Chapter 104: Chapter 104 The defendants quarreled in court!
As soon as this statement was made, the entire courtroom was taken aback. It was beyond everyone’s expectations.
Even Qin Mu had not anticipated that Zhang Wei still had such a trick up his sleeve!
This case involved multiple individuals inciting a joint offense and was not a solitary crime.
Therefore, during the trial, it was necessary to consider both the principal offenders and the accomplices.
Principal offenders were naturally punished more severely, with heavier sentences.
As for accomplices in criminal cases, considering they were not the primary perpetrators, their punishment would generally be reduced, lightened, or even waived.
In this case of poisoning by spitting in the takeaway food, Liang Shuqi had taken the initiative to tamper with the takeaway, spit in it, and then deliver it. By rights, he should be considered the principal offender for these actions.
However, Zhang Wei continued, "According to the judicial interpretation regarding the identification of principal offenders and accomplices, the rules state: ’In criminal activities, those who play a major role and directly lead to the occurrence of the criminal activity.’
"Our client, although he had received a bad review, had already vented his frustration at the other party’s doorstep. Afterwards, if no one had ’guided’ him, he most likely would have let the matter rest, and it would have ended there.
"But due to the ’constructive suggestions’ of eight internet users in the comment section, coupled with many others agreeing, they incited our client, leading him to develop the motive to spit.
"These eight individuals should bear the primary responsibility for this incident and should be recognized as co-principal offenders."
Zhang Wei’s voice was clear and resonant. In the courtroom, he eloquently shifted all blame for the poisoning offense onto the eight instigators.
And Liang Shuqi, consequently, was cast as an accomplice who had been misled and acted out of sudden anger and a desire for revenge.
"Brilliant!"
From the plaintiff’s bench, Wang Dachui watched Zhang Wei’s defense process and couldn’t help but utter a low cheer.
In fact, criminal defense differs from civil defense. Especially in criminal cases prosecuted by public authorities, the defense loses almost eighty percent of the time. Generally, these cases are based on conclusive evidence, and wrongful convictions are rare.
What tests a criminal defense lawyer is, on one hand, finding loopholes in the evidence to exonerate the client. On the other hand, in a case seemingly destined to be lost, it’s about finding mitigating circumstances to secure a lighter sentence.
This time, the point Zhang Wei raised regarding principal offenders and accomplices was indeed a breakthrough.
The boundary between joint instigators and principal offenders has always been vague. It’s not easy to discern who is the principal offender and who is the accomplice.
"Your Honor!"
At that moment, the prosecutor sensed a shift in the courtroom dynamics and stood up again. He said gravely, "The argument put forth by the opposing counsel involves individuals not present in this court. I request that the eight suspected instigators be summoned."
He didn’t rush to rebut immediately, as this case had broad implications. In terms of motive, it involved eight online instigators, so a hasty judgment couldn’t be made.
Zhou Quanmin and several other judges exchanged glances and nodded. Subsequently, they instructed the bailiffs to bring the eight suspected instigators, who were waiting, into the courtroom. They were positioned in the second defendant’s dock, near Liang Shuqi.
It was the first time these eight people were in court, and each of them looked quite nervous. One seventeen-year-old girl was continuously biting her lower lip, her complexion somewhat pale.
Accompanying them was a middle-aged legal aid defense lawyer, Bo Xingxian, who was also representing all eight of them.
After being apprehended from various parts of the country and brought to Jin City, they had been detained in the detention center. Their relatives had not immediately found defense lawyers for them. Therefore, the People’s Court had notified the legal aid organization, and a criminal defense lawyer was appointed for the eight.
This defense lawyer, Bo Xingxian, was also somewhat bewildered at this time. He had thought they would have to wait a while longer before it was their turn to appear in court. He hadn’t expected it to be their turn so soon.
BANG!
The gavel sounded.
Zhou Quanmin spoke in a deep voice, "To the second defendant party, the first defendant party now alleges that in this poisoning case, you are the principal offenders. Do you have any objection?"
Bo Xingxian was stunned for a moment and didn’t react immediately.
Meanwhile, Zhang Wei repeated his defense strategy from just before.
After listening, Bo Xingxian could no longer sit still. He immediately retorted, "Your Honor, the person who carried out the act was Liang Shuqi. My clients merely made statements online.
"While their statements indeed triggered Liang Shuqi’s motive to spit, Liang Shuqi is an adult capable of independent criminal responsibility, and he should have been aware of the consequences of his actions.
"Our judicial interpretations also state that even if someone is passively involved in instigation during the preparatory stages of a crime, if they play a principal role during the commission of the crime, they should be considered the principal offender."
He refused to back down, countering Zhang Wei’s arguments point by point.
Zhang Wei, calm and composed, continued to present evidence. "In our country’s judicial practice, there have been numerous cases of theft and other crimes where the principal offender was the one pulling the strings behind the scenes, not physically participating in the criminal act.
"Similarly, in this case, my client was incited and directed by others into acting irrationally.
"In this criminal activity, the role of the instigators was far greater than that of my client..."
Zhang Wei emphasized each word, shifting all responsibility for the poisoning offense entirely onto these eight online instigators.
Meanwhile, in the second defendant’s dock, the eight individuals looked at each other, their expressions growing increasingly grim. Although they couldn’t understand the legal jargon, they could roughly discern that the opposing lawyer was shifting the primary responsibility for the case onto them!
"Liang Shuqi! Are you even human? We spoke up for you back then, and now you’re pinning the blame on us?"
"Tsk! It’s often said that every pitiful person has a detestable side. We never should have sympathized with someone like you in the first place!"
"We were merely instigating online! How did we suddenly become the principal offenders?"
"Disgusting! You’re truly disgusting! We were just mouthing off online, and you actually went and spat. How can you blame us for that? If we told you to go murder someone, and you did, would that be our fault too?"
"..."
Among the eight, Liu Qiang and others pointed at Liang Shuqi, who was a meter away, and cursed fiercely, their eyes meeting angrily. They were also in the defendant’s dock, very close to each other. This was also their first time seeing the "delivery boy" they had sympathized with online.
Liang Shuqi, being cursed at so directly by so many people, also wore a very ugly expression. But in order to get acquitted, he still mustered the courage to retort, "After I posted that video, I was ready to let it go! If you hadn’t suggested spitting, I would never have done such a thing!
"You band of internet saints, did you really think suggesting that was out of sympathy for me?
"At the time, some saint even said they would help me crowdfund. But what happened? Not even one hundred yuan was raised!
"All you did was showcase your supposed kindness online for everyone to see, while in reality, your attitude towards us delivery boys is worse than anyone else’s!"
At this point, the more he spoke, the angrier he became. He increasingly felt that he had been sent to prison solely because of these internet keyboard warriors!