Han Shen and Fu Hong knelt together. Next to them stood an old man with a goatee. His eyes were sunken and his face was wrinkled. He looked calm in the face of danger and seemed to be an experienced litigator.
The lawyers standing on Feng Shu's side are Lin Zhongchun and Sun Zhaozhou. Both of them have certificates as practicing lawyers and can go to court to argue for Feng Shu.
It was originally planned that Lin Zhongchun would be the one on his own, but Sun Zhaozhou also needed to gain internship experience, so they asked Lin Zhongchun to assist him.
Three people make a tiger, and one more person means one more mouth.
The county magistrate said: "Before the court session, both of you have sent me the lawsuit and the defense. I have basically understood the plaintiff's lawsuit. Now it is up to the plaintiff to once again state the basic facts of the case and the claims.
"
The lawsuit was written by Sun Zhaozhou and polished by Lin Zhongchun.
Although most of them had been modified by Lin Zhongchun, Sun Zhaozhou could already understand the basic structure of the lawsuit.
Holding the copy of the lawsuit in his hand, Sun Zhaozhou's hands were shaking violently, but his voice did not tremble at all: "It's February 11th, 2020. Defendant Han Shen and Fu Hong conspired to drug the plaintiff Feng Shu's miscarriage, causing the plaintiff to give birth prematurely.
.Because of the two defendants, the plaintiff’s daughter almost never was born. Therefore, our appeal is as follows:
First, in accordance with Article 224 of the new laws of the Jing Dynasty regarding the crime of murder, the defendants Han Shen and Fu Hong were punished.
Second, the court ruled that the marriage between the plaintiff Feng Shu and the defendant Han Shen was invalid, and the child was brought up by the plaintiff Feng Shu.
Third, the costs of this court trial shall be borne by the defendant.”
The crime of murder, to put it simply and concisely, refers to intentional planning to kill.
Article 224 of the laws of the Dajing Dynasty stipulates that intentional homicide can be defined as murder, that is, a planned killing, which is a crime of murder and shall be punished by beheading.
Han Shen and Fu Hong's target is the child in Feng Shu's belly. Simply accusing Han Shen of domestic violence may not allow Feng Shu to escape from it.
Moreover, it was not just Feng Shu's idea that decided to charge Han Shen and Fu Hong with murder.
The topic of this debate is the debate on whether unborn fetuses have the right to life.
This is not only a question of whether intentional harm to the mother, that is, Feng Shu, is established, but also a question of whether the child's right to life exists.
The protagonist is Feng Shu’s daughter.
Han Shen looked at Sun Zhaozhou bitterly, and the more he looked at him, the more familiar he felt. He came to him before, saying that he wanted to cooperate with him, but now he was standing on the opposite side of him, standing with his wife, and
He also held the complaint against him in his hand.
Thinking about it, it was all a conspiracy to say that he wanted to cooperate with him before he came here. He just wanted to find evidence and then sue him, right?
This is really ironic!
County Magistrate: "Now, the plaintiff will take the lead in presenting evidence. When I allow the defendant to speak, the defendant will make another argument. Let the plaintiff begin to present evidence."
"Evidence one, the marks on the tables, chairs and benches of the Han Residence." Lin Zhongchun said, "The scratches on the tables, chairs and benches of the Han Residence can prove that the bruise on our stomach was caused in the Han Residence, and it also caused damage to our client's daughter.
Threat is one of the risk factors."
While she was talking, the yamen servants had already brought up the tables, chairs and benches she mentioned.
Han Shen knew that the other party would have some evidence, but he never thought that the evidence would be in his house. Those people also moved their belongings to the court. It was outrageous and even deceiving!
He opened his mouth to speak, but was stopped by the eyes of the lawyer he hired.
It's not yet time for them to speak, and if they speak rashly, the county magistrate will slap them on the wall as a warning.
County Magistrate: “Does the defendant have any defense?”
The lawyer Han applied for said: "Yes. First of all, these tables, chairs and benches are not evidence that can be brought in court, because the ownership of these things belongs to our client, and our client has no knowledge of the evidence they brought up.
Secondly, at that time, the fetus did not have an independent personality in the plaintiff’s womb. Therefore, even if we caused danger factors to the child, it would not infringe on her independent personality. Therefore, the evidence cited by the plaintiff cannot accuse us.
.
In the end, we insist that in the absence of substantial evidence, the bruises on the plaintiff’s stomach cannot be proven to be caused by our client. The above are all my defenses.”
Magistrate: “Plaintiff?”
Lin Zhongchun: "On the issue of whether unborn children have independent personalities, if this gentleman has not carefully read the new legislation issued by the Jing Dynasty, then I suggest you read it again. Unborn fetuses are divided into
Stillbirth and live fetus, the fetus that is born is called a live fetus, that is, a child that is born successfully.
In the environment of the mother's body, a child who is born successfully also has an independent personality, because after she is born successfully, she can inherit what she had before.
Just like in an inheritance, someone designates the fetus in someone's belly to inherit his inheritance. If the child is born successfully, he can inherit the designated property. If the child is not born smoothly, the property will belong to the heir in line. According to this
Logically speaking, children’s independent personality can also be applied here.”
The county magistrate nodded in approval. He felt that what Lin Zhongchun said was reasonable. He looked at the defendant's lawyer and said, "Have you read carefully the new laws of the Jing Dynasty?"
The litigant paused. He looked at it and found that the facts were the same as what Lin Zhongchun said: "My lord, Xinlu Caomin has looked at it. However, their evidence is illegal and should be excluded."
County Magistrate: "Does the plaintiff still have a defense?"
Lin Zhongchun nodded: "My lord, husband and wife are one and the same. Before the judgment on divorce was issued, our client and Han Shen were husband and wife. The husband and wife had the right to control the common property. The ownership of this set of tables and chairs not only belongs to
Han Shen is alone."
"What you said makes sense." The county magistrate supported her statement, "The first piece of evidence is valid evidence. The plaintiff, please continue to present evidence."
Lin Zhongchun assigned the debate on the second piece of evidence to Sun Zhaozhou.
If he wants to learn how to be a lawyer, he must practice. This is a good time for him to practice.
Sun Zhaozhou was a little nervous, especially when he changed his catchphrase.
He took a deep breath and said: "Our second piece of evidence is the witness Wang Kun."
Wang Kun, his great son!
Because he already knew the contents of the lawsuit and the evidence catalog in advance, he was not surprised at all that his son's name appeared in court. He also inquired about this matter with his son carefully.
He did not touch the woman's belly at that time, but because he was too scared, he left the scene.
He knew all this.
However, the specific situation has to wait until he comes to court to explain clearly.
The county magistrate clenched his fist and said, "Declarator Wang Kun, come forward!"