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What's wrong with this lawyer?!-Chapter 632 - 200: Protecting One’s Property Is Also Called Legitimate Defense!_2
Wang Qingqing responded and quickly went out to buy breakfast, while Old Tang picked up the relevant contract to examine it.
"You’ve contracted quite a bit of land, over twenty mu, how many trees is that?" Old Tang asked as he looked at the contract.
Huang Licheng thought carefully and said, "At first, I planted about two thousand seedlings, and later on probably around fifteen or sixteen hundred more..."
"Then your compensation won’t be small, no wonder they want to demolish it directly," Old Tang joked as he lifted his head.
A bitter smile also appeared on Huang Licheng’s face, it indeed wasn’t a small amount, which was why he was now so eager to get the money in hand.
After asking a few more detailed questions, Old Tang finally had a clear strategy in mind.
Just then, Wang Qingqing returned with breakfast and called them to eat together. Huang Licheng left the law firm; he found a job doing odd jobs in Jingzhou to support himself. Defending one’s rights is important, but you have to live first.
Beside him, Wang Qingqing was also examining the judgment. She belonged to those who loved to challenge themselves the more difficult it became, and couldn’t help but say, "Brother Tang, you just mentioned that you’ve already got a strategy in mind, what is it?"
Why did she read for so long without any clue at all? The court’s argument was fine, you prepared a knife first, then the other side didn’t have a knife, and you even injured the person...
Old Tang laughed upon hearing this, "Naturally, the strategy is righteous defense, you can’t tell me you couldn’t even think of that."
In fact, there was no other direction for this case.
Wang Qingqing raised the judgment and said, "But Tang brother, in both the first and second instance trials, Huang Licheng had hired lawyers who also approached it from the angle of righteous defense, yet they lost the case."
"If you were to appeal again on the grounds of righteous defense, wouldn’t that be very difficult..."
The worry was written all over the young girl’s fair face.
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Old Tang casually took the judgment and looked at Wang Qingqing, who had long straight black hair, and said, "You’re making sense, however, although his lawyer’s direction was righteous defense, he went about it the wrong way."
In a situation where our side already had "prepared a knife," and the opposing group was "unarmed," to defend on the basis of straightforward righteous defense would obviously not succeed.
The reason is simple; our country has very strict standards for the extent of righteous defense!
For instance, if someone threatens your personal safety with a knife, in theory, you could use a knife to fight back. However, if the other party does not have a knife, that is to say, theoretically, they would not threaten your personal safety, then as soon as you take out a knife, it can’t be considered righteous defense.
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This legal philosophy permeates many areas, such as how the public security organs handle issues, there’s always an equivalent method of response.
Therefore, Old Tang didn’t plan to argue from the perspective of Huang Licheng protecting his and his wife’s personal safety, as that would never succeed; the High Court would just laugh off such an appeal.
Meanwhile, Wang Qingqing who was next to him was already confused. Old Tang didn’t plan to explain to her but simply said, "Qingqing, if there’s something we can’t learn, don’t bother trying to learn it, you know. You’re doing quite well as an assistant."
"By the way, a little reminder for you, don’t go copying Chi Yan’s style of dressing; she’s taller than you, and her legs are longer..."
After speaking, Old Tang slipped into his office. Chi Yan had the advantage of good genetics, and although Wang Qingqing also had long legs, compared to Chi Yan, she still fell short.
Outside, Wang Qingqing, who was already in a state of shock, finally reacted, looked down at herself, and her face turned into a steamed bun with anger!
She had even gone out of her way today to buy the buns that Tang Fangjing loved the most. She wouldn’t let him have any in the future!
In the office, Old Tang wasn’t concerned about what was happening outside because he had already started drafting the appeal.
Who said righteous defense must only be applied from the perspective of personal injury? He intended to approach it from the angle of property!
The Criminal Law Article 20 stipulates that to prevent the ongoing unlawful infringement of the state, public interest, oneself, or another person’s person, property, and other rights, and to adopt actions to stop the unlawful infringement causing harm to the infringer, constitutes righteous defense and is not subject to criminal responsibility.
Many people unconsciously overlook another right when looking at righteous defense provisions, and that is property rights, which means, it doesn’t only apply in cases of murder, intentional injury, and other violations of personal rights.
Otherwise, what do you say when someone enters your house to steal, and you cannot resist? That would be unreasonable. Actions taken to protect one’s property rights are equally considered righteous defense.
Taking this path felt much broader as it included not only those who came in person, but also those operating the trenchers and diggers, or the village committee leaders who stood in the background with their hands behind their backs, as they could be seen as a whole.
What was their purpose in going to the orchard? It wasn’t to take Huang and his wife away, was it? Of course not, their goal was to destroy the orchard.
Well then, on one side was the numerous "forest-destroying group," on the other, only Huang and his wife, with the wife already forcefully taken away. In such a scenario, Old Tang believed that Huang’s resistance should not be seen as an isolated act against those few who laid hands on him.
His resistance should be regarded as against the entire group. With one side being the numerous "forest-destroying group" with heavy machinery and the other only Huang by himself, it was natural for him to use a knife.