Chapter 485: Chapter 355: Logical Counterplay
It’s just that...
"Your Honor, according to the materials provided by the police, the testimony describes one segment as...."
Xu Liang’s gaze suddenly sharpened, finding some loopholes, and began to showcase his language logic.
"’I couldn’t tell if it was a person or a wild boar, until I saw it was a wild boar, then I pulled the trigger...’"
"This is a sentence spoken by our entrusted party during the interrogation."
"Analyzing from this testimony, what we call intentional murder...does not constitute!"
Xu Liang spoke rapidly, his professionalism quite strong, completely eliminating the need for on-site deliberation.
"First of all, as stipulated in Article 232 of the Criminal Law, whether it constitutes intentional murder depends on both subjective and objective points."
"Although objectively, it led to the death of the victim, Hu Hua."
"But subjectively, the defendant Lv Xiong, held a hunting rifle, aimed at a wild boar, and then pulled the trigger."
"The opponent did not take action against a person!"
"In summary, the defendant Lv Xiong does not constitute the crime of intentional murder or intentional injury!"
"It should be revised to ’negligent homicide’!"
The charges must be unified in both subjective and objective aspects.
Is this...intending to dismiss the two most critical accusations!?
With a few words, the crowd at the scene frowned, looking at Xu Liang with eyes faintly carrying hostility.
Does he not know that Lv Xiong is an egregious criminal, secretly possessing firearms and killing people for no reason!?
Defending such a person!?
Some people in the hearing began to harbor a trace of anger in their hearts, their breathing slightly anxious, clearly showing some agitation.
"Negligent homicide...."
Zhang Bo frowned, murmuring as he spoke.
"There’s reason in that, the testimony describes it very clearly, it seemed the person didn’t realize it was a human when killing...."
Next to him, the judge Sun Hu said thoughtfully.
"Indeed, the logical chain of intentional murder does not constitute...." another judge nodded in agreement.
The three discussed for a moment, then looked at Huang Ren.
The prosecution.
When Zhang Bo’s gaze swept to him, Huang Ren knew it was their turn to speak.
"The opponent’s logical chain is very clear, if caught unprepared, it can indeed be overwhelming."
Several prosecutors from the prosecution side recalled Xu Liang’s words and soon felt some fear.
But fortunately....
They were prepared in advance, long having prepared a contingency plan!
The contingency plans were few, but Xu Liang’s angle was precisely one included in the plan!
"Defendant, you just mentioned the main components of intentional murder: subjective and objective."
"So why deliberately omit the most crucial point, namely ’determining subjective intentionality’!?"
Huang Ren’s eyes sharpened, his gaze turning into a sharp sword, instantly piercing through the space towards Xu Liang.
He was a prosecutor, in his thirties, the head of the Intermediate Court group!
His abilities naturally intimidating, the rules and laws he learned long deeply ingrained!
Hearing this, the crowd at the hearing immediately became excited, turning their attention to Huang Ren.
Undoubtedly, they wanted Lv Xiong dead!
"Determining subjective intentionality is divided into two points in the judicial identification key points."
"One, direct intention, like knowing that stabbing towards the heart with a knife inevitably leads to death, yet still actively pursuing that result."
"Two, indirect intention, like knowing that shooting can hit a passerby, yet allowing that danger to occur."
"The defendant Lv Xiong clearly committed the second point, which is indirect intentional murder!"
"In the opponent’s view, knowing that the so-called ’wild boar’ might be a person, yet did not confirm, still shot, causing the death of the victim Hu Hua!"
Huang Ren’s tone intensified, his words like heavy hammers striking the hearts of everyone present.
"Joining with the objective fact of the victim Hu Hua’s death."
"Obviously, the defendant Lv Xiong, committed indirect intentional murder!"
As he finished speaking.
The crowd in the hearing suddenly brightened, their breathing slightly anxious.
"Yes, that’s right, just like that, I was wondering something was off, it turns out indirect intentional murder was missing, how could Lv Xiong possibly be negligent homicide!"
"What the hell is the defense doing? Confusing right and wrong!?"
