Chapter 72: Fierce! |
Witness Lü Guangjun?
The prosecutors furrowed their brows.
They knew of Lü Guangjun; he was the deceased''s homeroom teacher...
As a teacher from the opposing party''s school, his testimony carried significant credibility and authority.
Furthermore...
"We also have physical evidence clearly demonstrating the deceased Yang Jiale''s malice toward the defendant on multiple occasions!"
Lawyer Zhang Wei continued, clearly having come prepared.
"Malice?"
Presiding Judge Zhang Bingxin frowned slightly.
But if...
If the victim exhibited extreme malice prior to the bullying and fought back during the incident...
Then the direction of the case might hold a slight element of uncertainty.
"Presiding Judge, this is a notebook confirmed by the police to belong to the deceased, Yang Jiale."
"Yang Jiale explicitly expressed intense malice toward the defendant in this notebook!"
As he spoke, Zhang Wei stood up and held the notebook high.
It was a common notebook found in any bookstore, worth no more than a few cents. But when Zhang Wei slowly flipped open a few pages...
[Die... die, die, die!!!]
The pages were densely packed with the word "die" written in red ink!
The handwriting varied in size, crooked and distorted, lacking any standard form.
However, the strokes were applied with immense force, making the writing look extremely fierce. Just by looking at these words, one could completely feel the writer''s hatred when venting through the text!
"Presiding Judge, this was written personally by Yang Jiale, and it explicitly includes the name of the defendant, Liu Jingqi."
"It is very clear that while alive, the deceased Yang Jiale harbored clear subjective malice and desperately wanted the defendant dead!"
Zhang Wei handed the notebook to the clerk.
Then, taking advantage of the three judges frowning as they examined it, he spoke again, "And on the 17th, the day of the incident."
"These emotions were ignited, and the conflict between the two sides completely erupted."
"While the defendant was roughhousing with her, the deceased Yang Jiale lost control of her emotions and began to resist."
"During this time, her retaliation was excessive, causing the three defendants to suffer severe violent infringement upon their personal safety."
"Subsequently, my client, in order to protect her own personal safety, was forced to counterattack, ultimately leading to this incident and the accidental death of the deceased, Yang Jiale."
"Unfortunately, the deceased''s family member, Zhao Li, witnessed this scene, triggering her illness and causing her to die on the spot."
The moment these words fell...
The entire courtroom fell silent for a moment.
The prosecutors looked at the defense in disbelief, deep shock in their eyes.
Why?
Because, judging from that statement, the implication of Zhang Wei and the other six lawyers was...
"In summary, according to Article 20 of the Criminal Law, the defendant..."
Zhang Wei took a deep breath and declared loudly, "Acted in legitimate self-defense!"
"Of course, the means of defense might have been slightly excessive."
Legitimate self-defense?
His meaning was that while Liu Jingqi was bullying Yang Jiale, it caused Yang Jiale to resist.
And this resistance made Liu Jingqi feel her life was in danger? Thus, the counterattack resulting in death was considered legitimate self-defense, or perhaps excessive defense!?
"Objection! Objection! We strongly object!!!"
Huang Shi was furious, slamming a hand on the table.
A strong sense of justice drove him to his feet. He pointed straight at the opposing lawyer and yelled, "The victim, Yang Jiale, did not actively provoke this!"
"According to the school''s field investigation and surveillance footage, this case started with the three defendants taking the initiative to inflict personal harm upon Yang Jiale!"
"Even if Yang Jiale fought back during the incident, according to the law, she was exercising her right to defense!"
Yang Jiale did not actively provoke or start a fight.
All clues pointed to the defendants being the first to infringe upon her.
But here was the problem.
"Prosecutor, please calm down!"
"There is absolutely no provision in Dongguo law stating that striking first deprives one of the right to legitimate self-defense!"
Almost the instant he finished speaking, another lawyer on the defense bench, Sun Bing, voiced her rebuttal.
