Chapter 60 Lawyer Zhang, you speak, you refute him!
Zhang Wei stood up and first defended himself against the crime of illegally trespassing into another person's house.
"Our client entered the victim's house without his consent and is indeed suspected of illegally intruding into another person's house."
Zhang Wei retreated in order to advance and began to defend: "But our client did not harbor subjective malice or intention to harm, nor did it cause serious consequences!"
"Illegal intrusion into other people's homes is usually combined with illegal debt collection, burglary, burglary and other serious crimes, and is punished as a felony."
"And our client only entered the victim's home and did not commit any further illegal or criminal acts. His purpose was also for theory, not harm."
"Therefore, I believe that our client's behavior does not apply to the criminal law's determination of illegal intrusion into other people's homes. According to the judicial interpretation of public security penalties, he should be detained for not less than five days and not more than ten days, and also be fined not less than 200 yuan but not more than 500 yuan.
A fine of not more than RMB 100,000.”
As soon as Zhang Wei finished speaking, Shen Tianci stood up and said: "The live video shows that the defendant directly and personally attacked the victim during the illegal invasion of the house! This is already a violent invasion, and the defense lawyer's argument does not apply.
The circumstances are minor.”
Zhang Wei said: "Our client does not deny the physical harm caused to the victim and expresses his deep apology."
"But he did not have any subjective intention to harm. He only acted inappropriately because his wife and children had health problems and he was in a hurry and failed to control his emotions well."
"Just think about it, if your loved ones were hurt, would you be able to remain completely calm?"
Speaking of this, Zhang Wei paused briefly, and then slowly uttered a sentence:
"The reason why people are human is because they have feelings!"
Many jurors nodded.
Obviously he agrees with Zhang Wei's words.
It is understandable that he did some improper actions in a desperate situation. Of course, the more important thing is that Jiang Bai was not seriously injured.
It's just a slight physical contact, not even a minor injury, so there's really no need to make a big deal out of it.
Seeing this, Wu Zhengyi's expression softened slightly and he breathed a sigh of relief.
Shen Tianci frowned slightly.
As a public prosecutor, he has dealt with Zhang Wei more than once and knows the other party's level well.
Really professional and really awesome!
There is no doubt that on this count, Zhang Wei's defense has the upper hand.
But it doesn't matter, the crime itself is incidental.
The focus is still on extortion.
But Zhang Wei also had something to say about this crime.
He picked up a piece of evidence and said: "I once asked the manager of the takeout store where the victim ordered, and the other party said that their store did not have the so-called 'original sausage pizza'. It was the victim who called that day and insisted on making it, and also gave instructions.
Use ice tea bottles to hold urine.”
"I have reason to suspect that the victim did this on purpose!"
"Our client's five-year-old son had taken the victim's pizza for takeout twice before. The victim was out for revenge, so he ordered this special takeout just to wait for our client's son to take his pizza for the third time.
takeout!"
"This is clearly a long-planned act of revenge!"
Zhang Wei's words were sharp and pointed directly at Jiang Bai.
The best defense is offense.
This sentence is equally valid in court debates.
As long as Jiang Bai's behavior can be determined to be deliberate revenge, then the nature of Wu Zhengyi's family's subsequent claims will be relatively different.
This will significantly affect sentencing decisions.
After saying that, Zhang Wei looked at Jiang Bai confidently.
After all, the other party is just an ordinary young man. As long as he reveals the slightest flaw in his statement, he will catch him and magnify it infinitely!
I have the advantage in this wave, there is no way I can lose!
But he didn't know that after the incident, Jiang Bai made a special trip to find a very cruel man and talked about some very cruel topics...
Jiang Bai was already prepared for Zhang Wei's doubts.
He stood up, looked at Zhang Wei, and said with a smile: "I would like to ask the defense lawyer, what evidence do you have to prove that I know that the defendant or his son will take my takeaway?"
Zhang Wei frowned slightly and said: "Although I have no direct evidence, your strange behavior of ordering takeout is enough reason for me to believe that you are aware of it and did it on purpose."
"Sorry, the court is talking about evidence, not speculation."
Jiang Bai still smiled and said:
"You don't have any evidence to prove that I did it on purpose."
"And I didn't have any fault in the whole incident. This was completely an accident in which someone stole the takeaway and caused him to be injured."
"I don't feel that I need to bear any legal responsibility in this incident."
Zhang Wei spoke very quickly: "Before this, the pizza delivery you ordered twice was taken away!"
"Even if you don't know that it was our client's son who took it, at least you know that there is a high probability that someone will take your new order of pizza delivery."
"And you have a laissez-faire attitude towards this kind of loss that may occur. How can you escape responsibility!"
Jiang Bai asked back: "So because I lost my takeout twice, will I not dare to order takeout in the future?"
"Whether I eat the takeaway I order or feed it to my cat or dog, this is my freedom. Why should I consider the possible consequences of others eating my takeaway?"
Jiang Bai looked directly at Zhang Wei, with clear logic and sharp words, he launched a counterattack.