"No way, how much did Xu Liang get paid? Defending even the murderers!?"
"That was a thirteen-year-old child, can he simply erase intentional murder, replace it with negligent homicide...in his eyes, does the client killing a child only need to be sentenced to three or four years!?"
"...."
Most people are emotional.
But this is a courtroom, these words were only exchanged in hushed voices.
Though they could hide from Yang Ruoxi and others, they couldn’t hide from Xu Liang’s ears, yet his face remained impassive, clearly not affected.
As for the judges....
"That...seems reasonable too."
"Very clear indirect intentional murder, though only indirect, still falls within the scope of intentional murder, albeit with milder circumstances...."
"Why does it feel like...the logic is tightly knit?"
The three judges hesitated, continuously discussing.
Moments later.
Once the judges on the stand slightly digested the prosecution’s viewpoint.
Xu Liang slowly spoke again, his lips parting as he gently said:
"First of all, prosecution, you overlooked something."
"Indirect intention refers to knowingly causing the result and still deliberately facilitating this event’s occurrence."
"And the defendant’s original intention was not murder but hunting boars, compared to causing death, hunting boars was his so-called ’known result’, while the victim’s death after pulling the trigger was accidental!"
"Clearly, this does not constitute indirect intentional murder!"
"Secondly, may I ask, in judicial determination of indirect intentional murder, does it refer to actions performed under clear consciousness!?"
"And in conjunction with the case...was the victim’s awareness clear!?"
Huang Ren’s expression shifted.
He seemed to already know what Xu Liang was about to say.
At that moment.
A prosecutor from the prosecution spoke in a deep voice:
"Naturally, the awareness was clear!"
"The police and the prosecutor’s office have conducted four mental assessments on the defendant Lv Xiong, and all four assessments concluded no mental illness."
Saying this.
He seemed to recall something, immediately countering Xu Liang’s move.
"According to this evidence, and the testimony describing both parties chasing for hundreds of meters causing Hu Hua’s death."
"The prosecution has reason to suspect that the defendant Lv Xiong, at the time of murder, very likely did not experience long-term hallucinations!"
Lv Xiong claimed he saw a wild boar and then pursued it for hundreds of meters.
Theoretically, without mental illness, there’s no reason for hallucinations to last such a long period.
Such as auditory hallucinations.
Ordinarily hearing hallucinations, at most, just a sentence or even only a few words.
When you come to realize, the hallucination auditory or visual image would immediately dissipate.
This hallucination requires being heard under a scattered mental state.
Not to mention the testimony describing a high-intensity highly focused hunt.
Only those with mental illness...like schizophrenia.
They can really hear constant uninterrupted sounds within a twenty-four-hour focused attention!
And Lv Xiong?
Four mental assessments!
Four confirmations of no mental issues!
From the physiological structure of the human body, without the supplement of mental disorders, it is impossible for the mentioned situation in the testimony to occur!
So....
"There’s a strong possibility that the defendant Lv Xiong did not experience hallucinations for too long, he may have seen through the hallucination, but still pulled the trigger, resulting in the fatal incident."
The prosecutor from the prosecution spoke.
However...
As these words fell, Huang Ren’s heart suddenly made a ’thud’ sound.
Why?
After all, what the opponent said was indeed clear, physiological structure and testimony and assessments do not match, a very sharp angle indeed.
But!
"Prosecution, what your side determined is purely subjective personal belief!!!"
"No objective evidence at all for verification!!!"
Xu Liang’s eyes brightened, looking at the adversary with joy.
The opponent just happened to use subjective belief for the last statement, therefore this idea...should verify one’s logic indirectly!
After speaking.
Without giving the prosecution any chance to retort, Xu Liang immediately spoke again:
"What the other side said earlier, about the defendant having no mental issue, hence real conditions and testimonies might deviate."
"Then...."
Saying this.
Xu Liang paused, raising a document in his hand.
This is...a psychological assessment report on Lv Xiong!
"Does it mean that as long as my side can prove the testimony’s reasonableness, it then will not constitute the so-called indirect intentional murder!?"
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