Too Bad I Take Things Seriously
Chapter 646 - 244 Why is Zhang Wei defending again?_3
...
「Jin City.」
「The nursing home.」
Zhang Qingyuan and the others lifted their heads, watching as the public prosecutor listed each piece of evidence. Their breathing was slightly rapid, their complexions somewhat flushed.
"Carried the melons away right in front of them? And there was a cart too? Did they treat someone else’s hard-earned pumpkin patch as their own backyard?"
"They were caught, and yet they sought revenge. Did they expect to get away with it?"
"The key was that they dared to go during the day; they were utterly fearless. There were both men and women. Are they really so desperate for that little bit of money?" 𝙧𝙚𝙚𝔀𝒆𝓫𝓷𝙤𝓿𝒆𝙡.𝒄𝙤𝓶
"What about their children? Could it be they’re too embarrassed to show up?"
"Right, didn’t they have their younger family members sell the pumpkins earlier? Are those who sold the pumpkins... all their children?"
"..."
Subtly, everyone’s blood pressure seemed to spike.
Such comprehensive evidence... It was enough to prove they hadn’t been wrongly accused.
They truly had gone to Hu Wenning’s pumpkin field and stolen pumpkins.
They had even taken the pumpkins away during the day, right in front of Hu Wenning.
And Hu Wenning hadn’t dared to stop them. She could only let them leave.
The defense strategy Zhang Wei found... is really precise.
Within the crowd, Qin Mu’s focus differed from the rest; he paid close attention to Zhang Wei’s performance throughout.
In this case, Zhang Wei, acting as counsel for Zhao Dezhu and the others, didn’t rush to clear their names. Instead, he shifted the defense’s focus toward the crime of theft.
The charge of robbery carried a severe punishment. Intentional destruction of others’ property was also not taken lightly.
Moreover, this case was quite special, as Zhao Dezhu and the others had gone to the pumpkin patch multiple times. They had committed theft more than once.
Therefore, their actions could very likely be subject to the principle of cumulative punishment rather than the ’absorption principle,’ where they would only be punished for the single most serious offense.
Stealing pumpkins was one thing. Taking pumpkins in front of the victim was another. Destroying pumpkins at night was yet another matter.
These were not isolated incidents but part of a continuous pattern of criminal activity.
And Zhang Wei’s defense was very simple and clear. He directly classified the crimes of robbery and intentional destruction of property under the crime of theft, increasing the chance of obtaining the maximum sentence reduction.
If successful... they would only need to be sentenced for theft and the crime of provoking trouble.
One crime was punishable by up to three years, the other up to five years.
Under the principle of cumulative punishment, each defendant’s sentence could be reduced to around two to three years.
Combined with their status as elderly persons... they would most likely be eligible for probation.
BANG—
On the screen, the Judgment Chief struck the gavel.
After the public prosecutor had presented all the evidence, he looked back at Zhao Dezhu and the others.
He inquired, "Do you have any objections to the evidence just presented by the public prosecutor?"
Currently, the evidence had been authenticated by professional departments and was not fabricated.
The court could accept it.
As the defendants, they also had the right to question the evidence and request a legal review.
"Judgment Chief, honorable judges, our side believes that the evidence just presented by the public prosecutor only proves that our clients committed theft."
Next to Zhao Dezhu and the other two, Zhang Wei immediately stood up. He bowed first and then proclaimed loudly, "This evidence consists primarily of videos."
"The videos do demonstrate that our clients indeed stole pumpkins multiple times, taking them for themselves."
"As for the charge of robbery..."
He paused, then began his defense, "In this piece of evidence submitted by the public prosecutor, it only shows that Ms. Hu Wenning attempted to dissuade the elderly from their actions, but during their communication, our clients did not resort to violence, nor did they coerce the other party."
"In criminal law, robbery is among the most egregious offenses against property, carrying the most severe penalties."
"It refers to the act of forcibly taking public or private property for the purpose of illegal possession, using violence, coercion, or other methods."
"However, in the videos, we can see that our clients did not use any form of violence or coercion to forcibly take the property."
"Most of our clients are elderly people in their seventies or eighties, with many even over eighty. Their physical capacity and ability to pose a significant threat were insufficient to intimidate Ms. Hu Wenning."
"She watched the elderly take the pumpkins, likely more out of consideration for their advanced age and frailty than out of fear of coercion."
"Therefore, regarding the essential elements of the crime, our clients’ actions do not constitute robbery."
Regarding this piece of criminal evidence, he conducted a comprehensive analysis and outright refuted the robbery charge.
The primary criterion for establishing robbery is the presence of violent acts or coercive measures.
The elderly defendants clearly lacked the physical strength, negating the possibility of coercion.
It would be unreasonable to impose such a grave charge, which carries severe penalties, upon them, as this would contravene the legislative intent behind the crime of robbery.
Meanwhile, in the nursing home, everyone who heard Zhang Wei’s argument widened their eyes.
"This Zhang Wei... whose side is he on? Taking things right in front of someone, and it’s not considered robbery?"
"I remember that time we went fishing, the piece of Ancient Wood Xiao Qin caught was taken right in front of everyone, and that was considered robbery."
"That was robbery, so why isn’t this?"
"Xiao Qin, what’s going on here?"
"..."
Zhang Qingyuan and the others turned to face Qin Mu, their expressions full of puzzlement.
Even Wan Zhongyuan looked surprised. Obviously, he too was confused by Zhang Wei’s statement.
"The crime of robbery requires violent actions or coercive methods, preferably under conditions where there is a significant disparity in strength between the two parties."