Lawyer: Start with legal retaliation against infidelity!
Chapter 92 The Time Has Come! A Cunning Mantis Is Lurking Behind!
Chapter 92 The Time Has Come! A Cunning Mantis Is Lurking Behind!
The school bears undeniable responsibility for the incident.
Upon hearing this, everyone frowned slightly.
Zhang Wei continued, "Firstly, there was a lack of school management and a failure to stop bullying in a timely manner."
"During the period in which the incident occurred, the school bears two responsibilities for causing the incident: first, the school's management personnel."
"The administrators failed to fulfill their management responsibilities and did not act as a mediator to promptly stop the conflict between students; instead, they exacerbated the conflict between the deceased and the defendant!"
"For example, Lu Guangjun, a teacher at the school."
"The nature of the conflict directly affected the relationship between the defendant Liu Jingqi and the deceased Yang Jiale!"
Zhang Wei spoke in a deep voice, his words containing logic, yet seemingly illogical in their entirety.
Did the school fail in its responsibilities?
How should the school fulfill its responsibilities?
There's absolutely nothing we can do about it!
After all, the school covers such a large area, you can't possibly install surveillance cameras everywhere, even in the toilets, with 360° surveillance without blind spots, can you?
This is not realistic.
However, education explicitly and mandatorily requires schools to assume responsibility!
That's right, most people don't know, but it is actually written into the law.
According to Article 39 of the Law on the Protection of Minors.
School bullying prevention is a mandatory obligation of the school. Even if the school fails to establish a system, does not stop or report bullying, or is not even an instigator of bullying, it is still a violation of the law and must be held accountable!
Of course, if the students were adults, the school wouldn't bear much responsibility, but... the three defendants are clearly minors under the law!
so....
"The school should bear some responsibility for the case, especially teacher Lü Guangjun!"
Zhang Wei spoke firmly, without the slightest shame for betraying Lü Guangjun.
It's important to know that Lü Guangjun is now facing criminal charges because of Liu Jingqi's family.
They even acted as witnesses for them during the last court hearing!
But he still sold it, without any hesitation.
"In summary."
"In this case, both the school and the family failed in their guardianship duties, and the responsibility should be shared by all parties. The defendant should not bear all the criminal responsibility alone."
Zhang Wei spoke again, throwing out a bunch of usable buffs to defend himself.
In a daze.
He then said, "Fourth."
"Presiding Judge, Judges."
"After the incident, the defendant did not resist at all; in fact, one could say that he did not."
'
"Confess."
He...surrendered himself!?
In a daze, the moment those two words were uttered, everyone present focused their gazes and scrutinized him closely.
Zhang Bingxin thought to himself, "Continue."
"It's very simple, based on the legal regulations governing surrender."
"Based on Article 67 of the Criminal Law, and with reference to the National Unified Training Textbook for Judges."
"The description of the surrender clearly states that the police had not yet brought the scene under control; it was a chaotic situation. The fact that the person could have fled but did not is considered a surrender!"
"Based on the case description."
"Our defendants, Liu Jingqi, Jiang Yu, and Qiao Wang, had every opportunity to flee after the incident."
"But none of the three chose this law."
As Zhang Wei spoke, everyone frowned.
He turned his gaze to Xu De, a smile spreading across his face, and slowly said, "Finally!"
"The three defendants are all underage students, who are highly malleable and have the potential to help correct their behavior."
"Therefore, the defendant requests the court..."
"6
"The focus should be on education, persuasion, and rehabilitation, with lenient sentencing to give people a chance to reform!"
"That concludes our statement."
Surrender...
Repent and start anew.
As soon as he finished speaking, the few people present showed a slight look of astonishment in their eyes.
On the judge's bench.
The three judges seemed to remember something, and they all lowered their heads and whispered to each other.
The same was true at the prosecutor's seat. Huang Shi immediately looked at Zhang Qing, frowning as he sought advice from him.
Xu De looked at Zhang Wei, who had a relaxed smile on his face, narrowed his eyes, and unconsciously tapped his fingers on the table.
Outside the courtroom.
"Confess?!"
"Wait... isn't this the same tactic the defense used in the Lijiacun case back in October!?"
"Based solely on what the other party said... it seems somewhat related to turning oneself in..."
"7
"Wait, isn't this Xu De's move? He's on the prosecution's side now!"
Outside the Second Courtroom.
Several reporters who had been listening intently showed a hint of surprise on their faces, and they opened their eyes and whispered among themselves.
And indeed, the facts are just as everyone thought.
As the saying goes, "Learn the superior techniques of the barbarians to subdue them!"
Xu De was not considered a barbarian.
But that doesn't stop others from being able to learn his moves!
so..
"Director, someone else has copied your trick, what should we do?"
In the seat of the victim's legal representative.
Wang Chao looked at Zhang Wei, raised an eyebrow, and then turned his gaze to Xu De.