She was forty-three years old, and the other gold-medal lawyer on the team. Standing up, she looked at him coldly, her argument highly logical.
"Excessive defense does not require the other party to strike first!"
"What is described in Article 20 of the Criminal Law is ''ongoing unlawful infringement''!"
"It has never required establishing who struck first!"
Yes.
If the other party struck first, and you retaliated, and the other party killed you, it could still potentially be considered legitimate self-defense on their part.
No one demanded that defense only counted when passively guarding!
"Initially, the defendant approached the deceased with the intention of joking and ''roughhousing.'' Even if her actions went overboard, they did not endanger her life!"
Sun Bing spoke, launching another fierce assault.
"And what about the deceased''s actions?"
As she spoke, the defense submitted another round of evidence.
"Presiding Judge, this is an appraisal of the murder weapon collected by the police at the scene, along with a description of the defendant''s physical condition."
She handed over several photographs and an appraisal report for an iron rod.
The photos were of Liu Jingqi, focusing on her neck.
There was a scratch there... a slightly bleeding scratch.
According to the on-site investigation, this scratch was shockingly caused by a wooden stick!
"The stick tested positive for oils secreted by the palm of the deceased, Yang Jiale, confirming that this nearly fatal wound was caused by her."
"Presiding Judge, just imagine."
"If this wasn''t a swing, but a thrust!"
"Then..."
Sun Bing shifted her gaze from the judge to Huang Shi.
"What condition would the defendant, Liu Jingqi, be in!?"
The weapon was the broken wooden leg of a desk; it was very sharp. If it had been thrust at the neck with the same amount of force... she most likely would have died.
In other words...
"This already exceeded the threat the defendant posed to the deceased!"
"It clearly infringed upon the personal life and safety of the defendant, Liu Jingqi, constituting a highly violent and serious illegal criminal act!"
"Corroborated by the notebook showing Yang Jiale''s own mindset, we believe..."
"Yang Jiale subjectively possessed the intent to intentionally murder Liu Jingqi. Liu Jingqi is the victim in this case; all her actions were for self-preservation!"
Sun Bing threw everything out at once.
"Furthermore, even Yang Jiale''s death was not caused by her own hands."
"Instead, she fell from the rooftop and died from the drop."
"The defendant engaged in no pursuit or ''excessive'' behavior, completely fitting the scope of legitimate self-defense."
Simply put.
It was as if you voluntarily slapped someone, and the other person, in a rage, took an action that almost killed you.
At that moment, you make an appropriate counterattack, but it results in the other person''s death. The court will not sentence you for intentional homicide, but rather legitimate self-defense.
Only, applying it to this case...
"Are you saying that a long-term bully is not only not a murderer, but actually a victim?"
"And the girl who was bullied to death has become the perpetrator!?"
Huang Shi felt it was absurd; it was as if he had heard something utterly unreasonable.
"Absurd... Presiding Judge, with all due respect."
Usually, even if they disagreed with a statement, the opposing party wouldn''t use a word like ''absurd'' to describe it.
They would strictly use laws and case details to refute it, but Huang Shi simply couldn''t hold back anymore.
"This is simply the most absurd statement I have heard in my ten-plus years of practice!"
He shouted angrily.
Zhang Wei, however, shook his head in denial.
"But those are the facts."
Huang Shi''s face fell, looking incredibly gloomy, his hands clenched tightly.
But he couldn''t utter any clear words of rebuttal.
There was no helping it.
You must have evidence to refute!!!
The defense had produced corroborating evidence: a notebook displaying hatred and murderous intent.
This wasn''t much on its own; after all, thoughts were not a crime. Cursing someone a couple of times or having a wet dream wouldn''t get you sentenced for mutual combat or rape.
Yang Jiale fighting back while being bullied and nearly killing someone was also not a big deal and could easily be debated.
