Chapter 890: Chapter 346: Defendants Taking the Stand Themselves
Before Qin Mu arrived.
Li Weiguo tried to use "reason" to persuade them to return the fish.
Of course, they refused.
This attracted many passersby, and several took videos of the incident.
Before the court session.
They specifically found those onlookers and obtained these videos.
Just to prove...
Li Weiguo was there to release the fish, not to change the water at the release site.
As long as they could prove this...
The fish would be considered ownerless, and they wouldn’t have to bear the criminal responsibility for the crime of appropriation.
"Plaintiff, did you say the words in the video?"
Zhou Quanmin finished watching the video and cast a scrutinizing gaze on Li Weiguo.
This piece of evidence...
Could be a turning point and indirectly prove Li Weiguo’s actions were for the purpose of releasing the fish.
The nature of the case...
Would also change.
"I... I... I did say those words."
Li Weiguo, not daring to lie in court, stammered: "But at the time, I only said it to make them return the fish..."
In fact.
Xiao Qin had anticipated their reaction long ago.
Regarding the motive of releasing the fish...
It’s definitely impossible to conceal.
All he needed to do was characterize his actions as changing the water.
As long as he insisted on this point...
He wouldn’t need to worry about the subsequent issues.
"Respected Judgment Chief, members of the jury."
After Li Weiguo answered Zhou Quanmin’s question, Qin Mu immediately stood up: "According to the ’Civil Law’ and ’Property Law,’ there are clear distinctions between lost items and abandoned items."
"A lost item refers to an item temporarily lost without the intention of the person who lost it, and it can only be a movable property; finding it is an act of fact that does not require the finder to have the ability to act."
"An abandoned item refers to an item that has been intentionally abandoned, actively giving up ownership, and it is considered ownerless, which anyone can take by the method of first possession."
"However, the Civil Law specifically stipulates that when it is difficult to determine whether something is ownerless or lost, or buried, in order to protect the rights of the true owner, it should be presumed to be a lost item and buried item, thus protecting others’ legal rights."
Facing the evidence presented by Qi Lianglei and others...
Qin Mu remained unruffled and continued to cite regulations.
He cited the articles from the Civil Code to support his claim: "The core issue is whether the fish is an abandoned item, the decision logic is too vague, and in this situation, it should be treated as a lost item."
As soon as he finished speaking.
The seven people on the defendant’s bench...
Blinked instinctively.
They didn’t quite understand Qin Mu’s statements.
But...
They observed and noticed Miao Hang’s expression become a bit unpleasant.
"Lawyer Miao, is this evidence useless?"
Qi Lianglei swallowed and asked softly.
Miao Hang sighed.
Shook their head.
This piece of evidence...
Could certainly be useful against a regular lawyer, possibly causing some trouble.
But for Qin Mu...
It’s simply useless.
Qin Mu deftly resolved the "release evidence" they presented.
Indeed.
If there is significant controversy between abandoned and lost items, the ’Civil Law’ specifically stipulates that it should lean towards a lost item.
That is...
Term the item as a lost item, not an abandoned item!
"I didn’t expect... Qin Mu is proficient in criminal law, and also this familiar with civil law."
They shook their head helplessly.
During the evidence and cross-examination stage, there is little hope.
The evidence presented by Qi Lianglei and the others...
It’s hard to achieve the desired effect.
"Is the first round... over just like that?"
Qi Lianglei and Zhang Chunhua exchanged glances, both a bit unwilling.
Every stage of the trial is crucial.
Directly influencing the final verdict.
This is just the first round...
They barely exchanged a few blows, yet it seems they’ve been entirely defeated.
The most absurd part is...
They don’t even know how they lost.
"Dong——"
At the same time.
Zhou Quanmin, seeing both sides without new evidence to present, announced the court would move to the next phase.
"The evidence stage is over."
"Next, we will enter the free debate phase, and both parties need to elaborate on their claims."
As the words fell.
The audience in the gallery began to buzz in exclamation.
"Gosh? It’s been less than ten minutes, and the evidence phase is over?"
"Did you guys understand what Qin Mu said just now? It seems he said that abandoned items and lost items no longer matter, the law determines it as a lost item?"
"I somehow feel something’s amiss, who does the ownership of the released fish belong to?"
"I remember seeing a ridiculous case before, someone threw a watch into the trash like garbage, a homeless person found it, and then was sued for theft, only for the court to award the watch to the homeless person who found it."
"..."
Not only Qi Lianglei.
The audience in the gallery also didn’t quite understand the articles Qin Mu discussed from the Civil Law and Property Law.
In their understanding.
Items that are thrown away...
Belong to abandoned items, and their ownership no longer belongs to the original owner.
How come...
With Qin Mu, the ownership of the released fish reversed direction?