"Defense lawyer, according to your logic, does it mean that because I have lost my takeaway, I have lost the right to freely choose the takeout flavor?"
"So……"
"Am I not allowed to order spicy takeaway in the future? I have to consider that someone might end up in the hospital because of eating my takeaway."
"Am I afraid to add coriander and celery to my takeout in the future? I have to consider that the people who eat my takeout may be allergic to these things."
"Am I not allowed to order pork takeout in the future? I have to consider that certain ethnic groups have the custom of not eating pork. If they steal my takeout, wouldn't they label me as disrespectful to the customs of other ethnic groups?
?”
"Defense lawyer, do you think this is reasonable?"
Jiang Bai's words left the eloquent lawyer speechless.
Zhang Wei narrowed his eyes slightly.
Obviously Jiang Bai's counterattack was so fierce that he did not expect it.
"Then how do you explain that special takeaway?" Of course Zhang Wei would not give up so easily.
Jiang Bai said calmly: "It's very simple. I bought the original large intestine pizza to feed the stray dogs in the community. I made a note on the order. I believe anyone who has attended elementary school can understand it, and
Understand its meaning.”
"As for the iced tea... I happened to be feeling unwell for a few days, and I know a folk remedy that says children's urine can cure all diseases."
"The request I made to the pizza shop owner was also made of child urine. This is a folk remedy I use to treat illnesses. Later I found out that it was the owner's own. I will talk to him about the matter of the owner deceiving consumers."
"Your Honor, I'm done."
Afterwards, Jiang Bai sat down.
Zhang Wei's face darkened.
He didn't expect Jiang Bai to be so eloquent and think very clearly.
Not even a single flaw was revealed.
At least, on the surface, his explanation is reasonable and there is nothing wrong with his approach.
This is the trickiest thing.
Jiang Bai must have done it on purpose!
Zhang Wei knows this, Wu Zhengyi knows it, and it is possible that the judge and jurors also know it.
But, there is no evidence.
Everything in court is based on evidence, and all speculation without evidence will not count.
Naturally, judges and jurors will not take these groundless speculations into consideration when sentencing.
Shen Tianci gave Jiang Bai a thumbs up in a subtle manner.
sharp.
Watertight!
"Defense lawyer, do you have anything else to say about the plaintiff's explanation?" Chen Zhonghan asked.
Zhang Wei took a deep breath and said: "The purpose of a case trial is to use objective evidence to infer subjective thoughts. I still stick to my opinion."
The words fell,
Shen Tianci signaled to the judge, then stood up and said: "The prosecutor believes that the plaintiff does not need to bear any legal responsibility in this incident!"
"What flavor of takeout he orders is completely a citizen's personal freedom."
"And the defendant stole the plaintiff's takeaway and was injured himself. This is an intentional injury caused by the defendant!"
"The perpetrator does not need to bear any civil compensation, let alone administrative or criminal liability."
"Therefore, the defendant's demand for compensation from the plaintiff is unreasonable and the amount is huge. This completely exceeds the scope of reasonable compensation."
"In addition, the defendant used threats and intimidation methods, which meets the conditions for extortion."
"I ask the judge to give the defendant a severe punishment!"
Shen Tianci's speech made the already not optimistic situation even worse.
Zhang Wei's face became increasingly ugly.
The advantage is gone.
"Lawyer Zhang, you speak, you refute him!" Wu Zhengyi urged in a low voice.
He's anxious. He's anxious.
Although he didn't understand the law, he could see that the situation was very unfavorable to him.
Zhang Wei quickly organized his thoughts and began to argue.
But the situation is still not optimistic.
Half an hour later.
"winter!"
The court debate is over.
Chen Zhonghan asked the victim and defendant to make their final statements in turn.
Jiang Bai's statement was very simple, asking the collegial panel to give the defendant a harsher sentence.
After he finished his statement, Wu Zhengyi stood up, gritted his teeth, and slowly said: "I... plead guilty!"
Plea guilty!
Or you can only plead guilty.
Pleading guilty may not make the situation better, but at least it won't make it worse.
Seeing that Wu Zhengyi did not cause any trouble, Zhang Wei felt a little relieved.
Doing your best and obeying destiny is enough.
Judging from the current situation, one year is probably enough, but it will definitely not reach three years.
The sentence should be between one and a half to two years.
Although it didn't meet initial expectations, it was pretty good.
Being able to achieve this step is already a reflection of Zhang Wei's ability. Any criminal defense lawyer may not be able to do better than him.
But just when Zhang Wei was relieved, a sharp voice suddenly came from the court audience seat.
"Can't admit guilt!"
…
It's a bit late today, sorry~ tomorrow's chapter should be released between 3pm and 4pm, two chapters will be released in succession.
Follow-up reading is very important for new books. If there is no follow-up reading, there will be no recommendation. Without recommendation, the book may be forced to die ε(┬┬﹏┬┬)3
Readers, please read the latest chapters every day. Don’t keep this book. If you keep this book, you may die (；′⌒`)
Read more! Read more! Read more!
Say important things three times.
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