Chapter 23 - 18: What on Earth Are You Trying to Do!

"Lawyer Lin, I have to emphasize this one more time."

Xu De’s expression was grave and his gaze was serious as he spoke in a low voice,

"Illegal and criminal matters... I never get involved in them!"

Lin Yue raised an eyebrow, putting her hands on her hips as she asked doubtfully,

"So... you’re not going to steal the child anymore?"

The moment the words left her mouth, Xu De immediately retorted, displeased,

"How could that be? The child must be stolen. And I won’t just steal him."

"If I’m pushed into a corner, I’ll just snatch him!"

With that, Xu De turned and walked back into the reception room. He plopped down on the sofa, looked at her, and added,

"Besides, why do you think stealing a child is illegal?"

’Does that even need an explanation? Isn’t that common sense!?’

Lin Yue silently roasted him in her mind but managed to compose herself.

She sat down across from Xu De, collected her thoughts for a moment, and then slowly began to explain,

"In Dongguo, there is no specific law for ’the crime of child stealing.’ Instead, it’s defined by two offenses: Article 240 of the Criminal Law, ’the crime of abducting and trafficking children,’ and Article 262 of the Criminal Law, ’the crime of abducting and deceiving children.’"

"Both of these articles are inextricably linked to stealing a child, and they carry heavy penalties!"

"And your actions would completely fall under these two criminal charges."

"If a conflict arises during the process... charges like assault or affray and picking quarrels and provoking trouble are absolutely unavoidable."

What she said was indeed true.

However...

"You’re right, but..."

Hearing this, Xu De first nodded, then gave a gentle smile and continued,

"What is the core subjective element for a conviction of ’the crime of abducting and trafficking children?’"

Without waiting for her to answer, he gave the answer himself.

"Intent plus profit!"

In other words, there must be subjective intent, and it must be for financial gain. As long as both factors are present, your actions will be judged as ’the crime of abducting and trafficking children’!

Xu De wasn’t stealing the child for money, so in theory, this crime couldn’t apply.

"But even so, it would still fall under Article 262 of the Criminal Law, ’the crime of abducting and deceiving children’!"

Lin Yue shook her head, her tone firm.

True, he wasn’t selling the child for profit, but he was still intentionally taking control of and removing the child!

That fit the definition of this crime perfectly.

"Lawyer Lin, you’re quite the professional."

Xu De didn’t deny it, nodding in agreement.

But then, he suddenly changed his tune.

"However..."

"What you’re talking about is the so-called subjective element in the Criminal Law."

"What about the objective element? May I ask..."

"In the original text of the Criminal Law, what is the objective definition for constituting this crime?"

Lin Yue paused. Her exceptional legal knowledge instantly brought the original text to mind, and she recited it subconsciously,

"Article 262, the original text clearly defines the objective element: abducting a minor under the age of fourteen, causing them to be separated from their family or guardian."

If profit is involved, it’s trafficking. If not, it’s abduction.

This ’child stealing’ that Xu De was talking about... it seemed to follow the objective definition of the crime to a T.

But!

The instant the words left Lin Yue’s mouth,

"Lawyer Lin, you said it yourself."

"Objectively, abducting a child and separating them from their family or guardian constitutes abduction, but..."

Xu De’s voice cut in seamlessly, his eyes suddenly turning sharp as he said,

"Are Li Youcai and Liu Cui the child’s guardians!?"

"Of c—"

Lin Yue was about to nod, but she suddenly froze mid-thought, her entire body stiffening as if she had just realized something.

Seeing her reaction, Xu De said slowly,

"They are not!"

"According to Article 27 of the Civil Code—the core article on guardianship—"

"The parents are the child’s guardians!"

"And the close relatives, Li Youcai and Liu Cui, are merely first in the order of succession for guardianship. Note, ’in succession’!"

In other words,

only if both of the child’s parents were dead could they seek guardianship of the child. Only with guardianship could they even think about keeping the child.

But the problem is...

The only one who died was Li Erniu. Wang Mei is still alive!

Therefore, guardianship is currently held by one person, and one person only.

"And that is my client, Wang Mei!"

Xu De spoke quickly, his tone as firm and decisive as striking metal. He continued,

"Lawyer Lin, now look back at the objective definition of the crime of abduction in the Criminal Law. Do you still think... I’m breaking the law?"

As soon as he said this,

Lin Yue was stunned. Her mind started racing, caught in a brainstorm.

’The objective definition of the crime is: separating the child from their family or guardian. But the plaintiff isn’t the guardian.’

The most crucial part was...

"Lawyer Lin, don’t forget, the custody case is already over."

"Wang Mei won!"

Xu De suddenly lowered his gaze, leaned forward, and said to her in a deep voice,

"In other words..."

"Li Youcai has neither custody rights nor is he the guardian."

"Legally speaking, the other party keeping the child for themselves is, in itself, an illegal act!"

Suddenly,

those words exploded in Lin Yue’s mind, and her pupils constricted.

’What he’s saying seems... actually... it might be... correct!’

’No custody, no guardianship. In the eyes of the law, Li Youcai is a stranger to the child.’

’And now, a ’stranger’ is forcibly keeping the child by his side... Just thinking about it feels wrong.’

After a long silence,

she finally came back to her senses and replied hesitantly,

"But... but the definition also includes ’separating from their family.’ Li Youcai’s status as a close blood relative is undeniable..."

Even if he has no legal rights, it’s hard for the law to completely ignore the blood relationship.

Xu De immediately shot back,

"First, I have no subjective malicious intent in taking the child."

"Second, Li Youcai’s house is a home, but is my client Wang Mei’s house not the child’s home!?"

