Lawyer: Start with legal retaliation against infidelity!
Chapter 77: Can cross-examination cause a hostage to faint?! [Bonus Chapter, Please Vote!]
Chapter 77: Can cross-examination cause a hostage to faint?! [Bonus Chapter, Please Vote!]
To survive, one must detach the tail.
That's right, it's about cutting off the tail to survive!
After Xu De submitted the evidence, whether the judge considered it valid or invalid, it was impossible to prevent the case from turning against him.
Why?
Because everyone knows the evidence is real, even if the evidence is not accepted, the judge can still target them!
How should we respond? After all, there's no reason or evidence to support our claims...
Very simple.
Do not take excessive measures in their defense!
Zhang Wei had anticipated this, so...
"We request a lenient sentence!"
dock.
Zhang Wei shouted loudly.
After saying that...
Everyone in the attorney's seat and the prosecutor's seat frowned.
"broken..
'
Realizing something, Lin Yue, sitting in the proxy seat, quickly stood up and turned to look at Zhang Bingxin, preparing to forcefully change the subject.
"presiding judge!"
"The court has not yet made a clear determination on the nature of the evidence we submitted; therefore, we request that the cross-examination continue!"
"The trial of the defendant is not yet over, and it is too early to issue a verdict!"
She could tell what the other person wanted to do.
It's simply a matter of giving up what's already lost, focusing on the minor, and using this law to get Liu Jingqi the least possible punishment!
The prosecutor, Huang Shi, also realized what was happening and immediately spoke up.
"I second that!"
On the judge's bench.
Zhang Bingxin was in a dilemma, feeling caught between a rock and a hard place, and remained silent for a long time.
You're going to cross-examine the evidence, right? But the defendant's dock is clearly not prepared for cross-examination; it will definitely end quickly.
You need to determine the sentence... but the case clearly hasn't reached that point yet.
The court proceedings are simple: debate, cross-examination, conviction, and sentencing.
They haven't even determined the crime, how can they pronounce a sentence?!
"Your Honor, the defendant's true intention is that the court should consider Liu Jingqi's age when convicting her, not when sentencing her!"
Zhang Wei sneered inwardly and changed his offensive strategy.
conviction?"
Okay, it's settled then!
He was not intimidated by the other party at all, for one reason only.
Red line laws are not only reflected in penalties!
Although it is not explicitly stated in the law, when it comes to people like Liu Jingqi, the general rule is to punish them for minor offenses if possible, and then further reduce the sentence from the minor offenses!
"Your Honor, based on the statements and evidence submitted by the prosecution and their representatives, it can be concluded that..."
Zhang Wei immediately said, "There is no evidence to prove that the defendant committed robbery, extortion, or insult."
"7
"We believe that the defendant Liu Jingqi is only guilty of intentional injury resulting in negligence and death under Article 234 of the Criminal Law!"
""
"According to the law, the sentence for this crime is three to seven years, and less than three years for less serious offenses."
"However, Article 17 of the Criminal Law clearly states that persons who commit crimes but are 14 years of age or older but under 18 years of age should be given a lighter or mitigated punishment!"
"The defendant, Liu Jingqi, is over 16 years old and is subject to the relevant laws for ages 14-16."
"He should be punished leniently!!!"
His thinking was clear: eliminate the possibility of intentional homicide from other angles, as long as it was manslaughter!
If a person is convicted of manslaughter, a suspended sentence can still be obtained by complying with the law.
Even without any illusions, Liu Jingqi will only stay in there for a maximum of three years!
This is not arrogance, but simply the reality.
The phrase "lighter or reduced punishment" in Article 17 of the law may seem trivial, but when it comes to the actual judgment, you'll realize just how draconian those words really are!
Let me put it this way.
Even if it's intentional homicide, it's enough to reduce a normal death sentence to fifteen years.
Even life imprisonment isn't enough...
Life imprisonment is the most extreme of all sentences!
"These days, life imprisonment... with all the commutations and reductions, nominally it's life imprisonment, but what's the reality?"
