Chapter 37: Lesson Four: Adapt to Changing Circumstances
Beidu.
Su Bai and Li Xuezhen walked out of the high speed railway station, took a taxi, and went directly to Beidu University of Political Science and Law where they had arranged to meet Luo Daxiang.
Inside the office of a law professor.
Luo Daxiang warmly greeted Su Bai.
"Hello, Lawyer Su."
"Hello, Teacher Luo."
Su Bai responded with equal warmth.
Luo Daxiang was not only a legal commentator but also a senior professor of law who had made achievements in the field of criminal law and had a gentle disposition.
Inside the office.
Luo Daxiang sat on his office chair facing the sofa where Su Bai sat, while Li Xuezhen sat to Su Bai's right.
"Lawyer Su, the reason I invited Baijun law Firm to handle this public prosecution case is mainly because I cannot personally participate in the trial proceedings, and some of the top criminal lawyers I know were unwilling to accept this public prosecution case."
"After all, it is a capital punishment case, although it could enhance personal reputation and the reputation of a law firm, these top criminal lawyers themselves do not lack reputation, and after observing your two trials I considered them quite good, so I attempted to contact your law firm."
Su Bai smiled slightly: "The reason is not important, what is important is that I have agreed to accept this case."
"Since I have accepted it, I must be responsible to the client."
"I have already gained a general understanding of the case, but further communication is required with the client's parents and with the client."
Luo Daxiang nodded with a smile: "The opposing counsel in this public prosecution case is a well known prosecutor in Beidu, do you not wish to continue discussing it with me?"
"If Teacher Luo is willing to offer guidance, I would naturally be willing."
Each criminal lawyer considers cases from different perspectives.
Sometimes different proposals and different legal angles become very important in courtroom debate.
As a top criminal law expert, Luo Daxiang's analytical perspective was naturally something Su Bai was willing to hear.
Luo Daxiang nodded slightly and continued speaking:
"I had already paid attention to this case during the first instance trial, and it has certain connections with me."
Luo Daxiang then recounted the case once again.
The case concerned a young university student who had a conflict with two aggressive individuals from society.
Under the attack of the opposing parties.
Inside a shopping mall, he used a knife in his possession and killed both individuals.
In panic he also left the primary crime scene.
This final point was also the most critical and most important!
He left the primary crime scene!
Leaving the primary crime scene after committing homicide significantly affected the evaluation of subjective intent.
It greatly influenced the attitude of the Presiding Judge.
In the first instance judgment, the conduct was determined to constitute intentional homicide, and because two people were killed and the harm was serious, a sentence of death and deprivation of political rights for life was imposed.
The deprivation of political rights for life, except in certain special cases, often accompanies a death sentence, and therefore this point was not particularly significant.
Luo Daxiang further explained the process of how the case occurred in detail.
Su Bai nodded slightly.
"Teacher Luo, how do you view this case?"
"This case has considerable influence on the internet, some people say it constitutes excessive defense, while others say it constitutes intentional homicide, and according to the judgment of the first instance court, it must be interpreted from the perspective of legitimate defense."
Su Bai nodded.
This case indeed needed to be approached from this perspective, but he had other ideas.
In a public prosecution case involving the killing of two individuals and resulting in their deaths.
It was difficult to handle.
Although it was difficult, he already had a general idea in mind that still needed confirmation.
At this time Luo Daxiang continued to remind him:
"The influence of this case is even greater than that of the Nandu Bank case, and the trial proceedings will be broadcast live by the Beidu Higher People's Court."
"The prosecutor in this public prosecution case is very capable, and in the previous defense the lawyer argued from the perspectives of legitimate defense and negligent defense, but because of the prosecutor's arguments they did not receive the support of the Presiding Judge, so you must be psychologically prepared that regardless of the final result of the case, I will still introduce legal resources in Nandu to you."
The corner of Su Bai's mouth lifted slightly: "I am not certain whether this case can be determined as legitimate defense, but it certainly should not result in a death sentence."
For Su Bai, since he had chosen to accept this case, he had already prepared for the worst possible judgment outcome.
Whether he could completely prevail was not the key issue.
The key issue was how much he could prevail.
After leaving Luo Daxiang's office, Su Bai and Li Xuezhen found a hotel and checked in.
~~~~~
In the afternoon.
They arranged to sign an entrustment agreement with the client's parents.
During the meeting.
The client's parents had reddened eyes and looked directly at Su Bai.
"Lawyer Su, we entrust our child to you."
The two of them made as if to kneel.
Su Bai hurriedly supported them: "This is my responsibility as entrusted counsel, and I will certainly make my greatest effort to help you obtain the best possible result in this case."
After more than ten minutes.
Their emotions finally stabilized.
They signed the entrustment agreement, and the attorney's fee was not high, only twenty thousand yuan, and the client and the client's parents could not provide more attorney's fees, a matter that Luo Daxiang had already informed Su Bai about in advance.
What Su Bai valued was not the attorney's fee for this case but rather Luo Daxiang's professional network, because once such relationships were established and cases increased, attorney's fees would naturally increase as well.
The subsequent development was far more important than the attorney's fee for this single public prosecution case.
"Lawyer Su, should we go look for evidence?"
After the client's parents left, Li Xuezhen asked.
"Evidence?"
Su Bai shook his head.
"There is no need to search for evidence, during the first instance the prosecution had already gathered evidence, and they gathered it more thoroughly than we could, we only need to examine the details within the prosecution's evidence and analyze the legal provisions."
For this type of public prosecution capital punishment case, since the first instance judgment had already been completed, there was no need for them to search for evidence.
It was sufficient to examine the files from the first instance proceedings.
Interpreting legal provisions and persuading the Presiding Judge was the most critical issue.
This was also one of the reasons such public prosecution cases were difficult.
The evidence was conclusive.
"However, we still need to meet the client."
"Then shall I go buy cigarettes?"
"Lawyer Su, I remember that the first lesson was about social propriety, correct?"
Li Xuezhen's eyes were clear and sincere.
Su Bai curled the corner of his mouth slightly and praised her: "Very good, you remember clearly."
"Then do you remember what the second and third lessons were?"
Li Xuezhen smiled sweetly when praised: "The second lesson was to handle matters after receiving payment, and the third lesson was that the angrier the opposing lawyer becomes, the greater our probability of success."
"Then I will now teach you the fourth lesson, which is called adapting to circumstances."
"Adapting to circumstances?"
Su Bai explained: "This is Beidu and it is different from Nandu, this is not our territory, do you understand? We should simply follow normal procedures and avoid unnecessary actions."
A capital punishment defendant.
That was a specially supervised individual, and such matters could not be resolved merely by bringing cigarettes.
Following normal procedures would be sufficient.
"Oh, alright, Lawyer Su, I understand."
"The fourth lesson is to adapt to circumstances, I will remember it."
Li Xuezhen's expression became serious as she nodded carefully.
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