...
At the same time.
Nursing home.
The elderly who didn’t go to the court gathered together, watching the live broadcast attentively.
Everyone...
was similarly baffled.
First, the other side produced a "decisive" piece of evidence, making them all think they were going to lose.
But then...
Qin Mu quickly resolved this wave of evidence.
The opposing lawyer, in turn, was so defeated, they lost all will to fight.
"What just happened? Without Xiao Qin beside us to explain, this court session is a bit hard to understand."
"I’m honestly at a loss, but as long as we win the case, everything is fine!"
"So now, the fish... who do they actually belong to?"
"Of course, they’re Mr. Li’s; he bought the fish, who else’s could they be?"
"..."
People discussed the case while snacking on sunflower seeds.
Watching this long-awaited live stream...
Quite a few elders were visibly excited and in high spirits.
The vice president, Wan Zhongyuan, sat in a corner, feeling the joyous atmosphere among the elders, and smiled.
The atmosphere in their institution...
could probably not be found in any other place in Jin City.
Watching the court session...
allowed many of the elderly to relax, providing an outlet for their emotions.
Some elders were swearing while watching the court proceedings.
Others followed along with the court’s logic, pondering over it.
The majority of the elders...
learned some relevant legal knowledge through the court session.
Their nursing home’s court-viewing corporate culture had quietly been established.
"It’s just... hard to understand."
Wan Zhongyuan looked up at the live broadcast and couldn’t help murmuring.
He could understand the situation.
But when it came to aspects involving certain legal knowledge, he was just as clueless.
For instance...
the determination of abandoned property versus lost property, and why it should lean towards the latter.
Qin Mu had just exploited this point to directly refute the opponent’s evidence.
"Honorable Judgment Chief, jurors."
As the court session progressed.
Qin Mu seized the opportunity, stepping forward: "My side still insists that the ownership of these fish should be determined as lost property, belonging to my client, Li Weiguo."
"First, these fish were all bought by my client, Li Weiguo, from the market and have nothing to do with Qi Lianglei and others."
"Second, during the water change, some fish escaped, leading my client to release the remaining fish, but overall, my client did not have the intention to completely abandon them."
"Third..."
In the free debate session.
Qin Mu took the initiative, restating his side’s argument.
Focusing on the concept of lost property.
Meanwhile, in the defendant’s seat.
Qi Lianglei and the other six looked somewhat gloomy, all realizing the unfavorable situation.
Miao Hang...
had lost his will to fight even earlier than them, putting up almost no resistance.
"A free lawyer is just unreliable!"
Qi Lianglei gritted his teeth, growing more and more disappointed in their representing lawyer.
With no other choice.
He had to stand up himself, retorting in a serious tone: "Since they said, part of the fish was released, how do you prove that the fish we caught were the escaped ones or the released ones?"
"Furthermore, even if we acknowledge that these fish are yours, who can prove that all the fish are yours and not from the natural water?"
"Third, we’ve already eaten these fish at home or given them away; they’re not valuable. We’re willing to go to the market now and buy the same fish to return to Li Weiguo!"
At this moment.
His survival instinct flared up, as if possessed by the spirit of a lawyer.
Straining every nerve.
He came up with several counter-arguments.
Of course.
When it was time to admit defeat, he chose to concede.
Showing willingness to return the fish.
However...
Qin Mu showed no intention of backing down: "Your actions of appropriation have been established, and you should bear the corresponding legal responsibility for your actions!"
"We’ve looked into it, and over the past year, you’ve been fishing downstream of the release point almost every day, bringing in full hauls."
"What you can eat is consumed internally; what you can’t, you directly sell to the market for extra income."
In front of the entire courtroom.
Qin Mu mercilessly exposed the past deeds of Qi Lianglei and others.
These actions...
can be assessed from the perspective of their intrinsic conduct for logical reasoning.
When sentencing, heavier penalties could be justified.
Digging up the past...
in court sessions often has unexpected effects.
"It’s over; he has started attacking what you did before..."
Miao Hang furrowed his brow, whispering to Qi Lianglei.
Qi Lianglei realized the gravity of the situation immediately, quickly looking at the six others beside him.
As if energized...
showing expressions of being ready to fight it out.
They stood up one by one.
Continually defending themselves.
"We were fishing before, but we only caught the fish that people released, that shouldn’t be illegal, right?"
"We weren’t breaking the law before, so why is it suddenly an appropriation crime this time?"
"The law upholds fairness and justice, so if you ask me, the fish we caught were part of what you released, they should belong to us!"
"For ambiguous and disputed matters like this, shouldn’t the judgement be biased in our favor as defendants?"
"..."
Six spoke one by one.
Thinking hard, using all their life’s learning.
In their attempt to refute Qin Mu.
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