Dajing female litigator
Chapter 69 Attempted Murder: Court Trial
Chapter 69 Attempted Murder: Court Trial (19)
Under the court
Han Shen and Fu Hong knelt together, and beside them stood an old man with a goatee. His eye sockets were sunken and his face was wrinkled. He seemed to be an experienced litigator.
The litigators standing on Feng Shu's side are Lin Zhongchun and Sun Zhaozhou. Both of them have certificates of trainee litigators, and they can go to court to argue for Feng Shu.
Originally, Lin Zhongchun was supposed to be alone, but Sun Zhaozhou also needed to increase his internship experience, so the big guy let Lin Zhongchun assist him.
Three people become a tiger, one more person will have one more mouth.
The county magistrate said: "Before the court session, both of you have sent me the statement of claim and the statement of defense. I have basically understood the plaintiff's statement of claim, and now the plaintiff will explain the basic case and claims again. "
The lawsuit was written by Sun Zhaozhou and edited by Lin Zhongchun.
Although most of them were revised by Lin Zhongchun, Sun Zhaozhou could already understand the basic structure of the lawsuit.
Holding the copy of the lawsuit in his hand, Sun Zhaozhou's hands trembled violently, but his voice did not tremble at all: "It's February [-]th, Sishi. The defendant Han Shen conspired with Fu Hong to inject the plaintiff Feng Shu's pregnancy-preserving medicine, causing the plaintiff to give birth prematurely." .Because of the two defendants, the plaintiff's daughter was almost unborn. Therefore, our appeal is as follows:
First, in accordance with the handling of the crime of murder in Article 220 of the New Law of the Great Jing Dynasty, the defendants Han Shen and Fu Hong were punished.
Second, the marriage between the plaintiff Feng Shu and the defendant Han Shen was ruled invalid, and the child should be brought up by the plaintiff Feng Shu.
Third, the costs of this court hearing shall be borne by the defendant. "
Murder, to put it simply, refers to intentionally planning to kill someone.
Article 220 of the laws of the Dajing Dynasty stipulates that intentional homicide can be defined as murder, that is, planned homicide is the crime of murder and should be punished by beheading.
Han Shen and Fu Hong's target is the child in Feng Shu's womb. Simply accusing Han Shen of domestic violence may not be able to get Feng Shu out of it.
Moreover, it was not only Feng Shu's thoughts that decided to accuse Han Shen and Fu Hong of murder.
The topic of this debate is the debate on whether the unborn fetus has the right to life.
This is not only a question of whether the intentional injury to the mother, that is, Feng Shu, is established, but also a question of whether the child's right to life exists.
The protagonist is Feng Shu's daughter.
Han Shen looked at Sun Zhaozhou bitterly, and the more he looked at him, the more familiar he looked.He came to him before, saying that he wanted to reach a cooperation with him, but now he is standing on the opposite side of him, standing with his wife, and still holding the complaint against him.
I thought it was a conspiracy to say that I wanted to cooperate with myself before I came here.The purpose is to find evidence and sue him, right?
This is really ironic!
County magistrate: "Now, the plaintiff is the first to start presenting evidence. After the judge allows the defendant to open his mouth, the defendant will make an argument. The plaintiff will start presenting evidence."
"Evidence [-]: the traces of the tables, chairs and benches in the Han Mansion." Lin Zhongchun said, "The scratches on the tables, chairs and benches in the Han Mansion can show that the bruises on our stomach were caused by the Han Mansion, and it also caused damage to our party's daughter. Threat is one of the risk factors."
When she was speaking, the yamen servant had already brought up the tables, chairs and benches she was talking about.
Han Shen knew that the other party would have some evidence, but he never thought that the evidence would be in his mansion. Those people even moved their own things to the court, which is outrageous, even deceiving too much!
He opened his mouth to speak, but was stopped by the lawyer he invited with his eyes.
It's not yet the time for them to speak, if they speak rashly, the county magistrate will give them a gavel as a warning.
County magistrate: "Does the defendant have an excuse?"
The litigator Han applied for said: "Yes. First of all, these tables, chairs and benches are not evidence that can be brought to court, because the ownership of these things belongs to our party, and our party has no knowledge of the evidence they brought up.
Secondly, the fetus had no independent personality in the plaintiff's womb at that time.Therefore, even if we have created a risk factor for the child, it will not infringe on her independent personality, so the evidence presented by the plaintiff cannot indict us.
In the end, we insisted that in the absence of substantive evidence, the bruise on the plaintiff's stomach cannot be proved to be caused by our party.All of the above are my justifications. "
County Magistrate: "Plaintiff?"
