Chapter 75: A Clash of Legal Might in the Courtroom |
"Presiding Judge, the public prosecution''s representative has already violated the law! We request that he be expelled from this courtroom!"
"Furthermore, according to Article 68 of the Supreme Court''s Evidence Regulations, the representative has clearly infringed upon the legitimate rights and interests of others and violated mandatory legal prohibitions!"
"This severely compromises public order and good customs. Any materials obtained through such means cannot be used as a basis for deciding a case!"
At the defense bench.
Zhang Wei''s mind raced. Adrenaline surged through his veins. Reacting as if someone had stomped on his foot, he shouted anxiously.
He had become a golden lawyer five years ago following a major victory in a criminal case.
During that trial, he had pushed his abilities to their absolute limit. His mind had felt incredibly sharp, with countless strategies flooding his brain for him to choose from.
Zhang Wei had always believed that would be the absolute peak of his career.
But compared to his current state... that past experience paled in comparison!
His brain felt perfectly lubricated, and his adrenaline was through the roof. His entire being had adjusted to its absolute peak condition, driven by a desperate urgency pushing him forward from deep within.
Zhang Wei roared, "The representative has violated the witness''s right to privacy, which already meets the threshold for filing a criminal case! We request that the opposing counsel recuse himself!"
"Furthermore, the opposing party clearly used multiple leading questions in his statements. Witness Lü Guangjun''s subsequent words were obviously spoken under that influence. The entire recording is nothing but false testimony!"
"We reserve the right to pursue criminal charges against him!"
He was truly panicking.
He had no choice. If he didn''t intervene now, things would fall apart completely.
Given the things Lü Guangjun had blurted out... it might very well bring the entire criminal case to an abrupt end!
Up on the judges'' bench.
"An evidentiary ambush... cross-examination right in the middle of court..."
The faces of the three judges looked rather grim.
To whip out this kind of evidence only now... Yet, they didn''t dare slight it. They had to treat it with the utmost caution!
After a long silence.
Presiding Judge Zhang Bingxin took a deep breath. With a dark expression, he turned to look at Xu De.
"Representative, do you have any objections to raise against the opposing party''s accusations?!"
As these words fell.
It clearly signaled for both sides to begin the cross-examination phase.
Once the evidence was confirmed to be admissible... the defense wouldn''t even need to argue for a lighter sentence. They could just pack up and leave right then and there.
Therefore, under normal circumstances, a fierce debate should have ensued immediately. And yet, oddly enough...
At the representative''s bench.
Xu De remained completely silent, acting as if his ears were plugged and he hadn''t heard a single word.
At the prosecution''s bench.
Huang Shi''s face flushed red. His gaze darted back and forth between the judges and the defense, his fists clenched tightly.
Presiding Judge Zhang Bingxin spoke once more.
"Representative, does your side wish to cross-examine?"
Xu De still didn''t say a word.
Lin Yue and Wang Chao showed no signs of speaking either. The scene looked remarkably like a side that had lost the cross-examination and was left entirely speechless.
Huang Shi grew increasingly anxious, opening his mouth several times only to hesitate.
Up on the judges'' bench.
The three judges frowned in unison. Finally, Judge Lu Guowei barked sternly, "Representative!"
"Your side''s submission of evidence constitutes a courtroom ambush. If you still refuse to speak..."
"This court will refuse to admit the recording!"
Refuse to admit it...
As those words fell.
Xu De remained completely silent, offering absolutely no explanation regarding the origin of the evidence.
Seeing this.
Although Zhang Wei didn''t know what trick the man was playing, he couldn''t help but press on anxiously. "Presiding Judge, the evidence submitted by the opposing counsel has severely intruded upon the private space of the witness, Lü Guangjun!"
"The representative''s actions clearly constitute the ''crime of illegal use of eavesdropping equipment'' under Article 284 of the Criminal Law!"
"It also violates Article 42, Item 6 of the Security Administration Punishment Law, constituting peeping, secret filming, eavesdropping, and disseminating the privacy of others!"
"Furthermore, he concealed the equipment to film secretly, exceeded the mutual consent of the conversation, and violated Lü Guangjun''s reasonable expectation of privacy during a solitary, private phone call!"