The actual time required to serve a sentence would be exaggerated... so exaggerated that most people would think it's fake.
How many?
At least 10 years!
Article 78 of the Criminal Law states: "The actual term of imprisonment after commutation... for those sentenced to life imprisonment, shall not be less than ten years."
In other words, even if Liu Jingqi is convicted of a serious crime, she only needs to serve 10 years in prison before being released, and may even be eligible for parole.
Sentence reduction is difficult, but this difficulty only applies to adults.
It wasn't difficult for Liu Jingqi at all!
Not to mention...
The judge may not necessarily convict him of intentional homicide!
"objection!"
Agent's seat.
Xu De frowned, becoming serious. He interrupted the other party's thoughts and said in a deep voice, "Your Honor, the evidence we have submitted above is already very clear."
"Among the evidence, witness Lü Guangjun clearly stated that the incident occurred when Jiang Yuqiao and Wang grabbed the legs of the deceased Yang Jiale, and Liu Jingqi actively shook him," causing him to lose his balance and ultimately fall to his death.
'
"In summary."
"The actions of the defendants Liu Jingqi, Jiang Yu, and Qiao Wang clearly constitute the crime of intentional homicide under Article 232 of the Criminal Law!"
conviction...
He still had to be convicted; he had completely dismantled the other party's defense evidence.
Right now, as long as a clear charge can be established, there will be a great deal of room for maneuver in the future!
"be opposed to!"
dock.
Almost the instant the other party finished speaking, lawyer Sun Bing immediately spoke up to refute them.
"The defendant, Liu Jingqi, had no intent to commit murder; this is clearly stated in the police's statement!"
That's what they say.
but.
With the evidence presented by Lü Guangjun, the credibility of the so-called confessions has naturally decreased.
But the words came back again.
It doesn’t matter if the credibility drops before new evidence refutes it, because it means that it is still credible!
only....
"objection!"
"The actions of the defendants, Liu Jingqi and the other two, clearly constitute intentional homicide. No legal provision stipulates that intentional homicide requires a pre-existing intent to kill!"
Xu De questioned him sternly.
He stood up, replacing Huang Shi, and began to fight with him.
Regarding the nature of "intentional crime," Article 14 of the Criminal Law, in its definition of intentional crime, describes it very clearly!
How is intentional crime defined? Is it defined by the subjective element?
No.
Intentional homicide...has two definitions and natures!
First, there is direct intent, which means you wish the other person to die and carry out this act, which constitutes intentional homicide.
This is how most people understand it.
While the second point is common, its dissemination is very one-sided, and the general perception that it constitutes intentional homicide often leaves the public bewildered and confused.
Even if you don't consciously want someone to die, the court can still convict you of intentional homicide!
This is...
Indirect intent!
In other words, if someone knowingly commits a harmful act that could lead to the death of another person, and that person dies, it constitutes indirect intent and is considered intentional homicide!
for example.
You hit someone with your car, got out and found the person unconscious but still breathing. You were terrified, but there was no one around and no surveillance cameras.
You thought of hiding it, but you knew that this action would kill the other person, so you did it anyway, resulting in the other person's death due to lack of effective rescue.
You did not commit murder, nor did you wish him to die.
But what is the legal definition of this behavior...?
Even if it's intentional homicide, the severity of the punishment is no different from that of direct intentional homicide!
"Based on the testimony describing the events of the incident."
"The defendant, Liu Jingqi, was clearly aware that her actions would lead to the death of the victim, Yang Jiale, but she still did it."
"This ultimately led to Yang Jiale's death by falling."
"His actions fully comply with Article 14 of the Criminal Law, specifically regarding the interpretation of 'indirect intentional crime'!"
Xu De's words were concise and to the point.
"In summary."
"The defendant, Liu Jingqi, has clearly violated Article 232 of the Criminal Law, the crime of intentional homicide!"
Prosecutor Huang Shi nodded.
"I second that!"
The prosecutor's credibility is relatively strong. Even if he does nothing but act as a mood-maker, the value he provides to Xu De far exceeds that of ordinary evidence.
