bookbashuk Chapter 7 Private Prosecutor
Chapter 7 Private Prosecutor
Are you alright?
After Liu Xi was taken away by security, Yu Xingge was finally able to go over and properly express her gratitude. She extended her right hand and said, "Thank you for your righteous help. If it weren't for you, I would have gotten a good beating on my face today."
Their hands touched briefly before parting. Following modern etiquette, they first added each other as WeChat friends. Ji Zhijie politely declined Yu Xingge's invitation to dinner, thanking him for his help, but her eyes shone with a glint of light: "Xiao Ge, it's best to be cautious on your first case, especially regarding your personal safety."
Yu Xingge: "...Xiaoge is a nickname, please just call me Yu Xingge."
Ji Zhijie had something to attend to and quickly checked out of the hospital. This incident seemed to pass quickly on the surface, but it dealt Zuo Chujing a heavy blow. What she thought was meticulous care turned out to be all ulterior motives. Ever since the incident with Yu Xingge, Liu Xi no longer concealed his intentions, spending his days either mocking her or being sarcastic towards Yu Xingge. He would offer a few words of comfort when he was in a good mood, but the rest of the time he would relentlessly use manipulative tactics. She quickly realized that expecting this man to change for the better was impossible, absolutely impossible.
Gradually, she gave up hope and began lying in bed all day without replying to a single word. To avoid upsetting her, Yu Xingge decisively returned to the law firm, relying on daily phone calls with Gu Ping to provide guidance on witness testimonies and refine the appeal process.
After all, it was her first court hearing, and she was a little nervous on the day of the hearing.
Yu Xingge followed Zhou Yuxuan, and after the security guard checked her intern lawyer's certificate, they entered the Ruanshui County People's Court. A dark red national emblem was inlaid in the center of the two-story building, its dark color reflecting off the mottled gray walls under the blazing nine o'clock sun, exuding a chilling aura. This was the second time the two of them had been here.
Two weeks after the case was accepted, the Criminal Division of the Ruanshui County People's Court served Liu Xi with a copy of the complaint at her address. Liu Xi quickly learned of this through a phone call from her mother and disappeared from the hospital room without a trace. Later, it was heard that she had submitted a statement of defense, and the court notified both parties to exchange evidence on Monday. In their last unpleasant meeting, Liu Xi and her mother, Fang Qing, were speechless in the face of the testimonies, medical records, and diagnostic certificates submitted by Yu Xingge. Apart from saying that the two had not registered their marriage and were still boyfriend and girlfriend, their words were rather weak and ineffective.
however……
Zhou Yuxuan nudged her with her elbow and whispered to the three people coming from the opposite direction, "See, I told you they would definitely hire a lawyer when they go to court."
Yu Xingge followed the direction and saw a man in his early twenties wearing a lawyer's robe walking briskly beside Fang Qing. He paused after meeting Yu Xingge's gaze, but quickly turned his head away.
"An intern lawyer..."
In the instant they brushed past each other, Yu Xingge clearly heard Liu Xi's disdainful words. Her back, which had been sweating from nervousness, dried instantly.
"Don't take this kind of person to heart," Zhou Yuxuan tried to comfort him.
"Attorney Zhou, I have gained some more confidence now."
"Ah!" He exclaimed in disbelief.
Yu Xingge blinked: "He looks down on me, doesn't he?"
The two of them burst into laughter.
Liu Xi's contempt and the fleeting sense of satisfaction he felt quickly vanished during the trial. The lawyer his mother had hired from Shangyu City, who had spent a fortune to find him, assured him that the man named Yu Xingge, a mere intern lawyer, was completely incapable of speaking in court.
However, after the stern-faced presiding judge in the center announced the start of the trial, she stood up and began to speak eloquently.
"The plaintiff, Zuo Chujing, and the defendant, Liu Xi, had a de facto marital relationship. They held a wedding ceremony in February 2021 and began cohabiting, maintaining this de facto marital relationship for two years. From February 2021 onwards, the defendant subjected Zuo Chujing to prolonged acts of abuse and insults, specifically as follows:"
Physical abuse: restricting the defendant's personal freedom, such as going out normally and making friends and visiting people;
Verbal abuse: He publicly insulted and belittled Zuo Chujing on more than one occasion in the village, severely damaging her dignity.
Psychological torture: Threatening and intimidating Zuo Chujing not to tell her family, forcing Zuo Chujing to eat leftovers, threatening her to die, and demanding that Zuo Chujing commit suicide, etc.
"You're talking nonsense!" Liu Xi cursed. "When did I ever mistreat her?! Your Honor, she's making this up!"
"Silence! The defendant has not yet had time to speak," the presiding judge promptly announced.
Yu Xingge paused briefly before continuing, "Due to long-term abuse by the defendant Liu Xi, Zuo Chujing committed suicide on June 6, 2022. After being treated at the hospital, she suffered from liver and kidney metabolic disorders, and one-third of her intestines were removed and necrotic. Her suicide was directly caused by the abuse by the defendant Liu Xi."
"What does her suicide have to do with me? Why don't you blame me for all the suicides in the world?"
"Attention, defendant!"
Liu Xi wanted to say more, but his mother, Fang Qing, gave him an disapproving look, so he had to hold back.