Lin Zhongchun: "On the issue of whether an unborn child has an independent personality, if this gentleman has not carefully read the new legislation of the Dajing Dynasty, then I suggest that you read it again. Unborn fetuses are divided into Stillbirth and live birth, the fetus born is called a live birth, that is, a child born smoothly.
In the environment of the mother's body, a child who is born smoothly also has an independent personality, because after she is born smoothly, what she had before can also inherit.
Just like in an inheritance, someone designates a fetus in someone’s womb to inherit their inheritance. If the child is born smoothly, then it can inherit the designated property. If the child is not born smoothly, then the property will belong to the heir in line.According to this principle, the independent personality of the child is also applicable here. "
The county magistrate nodded in approval. He felt that what Lin Zhongchun said was reasonable. He looked at the defendant's lawyer and said, "Did you read the new law of the Dajing Dynasty carefully?"
The litigator paused, he read it, and the facts were the same as what Lin Zhongchun said: "Returning to your lord, the new lawyers have read it. But their evidence is illegal evidence and should be excluded."
County magistrate: "Can the plaintiff have any objections?"
Lin Zhongchun nodded: "My lord, husband and wife are one body. Before the judgment of Heli was issued, our client and Han Shen were husband and wife. The husband and wife have the right to control the joint property. The ownership of this set of tables and chairs belongs not only to Han Shen is alone."
"You are right." The county magistrate supported her statement, "The first piece of evidence is valid evidence. The plaintiff, continue to produce evidence."
Lin Zhongchun assigned the debate on the second piece of evidence to Sun Zhaozhou.
He wants to learn how to be a lawyer, so he has to practice, and this is a good time for him to practice.
Sun Zhaozhou was a little nervous, especially when he changed his catchphrase.
He took a deep breath and said, "Our second piece of evidence is the witness Wang Kun."
Wang Kun, what a big boy he is!
Because he already knew the content of the lawsuit and the catalog of evidence in advance, he was not surprised at all that his son's name appeared in the courtroom. He also asked his son about this matter carefully.
He didn't touch the woman's belly at that time, but because he was too scared, he left the scene.
He knew all this.
However, the specific situation has to wait for him to go to court to tell clearly.
The county magistrate squeezed his fist, "Wang Kun, the witness, stepped forward!"
(End of this chapter)
Under the court
Han Shen and Fu Hong knelt together, and beside them stood an old man with a goatee. His eye sockets were sunken and his face was wrinkled. He seemed to be an experienced litigator.
The litigators standing on Feng Shu's side are Lin Zhongchun and Sun Zhaozhou. Both of them have certificates of trainee litigators, and they can go to court to argue for Feng Shu.
Originally, Lin Zhongchun was supposed to be alone, but Sun Zhaozhou also needed to increase his internship experience, so the big guy let Lin Zhongchun assist him.
Three people become a tiger, one more person will have one more mouth.
The county magistrate said: "Before the court session, both of you have sent me the statement of claim and the statement of defense. I have basically understood the plaintiff's statement of claim, and now the plaintiff will explain the basic case and claims again. "
The lawsuit was written by Sun Zhaozhou and edited by Lin Zhongchun.
Although most of them were revised by Lin Zhongchun, Sun Zhaozhou could already understand the basic structure of the lawsuit.
Holding the copy of the lawsuit in his hand, Sun Zhaozhou's hands trembled violently, but his voice did not tremble at all: "It's February [-]th, Sishi. The defendant Han Shen conspired with Fu Hong to inject the plaintiff Feng Shu's pregnancy-preserving medicine, causing the plaintiff to give birth prematurely." .Because of the two defendants, the plaintiff's daughter was almost unborn. Therefore, our appeal is as follows:
First, in accordance with the handling of the crime of murder in Article 220 of the New Law of the Great Jing Dynasty, the defendants Han Shen and Fu Hong were punished.
Second, the marriage between the plaintiff Feng Shu and the defendant Han Shen was ruled invalid, and the child should be brought up by the plaintiff Feng Shu.
Third, the costs of this court hearing shall be borne by the defendant. "
Murder, to put it simply, refers to intentionally planning to kill someone.
Article 220 of the laws of the Dajing Dynasty stipulates that intentional homicide can be defined as murder, that is, planned homicide is the crime of murder and should be punished by beheading.
Han Shen and Fu Hong's target is the child in Feng Shu's womb. Simply accusing Han Shen of domestic violence may not be able to get Feng Shu out of it.