This is the advantage that comes with a profession.
Given the same evidence, the judge is more likely to accept the other person's evidence than yours, and the degree of trust is also greater.
This is also why countless lawyers fail in criminal cases.
but...
"be opposed to!"
"Your Honor, regarding this case, we clearly stated one point at the start of the hearing!"
dock.
Zhang Wei's brain was racing, his face was pale... and he was even experiencing clear pain and dizziness, which were obvious signs of mental overexertion.
"That is, the applicable age range!"
Zhang Wei stated, "The other party's claim of indirect intentional homicide is based primarily on the perspective of an adult. From this perspective, the human body is fully developed, values are stable, and there is a relatively strong awareness of safety."
"but!"
"The defendant is only 16 years old!"
Zhang Wei slammed his fist on the table, pointed at Liu Jingqi who was breathing rapidly, and shouted, "Then, when determining whether it constitutes indirect intent, the judgment should be made from the perspective of a 16-year-old peer!"
"It is clear that from the perspective of the teenager, when committing the crime, they had absolutely no concept of the deceased's safety and were unaware that their actions would lead to Yang Jiale's death..."
'
"so."
"The defendant, Liu Jingqi, did not commit intentional homicide, but rather clear manslaughter!"
In the early stages of the trial.
He then engaged in a lengthy tug-of-war with the prosecution regarding the applicable age range for Yang Jiale's "retaliatory behavior" in the case.
This law does not only apply to legitimate self-defense.
Or rather...
As long as it relates to the "subjectivity" of consciousness, the applicable age group must serve as the premise of perspective!
But from the perspective of a 16-year-old in puberty, it's hard to say...
At that moment, Liu Jingqi hadn't really thought about what would happen to Yang Jiale if she fell!
But then a problem arises...
"Objection! We object!"
Xu De took a deep breath, his chest burning with anger.
The other party... is clearly going to use any means necessary to defend Liu Jingqi, without mentioning any real-world experience whatsoever!
"The crime scene was on the sixth-floor rooftop, dozens of meters above the ground!"
Even a ten-year-old knows that a fall from a height of tens of meters can cause fatal injuries!
"The defendant, Liu Jingqi, is 16 years old and her intelligence is at a normal level."
"7
"Based on real-world experience, she clearly knew that her actions would cause irreversible harm to the deceased, Yang Jiale!"
The applicable age range can naturally refute the concept of law.
But what Liu Jingqi did was common sense!
We won't say 16, nor will we say 15.
If you find a 13-year-old child and ask him if he knows whether a person will die if they jump from a height of several tens of meters, he will tell you 100% that they will!
Not to mention she's 16 years old... and she's even a 16-year-old girl in her final year of high school!
Liu Jingqi was fully aware that she forced Yang Jiale to stand on the edge of the rooftop and threatened him with her hands, which could very likely have led to his death.
But she still chose to do it.
According to the law, what else could this be but intentional homicide?!
"Defendant, this is a classic example of ignoring reality!"
Xu De's questions were like sharp swords, stabbing at the defendants from the most tricky angles!
The words were spoken.
The entire Second Courtroom fell silent.
The only sound was the faint, anxious breathing of each other; there was no other noise.
The three judges on the bench were breathing heavily, racking their brains as they pondered.
Huang Shi's face was gloomy, and it was unclear what he was thinking.
In the defendant's dock, the faces of the defendants were grim. They began to target Xu De, trying to find his weaknesses and then attack them relentlessly. But when they pulled out his briefcase, took out the analysis reports, and looked at the numerous hexagonal, six-dimensional diagrams, they suddenly remembered...
The person in front of me has no flaws.
Just for everyone.
The nerves of dozens of people in the Second Courtroom were on edge...
"Bang!"
"Given that key facts in this case remain in dispute and require further investigation, it is hereby announced that..."
On the judge's bench.
Presiding Judge Zhang Bingxin raised the gavel high and struck it down on the platform, then...
His voice seemed to resonate in everyone's hearts.