At this moment.
Zhang Wei felt legal statutes that had once seemed obscure and difficult suddenly flash through his mind like a stroke of enlightenment.
Without even needing to pause for thought, countless valid legal clauses rolled off his tongue the moment he opened his mouth.
Up on the bench.
The three judges hadn''t even had the time to express their stance.
In the next second...
Before the representative''s bench could even say a word, a furious roar suddenly erupted from the prosecution''s bench.
"Objection! Objection!!!"
"Presiding Judge, the evidence submitted by the representative is completely legal and compliant, without any suspicion of illegal violations! The defense''s words are pure slander. We request that this recording be admitted as a basis for deciding the case!!!"
At the prosecution''s bench.
Huang Shi could no longer hold himself back. He shouted his protest to the judges to express his indignation.
In the past, he would never have believed that evidence produced in a courtroom ambush could be legal. He would sometimes even counter such evidence from representatives and express his disdain for it.
But now, on December 17th at 2:30 PM...
The moment Huang Shi saw that half-hour-long video, he knew this piece of evidence...
Was absolutely legal and compliant!
He would fight anyone who claimed it wasn''t!
"Presiding Judge!"
Huang Shi slammed his hand on the table, his tone filled with intense anxiety.
"The content of this recording is objective and true, without any tampering or editing. Its authenticity is confirmed, and there is no need for further cross-examination!"
At the defense bench.
Almost the exact instant the other party''s voice fell.
"Presiding Judge!"
"According to Articles 130 and 131 of the Civil Code, civil subjects exercising rights and performing obligations must follow the principles of voluntariness, fairness, equivalence, honesty, and credit!"
Zhang Wei and Sun Bing spoke up immediately, their furious rebuttals sharp.
"This video was filmed secretly without truthfully disclosing the method of obtaining evidence, which clearly violates the core foundation of ''honesty and credit''!"
"Furthermore, according to the principles governing the continuation of recordings, the representative had already left the scene during the recording. At that point, this recording legally terminated!"
"All content recorded afterward constitutes illegal surreptitious recording!"
The moment they spoke.
Countless legal arguments bombarded the prosecution like a volley of artillery fire.
The three judges on the bench hadn''t even untangled the logic.
In the next second.
The three prosecutors at the prosecution''s bench responded in unison.
"Objection!"
"At the start of the recording, the representative clearly pointed out the direction and specific location of the camera!"
"At the same time, all questions asked were related to this case, and there was nothing improper about them."
"In summary, the representative''s actions completely comply with Articles 130 and 131 of the Civil Code!"
"This video was filmed precisely on the legal foundations of voluntariness, fairness, equivalence, honesty, and credit!"
The brains of Huang Shi, Wang Mang, and Zhang Qing had turned into complex computers at this moment.
Logical counterarguments and rhetoric that would usually require extensive discussion to formulate.
Now, under Xu De''s subtle pressure...
Flowed with effortless eloquence!
At the defense bench.
Several lawyers felt their foreheads burning, clearly suffering from mental overload. Yet, they continued to squeeze every ounce of processing power from their brains, forcing them to keep running.
"Objection!"
Zhang Wei cross-examined with anxious intensity. "Presiding Judge, midway through the recording, the representative explicitly left the room, leaving only the witness alone while the recording continued... Any footage recorded after that exceeded the reasonable scope of the ''mutual interview''!"
"According to the fairness principle of Article 6 and the elements of true intent under Article 143 of the Civil Code..."
"Our side agreed to the recording based on the reciprocal premise that ''both parties are present and mutually bound.'' The opposing party''s unilateral departure caused the mutual agreement to morph into a situation where ''our side was confined while the other side was free from surveillance,'' completely unbalancing the rights and obligations."
"Article 68 of the Evidence Regulations states that because this portion of the evidence infringes upon legitimate rights, it should be excluded or downgraded in credibility according to the law!"
Xu De had left midway through.
Yet the recording had kept running. According to legal regulations, every frame from the moment of his departure to the end should be downgraded.
As for the evidence before he left... if the judge accepted it, it would actually be more beneficial to the defense!
Though time was short.
