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Chapter 342 Luo Dazhuang's Litigation Strategy
The trial has finally entered the most critical stage of court investigation.

"Plaintiff, do you have any evidence to show?" Chen Zhonghan looked at the plaintiff's seat and asked.

"Have."

Luo Dazhuang nodded, stood up and began to give evidence:
"The first piece of evidence is the communication records between the three defendants and our client."

"The evidence shows that in the past eight years, the number of communications between the three defendants and our client is pitifully small, with an average of no more than three times per person per year!"

"These few communications were all made by our client to the defendant, and the defendant never took the initiative to call our client!"

"This evidence is sufficient to show that the three defendants lacked emotional companionship and care for our client."

Luo Dazhuang went on to list the second piece of evidence:
"The second piece of evidence is the flow of funds between the three defendants and our party, including bank cards, passbooks, Weixin wallets, etc."

"The evidence shows that during the eight years, the three defendants did not pay our client a penny of alimony."

"In addition, here are several lists and payment records of our client's medical treatment and drug purchase. It can be seen that all the expenses are paid by our client himself, and the three children have not taken any responsibility at all!"

Luo Dazhang's thick and powerful voice echoed in the trial court.

Deafening.

"Is this still a person? The old mother is 70 years old, and she is alone. They don't pay attention to her, and they don't pay a penny for maintenance. Pooh! Let the dog eat your conscience!?"

"No, their consciences are so dark and purple that even dogs eat dogs."

"It can't be done, my blood pressure really can't be suppressed, how can there be such a wolf-hearted thing!"

"Sentence! Severe sentence! This kind of beast must be severely sentenced!"

"..."

There were once again outraged discussions in the auditorium.

It is not the first time for these people to attend the trial, and it can be said that they are well-informed and experienced.

What case haven't you seen?

He has long developed the ability to face the collapse of Mount Tai without changing his face, and he can maintain a normal mind no matter what situation he encounters.

But this time, they really couldn't hold back.

Filial piety is an eternal topic since ancient times, and it is also the most basic moral bottom line for human beings.

A person can be bad, evil, shameless, shameless...but you can't be filial!

No matter what the situation is, and no matter what difficulties there are, it cannot be a reason to abandon the elderly mother!

It is not an exaggeration to describe this kind of behavior as being scolded by thousands of people.

Moreover, compared with other criminal acts, this kind of behavior of not supporting parents is more likely to arouse the empathy of others.

Naturally, anger erupted.

"Boom!"

Chen Zhonghan had no choice but to strike the gavel again, and said in a deep voice: "This is the last warning, please pay attention to the order of the court, if you continue to disrupt the court, you will be expelled from the court!"

Only then did the scene stabilize.

Chen Zhonghan looked at the defendant's seat, and asked in a deep voice: "Defendant, do you have any objections to the evidence presented by the plaintiff?"

As soon as the words fell, Zhang Wei immediately said: "Yes! We recognize the authenticity, legality and relevance of the evidence, but not the strength of the evidence!"

"These two pieces of evidence can only prove that our party lacks emotional care and financial support for the plaintiff, but it is not enough to prove that our party has abandoned behavior!"

"Our client is a taxi driver. He leaves early and returns late. He is busy with work and has a disordered schedule."

"It is inevitable to neglect the care of my mother on weekdays. I think it is justifiable and should not be considered a crime of abandonment!"

Zhang Wei's words are completely nonsense to ordinary people.

The proof clearly shows that during the eight years, Liu Zhihua did not give Zheng Aixia a penny, nor did he take the initiative to make a phone call. Isn't this abandonment?
But from a legal point of view, there is nothing wrong with what Zhang Wei said.

Not paying alimony or making phone calls is indeed unfilial behavior, but it is not "abandonment" in the legal sense.

In the final analysis, the key lies in whether it reaches the level of "bad plot".

The two pieces of evidence presented by Luo Dazhuang can only prove that the three defendants did not fulfill their obligation to support their mothers, but this is only a tort at the civil level and does not meet the standard of "crime of abandonment" at the criminal level.

After Zhang Weigang finished speaking, the other two lawyers followed suit:
"Seconded."

"Me too."

Can lie down never C.

Obviously these two lawyers are also well versed in this.

This situation has long been expected by Luo Dazhuang.

For this trial, he formulated a "two-step" strategy.

