Regarding Confucius, let me first tell a short story about Kyoto in modern times.
Ye Feng and the others have spent more than a year in the prehistoric fairyland. In fact, it has only been one day since they came to the world.
Today, a new intern came to Zhang San Law Firm, named Li Si. He only started working as a lawyer after Zhang San, who admired Taishan Beidou in the legal world, so he was very excited to be an intern at Zhang San.
Just when he thought Zhang San could tell him the secrets of winning as a lawyer, Zhang San showed Li Si a video of himself defending.
In the video, Zhang San is defending a defendant who is being prosecuted.
The judge asked the defendant: "Why did you steal someone else's electric car battery?"
The defendant hesitated, turned to look at Zhang San, and asked, "What should I say?"
Zhang Sandao: "Just tell the truth. I can handle this small case."
So the defendant told the judge: "I stole the battery to sell it for money."
Zhang San nodded and said silently: "Yes, that's what I said."
The judge continued to ask: "Then what are you going to do with the money?"
The defendant said: "Look for the lady."
The judge's eyes widened, he was speechless for a few seconds and then said: "You are still soliciting prostitution! Where is it, and how do you know that place?"
The defendant said: "There is an alley behind the garden. Zhang Lei took me there last time."
As he spoke, the defendant turned back to Zhang San and said, "I can tell you."
But what the defendant didn't notice was that Zhang San's eyes were widened and he was looking at him speechlessly. However, Zhang San still breathed a sigh of relief and said: "Say, I can handle it."
The judge continued to ask: "Who is Zhang Lei? How do we know him?"
The defendant said: "We met when we were gambling together last time."
This time the judge and Zhang San stared at this strange defendant with wide eyes.
The judge said: "You still gamble!"
The defendant said: "I just play it sometimes when I am under great pressure."
The judge continued to ask: "Why are you so stressed?"
The defendant said: "Because you can't make money through fraud."
"..." The judge was speechless and his eyes widened again.
"..." Zhang San was speechless and his eyes never changed.
But the trial continued, and the judge asked: "How much is the fraud?"
The defendant said: "I cheated more than a thousand, not much."
Hearing this, Zhang San breathed a sigh of relief, like a deflated ball slowly deflating. Because until just now, Zhang San was so shocked that he didn't dare to breathe at all. Now I can finally feel a little more at ease.
But who would have thought that the defendant suddenly said: "You can't make more money than robbery."
"..." Zhang San almost jumped up and covered this idiot's mouth.
With your fucking IQ, how can you have the nerve to steal batteries, gamble, defraud, and rob?
But his good lawyer qualities made Zhang San sit down again.
The judge began to get used to the defendant's stupidity, so he dug further down the pole, wondering how much deeper he could dig.
So the judge asked: "How much was robbed?"
"About fifty or sixty thousand."
"How was the stolen money handled?"
"It's all taken to restock."
"The goods have been received. What kind of goods have been received?"
"Fake medicine."
At this moment, Zhang San was sweating profusely.
This time the judge was stunned. In his career as a judge, he had never seen such an honest defendant.
So he stuttered a little and said: "They also buy and sell fake medicines, who is the seller?"
The defendant said: "Ah, he has quit now."
The judge asked, "Are you sure?"
The defendant said: "I'm sure, it's just that, uh, we didn't reach an agreement during the last deal, so I was asked to kill him."
Just hearing a clang, Zhang San fell from the chair to the ground.
. . .
The video ended here, and Li Si was silent. After a long time, he asked Zhang San the question he was holding back:
"Teacher Zhang, the client's crime is so heinous, why does the lawyer still defend him?"
Just listen to Zhang San said: "Why do lawyers still defend bad people? Many people can't understand. They think that what your lawyer says is wrong anyway. You are a scum as a defense lawyer for bad people."
"Then let me ask you in turn, if you become a defendant one day, even if you know that you are wronged, but no one else knows, will you want a lawyer to defend you, a recognized "bad guy"? ?
"The law is a system that values procedural justice. If each of us becomes a defendant and no lawyer stands up to help us complete procedural justice, then each of us may become a victim of the law.
“So I always believe that the value of a lawyer is to pursue legal justice on the basis of protecting the legitimate rights and interests of the parties.
"Because of the lawyer's vigorous defense, even if a criminal is charged with a capital crime, he will not be charged with other crimes, nor will he be given undue punishment. Is it just because he is a bad person with heinous crimes? Is it possible to add unnecessary charges? The fairness and justice of the law means that even if you punish a bad person, you only give him the punishment he deserves. The punishment he doesn't deserve must not be imposed because of your so-called righteous indignation. The law also wants to protect the bad people. He should have the right.
"It's all death anyway, it doesn't matter how many more charges there are, this is never allowed by the law.
“Otherwise, the law will inevitably fall into the abyss of legal nihilism.
“This way, even if the death row inmates are eventually sentenced to death, they will not question the fairness of the law.
"So the lawyer's vigorous defense and criticism of the bad guys ensures the fairness of the judgment. If you are a judge or a prosecutor and encounter a lawyer who is a match for you and constantly criticizes you, you should thank him. Because he continues to criticize you. Find faults to make your judgment more fair. Criminal defense is not entirely for the purpose of exonerating people, but for the court to consider it comprehensively and make a fair judgment for the defendant.
"Compared with punishing a bad person, the most important thing is to demonstrate the fairness and justice of the law through judgments one after another. This is not only the responsibility of the plaintiff's lawyer, but also the obligation of the defendant's lawyer.
"When it comes to criminalization, whether to give priority to legal judgment or moral judgment, naturally legal judgment takes priority. Children only distinguish between good and bad, and the law only distinguishes between guilty and innocent. And the law tells us that any citizen will not be judged before a court. Legally speaking, all citizens should be considered innocent. And every citizen has the right to defend himself.
"The essence of moral judgment is to discipline oneself, and the essence of law is to discipline others. So you cannot use moral judgment to discipline others, because you use it wrongly. And similarly, if you use law to discipline yourself instead of using morality to discipline yourself, Then you will become a legal scum who takes advantage of legal loopholes and a person with extremely low morals!
"If you can't think clearly about this issue, you should not study law, let alone become a lawyer. This is what I want to teach you today, and it is also the most important lesson before you start your lawyer career.