Moreover, it was not only Feng Shu's thoughts that decided to accuse Han Shen and Fu Hong of murder.
The topic of this debate is the debate on whether the unborn fetus has the right to life.
This is not only a question of whether the intentional injury to the mother, that is, Feng Shu, is established, but also a question of whether the child's right to life exists.
The protagonist is Feng Shu's daughter.
Han Shen looked at Sun Zhaozhou bitterly, and the more he looked at him, the more familiar he looked.He came to him before, saying that he wanted to reach a cooperation with him, but now he is standing on the opposite side of him, standing with his wife, and still holding the complaint against him.
I thought it was a conspiracy to say that I wanted to cooperate with myself before I came here.The purpose is to find evidence and sue him, right?
This is really ironic!
County magistrate: "Now, the plaintiff is the first to start presenting evidence. After the judge allows the defendant to open his mouth, the defendant will make an argument. The plaintiff will start presenting evidence."
"Evidence [-]: the traces of the tables, chairs and benches in the Han Mansion." Lin Zhongchun said, "The scratches on the tables, chairs and benches in the Han Mansion can show that the bruises on our stomach were caused by the Han Mansion, and it also caused damage to our party's daughter. Threat is one of the risk factors."
When she was speaking, the yamen servant had already brought up the tables, chairs and benches she was talking about.
Han Shen knew that the other party would have some evidence, but he never thought that the evidence would be in his mansion. Those people even moved their own things to the court, which is outrageous, even deceiving too much!
He opened his mouth to speak, but was stopped by the lawyer he invited with his eyes.
It's not yet the time for them to speak, if they speak rashly, the county magistrate will give them a gavel as a warning.
County magistrate: "Does the defendant have an excuse?"
The litigator Han applied for said: "Yes. First of all, these tables, chairs and benches are not evidence that can be brought to court, because the ownership of these things belongs to our party, and our party has no knowledge of the evidence they brought up.
Secondly, the fetus had no independent personality in the plaintiff's womb at that time.Therefore, even if we have created a risk factor for the child, it will not infringe on her independent personality, so the evidence presented by the plaintiff cannot indict us.
In the end, we insisted that in the absence of substantive evidence, the bruise on the plaintiff's stomach cannot be proved to be caused by our party.All of the above are my justifications. "
County Magistrate: "Plaintiff?"
Lin Zhongchun: "On the issue of whether an unborn child has an independent personality, if this gentleman has not carefully read the new legislation of the Dajing Dynasty, then I suggest that you read it again. Unborn fetuses are divided into Stillbirth and live birth, the fetus born is called a live birth, that is, a child born smoothly.
In the environment of the mother's body, a child who is born smoothly also has an independent personality, because after she is born smoothly, what she had before can also inherit.
Just like in an inheritance, someone designates a fetus in someone’s womb to inherit their inheritance. If the child is born smoothly, then it can inherit the designated property. If the child is not born smoothly, then the property will belong to the heir in line.According to this principle, the independent personality of the child is also applicable here. "
The county magistrate nodded in approval. He felt that what Lin Zhongchun said was reasonable. He looked at the defendant's lawyer and said, "Did you read the new law of the Dajing Dynasty carefully?"
The litigator paused, he read it, and the facts were the same as what Lin Zhongchun said: "Returning to your lord, the new lawyers have read it. But their evidence is illegal evidence and should be excluded."
County magistrate: "Can the plaintiff have any objections?"
Lin Zhongchun nodded: "My lord, husband and wife are one body. Before the judgment of Heli was issued, our client and Han Shen were husband and wife. The husband and wife have the right to control the joint property. The ownership of this set of tables and chairs belongs not only to Han Shen is alone."
"You are right." The county magistrate supported her statement, "The first piece of evidence is valid evidence. The plaintiff, continue to produce evidence."
Lin Zhongchun assigned the debate on the second piece of evidence to Sun Zhaozhou.
He wants to learn how to be a lawyer, so he has to practice, and this is a good time for him to practice.
Sun Zhaozhou was a little nervous, especially when he changed his catchphrase.
He took a deep breath and said, "Our second piece of evidence is the witness Wang Kun."
Wang Kun, what a big boy he is!
Because he already knew the content of the lawsuit and the catalog of evidence in advance, he was not surprised at all that his son's name appeared in the courtroom. He also asked his son about this matter carefully.
He didn't touch the woman's belly at that time, but because he was too scared, he left the scene.
He knew all this.
However, the specific situation has to wait for him to go to court to tell clearly.
The county magistrate squeezed his fist, "Wang Kun, the witness, stepped forward!"
(End of this chapter)
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