Chapter 950 - 406: Ethics as the Basis for Exoneration
As long as the behavior infringes upon the interests protected by the criminal law...
It can be criminalized.
For example, robbery and theft crimes infringe on the criminal law's protection of private property.
Intentional homicide and intentional injury crimes infringe on the criminal law's protection of personal safety rights, and so on.
"Wang Wu's actions tarnished the reputation of state organs and affected the positive image of public officials, similarly infringing on legal interests..."
The three lawyers from Liuzhou argued passionately, while summarizing evidence and countering Qin Mu.
The scene was at a stalemate for a moment.
"The strength of the opposition...is quite strong."
Zhang Wei squinted slightly, silently thinking in his heart.
This situation...
Is not the one-sided scenario imagined.
The opposition is not to be underestimated either.
Though disrupted by Qin Mu, they quickly reorganized their defense strategy.
And launched a fierce counterattack.
Meanwhile, in the gallery.
The gold medal lawyers observing the defense from Liuzhou showed pleased expressions.
"This starting point of legal interests is good. I wonder how Qin Mu will respond."
"I remember among these lawyers from Liuzhou, there's one who specializes in legal interest theory and studies it quite profoundly. Qin Mu might not be able to hold his ground."
"Tsk tsk tsk, last time he scored 677, this time he might get knocked back to his original form."
"Getting knocked back to his original form might not be the case, but advancing to the third round...that seems doubtful."
"..."
Everyone murmured.
All believed that Qin Mu was unlikely to win this match.
After all, these lawyers from Liuzhou...
Their level is not inferior to them, especially in the field of criminal defense.
It's basically impossible for Qin Mu to win easily as he did in the last round.
However...
Just after they finished discussing, they saw the lawyer's seat next to the defendant.
Qin Mu took a step forward proactively and said softly, "The opposing prosecutor is indeed right, legal interests as the basis for criminalization, but there is another sentence after this."
After a slight pause.
He glanced around the court, then continued, "That is ethics as the basis for exoneration!"
As soon as he said this.
The entire audience was once again surprised.
Zhang Wei swallowed, instantly understanding something.
The lawyers in the gallery...
They were instantly silenced, all stunned.
The ones with the biggest reactions...
Were the five lawyers on the prosecution's side.
Especially the lawyer who proposed the legal interest breakthrough, whose face directly turned dark.
...
Meanwhile.
At the Study Law Alliance Forum.
With Qin Mu's statement, the netizens following the mock trial were once again in an uproar.
"Is there anyone in the forum who can explain to me what that statement up just said means?"
"The opposing lawyers really have some skills, I thought it was all settled."
"Mind your language, let's be civil."
"I just looked it up with Baidu, the explanation for ethics as a basis for exoneration is too varied, who can translate it for me?"
"..."
The netizens were very excited, with a strong desire to know, frantically posting.
The opposing lawyer had already explained what legal interests as the basis for criminalization meant.
But...
The statement Qin Mu proposed left many people puzzled.
They understood each word in the sentence.
But together, it appeared somewhat obscure and difficult to understand.
Fortunately, it didn't take long.
Someone claiming to be a professor of criminal law appeared on the forum.
Opened a post specifically to explain the sentence Qin Mu mentioned.
"To understand up's statement, one must first understand the essence of law, which is not just black and white, but a subject of balance and compromise."
In the post.
This netizen first explained the first half of the sentence.
Legal interests as the basis for criminalization means using whether legal interests have been infringed upon to decide guilt.
For example.
Zhang San attacks Li Si with a knife, but ends up being killed by Li Si instead.
Analyzed through the lens of legal interests, Zhang San attempted to infringe on Li Si's right to life.
The result was that Li Si, being more skilled, deprived Zhang San of his right to life.
The opposing party attempted to harm Li Si's right to life, while Li Si infringed Zhang San's right to life.
Right to life against right to life.
The two are equal.
Therefore.
From the perspective of legal interests, Li Si's actions are justified, perfectly aligning with self-defense.
Another example.
Zhang San follows a woman, attempting to violate her, and she continues to struggle and resist.
While passing by a river.
