Mo Yan thought for a moment and said," With the evidence provided by Sir System, we can sue the streamer for deliberately hiding the real information and enticing you to send her gifts."”
"Just the fact that she's already married and has two sons is enough for the court to convict her of fraud.”
In the chat records of Yin Zhiping and Xiang Sihui, Xiang Sihui had made it clear many times that she was a university student and wanted to have a sweet relationship with Yin Zhiping.
She was already married, what was there to be in love for?
Mo Yan believed that as long as he grasped this point in court, he could win the case.
If she performed exceptionally well, she could even lock Xiang Sihui up for a few years.
"However, in order to increase the chances of winning the first trial, I think you can find more sufficient evidence, such as her interaction with other big brothers, marriage certificates, and so on.”
"I'll write a complaint in the afternoon and submit it directly to the court here. After that, I'll go back. What do you think?”
Due to the location of the case, they could only file a case in Fan City.
Yin Zhiping nodded." Alright then. I'll ask my friends here to make some connections. It shouldn't be difficult."”
"But I'll have to trouble you during the court session.”
"No problem."
At four o'clock in the afternoon, the Intermediate People's Court of Fan City accepted the case, and Mo Yan took a bus back to Jiang City.
Yin Zhiping wanted to ask the driver to send him, but Mo Yan felt that it was troublesome for the driver to run around, so he rejected Yin Zhiping's kindness.
On Thursday morning, Mo Yan looked at the time. As soon as it was past nine o'clock, he clicked on the headline to apply for cash withdrawal.
This was a huge sum of money, and Mo Yan had always wanted it.
After Gu Xiaotian made him a cup of tea, Mo Yan's morning was quite leisurely.
Yan Yilan asked," Lawyer Mo Yan, I've always been confused about the difference between self-defense and excessive self-defense. Can you help me explain it?"”
"About that." Mo Yan took a sip of tea and said slowly,""It's not that difficult to distinguish."
"Let me give you an example.”
"Xiao Li is a little girl in her early twenties. She usually loves to be beautiful. In summer, she always dresses up in miniskirt and pleated skirts, revealing her fair and tender thighs.”
"This day, Xiao Li was waiting at the bus stop. Ma Liu took a look and saw that the little girl beside him was so beautiful.”
"I couldn't help but grab Xiao Li's butt.”
"Not only did he not run away immediately after he was captured, he even looked at Xiao Li with a wretched expression.”
"Xiao Li was furious. She stuck out two fingers and stabbed Ma Liu's eyes.”
"Do you think this is self-defense?”
Hearing Mo Yan's question, Yan Yilan blurted out," This is self-defense.”
"It's already considered light if I don't give Ma Liu two big slaps.”
"If it were me, I would give Ma Liu a seductive kick.”
"Let this kind of person learn his lesson. Don't always lose control of your hands.”
Seeing Yan Yilan gnashing her teeth, Mo Yan subconsciously took half a step back. He didn't expect this girl to be so gentle and weak, but she was really hateful when she did things.
"Ahem."
"Then let's assume one result." Mo Yan cleared his throat.”
"If Xiaoli had her nails done a few days ago, it would be the kind with long nails.”
"She stabbed Ma Liu's eyes with two fingers. When she pulled her fingers out, there were two eyeballs on them.”
"Do you still think this is self-defense?”
Yan Yilan thought about it seriously. He had only scratched his butt, but his eyeballs had been gouged out. This was too cruel.
This result was at least a serious injury.
She shook her head.”
"Maybe Xiao Li will be held accountable.”
"Yes, you are absolutely right." Mo Yan nodded with a smile." You see, they were both violated by the law. They did the same thing. Why are the two different?"”
"The key lies in the final result.”
"Let me put it this way. The right action the right result = self-defense.”
"Correct action wrong result = excessive self-defense.”
"Do you understand now?"
Yan Yilan nodded, indicating that she understood.
"Then I'll test you again." Mo Yan smiled.”
"If Xiao Li went out today, she would have a fruit knife in her pocket.”
"When he saw that Sixth Ma dared to take advantage of him, he immediately took out his knife and stabbed Sixth Ma.”
"He stabbed Ma Liu to death with a single stab.”
"Wrong action wrong result = excessive self-defense."”
"Not bad." Mo Yan praised her and continued,""Then let's change the outcome."
"When Ma Liu saw Xiao Li take out her knife, he was also frightened and quickly dodged backwards.”
"Ka, with a slash, Xiao Li cut Ma Liu's coat, but Ma Liu was agile and did not suffer any substantial damage.”
"Yuan Fang, what do you think?"
Mo Yan asked with a smile.
"Sir, my name is not Yuan Fang." Yan Yilan rolled her eyes and scratched her head."This…should be considered self-defense.”
"After all, it didn't cause any serious consequences.”
"Smart." Mo Yan nodded approvingly." So, have you figured out the question you asked before?"”
"I understand." Yan Yilan beamed with joy." Whether it's justifiable self-defense or not, it mainly depends on the result of the defense. It has nothing to do with the behavior itself.”
This question didn't seem that complicated.
As expected of Zhang San, he explained the problem clearly in two sentences.
To Yan Yilan's surprise, Mo Yan shook his head lightly this time.
"You can't say that. Let's assume another possibility. Xiao Li is a woman with a bad temper.”
"Usually, she wouldn't take any losses at all. When she saw that her knife didn't hit Ma Liu, she immediately didn't let it go. She raised the knife in her hand and chased after Ma Liu to slash him.”
"Just like that, the two of them chased each other for two streets.”
