Zhou Yi was stunned for a moment: "You mean, this case might turn out to be a failure?"
Fang Dazhuang didn't answer directly, but said, "If I were Huo Pengfei, I definitely wouldn't use only video and surveillance as evidence."
After a pause, Fang Dazhao continued, "But it's not easy to convince the judge based solely on flaws in the evidence. Now, I don't know what the situation will be."
The evidence presentation and cross-examination stage ends and the court debate begins.
Tan Shaohong quickly stated his position: "According to Article 234 of the Criminal Law, the key to constituting the crime of intentional injury is that the perpetrator must be subjectively aware that their actions will result in harm, and must have hoped for or allowed this result to occur."
"Based on the facts of this case, our client does not commit the crime of intentional injury for the following two reasons."
"First, our client had no idea that his actions would result in minor injuries to the other party, and he did not expect or allow such an outcome to occur. According to the other party's evidence three and four (video and surveillance footage), the conflict was extremely brief, lasting less than a minute. It was over in a very short time."
"Secondly, the other party's evidence 2 (injury report) shows that the minor injury occurred on the abdomen, but their evidence 3 and 4 do not strictly prove that the injury was indeed caused by our client. Therefore, it can be seen that it does not constitute intentional injury."
"As for the intentional injury, the public security organs have already taken him into administrative detention!"
Again, the court only considers evidence. It does not mean that Judge Zhang will definitely win if he hears the party say in person that he beat someone during the previous mediation.
It's not that easy.
To give a simple example, in a case of intentional homicide, if anyone has read the forensic report, they will know that it will definitely state what the fatal injury was.
He may have been stabbed twenty times, but the final fatal injury was a blunt force injury to the head, which needs to be clearly identified.
The injury report clearly stated that the injury was minor due to a heavy blow to the abdomen, but the terrible thing is that the relevant evidence cannot directly prove it.
To put it in terms of the four elements, the lawyer said that there is no subjective intention to harm, and the objective illegal behavior does not reach the criminal standard.
To put it in two levels, in the objective level, harmful behavior does not produce harmful consequences and does not reach the subjective level at all.
To be honest, there are only two methods, but the latter is indeed more reliable for some special situations.
Huo Pengfei's face didn't look very good, or maybe it was because he had been doing very well since he joined Tengda, and he had handled quite a few criminal private prosecution cases, ranking second to none in Tengda, so he was indeed a little bit arrogant.
This is a
A not-so-obvious loophole in evidence is nothing in a civil case, but in a criminal private prosecution case, as long as there is one that does not meet the requirements, it's all over.
This is what it means to talk about evidence. Don’t say “everyone knows that he was the one who beat him.” Even if everyone knows it, but your evidence is insufficient and you only have eyewitnesses, there is no way to prove it.
Huo Pengfei began to refute. He believed that the defendant was drunk, and based on the reality, a girl could not withstand such a fierce attack.
After hearing this, Fang Dazhuang almost shook his head: "This Huo Pengfei needs to study hard. What's the point of saying this at this time?"
"Zhou Yi, your legal team can't keep going like this. You have to put some pressure on them. Otherwise, if they do a little better in Jingzhou, they'll think other lawyers are just so-so. That's not the right thing to do!"
Lawyer Fang already felt uncomfortable after hearing what Tan Shaohong said before, and as a result, Huo Pengfei was so embarrassing in the court trial!
Zhou Yi didn't say anything. Huo Pengfei was already the most powerful one in Tengda's legal department. Indeed, Tengda's legal staff were not that strong, but now, anyone who knew a little about the law could hear that it was not so easy for Huo Pengfei to talk anymore.
Sure enough, Tan Shaohong quickly said, "The other side's defense claims that our client was drunk at the time, but there is no evidence. The relevant witness testimony also said that he seemed drunk, so it can be said that the people around him were also unaware of what was happening at the time."
The witness testimony was recorded by a witness that Huo Pengfei found later, but the other party said it was just like that. Huo Pengfei thought at the time that it was supporting evidence anyway, and the video was enough, so he didn't take it seriously.
But in court, these two words may affect the probative value of the evidence!
Remember, when looking for witnesses in the future, be clear. If you are sure, you are sure. If you are not sure, then there is no witness. It is that simple. There is no such thing as "seemingly".
Such evidence would be worse than no evidence at all.
In the end, Mr. Fang didn't want to watch anymore. This was not a place to relax, but a place to cause trouble.
"I originally thought Huo Pengfei was pretty good, but look at what's going on now. Key evidence was questioned, and then he lost all his composure."
"Look at him now. Does he still have the mentality of a debater? The first thing to do in a debate is not to rush!"
If it weren't for the consideration of court order, Attorney Fang would have started to criticize long ago.
Zhou Yi and Zhou Xinran looked at each other and shook their heads with a wry smile. It was true that Huo Pengfei was very anxious at the moment. He spoke quickly and hurriedly, and his words seemed a bit incoherent.
Next to Huo Pengfei, in the position of the private prosecutor, Wu Qiuling was also a little curious. To be honest, this was the first time she saw Huo Pengfei like this.
In her mind, Huo Pengfei was always so calm and composed. Whenever the company encountered any problems and other legal staff couldn't figure it out, Huo Pengfei would definitely have a solution.
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