Chapter 95: Chapter 76: You Fight Yours, I Fight Mine (Seeking First Subscription)_4
"Evidence one, the surveillance video near the bathroom at the time of the incident..."
However, to his surprise, Tang Fangjing from the other side directly said, "We have no objections to the legality, relevance, and objectivity of this evidence."
There were no objections from the other side?
Then came evidence two, and Tang Fangjing still had no objections.
After this happened several times, not only was Deng Hui taken aback, but even the Judgment Chief and the Judge above him were somewhat astonished.
But their astonishment was just that—astonishment. After all, there had been no shortage of oddities in criminal courts, with lawyers having been so confused by the questions from the prosecutors that they ended up stating, "I agree with the prosecutor's opinion."
Apparently, the defendant's face had turned as black as the bottom of a pot, looking like he wanted to throttle that lawyer...
A bunch of evidence proving intentional injury was presented, and Tang Fangjing's side had no objections whatsoever.
Guan Qiaolian and the others looked at each other. Although they didn't understand, they felt like they had the upper hand!
When it was Tang Fangjing's turn to present evidence, his first piece was also a video obtained during the police investigation...
Apart from the part where Liu Yan started to fight, it was almost identical to what the prosecutor had presented.
What Tang Fangjing first aimed to prove was that Liu Yan's stabbing of Zhao Lingling and the other two people met the conditions of legitimate self-defense!
Sure enough, the prosecutor was taken aback. He had indeed prepared rebuttal arguments for the possibility of excessive self-defense, but legitimate self-defense...
After all, as a professional, Deng Hui quickly cross-examined: "We object to the probative force and relevance of the evidence; the beating did not involve a knife, and the defendant's retaliatory use of the knife clearly exceeded the limits."
Tang Fangjing did not care what the other side had said, and proceeded with his proof. His second point aimed to show that Liu Yan's several stabs at Li Zixin also constituted justifiable self-defense.
Although it was a single case of injury, it contained two phases, each requiring separate proof.
Deng Hui rebutted again: "After Liu Yan's first stab, Li Zixin was clearly retreating; at this point, the aggression could be considered to have stopped, but Liu Yan followed by stabbing two more times, which clearly do not qualify as justifiable self-defense."
This was why Tang Fangjing thought the other side was too rigid. Before a certain landmark self-defense case, the judicial system indeed held this view.
But subsequently, not only had that classic case occurred, but the Supreme People's Court and the Ministry of Public Security jointly issued a legal interpretation, so this mindset had to change.
However, this didn't rule out the possibility that the prosecution didn't want to take the blame...
Finally, it was time for the courtroom debate. Under the watchful eyes of everyone, Tang Fangjing stretched out his hand and rubbed his mouth...
The Judgment Chief couldn't help but want to remind him to abide by courtroom discipline, but as he was about to speak, he held back, as though there were no specific courtroom rules against rubbing one's mouth...
Old Tang didn't care about that; after rubbing his mouth, as if he had just warmed up, he said, "Judgment Chief, may I ask the prosecutor a few questions?"
The Judgment Chief nodded: "You may."
Tang Fangjing looked at Deng Hui and began, "I'd like to ask the prosecutor, do you think the act of aggression is just at the time of the attack, or is it an entire ongoing action?"
Deng Hui sensed trouble upon hearing this question; that young man on the opposing side was playing dirty, laying a trap for him!
But how else could he respond? He could only say, "Of course it's an entire ongoing action."
This was the mainstream view of justifiable self-defense.
"Well then, my second question is, when someone is surrounded and attacked by many people and the situation is urgent, are they only allowed to counterattack according to the manner of the attackers, or can they pick up whatever object to defend themselves?"
Not done yet, huh? Old Deng looked up at the Judgment Chief above him; however, the Judgment Chief seemed all too composed, as if he were intently studying the case file, as though it were adorned with flowers.
The prosecution's strength naturally hinges on the Judge's support, but if the Judge sits there enjoying the spectacle, the prosecution's power is hardly going to rise.
Deng Hui clenched his teeth and replied: "Of course, they can pick up whatever object to defend themselves."
Tang Fangjing smiled and then looked at the Judgment Chief: "I have finished my questions."
