"The law is strong and a powerful weapon to deter and combat illegal and criminal activities!"

"But at the same time, the law also has a temperature!"

Luo Dazhuang took a deep breath and said slowly: "The legal provisions are there, they are just ruthless words, but when enforcing the law, there can be warmth."

"When I visited Xima Village, I learned from the villagers that the victim in this case, Ma Ergang, was not only domineering in the village, but at least no one dared to mess with him."

"And this person has a perverse personality and is a refined egoist who never cares about the feelings of others."

"His sheep often eat the villagers' crops and trample the farmland, causing considerable property losses to the villagers. Zhao Fushun is not the first, and he will not be the last."

"This can also be confirmed by the witness just now."

At this point, Luo Dazhuang paused for a moment before continuing: "In this case, our client's approach may have been ill-considered, but his starting point was just to protect his crops from damage. I don't think he should be blunt.

He should be labeled as guilty of releasing dangerous substances."

The prosecutor frowned and fell into deep thought.

There is a huge difference between Luo Dazhuang's remarks and his inner knowledge and understanding of the law.

This gave him a strong psychological impact.

Think for a moment.

The prosecutor slowly spoke: "There is nothing wrong with protecting your crops, but you can choose a more legal and compliant way. The practice of releasing poisonous corn is too extreme, and it does pose huge safety risks."

Luo Dazhuang sighed and said: "It's not that our client has never used other methods. He negotiated with Ma Ergang many times, but to no avail."

"He went to the village committee to report the situation. The village committee came forward to persuade Ma Ergang, but it had no effect."

"He also called the police at the township police station, but the police could only criticize and educate him verbally. Ma Ergang readily agreed in front of the police, but as soon as the police left, he continued to go his own way."

Luo Dazhuang's voice became a little deeper.

"Ma Ergang was in his prime and had a large number of clan members in Xima Village. He acted without any scruples and only cared about his own happiness."

"And our client is just an old man who is nearly seventy years old. He has no children and no close relatives in the village..."

"How desperate must he feel when his property is damaged and he has no way to defend his rights?"

"What do you want him to do? What else can he do! Those acres of land are his only source of income, and those crops are his only guarantee of life. He just wants to live. What's wrong with him!?"

These words are shocking.

Zhao Fushun couldn't help but burst into tears and quietly wiped away his tears.

No one can understand firsthand how difficult the life of a lonely old man is.

Coupled with being bullied by the village bully...

All kinds of hardships are unimaginable to others.

At this moment, Zhao Fushun, an old man who had been strong all his life, was poked in a painful spot and could no longer hold back his tears.

In the auditorium.

Father Jiang and Mother Jiang also have slightly red eye circles.

"We will go to my uncle's house more often in the future and pay more attention to him." Mother Jiang whispered.

"Um."

Father Jiang nodded heavily.

In court.

The prosecutor still did not give up: "No matter what the motive was, the defendant's poisoned corn caused the poisoning of thirteen sheep in Ma Ergang. This is an indisputable fact!"

"The defendant should bear responsibility for this!"

Luo Dazhuang smiled slightly and came up with another idea: "This case should be regarded as a 'justifiable defense' in a civil case."

"Article 181 of the Civil Code stipulates that no liability shall be assumed if damage is caused due to legitimate defense."

justifiable defense!

This is a legal concept.

Jiang Bai is no stranger to this. In the previous incident of chasing a thief to death, he and Meng Bo were ultimately judged to be acting in self-defense and did not need to bear responsibility for the thief's death.

However, Jiang Bai believes that legitimate defense only exists in criminal cases, and refers to actions taken against a person who is committing unlawful infringement to stop the unlawful infringement.

If it can be determined as legitimate defense and thus causes damage to the illegal intruder, he will not be held criminally responsible.

He really didn't know that there was a provision for self-defense in the civil law.

The prosecutor's eyes flickered twice, as if he was recalling something.

Luo Dazhuang continued: "Legitimate defense in criminal law is a legitimate counterattack against infringement of a person's person, while legitimate defense in civil law can be a counterattack against another person's property."

"Legitimate defense in civil law can be a defense against the danger faced, but the danger is slight and does not require the defender to respond in a short period of time."

"Otherwise, emergency evacuation regulations should apply."

"In this case, our client's farmland and grain were in danger of being trampled and eaten by Ma Ergang's sheep, and this danger had actually occurred many times before the case."

"In this case, the measures taken by our client were legitimate defense, and there is no need to bear responsibility for the damage caused thereby."

"Therefore, our client is not only not guilty of the crime of releasing dangerous substances, but also does not need to bear civil liability for Ma Ergang's property losses!"

"That is, not guilty and exempt from liability!"

Not guilty, no criminal offense committed.

Disclaimer and no civil liability!

This is the ultimate goal of Luo Dazhuang's lawsuit.

The prosecutor lost his composure and said quickly: "Even if the defendant is not found guilty of throwing dangerous substances, he caused Ma Ergang's property damage after all, so he still has to pay compensation, right?"

"Why? I just want to ask, why should we compensate?" Luo Dazhuang asked.

"this……"

The prosecutor was speechless for a moment.

Luo Dazhuang continued: "I have already said that this is legitimate defense, so anyone who causes damage does not need to bear responsibility. The Civil Code has clear provisions!"

"Since there is no need to bear responsibility, why should my client be asked to compensate?"

Luo Dazhuang spread his hands - this is one of his signature moves.

Then he continued:

"Furthermore, it is entirely his own responsibility that Ma Ergang's sheep was poisoned."

This chapter is not finished yet, please click on the next page to continue reading the exciting content! "Our client has fulfilled his obligation to remind, not only erected a warning sign in a conspicuous position, but also specifically reminded Ma Ergang and informed the other party that the ground was littered.

Poison corn.”

"Under such circumstances, Ma Ergang still allowed his sheep to enter our client's farmland. Can I understand that the situation where the sheep were poisoned to death was something he could foresee and hoped to happen?"

.”

"In this case, Ma Ergang should bear the responsibility if the sheep is poisoned."

"What does this have to do with our client?"

"Why should our client be held responsible for this?"

These words left the prosecutor completely speechless.

Reasonable and convincing.

"What the hell is that lawyer with glasses talking about?"

"Oh! I finally understand. Seeing what he means, old man Zhao not only doesn't have to go to jail, he also doesn't have to pay Er Gang a penny!"

"I have long heard that lawyers are all evil-minded and will serve whoever pays them. In their mouths, black can be said to be white and bad can be said to be good. Bah! Disgusting!"

"It's so disgusting!"

"..."

There were whispers in the auditorium.

These people are all related to Ma Ergang, so they are naturally on his side.

After hearing Luo Dazhuang's remarks, he immediately became unhappy.

"Boom!"

"Quiet! Please abide by court discipline and maintain court order!"

Pan Zhaoming banged his gavel and warned.

The comments from the audience gradually died down.

Luo Dazhuang continued to elaborate on his point of view.

On the one hand, we work from a judicial perspective and support Zhao Fushun's claim of innocence through an in-depth interpretation of legal provisions and judicial interpretations.

On the other hand, from the perspective of humanistic care, it calls for law enforcement to be warm.
To be continued...