The first step is to prove that the three defendants did not fulfill their obligation to support their mother, whether it is spiritual or material, they must be proved.

The next step is to prove that their behavior has reached the level of "bad circumstances".

Combining the two into one, it is safe to abandon sin.

So in the face of the defense lawyer's rebuttal, Luo Dazhuang did not panic at all, and continued to present evidence according to his established strategy.

This time, he applied for a witness to appear in court.

Five witnesses, all neighbors of Zheng Aixia, testified about the behavior of Zheng Aixia's three children.

"Your Honor, these three people are beasts! Sister Zheng and I have been neighbors for decades. In the early years, they would come back occasionally, but since about seven or eight years ago, I have never Having seen them, I thought they were all dead outside."

"I often see Mrs. Zheng sitting alone in the yard in a daze. It makes people feel sad. None of the three children are filial."

"Give money? It's nothing, let alone give money, they haven't come back to see it."

"It's okay if you don't come back usually, but you can come back and have a look during the holidays? No, they haven't come back once. Sister Zheng spends the New Year alone. Sometimes we think she is pitiful and will give her something. What to eat."

"Who doesn't know that Mrs. Zheng has three unfilial children? Oh, yes, I heard Mrs. Zheng call her eldest son once, and I forgot what she said, but I clearly heard her eldest son on the phone Scolding Aunt Zheng from here, scolding is so fierce that I, an outsider, can't stand it!"

After the witnesses appeared in court, they didn't show any sympathy, accusing the defendants of their unfilial behavior one by one.

The testimony of these witnesses further pushed the defendant to the brink.

Zheng Aixia's eyes were reddish, and she silently wiped away her tears.

On the other hand, the three unfilial children in the defendant's seat showed dissatisfaction on their faces.

Liu Zhihua pouted his neck and defended, "Isn't it because I'm too busy with work, I don't have time to go home and have a look, and my mother has always been in good health, so we don't need us to watch her all day long."

As soon as the words fell, Liu Zhigang couldn't wait to say: "My lord, it's clear, they don't understand the situation at all, and they just talk nonsense! Do we need outsiders to talk about our own family's affairs? They are just neighbors, what do they know? They! "

Liu Ailing also quickly said: "That's right! They didn't see me go back, so it doesn't mean I haven't gone back. They didn't see me give money to my mother, but it doesn't mean I really didn't. Do I have to give money for everything?" Did they report it?"

The three brothers and sisters are rare to stand on the same front.

They are trying to refute what the witnesses say.

Seeing this, Chen Zhonghan frowned and asked: "Since you don't admit what they said, then you should talk about it specifically. When did you go back to see the old mother? When did you give her money? How much did you give? In what form?" given?"

"This……"

The three of Liu Zhihua were suddenly speechless, their eyes flickered, and their expressions became unnatural.

How can you say something that you haven't done at all.

And in the trial court, I didn't dare to make up nonsense - if the lie was exposed, it was no joke.

I was so anxious that I broke out in a cold sweat.

"Your Honor!"

At a critical moment, Zhang Wei stood up and said loudly: "Based on the concept of 'human rights protection' in our country's current criminal law, the principle of 'no doubt' is usually adopted in practice."

"If at the trial stage, neither the defendant's guilt nor his innocence is sufficiently proven, he should be presumed innocent."

"It is true that our party cannot prove that he has specific support for the plaintiff, but the plaintiff also does not have sufficient evidence to prove that our party has abandoned behavior."

"If this is the case, our party should be found innocent."

"So the key now is not whether our client can prove his innocence, but whether the plaintiff can prove our client's guilt!"

There is no doubt!

This is a concrete manifestation of the human rights protection concept of "beneficial to the defendant" in the modern criminal law, and it is a derivation of the principle of presumption of innocence stipulated in Article No. 12 of the Criminal Procedure Law, "No one shall be found guilty without a judgment by the people's court according to law." standard.

Specifically, if the defendant is neither guilty nor innocent at the trial stage, he should be presumed innocent.

Zhang Wei is very smart, he knows that Liu Zhihua has no way to prove that he has supported the plaintiff, after all, he has never done so.

So throw the problem to the other party.

You have to prove that my client has abandoned, not ask my client to prove that he didn't abandon, right?

Whoever advocates will give evidence.

What's more, this is a criminal private prosecution, and you are even more required to prepare evidence as a private prosecutor.

