Chapter 154 - 101: A Tricky Angle

"The prosecution stated that in January 1990, the defendant, Liu Jingqi, lured Tao Ming’s son, Tao Jiang, deep into the mountains."

"This led to Tao Jiang’s disappearance, and subsequently, Tao Ming fell ill and died."

Zhang Wei’s voice was heavy. He was frantically racking his brain.

He said:

"But..."

"Your Honor, there is no causal link whatsoever between Tao Ming’s death from illness and the defendant!"

"No medical examiner determined the cause of his illness flaring up. This is not like the case of Zhao Li, where there was a direct causal link to a sudden death from a ’cardiogenic thrombus’!"

"It’s completely unrelated! Tao Ming’s death was caused by his own underlying health factors!"

There’s a world of difference between someone falling ill and their illness flaring up.

But in reality, the legal meaning and the responsibilities involved are worlds apart!

For example.

If your friend has a heart condition and you deliberately take them to a haunted house, causing their condition to flare up, then you are at fault.

However, if your friend doesn’t have a heart condition, but develops one after spending time with you and eventually dies when it flares up, that has nothing to do with you.

Because unless it’s a contagious disease, you can’t blame someone for you falling ill. No one has control over whether you get sick or not.

"Objection!"

From the prosecutor’s table, Huang Shi suddenly interjected, speaking rapidly:

"Your Honor, the court cannot just look at the surface-level documents. It must view the situation from the perspective of the time!"

"Thirteen years ago, in 1990, forget about a backwater place like Lianshan County. Even in Lusen City, medical facilities were severely limited. Barefoot doctors were everywhere!"

"We cannot jump to conclusions about what illness caused the deceased, Tao Ming, to die!"

Medical conditions in the 90s were very poor.

At that time, there were still millions of barefoot doctors across the country. Although they could treat illnesses, they weren’t real doctors, and their methods were crude.

Tao Ming was diagnosed by one such barefoot doctor. When he died, the police conducted a cursory examination before he was buried.

As for a medical examiner?

Such professionals were rarer than giant pandas. In 2003, some entire cities didn’t necessarily have even one. Where was Lianshan County supposed to find a medical examiner to perform an autopsy!?

So, all things considered... it was just as Huang Shi said. The words in the report couldn’t be fully trusted. It could have been that he simply fell ill, or it could have been that Liu Jingqi triggered a fatal acute condition.

However...

"Prosecutor, just as you said."

Zhang Wei suddenly cut in, turning his opponent’s logic against him.

"Poor medical standards mean we cannot jump to conclusions!"

"By that same token, we cannot conclude that Liu Jingqi caused Tao Ming’s death! Based on the principle of the presumption of innocence, the matter concerning Tao Ming should be ruled as him merely ’falling ill’!"

In the present day of 2003, the de facto practice was often ’guilty until proven innocent’.

But on the surface, at least, they had to adhere to the principle of ’innocent until proven guilty’.

Most importantly, for something so far in the past, so hopelessly vague, and impossible to verify, the courts in 2003 would indeed lean toward the presumption of innocence.

However...

"Liu Jingqi luring Tao Jiang into the deep mountains is an irrefutable fact!"

Suddenly, a voice came from the victim’s representative’s table.

Everyone looked up to see Xu De speaking, attacking from a different angle.

Zhang Wei froze, then cursed inwardly.

’I hadn’t even brought up Tao Jiang yet, and he beat me to the punch. Now I’m on the defensive, forced to rebut instead of holding my ground.’

Especially since the Tao Jiang incident could have an enormous impact on the sentencing!

Zhang Wei suppressed the anger rising in his chest and said in a low voice,

"Your Honor, regarding the matter of Tao Jiang, what my side wishes to state is that Tao Jiang..."

He paused.

Then, he spoke two terrifying words.

"Is not dead!"

Not dead!?

As the two words fell, everyone in the courtroom frowned, their gazes fixed on him.

Fortunately, Zhang Wei didn’t give Xu De and the others time to rebut, continuing immediately:

"From 1990 until today, January 4, 2003."

"In thirteen full years, the police have never announced Tao Jiang’s death. The local authorities never found his remains. We cannot determine if he is truly dead!"

In short, the case of Tao Jiang, like that of Tao Ming, was in a state of ’uncertainty’.

Tao Ming’s cause of death was uncertain, and whether Tao Jiang was even dead was uncertain.

The boy might have been adopted by someone, or he might have died, but until a body is found, the official file describes Tao Jiang as ’missing’.

Missing is not the same as dead, and the court cannot add to the sentence on this basis.

Most importantly...

