken.

The trial area fell silent, and everyone turned their attention to Xu De, who was "hiding."

Huang Shi's face darkened.

He was burning himself to the point of almost turning into a relic, while the other person was just watching the show with great interest.

The lawyers in the defendant's dock also turned as black as the bottom of a pot.

At this point, Judge Zhang Bingxin spoke up again in a furious voice: "If you do not express your opinion..."

""

"The court will downgrade the status of your evidence!!!"

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