She takes the opportunity to kick Zhang San into the river, where he drowns.
In this case.
Zhang San tried to infringe upon the woman's right to bodily freedom, and her counterattack infringed upon Zhang San's right to life.
Bodily freedom against right to life.
Obviously, the right to life is higher than the right to bodily freedom.
The rights of the two parties are not equal, nor is the legal interest.
Therefore.
The woman's actions do not constitute legitimate self-defense but rather excessive defense.
However...
The woman's actions are common responses during crises in everyday life.
They do not violate moral norms and codes of conduct.
Most people in such situations...
Would choose to kick Zhang San into the water for self-protection.
On moral grounds.
The public would not find fault with the woman's actions and would agree with her response.
No one would condemn the woman.
Thus.
Although the woman's actions harmed the legal interest and caused greater damage, they cannot simply be treated as excessive defense.
Ethics as a basis for exemption from guilt implies that in this situation...
It can be considered for leniency, or judged that the woman's actions do not constitute a crime.
At the very least.
It can be recognized as significantly minor, not worthy of prosecution, or judging it as significantly minor with a suspended sentence.
This also highlights the balance of the law.
If judged strictly by criminal law, the woman would certainly be guilty.
But this judgment clearly violates social ethics and is a problematic verdict.
"Wow! Our forum truly has so many talented people. Hearing it from the master here, even a mediocre student like me can understand."
"Hiss!! You keep giving examples so often, are you perhaps a teacher?"
"Is that how it is? I didn't expect the judgment to involve such complexities?"
"Does that mean... ethically supported actions may not be considered criminal?"
"..."
Beneath this post.
Netizens reverently praised the master while raising many doubts.
The self-proclaimed criminal law professor patiently answered each question from the netizens.
"Violating ethics doesn't necessarily constitute a crime, similarly, actions supported by ethics don't necessarily avoid being a crime."
Next.
He gave several examples, such as the previously famous case of the maternal insult murder.
The opponent violated the dignity rights of his mother.
In turn, he killed the opponent, depriving them of their right to life.
The legal interests are not equal.
It should constitute a crime.
However, his actions...
Received wide social support and encouragement, with the belief that he did nothing wrong.
Morally, he was not condemned.
Logically, it shouldn't constitute a crime.
But...
This action's infringement on legal interest is far from something as simple as a person's right to life.
If judged not guilty.
It would set a precedent.
As long as a relative is humiliated, one could hold a license to kill.
Then society would be in turmoil.
It would cause immense harm to legal interests.
Therefore.
Although ethics can be a basis for exemption from guilt, certain actions would still be judged guilty.
This is the study of the balance of law.
…
At the same time.
In Jin City.
In the courtyard.
Zhang Qingyuan, Li Weiguo, and others were gathered around Wan Zhongyuan.
Because...
They found that as the lawsuit progressed, they increasingly couldn't understand it.
Whether it was what Qin Mu said or what the opposing lawyer said, it was like heavenly scripture.
So.
They could only turn their pleading eyes to Wan Zhongyuan.
And Wan Zhongyuan was nervously holding a phone, opening Baidu, desperately searching.
As the trial continued.
Qin Mu and the opposing lawyer exchanged verbal blows, going back and forth.
Fiercely debating around legal interests and ethics.
Constantly bringing up new terms.
Making him feel overwhelmed.
The key is that after searching for so long, even with the results from Baidu, he couldn't decipher these terms.
Let alone explain them to his elders.
"Oh no, I don't understand a word of what Xiao Qin is talking about. Am I out of touch with the times?"
"Mr. Li, not trying to be mean, but when have you ever been in touch with the times?"
"Xiao Qin really, can't he make court arguments more understandable?"
"The opposing lawyer is also very skilled, I rarely see a lawyer who can go back and forth discussing with Xiao Qin in court."
"You call this back and forth? Isn't the opposing lawyer clearly being pressed by Xiao Qin?"
"..."
In the courtyard.
The elderly constantly voiced noisy comments.
Although they couldn't understand this high-level face-off.
The expression on the opposing lawyer's face already revealed everything.
In this round, Qin Mu is likely to crush again!