I thought the other person would look unhappy, or at least say something sarcastic, but on the contrary...
Xu De, however, showed no expression whatsoever.
If I had to describe it... was it a laugh?
It was a meaningful laugh!
"Director, you need to scold him a bit now. You can't laugh. The courtroom is a serious place," Wang Chao suggested in a low voice.
Xu De ignored him.
Not long after.
After concluding the exchange, Judge Zhang Bingxin took a deep breath and looked towards the prosecution's bench.
"Prosecutor, do you have any objections?"
Upon hearing this...
At the prosecutor's table, Huang Shi and the others opened their mouths, thought for a moment, and then said, "Your Honor, we have an objection!"
According to the case file provided by the police, the original text clearly shows that after reviewing surveillance footage, interviewing classmates, and questioning teachers, the focus was ultimately placed on the defendant. After comparing the evidence, the defendant was identified as the suspect in the case.
'
"The police never said the defendant surrendered himself!"
"Furthermore, what is stated in the case file constitutes entirely normal criminal investigation and arrest procedures, and has absolutely nothing to do with surrendering oneself!"
Huang Shi's expression was serious, and his voice was very loud.
Surrender?
Police arrested the perpetrator three hours after the incident.
Huangshi has never heard of a case where the police come to arrest someone three hours after the murder and consider it a surrender!
"Prosecutor, we have something to correct you on!"
Zhang Wei directly refuted this.
"The law clearly stipulates that 'being able to flee but not fleeing' constitutes a form of voluntary surrender."
"The three defendants, Liu Jingqi, could have easily fled the scene of the crime, namely No. 18 Middle School, after the incident," but they chose to remain at the scene and wait for the police to take them away.
"Furthermore, there was no resistance during the arrest; the individual was compliant!"
indeed.
The scene was chaotic, and there were many students at the school. If it really came down to it, three hours would have been enough time to escape.
Even if she couldn't escape the city, she could at least hide in Green Forest City and wait out the limelight for a few months before leaving the city and finding a place to live under an assumed name.
Although it sounds unrealistic.
But that was the case in 2002; the difference in social control between then and twenty years later was like heaven and earth!
only..
"objection!"
"The defendant has never cooperated with the police; your statements are completely taken out of context!"
"The concept of surrender has always been defined by the context, but your side has limited it to actions within the 18 regions, mistaking 'fear' for 'compliance'!"
"Furthermore, the crime scene was located on the rooftop of the school's main building, while the arrest took place in a dormitory, which was outside the designated area of the crime scene."
.
"In conclusion, the defendant Liu Jingqi did not fail to flee during her arrest; rather, she fled, intending to hide in her dormitory and take advantage of the chaos!"
Prosecutor Zhang Qing suddenly spoke, his face serious.
He immediately stood up and said, "The definition of surrendering oneself should also take into account subsequent behavior."
"The defendant Liu Jingqi intended to use her family members to collude with Lü Guangjun to create favorable conditions for him and cover up his criminal behavior, which completely constitutes resistance to confession" and should be dealt with severely!
Surrendering oneself is never just about capturing a single moment.
You should watch the whole thing!
First, we need to determine if the suspect fled; second, how the suspect was taken away by the police; and finally, whether the suspect cooperated with the police afterward.
Let me put it this way.
Even if you voluntarily go to the police station, but don't say a word and resist confessing, that doesn't count as turning yourself in.
Yes.
Even if you voluntarily walk into the police station, as long as you don't confront them, it doesn't count as "turning yourself in," let alone surrendering!
Surrendering oneself is a simple addition and subtraction problem; only voluntarily turning oneself in and truthfully confessing one's crimes equals surrendering oneself.
Liu Jingqi continued to resist punishment, refused to confess, and even caused the incident involving Lü Guangjun. No matter how you look at it, her actions were still considered egregious.
In short...
Prosecutor Zhang Qing took a deep breath.
He released all the words he had been holding back for the past few months, which he had reviewed countless times in his mind.
"Shameless! Defendant's seat, this is an utterly shameless, immoral, and cunning statement!"
"The above statements are completely unintentional and unethical!"
"Your Honor, we request that the defendant's claims be dismissed!"
This is..
Did he just start cursing right away?
To be honest, swearing is generally not allowed in court, but Zhang Qing still swore.
Xu De subconsciously looked at Zhang Qing, and seeing the figure with his back to him, he felt that there was something strange about the other person's words.
As for the defendant's seat...
Even the top lawyer Zhang Wei showed a hint of surprise in his eyes at this moment.
"Why such a strong reaction?"
Zhang Wei murmured.
Although they expected the other party to react, they never imagined that Zhang Qing would directly curse the judge's bench in this setting.
"Defendant, your fourth defense point—the defendant's claim of surrendering himself—is insufficiently supported and therefore invalid!"
Judge Zhang Bingxin also spoke, his words sharp and precise, giving the other side no chance to refute.
Using this tactic without even considering who's in court...