At this moment, the Judgment Chief's ears pricked up again, and he immediately confirmed: "The prosecutor will now state his opinion."
Deng Hui bowed his head and began to read from his dry document. It was a good thing that this trial wasn't open to the public; otherwise, he felt he would have embarrassed himself.
Because the opinions he recited were completely contradictory to his own answers just moments ago...
Especially that lawyer opposite him, who looked at him as if he had just discovered a gold mine.
Once Deng Hui finished reading his script, Tang Fangjing had already begun.
"Through evidence one and evidence six, we can understand that the defendant was continuously bullied by these classmates at school, and at that time she had been beaten for a full five minutes, even sustaining head injuries. It can be said that the situation was extremely urgent!"
"Therefore, in such a situation, when the defendant picked up the spring knife dropped by Li Zixin, it was for the purpose of escaping, and her attacks had no clear target but were directed toward anyone blocking her way, which obviously constitutes legitimate self-defense."
"Moreover, among the three stabs when Li Zixin caught up and turned around to attack, although Li Zixin was backtracking, considering the overall circumstances, his aggressive behavior had not clearly stopped, so it can be considered that the hostile act was still ongoing..."
Old Tang didn't speak for long; after clearly expressing his point, he didn't add anything more, but even so, Deng Hui was left speechless.
He had truly been schooled by the young lawyer.
The Judgment Chief glanced at the prosecutor, and, involuntarily, a smile appeared at the corner of his eyes; in fact, the Supreme Court had already stated that police and procuratorates should not always push the responsibility of determining legitimate self-defense to the litigation stage.
After all, cases tied to legitimate self-defense usually involve severe injuries, and acting in self-defense means potential troubles; even though public security, procuratorates, and the judiciary are part of the same system, even close brothers have their quarrels.
The final statements commenced, with Liu Yan delivering an impassioned presentation. Tang Fangjing stayed silent, as he was virtually certain that he had won.
The collegiate panel adjourned to deliberate, and Tang Fangjing finally had the time to drink some water and took a document from his briefcase, turning to Old Liu and saying, "If you still feel unsatisfied, you could also sign this contract."
He had prepared it before he left that morning; the firm had already affixed its seal.
Liu Yan, taking a look at the document which was a retainer agreement, expressed his confusion, "Why sign this now? Isn't the case almost over?"
"Yeah, I haven't said it's for this case, it's for the next one."
The next one? Liu Yan carefully flipped through it and suddenly froze.
"A criminal private prosecution? You're initiating a criminal private prosecution with an accompanying civil compensation lawsuit against the six that bullied my daughter?"
"Exactly, this here is the private prosecution statement, and these are the needed evidences. I've got everything prepared."
Liu Yan stared at Tang Fangjing for a full five seconds before starting to sign the retainer agreement.
His young brother was crazier than he had imagined, but he loved it!
However, just as Liu Yan was thinking about this, he saw Old Tang magically produce another retainer agreement.
"If you're still not satisfied, sign this too."
What now? Liu Yan was dumbfounded, thinking, what kind of bag do you have there!
Taking the agreement and looking at it, it was a lawsuit against the school?
After a long wait, there was news from the collegiate panel, and the Judgment Chief returned with the Judge to resume the session.
After a lengthy legal rationale, everyone stood up for the verdict.
Liu Yan's actions constituted legitimate self-defense, the verdict was not guilty!
Guan Qiaolian and others' requests for civil compensation were dismissed.
Upon the judgement's announcement, Guan Qiaolian's face turned blank, "I must be hearing things, that bitch, she... she's not guilty?"
"Why, we protest, why is she not guilty? Both our kids were stabbed and needed emergency treatment, how can she be not guilty?" Guan Qiaolian started to shout loudly.
While shouting, she started to approach the Judgment Chief.
This is precisely why courts seldom issue not guilty verdicts; as soon as one side makes a scene, it can lead to trouble.
But this case was an extremely typical example of legitimate defense, very similar in essence to the landmark Chen Long case, where defense overstepping was debated. Surely if the defendant in this case wasn't satisfied, the fact that it also involved a school bullying issue would complicate things.
If this was posted online, the court would also be in hot water...
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