"The above facts are supported by evidence such as witness testimonies, hospital records, chat logs, and surveillance videos (see the evidence list for details)."
In summary, the plaintiff requests the court to hold the defendant Liu Xi criminally liable for abusing and insulting the plaintiff Zuo Chujing; to order the defendant Liu Xi to compensate the plaintiff Zuo Chujing for economic losses (including hospitalization expenses and compensation for mental distress) totaling 231512 yuan caused by the plaintiff Zuo Chujing's suicide; and to order the defendant Liu Xi to bear the litigation costs of this case.
The presiding judge was a middle-aged man, not very old. While his face didn't reveal his emotions, the force with which he struck the gavel betrayed his inner thoughts: "Now, the defendant may submit his plea."
Attorney Zhang Qian stood up: "Your Honor, I..."
The presiding judge, seated in the center of the platform, said impatiently, "Please have the defendant's lawyer sit down and speak."
Zhang Qian sat back down: "Your Honor, according to Article 260 of the Criminal Law, the crime of abuse requires the following elements: 1. The victim is a family member living together; 2. The abuse is characterized by long-term and repeated physical or mental torture; 3. The circumstances are egregious. However, my client does not meet any of these requirements."
"The respondent and the plaintiff did not obtain a marriage certificate and did not form a legal family relationship. The plaintiff's claim of 'repeated verbal abuse' is inconsistent with the facts, and the provided evidence such as chat logs and surveillance videos may be taken out of context or forged. The respondent requests the court to verify their authenticity according to law. The respondent never had any physical conflict with the plaintiff, and the suicide was caused by the respondent's own psychological problems. The plaintiff's claim of 'long-term abuse leading to suicide' has no medical or legal basis, and the respondent did not engage in any coercion or threats. According to the 'Supreme People's Court's Guiding Opinions on Sentencing for Common Crimes,' the severity of the crime of abuse requires reaching the level of 'causing serious injury, death, or severe mental damage,' and the respondent's behavior does not meet the standards for criminal prosecution. The plaintiff's claim for economic losses has no legal basis, and the claim for compensation for mental damage lacks factual support. The respondent requests the court to dismiss the plaintiff's lawsuit according to law; the plaintiff shall bear the litigation costs of this case."
"Furthermore," he emphasized, "the plaintiff may be suspected of making false accusations, and the respondent reserves the right to pursue legal action against him."
A tearing sound came from the friction of the chair.
Gu Ping was in the audience, and Yu Xingge watched as she stood up and sat down again.
Two buzzes, and the phone notification sounded. Gu Ping sent a WeChat message: "Xiao Ge, why did he sound so scared?"
While muting her phone, Yu Xingge reassured her, "Don't worry, it's just a bluff." She glanced at the quiet Zuo Chujing on her left, wondering if she had regained her senses after Liu Xi left and her love-struck mind had calmed down, or if she had heeded Yu Xingge's repeated instructions to play the victim and act weak before the trial. Zuo Chujing remained silent.
However, considering her past behavior, we should still be careful.
As Yu Xingge had predicted, during the subsequent presentation and examination of evidence, the opposing lawyer only commented that the injury assessment, witness testimonies, and medical records presented might be taken out of context or forged, and requested the court to verify their authenticity. There was no further discussion.
The presiding judge said, "Please ask the defendant's lawyer not to repeat the same question." He looked to both sides and said, "Since there is a dispute between the two parties regarding whether the requirement of being a family member is met, please have the plaintiff and the defendant debate the points of contention."
Yu Xingge spoke first: "Your Honor, the plaintiff, Zuo Chujing, and the defendant, Liu Xi, were in a relationship with the intention of building a family together. Subjectively, they had the intention of living together, and their actions..."
"Your Honor!" Zhang Qian stood up. "I object to the opposing intern lawyer's statement..."
"Please have the defendant's lawyer sit down." The presiding judge raised his eyebrows, almost rubbing his forehead. Stand up! Those damned bad habits I learned from TV!
Yu Xingge raised an eyebrow and looked at Liu Xi: "The plaintiff, Zuo Chujing, suffered burns to her esophagus and is unable to speak. She has submitted a medical certificate issued by the hospital before the court hearing."
Unable to speak?
Liu Xi looked incredulous.
Esophageal burns? That's ridiculous. The one that started talking on the first day after surgery—was it a ghost?
Zhou Yuxuan wrote a prompt on the paper in front of her: Remember to say hello to the judge.
"Um... Your Honor, may I continue to speak on behalf of the plaintiff?"
The presiding judge nodded.
Yu Xingge continued, "Family member relationships do not only refer to obtaining a marriage certificate and becoming legally married. In addition to typical family members, people who live together, form a relatively stable cohabitation relationship, and are mutually dependent and financially supportive have been listed as family member relationships in Supreme People's Court guiding cases. The plaintiff, Zuo Chujing, and the defendant, Liu Xi, held a wedding as husband and wife, lived together as husband and wife, the plaintiff, Zuo Chujing, supported the defendant's parents, and the two had plans and measures to have children. This is a de facto marriage relationship that is deeper than a cohabitation relationship, and should therefore fall within the scope of family members."
The presiding judge nodded with satisfaction.
An intern lawyer? Truly, new talents emerge in every generation.
Seeing the presiding judge nod, Liu Xi became anxious: "What does he mean?"