Court adjourned!
The moment those two words fell.
Everyone paused slightly, and then, at that moment, their taut nerves quietly relaxed.
To be honest, nobody usually wants a recess in a case, because it would prolong the proceedings and be bad for everyone.
but..
At this moment, everyone's consensus was...
The court has finally adjourned!
Even the clerk breathed a sigh of relief, and then the exhaustion that had been hidden overwhelmed him like a tidal wave, leaving him feeling weak all over.
"Everyone, please leave the courtroom in an orderly manner."
On the judge's bench.
Three judges, who looked several years older, stood up with weary expressions. Zhang Bingxin made a weak announcement and then left in a sullen voice.
The prosecutor's stand.
Huang Shi and the others also felt more exhausted than ever before. After tidying up their things, he and Xu De and the others walked outside.
Second courtroom, outside the courtroom.
All the reporters stared intently at the main entrance, countless cameras aimed at that tiny crack in the door.
They are waiting.
Wait until the court session is adjourned!
This case is not open to the public, but that doesn't prevent the details from being made public... They need to know what happened in court during those hours!
Everyone's breathing became slightly rapid, as if a cat was tickling their hearts.
until...
"Squeak~"
The main entrance to the Second Courtroom suddenly opened.
Several figures appeared before the crowd; they were none other than the prosecutor and Xu De.
In an instant.
The crowd surrounded them like a tsunami.
The cacophony of anxious questions drowned out everyone else.
"Prosecutor Huang! What happened in court just now? Why did the proceedings get somewhat out of control?"
"Attorney Xu, are you confident you can win this case?"
"What stage is the case at now? Can I learn more about it?"
"Hello, could I do an exclusive interview with you?"
""
"6
""
The reporter went crazy, disregarding order, just wanting to push to the front and get an answer.
no way.
This case is so frustrating, it's like wanting to rush into the courtroom to watch.
after all..
They truly couldn't have imagined what could have happened in a case that would lead the prosecutor, the defendant, and the defendant to disregard court order and engage in a high-intensity legal battle that lasted for hours!
That lasted for several hours!
Just listening to it gives me a headache...
While they were conducting their interview, reporter Zhang Xia peered through the gaps between the group and peered toward the court proceedings.
And it was precisely that unintentional glance...
The next second, she was stunned.
All I saw was...
In the dock.
Zhang Wei, whose face was pale, relaxed his tense muscles at this moment. He opened his mouth, wanting to say something, but the side effects of being forced to exhaust his mind by Xu De for several hours... surfaced at this moment!
At first, an overwhelming feeling of oxygen deprivation surged through Zhang Wei, making him dizzy and causing his temples to throb.
Immediately afterwards, blurry black spots of light appeared in my vision, I experienced tinnitus, my limbs felt weak and I could hardly stand, and even my consciousness was gradually fading away!
Zhang Wei staggered for a moment, and then everything went black before his eyes.
The next second...
"Bang!"
Zhang Wei collapsed to the ground, unconscious.
This is..
In a daze...
A gasp of surprise came from inside the courtroom.
"I'm dizzy! I'm dizzy!"
"Call an ambulance! The defense attorney has fainted!"
"The infirmary! Quickly call the doctor from the medical room! The defendant's lawyer has fainted!!!"
"6
""
Seeing this, Zhang Xia's face showed a look of astonishment.
I'm dizzy...dizzy?
Can courtroom testimony really make hostages faint?!
She turned her head sharply, looking at Xu Dehe and the prosecutor with disbelief, letting out a sound of genuine shock.
"This case..."
'
"What on earth did you do?!"
P.S.: I'm so screwed over. I just launched the product and got this huge smear on me, and I've been carrying it for 24 hours straight.
The title is a pre-arranged list of seven chapters, and I don't have the authority to change the text, so it's clear that I intended to update seven chapters from the beginning.
This chapter of about 5,000 words is considered compensation and will not affect the three 12000-word chapters to be updated at noon.
I'll update at least 20,000 words today, please vote!
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