But adding the two together... formed a small closed loop of evidence: "intent for intentional homicide + infringement sufficient to cause death"!
Prosecutor''s bench.
Victim''s litigation representative bench.
"This is bad. If they keep going like this... the wind will blow in the defendant''s favor."
Lin Yue frowned and spoke softly.
Influenced by her upbringing, her perspective was broader than an ordinary legal practitioner''s. She fully understood what Zhang Wei was doing and how the court would judge it.
If they continued to let the other side argue their case...
"Legitimate self-defense is impossible, but..."
Lin Yue paused, her face turning serious as she spat out an answer.
"There is an eighty percent chance it will be excessive defense!"
Countless similar verdicts could easily be found.
In 2021, the Li case: The victim of bullying, Wang, was beaten into a frenzy and pulled out a fruit knife, wildly stabbing Li, nearly killing him. Before dying, Li snatched the knife and killed Wang.
The result was that Li did not qualify for legitimate self-defense but met the form of defense, so it was ruled excessive defense!
In 2020, the Zhang case: The two parties had a fierce conflict, Zhang struck first, the other party picked up a brick to fight back, and was subsequently killed by Zhang, who had grabbed an iron rod to counterattack. The case was also excessive defense.
Excessive defense would also carry a heavy sentence.
But don''t forget...
"Liu Jingqi is only 16..."
Lin Yue furrowed her brows, faintly foreseeing the final outcome of such a development.
The defense inherently possessed an advantage; being 16 could reduce the penalty, so they didn''t need a total victory or to fight for legitimate self-defense.
They only needed to secure the minor advantage of excessive defense!
Combined with her age...
"There is a ninety percent chance of a suspended sentence!"
Lin Yue stated.
This wasn''t an alarmist claim; it was the truth. Countless precedents showed that once such conditions were met, judges would almost always sentence them to three years in prison, but suspended for three years.
Which meant...
Once the defense proposed by Zhang Wei and Sun Bing was established...
Liu Jingqi wouldn''t need to serve a single day in prison. She could even walk out of the courthouse today and go straight back to taking her exams!
It was shocking and sounded as absurd as fiction, but it was backed by factual basis.
"Heh, suspended sentence..."
Beside her, Xu De revealed a faint sneer, his eyes staring straight at the smiling Liu Jingqi on the defendant''s bench.
Yang Jiale was dead...
Zhao Li was dead...
The whole family was left with only Yang Huan surviving alone and in misery... How could he possibly let the other party get a suspended sentence on his watch!?
Thinking of this, Xu De did not hesitate at all and suddenly raised his hand.
In an instant, the originally quiet courtroom was interrupted by a loud voice.
"Objection!"
"Presiding Judge, the representative has an objection to raise!"
Everyone turned to look toward the victim''s representative on the prosecutor''s side.
On the judge''s bench, the three judges paused slightly before nodding. "Please state it."
Hearing this, Xu De looked directly at the defendant''s bench and spoke. "Defense."
"In the practical application of the law, the meaning of the same action performed by different age groups is not the same!"
"You are deliberately ignoring the fact that the victim, Yang Jiale, was only 17 years old!"
Ninety-five percent of people didn''t understand one thing.
That was... the cognitive gap caused by age also affected legal judgments.
For example, if, in a situation without a threat to her life, Yang Jiale had accidentally beaten Liu Jingqi to death, then even if malice and hatred were maxed out...
The judge would still consider whether another child of the same age, in a moment of being bullied, frightened, and nervous, would have also reacted the same way.
If so, then it would not constitute intentional homicide.
Whereas if it were an adult, there would basically be no escaping an intentional homicide charge!
Xu De continued, "According to the ''Guiding Opinions on Legally Applying the System of Legitimate Defense,'' Article 11, ''Judging the Limits of Defense,'' the original text clearly stipulates:"
"''Based on the specific situation at the time of defense, consider the cognition and ability of minors, the elderly, and the disabled... You cannot use the standard of a normal adult to make excessive demands!''"