Then,

Xu De’s eyes widened. He looked at the timid Lin Yue, his face a mask of disappointment, as if scolding a protégé who wasn’t living up to expectations. He shook his head and sighed,

"I am merely taking the child from a ’residence’ belonging to someone with no custody and no guardianship..."

"...and bringing him to another home, one with both custody and guardianship rights."

"From a legal standpoint, I am not separating him from his family!"

At that moment,

Lin Yue stood frozen, all the counterarguments in her mind melting away like butter.

Common sense told her it was illegal, but her professional knowledge was telling her...

It was legal!

"This isn’t abduction. This is exercising guardianship rights."

A smile appeared on Xu De’s face. He sat on the sofa, folded his hands on the table, and leaned forward slightly.

He mused,

"You know,"

"Nobody understands what’s illegal better than me!"

Although it sounded arrogant and shocking, anyone who heard it could only stare in helpless disbelief.

After figuring this out,

Lin Yue felt her heart tremble. Her gaze toward Xu De was now filled with utter disbelief and shock.

She had lived for over twenty years.

She had met legal titans, attended expert lectures, graduated from a top national university, and even studied under a renowned mentor.

But despite all that experience,

this was the first time she had ever heard someone talk about legally stealing a child!

And the crucial part was, what he was saying wasn’t even false!!!

Lin Yue’s lips parted slightly as she asked in shock,

"Is... is that right!?"

"What part of it is wrong?" Xu De said.

"Besides, the child custody case has already been decided. Wang Mei won the first trial, and the court ordered immediate enforcement."

"But Li Youcai and his wife are dragging their feet and refuse to hand over the child!"

Xu De waved his hand dismissively, a look of displeasure on his face. Now, his tone was filled with anger.

"Strictly speaking,"

"we are stealing the child legally and in good faith."

"They are the ones being stolen from while acting illegally and with malice!"

The moment he said that sentence,

Lin Yue felt as if her soul had ascended. It was like he had ironed out the wrinkles in her brain, and in the unseen depths of her mind, a brand-new door had swung open before her.

’So, words can be arranged like that...?’

’Is that something a human being could even come up with!?’

Seeing her expression,

a look of relief appeared on Xu De’s face. ’This one is teachable,’ he thought.

"Do you still think I’m committing a crime?" he asked.

’A crime?’

’Even if you brought this argument to trial, the judge and prosecutor would, at most, be collectively dumbfounded.’

’No one would be able to find a single illegal word in it!’

"You..."

Lin Yue looked at Xu De’s calm and composed face, not knowing what to say.

After a long pause, she finally managed to get a sentence out.

"So... when are you planning to steal the child?"

Since it wasn’t illegal, she instead started to worry about the impending first trial.

Leaning on her chair, a hint of anxiety on her face, Lin Yue said,

"You know, the first trial is coming up soon."

"If you don’t get the child back before the trial, that first hearing... is going to be very risky."

She had been at the door just now and had clearly, though accidentally, overheard that the court had already sent the "Summons to Appear in Court."

The trial was scheduled to begin in five days, on November 10th. If Xu De didn’t act soon... she was afraid they would lose the case.

However,

just as Lin Yue was wondering if he would strike today, tomorrow, or the day after to catch them by surprise...

"Steal the child before the trial?"

Xu De raised an eyebrow, a puzzled look on his face. He spread his hands and said,

"When did I say I was going to steal him before the trial?"

Lin Yue: ?

"If you don’t steal him before the trial, then what’s the point of stealing him after the hearing is over and the court’s verdict is already in!?"

Lin Yue was slightly taken aback.

The trial is where the two sides compete to get a result!

Stealing the child is a bargaining chip to increase your chances of winning. But you want to steal him after the result is already decided... What’s the use of the chip then!?

"Naturally, I’ll use something else instead."

Xu De replied as if it were the most obvious thing in the world.

"You must remember, the child is the leverage we use to control the plaintiffs, the Li Youcai couple."

"This leverage has nothing to do with the arguments at trial!"

"To deal with the judge and the prosecutor, we... need to pull out something new."

Lin Yue stared blankly at the man before her, who suddenly seemed like a stranger.

Then, Xu De took a document he had written himself from his briefcase and placed it on the table.

"You don’t think I’ve spent the last few days busy with something that can be summed up in a few sentences, do you?"

"This is what I’m going to use for the first trial!"

With that,

he extended his arm, pushing the document under his palm across the table toward her.

Curious, Lin Yue cast a puzzled gaze upon the document.

But when she saw the contents of the file, she froze completely.

There, inscribed on the page,

were several lines of text...

[1. Regarding the defendant ’Wang Qiang’s’ act of self-defense to stop a human trafficker and protect the safety of a police officer, which constitutes an act of heroism, our side presents the following defense opinion based on the facts and applicable laws of this case...]

[2. Regarding the deceased, Li Erniu, who died by his own hand as a result of his attempted murder, and whose death is unrelated to the defendant, our side presents the following defense opinion...]

Looking at these words,

Lin Yue’s eyes went wide, her mouth forming an ’O’, and she simply stared, stunned.

Words have weight.

And right now, she could feel their weight with perfect clarity.

Those few lines of text felt like a one-ton hammer slamming down on her head!

The trial was in five days. If this stuff actually showed up in court, the judge and the prosecutor...

Who knew if they wouldn’t want to take their belts to them!

"Wait a minute..."

Lin Yue looked up at Xu De, swallowed hard, her thin lips parting.

The next second, a trembling voice echoed in the reception room.

"What do you mean, Wang Qiang turned himself in?"

"And what’s this about him acting heroically to protect an armed police officer?"