"In the end, the people on the street were scared out of their wits. He even slashed someone with a knife. It's too terrifying. Hurry up and call the police.”
"When the police arrive, subdue Xiao Li immediately.”
"In the end, the prosecutor felt that her behavior was too bad. She actually committed armed murder in broad daylight and caused too much of an impact. Then, she was charged with endangering public safety.”
"In the end, Xiao Li was sentenced to three years in prison. Of course, Ma Liu was also imprisoned for half a month on the charge of causing trouble.”
"If that's the case, do you still think what you said just now is valid?”
This…
Yan Yilan hesitated. The outcome of this story was very simple. Xiaoli's actions did not cause any harm to Ma Liu, but she was still sentenced to three years in prison.
This was obviously contrary to the conclusion that he had just come up with.
"I thought I had figured it out just now," Yan Yilan said with a sad face.”
"Now that you've said it, I know that I don't understand at all.”
"These questions are too difficult."
Was it difficult?
It didn't seem that difficult.
" In fact," Mo Yan said earnestly," when dealing with complicated situations, you shouldn't just follow some one-sided laws. You should also consider the reality."”
"All judicial doctrines come from life, so when judging whether a person has committed a crime, we should start from real life.”
"Oh." Yan Yilan nodded with difficulty.”
"Haha."
Mo Yan chuckled but didn't reply.
Justice was an obscure and mysterious knowledge. If one wanted to become an expert just by remembering some laws, it would be a bit of a fantasy.
"Lawyer Mo Yan, do you have any other similar stories?”
Yan Yilan looked at Mo Yan with anticipation.
"Do you still want to hear it?" Mo Yan asked with a smile.
"Yes!" Yan Yilan licked her red lips and said subconsciously.
"Alright then."
Mo Yan smiled and said softly,"
"Xiao Cui is a woman from the countryside. This afternoon, she was walking alone on a small road in the countryside with a basket of unsold eggs in the city.”
"After seeing the mountain in front of us, we're almost home. Xiao Cui is thinking about what to cook for the children when we get home.”
"At this moment, a burly man suddenly jumped out from the side.”
"The burly man looked at Little Cui with a wretched expression and shouted," Pervert!"”
"This frightened Xiao Cui. She wanted to resist or escape, but she was a woman. How could she be a match for this burly man?”
"Just as the burly man's face was filled with impatience and he was about to use force, Xiao Cui suddenly had a plan. She told the burly man that it was just a rape and that there was no need to be so rough.”
"But this is a small road in the countryside. People come and go, and I'm afraid others will know. Why don't we go to the river not far away?”
"When the burly man heard this, he also felt that what Little Cui said made sense. If he was interrupted later, he would be easily frightened.”
"I immediately followed Xiao Cui to the river and wanted to do something.”
"Xiao Cui is also clever. When the big man was taking off his clothes, she kicked him into the river.”
"The burly man tried to climb ashore several times, but Xiao Cui picked up a stone from the river and threw it down.”
"After a few minutes, the burly man died. Xiao Cui, who reacted, saw that the burly man was completely silent. She was frightened and quickly called the police for help.”
"By the time the police arrive, the burly man will be dead. Do you think Xiao Cui's actions were excessive self-defense?”
Mo Yan finished his sentence and took a big sip of tea to moisten his throat.
Yan Yilan's small mouth was slightly agape, and a thoughtful expression appeared on her face.
After savoring it for a long time, he slowly opened his mouth and said,"This should be considered excessive self-defense.”
"Although the burly man in the story is despicable, his crime doesn't warrant death.”
Then, she looked at Mo Yan with uncertainty.
According to her logic, it was an excessive self-defense that caused death.
But the problem was, if this story was as simple as it seemed, how could it have come out of the mouth of the madman Zhang San?
However, she couldn't find a suitable reason to say that it was self-defense.
He could only hope that Mo Yan would give him a different answer.
Sure enough, Mo Yan shook his head gently." No, Xiao Cui was not sentenced at the end of the story. The result given by the prosecutor's office was still self-defense.”
"But…that burly man died in the end. How can this be called self-defense?”
Although she was mentally prepared, Yan Yilan was still surprised to hear this result.
"As I said before, any judicial practice must be judged based on life experience.”
Mo Yan said frankly," Let's assume that you were brought into that scene.”
"A weak woman facing a vicious man.”
"The other party's goal is very clear.”
"If it was an ordinary person resisting, would it really be useful?”
Yan Yilan shook her head gently." It seems to be useless."”
"Therefore, the woman could only use a scheme to trick the burly man into coming to the river and then push him into the water to protect herself.”
" No matter if it was her throwing the rock or kicking the man into the water," Mo Yan sighed." They were all necessary means to protect herself."”
"Although this result is surprising, there is nothing wrong with what the woman did.”
"If it were you, you would probably want to throw two more stones.”
Yan Yilan looked at Mo Yan with embarrassment." I…I'll try my best to pick a bigger rock to smash."”
"Isn't that it?" " The man's death was an accident," Mo Yan said with a smile." The woman's actions can be explained as self-defense."”
"As I said before, the law is only a product of life experience.”
"At any time, we have to put ourselves in the victim's shoes and think about others.”
"If no judge could do this, perhaps there wouldn't be so many cases of excessive self-defense in this world.”
"If this story is just a dogma, the woman must have caused the death by mistake. But if we hope like this, can we really convince the public?”
"That's why the law comes from life, and it should also start from life!”
This book is provided by FunNovel Novel Book | Fan Fiction Novel [Beautiful Free Novel Book]