Lawyer: I Offer Legal Revenge Advice
Chapter 98 - 76: Cross-Examination Can Make a Hostage Faint!?
Xu De demanded harshly.
He stood, taking over for Huang Shi to trade legal blows with the opposition.
"Regarding the nature of an ’intentional crime,’ Article 14 of the Criminal Law, ’Definition of an Intentional Crime,’ describes it with perfect clarity!"
How is an intentional crime defined? Is the definition subjective?
No.
Intentional homicide... has two types of definitions!
First, there is direct intent. This is when you want the other person to die and take action to make it happen. That constitutes the crime of intentional homicide.
This is the definition most people understand.
The second type, however, while common, is not as widely or accurately understood. When a verdict of intentional homicide is based on this definition... it often leaves the public feeling shocked and bewildered.
Even if you subjectively do not wish for someone to die, the court can still convict you of intentional homicide!
This is...
"Indirect intent!"
Meaning: when you are aware that your harmful actions could lead to someone’s death, yet you proceed anyway, and a death does occur, that constitutes indirect intent. It is treated as intentional homicide!
For example.
Let’s say you hit someone with your car. You get out and find them unconscious, but still breathing. You’re terrified, but there are no witnesses or security cameras in sight.
So you decide to hide them. You know that this action will cause the person to die, but you do it anyway, leading to their death from a lack of timely medical attention.
You didn’t perform an act of murder, and you didn’t want them to die.
But in the eyes of the law, this behavior is defined as...
Intentional homicide. And the sentencing is no different from that for direct intentional homicide!!!
"According to the testimony describing the course of events during the incident."
"The defendant, Liu Jingqi, was clearly aware that her actions would lead to the death of the victim, Yang Jiale, but she carried them out anyway."
"Ultimately causing Yang Jiale to fall to his death."
"Her actions fall perfectly under the definition of ’indirect intentional crime’ as interpreted by Article 14 of the Criminal Law!"
Xu De’s words were concise, cutting straight to the core of the matter.
"In conclusion."
"The defendant, Liu Jingqi, has clearly violated Article 232 of the Criminal Law, ’Intentional Homicide!’"
Prosecutor Huang Shi nodded.
"I concur!"
A prosecutor’s ’public credibility’ is a powerful thing. Even if he did nothing more than provide moral support, his value to Xu De far exceeded that of any ordinary piece of evidence.
This was the advantage that came with his profession.
Given the same evidence, a judge is more likely to believe the prosecutor than you, and with a greater degree of trust.
This is also why countless lawyers meet their downfall in criminal cases.
But...
"Objection!"
"Your Honor, concerning this case, the defense clearly raised a point at the very start of this trial!"
At the defense table.
Zhang Wei’s mind was racing, his face a little pale. He could feel a distinct ache and dizziness in his head—a clear sign of mental overexertion.
"Namely, the ’applicable age’!"
Zhang Wei continued:
"The ’indirect intentional homicide’ the prosecution mentioned is viewed from an adult’s perspective. From this viewpoint, a person is physically mature, their values are established, and they have a strong awareness of safety."
"But!"
"The defendant is only sixteen years old!"
Zhang Wei slammed his hand on the table and pointed to Liu Jingqi, whose breath was coming in ragged gasps. He raised his voice.
"Therefore, when determining whether this constitutes indirect intent, the judgment must be made from the perspective of her sixteen-year-old peers!"
"And it’s obvious that, from an adolescent’s perspective, at the time of the act, she had no real concept of the danger to the victim and did not know her actions would lead to Yang Jiale’s death..."
"Therefore."
"The defendant, Liu Jingqi, is not guilty of intentional homicide. This is a clear case of death by negligence!"
Early in the trial.
He and the prosecution had already engaged in a long back-and-forth battle over the issue of the applicable age range, specifically concerning Yang Jiale’s act of fighting back.
And this legal precedent didn’t just apply to self-defense.
Or rather...
Anytime ’intent’ or ’subjectivity’ was a factor, the applicable age range had to be used as the foundational perspective!
And from the perspective of a sixteen-year-old adolescent, who was to say...
Perhaps the thought of what would happen if Yang Jiale fell truly never even crossed Liu Jingqi’s mind at that moment!
But that raised a problem...
"Objection, the prosecution objects!"
Xu De took a deep breath, anger simmering in his chest.
’The opposition... they’re clearly determined to defend Liu Jingqi by any means necessary, completely ignoring common sense!’
"The rooftop where the crime occurred is on the sixth floor, a good dozens of meters from the ground!"
"Even a ten-year-old child knows that falling from dozens of meters can be fatal!"
"The defendant, Liu Jingqi, is sixteen, with intelligence at a normal level..."
"Based on real-world experience, she obviously knew her actions would cause irreversible harm to the victim, Yang Jiale!"
The ’applicable age’ argument could indeed be used to refute claims related to criminal intent.
But it couldn’t stand up against the fact that what Liu Jingqi did fell into the realm of ’common sense’!
Forget sixteen, or even fifteen.
If you find a thirteen-year-old and ask them if a person will die after jumping from a height of dozens of meters, they will tell you ’yes’ without a doubt!
Let alone a sixteen-year-old... a sixteen-year-old girl in her senior year of high school!
Liu Jingqi knew, with one hundred percent certainty, that forcing Yang Jiale to stand on the edge of the rooftop and then feinting at him was highly likely to cause his death.
Yet she chose to do it anyway.
According to the law, if that isn’t intentional homicide, what is!?
"Counsel for the defense, you are presenting a classic case of ignoring reality!"
Each of Xu De’s questions was like a sharp blade, stabbing at the defense team from the most wicked angles!
When he finished speaking.
The entire Second Tribunal fell into a deep silence.
Only the faint sound of anxious breathing could be heard. Aside from that, there was no other stir.
On the bench, the three judges were breathing heavily, racking their brains as they deliberated.
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