But he was keenly aware of his own limitations. He knew where he fell short in criminal law. Moreover, considering Qin Mu’s brilliant track record in the field of criminal law... he had long been prepared to play the role of a tool.
Seeing his resigned deanor, Qin Mu couldn’t help but roll his eyes. After so thought, he still spoke earnestly, "In past judicial cases, there are very few that resulted in actual imprisonnt. This case is likely to end with a suspended sentence as well."
The cri of abandonnt allows for private prosecution. However, that differs sowhat from the private prosecution of cris like insult or libel. This occurs among family mbers, typically those related by blood. When making judgnts, courts always consider the impact on the plaintiff. For instance, if Feng Cuihua’s four sons were sentenced to actual imprisonnt, taken into custody, and locked up in prison, then in the end, Feng Cuihua would still be without anyone to provide for her. As for expecting relatives like her daughters-in-law to take care of her... that is even less likely. The Civil Code stipulates that spouses have no duty of support towards their parents-in-law. To care for them is a matter of goodwill, but failing to do so is not a cri. The ones obliged to provide support are solely Jiang Daping and his three fellow defendants. Taking all these factors into account, judicial cases often result in suspended sentences with the stipulation of a duty to provide support.
"So the direction of this litigation is to fight to establish the criminal behavior of the four defendants, aiming for a suspended sentence of more than three years as a tougher lesson for them," Qin Mu said in a grave tone, taking a deep breath.
As for whether Feng Cuihua wishes to forgive them in court... that’s their family affair. Not within the scope of his concern.
"I like this litigation direction!" Wang Dachui’s expression lit up, and he nodded repeatedly. After learning about the actions of Jiang Daping and his three accomplices, he too was furious. People who can abandon their own parents... can’t possibly have good characters.
"But we still need to anticipate the defense strategy of their lawyer to avoid being caught off guard," Wang Dachui added, a touch of worry in his voice. "Excellent lawyers do all their howork and preparation before the trial to avoid fumbling during the court session. With Jiang Daping and his three co-defendants facing a private criminal prosecution, they will surely hire the best lawyer they can and prepare thoroughly."
"Let’s simulate it, then," Qin Mu said, not underestimating the task and nodding in agreent.
"Courtroom simulation?" Wang Dachui’s eyes widened as he instantly understood Qin Mu’s intent.
Qin Mu nodded and said seriously, "I’ll play the role of the defense lawyer for Jiang Daping and the other three. Let’s go one on one in defense."
To understand the opponent’s line of thought, the best way was through a courtroom simulation. Indeed, many top law firms perform mock trials before the actual trial to ensure they are well-prepared.
Wang Dachui swallowed hard. He was suddenly stunned. It turned out his opponent... had suddenly beco Qin Mu.
Qin Mu, however, wasn’t preoccupied with such thoughts. "Let’s begin," he said. The two sat facing each other.
They began role-playing, with Qin Mu embodying the defense lawyer for Jiang Daping and his three co-defendants, thodically organizing the defense strategy and process.
After ten minutes of such preparation, he turned back to Wang Dachui, who was still lost in thought, and reminded him, "In our simulation, there’s no judge, so we’ll start directly with the statent of claim."
Following normal procedure, the panel of judges and other judicial officers would enter the courtroom, and court discipline would be read before the plaintiff’s statent of claim.
Wang Dachui snapped back to reality and said hastily, "Our side accuses the defendants, Jiang Daping and the other three, of not having..." He restated the claim he had prepared earlier, also accusing the other side of criminal behavior.
No sooner had he finished speaking than Qin Mu forcefully interjected, "Our side asserts that our defendants did not commit abandonnt. The four defendants have family conflicts with Feng Cuihua, which led to estrangent, but this does not constitute the cri of abandonnt."
Defensively, he tried to negate the act of abandonnt outright. Only by doing so could "his clients" possibly escape criminal liability.
Wang Dachui swallowed again. From Qin Mu’s rebuttal, it was clear that whether the act constituted the cri of abandonnt would be the focus of the trial.
Imdiately, he started listing all the evidence they had gathered, and Qin Mu countered each piece of evidence in turn. Faced with the pressure from Qin Mu, he refused to show weakness and kept up the fight.
The evidence presentation and cross-examination stages lasted for half an hour. The two entered the most critical free debate stage. In this stage, Qin Mu launched a full counterattack, bringing forth a series of defense argunts.
"Firstly, regarding the objective elents of the cri of abandonnt, the victims are specifically three types of individuals. They are: those who, due to old age, disability, illness, and the like, have lost the ability to work and have no ans of living; those who have ans but cannot care for themselves due to sickness, old age, or disability; and those who, because of youth or ntal disability, lack the ability to live independently. Anyone not falling into these three categories cannot be a victim under the cri of abandonnt. And although Feng Cuihua is elderly, she receives a subsistence allowance and has a modest source of inco; therefore, she should not be considered an objective victim of abandonnt."
"Secondly, the criminal law’s stipulation on the cri of abandonnt is that the motive behind such criminal acts must be intentional and contemptible, such as treating the elderly as a burden. However, our clients’ falling out with the elderly person was due to a misunderstanding, leading to strife. While perhaps borne out of grudge, it was not an intentional refusal to provide support. From a legal standpoint, there was a reason for their motive, and from a common-sense perspective, their actions are understandable."
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