"Defense, regarding what you stated above."
"The deceased, Yang Jiale, committed subjective intentional homicide, severely exceeding the infringement of the defendant, and threatening the lives of Liu Jingqi and the other two."
"However..."
"According to the guiding opinions, what Yang Jiale did was clearly a defensive reaction expected of her age group, not intentional infringement."
"Yet the defendant truly caused her death!"
As his words fell, the prosecutors paused slightly.
Refuting from this angle was very common, but there was a natural reason they hadn''t used it.
Zhang Wei had also anticipated this.
On the defense side, a few lawyers whispered to each other and, after a brief discussion, spoke, "Representative, according to Article 20, Paragraph 3 of the Criminal Law and Article 7 of the ''Guiding Opinions''..."
"The age perspective will not downgrade objectively existing life-threatening danger!"
If you were the one whose personal safety was being infringed upon, regardless of the other party''s age, it would not affect their threat level to you.
It was only after the other party caused consequences that the judge would consider the circumstances when trying them.
But...
"Note that the focus of my argument is that the deceased''s actions were defensive!"
Xu De re-emphasized the main point.
"At the time of the incident, all of the deceased''s means of infringement were legal and normal behaviors used for self-protection by a 17-year-old, with no pursuit or crossing the line."
"During this period, as long as the defendants stopped their acts of infringement, it would absolutely not have led to her death!"
"However, the defendants clearly continued to escalate the conflict and intensify the clash. This clearly exceeded the scope of defense and is obviously..."
Xu De suddenly spoke, triggering a trap within his words.
"Intentional homicide!!!"
Using the age group to classify the personal threat as a defensive action.
And as long as it was a defense, it indirectly proved that if the defendant Liu Jingqi had stopped, there would have been no subsequent harm.
From this angle... Liu Jingqi''s so-called self-protection was purely an escalation of the conflict, carrying ''active'' intentional homicide!
Prosecutor''s side.
Huang Shi''s eyes suddenly lit up, looking at him with some surprise.
This kind of thinking... Could a young lawyer really prove this!?
And at this moment, Xu De''s counterattack was not over.
"Furthermore... the so-called notebook evidence is completely fabricated from nothing!"
"This was merely internal venting resulting from countless instances of bullying. Emotional venting has nothing to do with subjective consciousness at the time of the incident!"
Xu De spoke seriously, and with just a few words, he actually began to dismiss the evidence.
"Unless your side can prove that these emotions were ''actively generated'' by Yang Jiale!"
In other words, it was personal venting with a cause versus true subjective hatred and malice.
It would have to be a situation where Liu Jingqi had no conflict with her whatsoever, yet she still hated the other party, leading to subsequent actions. Only then could the label of an "intentional" motive be pinned on her.
But in this case, Yang Jiale had clearly suffered active bullying from the other party more than once...
Just then...
Suddenly.
A voice came from the defense bench.
"We can prove that Yang Jiale''s subjective malice was not generated by the defendant''s actions."
They saw Zhang Wei stand up and speak slowly.
Everyone paused.
Presiding Judge Zhang Bingxin frowned, staring at him for a long time before finally saying, "How will you prove it?"
"We have a witness, Witness Lü Guangjun, who can testify to the aforementioned statements," Zhang Wei said.
They had long since coordinated the relevant information and testimony.
Right now... it was the perfect opportunity for Lü Guangjun to take the stand!
Except...
What he didn''t see was that the moment the word "witness" fell.
At the representative''s seat, Xu De suddenly revealed a meaningful smile.
Zhang Bingxin spoke, "Where is the witness!?"
"He has arrived at the Intermediate Court and is currently in the witness waiting room!" Zhang Wei stated.
Hearing this, Zhang Bingxin did not hesitate and directly banged his gavel.
"Bang!"
"Summon the witness to the court!"