Everyone understood this principle, and the prosecution naturally wouldn''t let their beautiful dream come true.
"Objection!"
At the prosecution''s bench.
Prosecutor Zhang Qing gritted his teeth, unleashing everything he had ever learned as he selected useful statutes from the vast sea of legal knowledge in his mind.
"The party, Xu De, had explicitly stated before gathering evidence that ''in any form, by any method, within one hour, if I don''t call it over, it doesn''t count as over''!"
"According to Article 135 of the Civil Code, the original text explicitly states that oral forms can be adopted and are legally valid!"
"In summary, the evidence submitted by the representative is completely compliant!"
Although this was the Civil Code regulating evidence collection for civil law.
It didn''t mean it couldn''t be applied to a criminal case.
This was because basic guidelines regarding the legal characterization of evidence were largely uniform across criminal, civil, and administrative law, making it perfectly usable as supplementary reasoning!
But then again...
"Objection!"
"The representative, Xu De, collected evidence through inducement, deception, and other such forms during filming."
"Furthermore, even though the witness Lü Guangjun was in a public space, he was the only person present, giving him a very high expectation of privacy."
"Yet the representative secretly recorded without consent and intruded upon his privacy, which clearly constitutes a severe infringement of rights!"
"The ''oral consent'' in the original text of Article 135 of the Civil Code cannot be interpreted as an ''infinite waiver of all privacy''!"
"In conclusion..."
At the defense bench.
Zhang Wei was shouting himself hoarse. The senior lawyers in the team beside him were sweating profusely just watching him.
Spouting legal interpretations off the cuff...
No wonder the man was a golden lawyer. With this kind of ability, if he wasn''t a golden lawyer, who was?!
Except...
In past lawsuits, why hadn''t they seen Zhang Wei display such an incredible mastery of legal theory?
A sense of awe arose in everyone''s hearts.
Pushed to his absolute limits, Zhang Wei had no time to think about any of that. Obscure legal clauses popped into his head one after another.
Zhang Wei said, "Failing the mandatory requirements to ''explicitly state the purpose, method, and scope'' in criminal evidence collection constitutes a severe infringement of communication secrets and privacy rights!"
"It completely violates Article 17 of the Personal Information Protection Law and should not be admitted!"
Prosecutor Wang Mang spoke up to shoot him down.
"This occurred in a shared, open office environment. It wasn''t telecommunications wiretapping or secret surveillance. All recordings were explicitly disclosed in advance and conducted under the premise that the party voluntarily accepted it!"
"Furthermore, the terms and contract explicitly stated to the other party in advance that leaving midway was permissible, that the recording would remain valid even in solitude, and that it would continue to be valid unless declared over!"
"There is no imbalance of rights and obligations, nor any scenario of being misled. It does not violate any legal statutes!"
Indeed.
The two sides had signed an agreement.
What Xu De had disclosed was also very clear, though there was a suspected inducing action where ''leaving equaled taking the camera away.''
But then again.
Xu De had left under the pretext of an ''urgent phone call for work.'' Among valid reasons for leaving midway, this belonged to the highest tier!
Therefore... the prosecution was completely correct.
The faces of the defense team looked terrible.
Several senior lawyers and assistants felt utterly powerless, unable to come up with a solution in such a short time despite wracking their brains.
Just then.
"Objection!"
Golden lawyer Sun Bing gritted her teeth and spoke up to refute them.
"The contract signed by both parties falls under a [generalized, bundled, infinite authorization] and failed to provide itemized notices. This already violates the ''full disclosure obligation'' of Article 17 of the Personal Information Protection Law!"
"Even if our side gave oral consent, we had no right to authorize the other party to implement actions that infringe upon communication secrets, privacy rights, and disguised restrictions on personal freedom."
"This clearly violates Article 52 of the Criminal Procedure Law and Article 106 of the Interpretation of the Criminal Procedure Law, making it an instance of illegal evidence collection!"
There was another master among them?!
Everyone''s spirits jolted. Turning to look, they saw Sun Bing unleashing another volley of brilliant arguments.
"According to Article 153 of the Civil Code."
"Civil legal acts that violate the mandatory provisions of laws and administrative regulations are void."