Just after Zhang Wei finished speaking, the other two lawyers immediately said:

"Seconded."

"Me too."

Zhang Wei glanced at the two of them strangely.

These two guys have made up their minds to hug their thighs.

It is estimated that you can't count on it.

It seems that this court trial still depends on oneself.

Thinking of this, Zhang Wei went on to say: "Although children and their parents are related by blood, children are not saints. It is inevitable that they will have some conflicts or unpleasantness with their parents in daily life."

"Everyone ask yourself, have you ever had an argument with your parents or children?"

"This is a very normal thing. I think what the fifth witness just said is a normal phenomenon."

"Of course, our party did speak too harshly and hurt the plaintiff, but this is not enough to prove that our party has abandoned behavior!"

"Seconded!"

"Me too."

The other two lawyers continued to hold their thighs and export with the wind.

Luo Dazhuang was expressionless, and then directly presented new evidence:

"This evidence is the psychiatric appraisal report issued by the authoritative experts of the Third Municipal Hospital. From the appraisal report, it can be seen that our client suffers from moderate depression and is at risk of causing dementia!"

"As for the cause of the illness, experts pointed out that it was because of living alone all year round, excessive mental pressure, and the children's verbal abuse..."

Luo Dazhuang directly threw out the heaviest evidence.

This is also the killer feature of this trial.

Because of the actions of the three defendants, the plaintiff suffers from depression, coupled with her advanced age, depression will aggravate the incidence of Alzheimer's disease, isn't this considered a "bad plot"! ?

Once this evidence was shown, it instantly detonated the emotions of the observers.

"Damn! Even if I'm expelled, I have to say it! You three beasts are inferior, your conscience is rotten! As long as you are like this, there will definitely be retribution! Your honor, you don't need to say, I will quit by myself , I just ask for a heavy sentence for these three bastards!"

A hot-tempered old man raged together, and then voluntarily withdrew from the trial court.

Chen Zhonghan couldn't laugh or cry.

In fact, strictly speaking, the behavior of this old man has seriously disrupted the order of the court, and he can be held accountable.

But on the other hand, Chen Zhonghan praised him.

This is simply the perfect substitute in court.

If it wasn't for Chen Zhonghan's special status, he would have scolded these three wolf-hearted and unfilial children fiercely!
Too bad, too shameless!

Fortunately, no one else messed around, and the order of the trial court was not seriously affected.

The trial continues.

"Lawyer Zhang, quickly refute him!"

Liu Zhihua's forehead was sweating, he gritted his teeth and urged.

He also found that the situation was very unfavorable to him, and he became anxious.

Zhang Wei frowned and his face was solemn.

After thinking for a while, he said bravely, "This evidence can only prove that the plaintiff has moderate depression, but it does not prove that her depression was caused by our client!"

"Seconded!"

"Me too!"

The other two lawyers quickly agreed.

Luo Daxiang said blankly: "There are four causes of depression."

"The first is the biological factor, that is, the neurobiochemical hypothesis, that is, the decreased activity of serotonin and norepinephrine in the brain leads to depression."

"The second is endocrine factors. If the hypothalamus-pituitary-adrenal axis is in a state of continuous excitement, the excessive secretion of hormones can inhibit monoamine transmitter receptors, which may cause depression."

"However, according to the authoritative report issued by experts, our party does not have these two situations, so it can be ruled out."

"Then there are psychological factors and social environmental factors."

"According to the survey results, our client has not encountered any special incidents in his life, and the neighbors are harmonious. Therefore, psychological factors and social environmental factors can be specifically summarized as the three children's ignorance, indifference and even harsh words towards our client!"

"Your Honor, I apply for the production of evidence."

Chen Zhonghan agreed.

Then, Luo Dazhuang presented the evidence again.

"The first segment is a recording of the call. It happened after our party filed a criminal private prosecution. Defendant No. [-], Liu Zhihua, called and hoped that our party would withdraw the lawsuit."

"The second paragraph is the recording of the three defendants finding our client in private and forcing her to withdraw the lawsuit!"

"Everyone experience it for themselves."

The recording was played in court.

Zheng Aixia's voice was relatively low, a little cautiously proud, even...humble.

It was heartbreaking to hear.

On the other hand, the other party is arrogant and aggressive.

There are even obvious insulting words such as "old stuff" and "old muddleheaded".

The attitude is simply bad to the extreme!
(End of this chapter)