For Zhang Bingxin to have a good impression of this argument... it would be like the sun rising in the west!
of course.
"Prosecutor, please mind your personal conduct."
"This is a courtroom. Do not engage in verbal attacks or personal insults!"
"Warning!"
Zhang Bingxin turned to look at Zhang Qing, essentially blaming both of them equally.
In this regard.
Zhang Wei, in the defendant's seat, didn't care. If the case was dismissed, so be it; if it wasn't established, so be it.
people....
As long as he adopts this turtle-like, defensive strategy, the scales of victory will surely tip in his favor!
As for turning oneself in?
It doesn't matter if he's erased, since his main strategy lies in the first three points.
By splitting the responsibility, and citing the fact that the defendant Liu Jingqi was a minor, and in conjunction with the "Law on the Protection of Minors," the responsibility for the murder was partially shifted to the school.
Let Lü Guangjun be the scapegoat again!
Thus, we can conclude with the statement that "guidance should be the primary focus."
Its logic and feasibility are quite meticulous!
Why?
Because these three mitigation arguments all coexist with the Juvenile Protection Act, he never expected them to be completely rejected, but rather that even a small remnant would suffice...
"15?"
On the judge's bench, Judge Lu Guowei frowned and said in a low voice, "If that's the case... I'm afraid it won't be possible to deliver a verdict for 18 years."
Before the trial, Vice President Qian Hu was still suggesting that he increase the sentence by two years, but now it seems that if he adopts the defendant's suggestion, the sentence will probably not even reach 18 years.
Regarding whether the prosecution will pursue further action against the prosecutor, do you have anything to add?
Zhang Bingxin looked at Huang Shi and asked.
Huang Shi opened his mouth, then fell silent.
All supplements must rely on the evidence itself, but he... had no evidence.
Even the defendant chose to avoid the battle, completely refusing to refute their accusations and focusing entirely on defenses for reduced sentences.
No direct confrontation!
"We...have no additional evidence to provide."
Huang Shi shook his head and sighed deeply.
As expected, the case unfolded exactly as he had anticipated.
Suddenly.
The entire second courtroom fell silent.
Even outside the courtroom, reporters kept quiet, maintaining a peaceful environment and silently listening to the faint sounds emanating from inside.
The prosecution has no new evidence.
The defendant refuted the charges, effectively pleaded guilty, and only raised the defense of sentence reduction, leaving it to the judge's discretion.
There were no more intense conflicts, and no more objections or doubts.
That..
According to the court's procedures... the "conviction" stage has reached its final moment.
Once the judge picks up the gavel, the case moves into the final sentencing phase.
Based on the current circumstances of the case, the sentence is... 15 years? Probably 15 years.
As expected... just as I initially thought, this case had no twists or turns, and I couldn't find a breakthrough. Was it a sure-fire, fatal outcome?
Just as the surroundings fell into complete silence...
On the judge's bench.
Presiding Judge Zhang Bingxin seemed to remember something.
He paused abruptly, then turned his gaze... to the seat of the victim's representative, who was the quietest person in the entire trial, and who had never participated in obstructing the reduction of sentence—or rather...
Xu De!
The other person...is not saying anything?
No, that's not right. Zhang Wei is using his moves, and this behavior is clearly a provocation...
Even when Liu Jingqi was offered a reduced sentence, she didn't speak up. You have to understand, what Zhang Wei said... was enough to reduce her sentence to 15 years!
But why isn't the other person saying a word?
In a normal criminal prosecution, the role of a legal representative is indeed quite quiet.
But when it comes to Xu De... something's not right, it's definitely not right!
The other party was too quiet, so quiet that it could even be described as eerie!
In a trance.
Judge Zhang Bingxin seemed to realize something was amiss. He frowned and opened his mouth.
A sudden sound shattered the silence of the courtroom.
"agent."
"Do you... have any objections to state?"
agent?
In an instant, everyone's attention was drawn to these words.
And it was this sentence that brought Xu De, who had been hiding and acting like a transparent person, back into the public eye.
But it doesn't matter anyway, after all...
The timing... is about right.
at this time.
In the seat of the victim's representative.
"Your Honor, we have a small question to ask the opposing counsel."
Xu De suddenly raised his head, his gaze falling on Zhang Wei in the defendant's seat, who was completely unaware of what was about to happen.
The problem is...
""
Did the other party think they had the situation under control?
But sorry, the mantis stalks the cicada... unaware of the oriole behind!
Suddenly.
The agent, completely absorbed in the game, sat in his seat.
As the trial neared its conclusion, the attorney in the seat finally spoke slowly.
He formally asked his first question during the trial... a light, harmless question.
"Defendant's dock, regarding the charges brought by the prosecution in this case, your side..."
""
Xu De spoke gently, smiling as he looked at the other person, and slowly said, "Is there no objection? Or rather, is there...?"
""
"Plead guilty?"
P.S.: Extra chapter tomorrow.
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