Moral Kidnapping? Damn It, I Didn’t Do It At All, Okay?

Chapter 53 The Final Interpretation Of The Law Belongs To Us!

After the trial began, Zhang San took the lead in giving evidence.

The complete chain of evidence forms a closed loop and is impeccable, strongly proving that Wang Shuqi was found guilty of defamation and picking quarrels and provoking trouble.

"The defendant committed multiple crimes with the same act, which is consistent with imagination. It is not appropriate to punish multiple crimes together. He should choose a felony."

"Convicted and punished for the crime of picking quarrels and provoking trouble!"

Zhang San’s loud voice resounded in the courtroom.

Wang Shuqi's face turned pale, and her heart almost jumped out of her throat.

He quickly turned to look at the defender next to him.

This was the only life-saving straw she could grasp.

Bao Longxin's brows were knitted together at this moment, and his expression was solemn.

As expected of the outlaw teacher Zhang San, he is indeed very powerful. He felt tremendous pressure right from the start.

But I, Bao Longxin, am not just for a living.

I have studied law hard for many years, just to achieve the success I have today.

Countless brilliant litigation strategies are running through my mind.

Zhang San, take the move!

Thoughts flashed through.

Bao Longxin's eyes suddenly became firm.

He took a deep breath and said:

"We recognize the authenticity, relevance and legality of the evidence, but we do not recognize its strength of proof!"

Three principles must be followed when reviewing case evidence, namely the three properties of evidence:

authenticity under objective circumstances;

relevance to the case;

Obtain formal legitimacy.

Missing any one of these is likely to be inadmissible in court.

These three principles are also the focus and debate of lawyers on both sides during the cross-examination stage.

Of course, it was impossible for Zhang San to make a stupid mistake in a place like this.

His chain of evidence can be summed up in one word: impeccable!

Therefore, Bao Longxin could only use a single saying to force cross-examination, which is the so-called "strength of proof".

In human terms, there is nothing wrong with your evidence, but it is not enough to prove the defendant guilty.

It sounds like a bit of a hooliganism, but this sentence appears very frequently in courtroom confrontations.

"Our client confessed to the criminal facts of defamation and is willing to admit his mistake, apologize to the victim, and compensate for the losses."

"However, our client is not guilty of picking quarrels and provoking trouble!"

After the symbolic testimony, Bao Longxin then expressed his own point of view.

Wang Shuqi was sued for defamation and provoking troubles. The former was within three years and the latter was within five years.

Imagine the competition and choose a felony.

If found guilty on both counts, he will be punished with a maximum of five years in prison.

But if the crime of picking quarrels and provoking trouble is refuted and only the crime of defamation remains, then Wang Shuqi's maximum sentence will not exceed three years.

One is less than three years, and the other is less than five years.

This gap is not small.

Anyway, there is definitely no defense for the crime of defamation. It is better to plead guilty and accept punishment, leave a good impression on the collegial bench, and then refute the crime of picking quarrels and provoking trouble.

Use retreat to advance, avoid the important and take the easy!

This is Bao Longxin’s litigation strategy.

"According to the provisions of Article 293 of the Criminal Law, the crime of picking quarrels and provoking troubles consists of four acts:"

"Assault others at will;"

“Chasing, intercepting, insulting, and intimidating others;”

“Forcibly taking or arbitrarily damaging or occupying public or private property;”

"Making trouble in public places and causing serious disorder in public places;"

“And it all needs to reach the level of ‘egregious circumstances’.”

Bao Longxin stood there and said slightly nervously:

"As for us, our client only posted on an online social platform. Although his behavior constitutes defamation, it does not meet the above four conditions."

“Therefore, I implore the collegial panel to rule that our client is not guilty of picking quarrels and provoking trouble!”

Hearing this, Lin Bei couldn't help but secretly shook his head.

You're not good at academics, buddy.

Isn’t this purely a food delivery?

really.

As soon as Bao Longxin finished speaking, Zhang San stood up.

“The opposing counsel has something, but not much.”

"You just listed the provisions of the Criminal Law on the crime of picking quarrels and provoking troubles. You are right. But if I take out the "Interpretation of Several Issues Concerning the Application of Laws in the Handling of Criminal Cases such as Internet Defamation" issued by the two top leaders, what do you think? response?"

Zhang San smiled and said lightly:

“Article 5 of the Interpretation clearly stipulates: Anyone who fabricates false information, creates troubles, and causes serious disorder in public order meets the fourth circumstance of the crime of picking quarrels and provoking troubles you just mentioned, and shall be convicted and punished for the crime of picking quarrels and provoking troubles.”

Bao Longxin: Huh? (〃･ิ‿･ิ)ゞ

hiss!

Come to think of it, it seems that I got this in the judicial examination back then.

But it seems...should...maybe...probably...isn't that the interpretation?

"Well... although this judicial interpretation does contain these contents, I think public order refers to order in public places. Our client's posts on online social platforms do not count..."

As a result, before he finished speaking, he was interrupted by Zhang San.

"Stop talking, that's not how you understand this law."

Bao Longxin was unhappy at the time.

Somewhat unconvinced.

I admit that you are very critical, but court debates are not based on seniority, and I clearly remember that this is not the case.

Thinking of this, Bao Longxin frowned and said: "Teacher Zhang San, although you are very powerful, you can't be so arbitrary. I don't think I understood it wrong."

"You just got it wrong!"

Zhang San stretched out his middle finger and pushed up the frame of his glasses, with an expression of "king's contempt" on his face.

"I participated in the drafting and compilation of this law. I don't know yet?"

"Come on, let me explain to you what it means!"

"Public order does not only refer to order in public places in a narrow sense, but also includes order on the Internet..."

Zhang San explained.

At this time, Lin Bei's chin had dropped to the ground and he couldn't pick it up.

Mist grass!

Our lawyer actually has the final right to interpret the law! ?

Good guy, if a person studying law meets a person writing law, who are you going to reason with?

Having said that, this guy Bao Longxin is also quite miserable.

I asked you to play the game, but you actually challenged the GM...