"The opposing party claims that ''agreements override the law,'' but Article 153 explicitly stipulates that the validity of a contract must not exceed legal restrictions. Therefore..."
"The contract signed by both parties is void!"
At the prosecution''s bench.
Huang Shi slammed the table and shouted furiously, "Objection!"
"According to..."
"Objection!!!"
"Both sides..."
"Objection!!!"
"Objection..."
Outside the courtroom.
In the corridor right outside the doors of the Second Courtroom.
To be honest.
The journalists standing near the entrance were all veterans with deep connections to major television stations or newspapers.
Correspondingly, their own legal literacy could rival that of actual lawyers!
Sometimes, when the gallery couldn''t understand what was being said inside the courtroom, these veteran journalists would step in to explain. They were essentially walking encyclopedias, and for decades, no case had ever stumped them.
But right now...
"Wait... what on earth are they saying inside?!"
A few journalists closest to the door wore expressions as if they had seen a ghost, their faces filled with utter disbelief.
They couldn''t understand it...
They couldn''t understand it at all!
Logically speaking.
It would be fine if the voices inside were too quiet or muffled to hear.
But every single word and syllable was perfectly crisp and clear, yet it still left them scratching their heads in frustration.
After a long while.
A journalist clutched his head and muttered in bewilderment, "Wait..."
"Are they casting spells in there?!"
It wasn''t a battle of magical spells from a fantasy novel; it was a battle of legal statutes!
The prosecution and defense were battling it out with the law?!
Wait...
They had never encountered a situation like this before. What did it mean for two sides to bludgeon each other''s brains out with legal codes?
The crowd listened for ages but still couldn''t make heads or tails of it. Flushing with frustration, they spent a long time trying to process it, only to utter a single phrase in the end.
"What the hell actually happened in this case?!"
In the trial area.
Inside the Second Courtroom.
Amid the chaotic and disorderly trial environment.
The corner where the representative''s bench sat seemed remarkably quiet and deserted.
"Brilliant..."
At the representative''s bench, watching the intense back-and-forth between the two sides, Lin Yue couldn''t help but whisper a compliment.
From her professional perspective.
The current states of Zhang Wei and Sun Bing were not a single bit inferior to senior lawyers from the top eight red-circle firms in Yanjing or Haicheng. They had already surpassed the level of so-called golden lawyers!
She hadn''t expected a small place like Greenwood City to harbor two such exceptional lawyers...
Even if they had been forced into it by Xu De.
But that didn''t matter!!!
In short...
"This is too spectacular!"
Beside her, Wang Chao was equally stunned, holding his head in his hands. It was his very first time witnessing such a breathtaking scene.
Xu De clicked his tongue slightly, completely agreeing with them.
Looking at Huang Shi, whose brain was burning so hot it was about to turn to ash.
Xu De felt deeply moved by his own tactic of ''unleashing his teammates'' potential.''
Sure enough, it was better to let the other party argue for him.
After all, the profession of a prosecutor naturally carried a certain level of fairness, public credibility, and legal authority in court. The exact same legal clause carried a completely different weight depending on whether it was spoken and acknowledged by a prosecutor.
Until...
Up on the judges'' bench.
"Bang!"
"Order! Order in the court!"
Presiding Judge Zhang Bingxin had a splitting headache. The veins on his forehead bulged and throbbed violently.
Having absorbed so much information from both sides in such a short time, his brain felt heavy and swollen. Out of sheer necessity, he could only lift his gavel and bring it down.
After a long while.
He finally composed himself. With a dark expression, he took a deep breath, and his gaze instantly locked onto Xu De sitting in the corner.
Zhang Bingxin barked furiously, "Representative!"
As his voice fell.
The trial area fell silent. Everyone uniformly shifted their gazes toward Xu De, who had been ''hiding away''.
Huang Shi''s face turned black.
He had been burning himself down to ashes on the front lines, yet this guy was actually sitting on the side, thoroughly enjoying the drama as a bystander.
The faces of the defense lawyers were as dark as the bottom of a pot as well.
Presiding Judge Zhang Bingxin spoke out in a furious tone once more. "If your side still refuses to voice your own opinion..."
"This court will downgrade your evidence!!!"