"Your Honor!"

Zhang Wei suddenly spoke in a grave tone. "Thirteen years ago, when the defendant, Liu Jingqi, committed these acts, her age was..."

"Six years old."

"According to Article 17 of the Criminal Law, the original text clearly states: A person under the age of 12 bears no criminal responsibility whatsoever!"

"Furthermore!"

"According to the High Court’s ’Provisions on the Trial of Criminal Cases Involving Minors...’, the original text explicitly states: The age of criminal responsibility is determined by the perpetrator’s age at the time the crime was committed, not their age at the time of trial!"

For instance, if you commit murder at seventeen and are arrested at eighteen, the court will still try you as a minor.

"The incident occurred thirteen years ago, when the defendant, Liu Jingqi, was only six years old. According to the law..."

"Even if a crime was factually committed against Tao Ming and Tao Jiang, she is not required to bear any criminal responsibility for it!"

Zhang Wei turned to look at the chief judge.

"In this case,"

"the trial and sentencing of the defendant, Liu Jingqi, should be limited only to her criminal liability regarding Yang Jiale and Zhao Li!!!"

As he finished speaking, his heart leaped into his throat.

These three angles were the best he could come up with after days of racking his brain.

The first point, about accidental death, had already been dismissed.

The latter two...

Zhang Wei felt they were extremely potent!

Unfortunately...

As if in a dream, from the representative’s table, a voice suddenly rang out again!

"That’s right, Your Honor. Based on what the defense has just said, it is clear that the defendant, Liu Jingqi, should be judged harshly and sentenced severely!"

Xu De spoke again, laying out his own perspective and logic.

But...

’Harshly and severely?’

Zhang Wei froze, clearly unable to process it.

’How could acts committed at age six, which carry no criminal responsibility, possibly lead to a harsher and more severe sentence thirteen years later!?’

He didn’t understand.

But in the next second, everyone else in the room instantly understood.

They watched as a triumphant smile spread across Xu De’s face. He laughed freely, turned to the three judges on the bench, and said bluntly:

"Chief Judge, Your Honors."

"According to Article 61 of the Criminal Law, the ’General Principles and Basis for Sentencing’:

"The principles of sentencing clearly state that a sentence should be based on the facts of the crime, the nature of the crime, the circumstances, and the degree of harm to society!"

"Within that, the so-called ’circumstances’ include: the offender’s usual conduct, their consistent behavior, their attitude of remorse, and so on!"

"The so-called ’harm to society’ includes: the possibility of reoffending, and the potential danger to society upon release!"

A judge’s sentencing is not arbitrary.

Just as in a case concerning the ’division of property in a divorce’, a judge doesn’t just look at the consequences to make a ruling.

The verdict is also influenced by other factors!

Namely: conduct, remorse, and the likelihood of reoffending.

If someone has poor character, an extremely unrepentant attitude, and a high probability of reoffending, then from a legal standpoint...

"The defendant, Liu Jingqi, lured a three-year-old boy into the deep mountains thirteen years ago when she was only six. This shows her morals were already depraved, revealing her base character!"

Xu De didn’t hesitate, delivering the killing blow.

"The fact that she reoffended thirteen years later is more than enough proof that the defendant, Liu Jingqi, feels no remorse whatsoever!"

"Her risk of reoffending is extraordinarily high!"

"According to the law, her case should be handled harshly and she should be sentenced severely!!!"

The moment he finished speaking, at the defense table, Zhang Wei’s blood pressure shot up. His eyes turned crimson and bloodshot, a coppery taste filled his throat, and he glared at Xu De with wide, furious eyes.

’It’s gone... It’s all gone!’

’I used the fact that she was only six years old thirteen years ago to argue for a lighter sentence.’

’But he twisted it, using her depraved character at age six, her lack of change at nineteen, and the immense danger she poses to society upon release as a counterattack...’

’It’s over... It’s all over!’

His three lines of defense were now not just useless, but even worse...

’The call for a harsh and severe sentence on the murder charge is far more serious than the penalty for the abduction itself!’

As he thought this, Zhang Wei’s breathing grew more and more rapid, yet his brain felt starved of oxygen, like a fish gasping on dry land, its frantic efforts all in vain.

In a daze, a wave of nausea surged from his stomach to his throat. Zhang Wei’s face turned deathly pale, and his arms began to tremble.

It was a clear psychosomatic reaction, his body breaking down under the pressure from his opponent.

But Xu De paid no mind to his condition.

Instead, he turned to the judge’s bench.

"Your Honor, the facts of the case have been made clear..."

"We await the court’s decision!"