Chapter 349: I'll Go Back With You
Liu Zhiya pushes Liu Zhiying towards Zhang Jingsong, while she sits down next to Chen Cheng.
Liu Zhiying opens the file, "Professor Zhang, it's about the issue of identifying this 'intentional injury crime'. I don't quite understand it. In this case, the defendant accidentally pushed the victim down, resulting in a fracture, due to emotional agitation. Does this count as intentional injury?"
Zhang Jingsong takes the file and carefully looks at the case description, "Xiao Liu, the key to the crime of intentional injury lies in the word 'intent'.
Intent refers to the psychological attitude of the perpetrator, where they know their actions will cause bodily harm to others, and they hope or allow such results to happen.
In this case, although the defendant did not deliberately intend to harm the victim, he pushed the victim down in an emotionally agitated state, should have foreseen that this action might cause harm, yet still carried out the act, this is 'indirect intent' in legal terms.
Therefore, even if the injury was caused accidentally, it may still constitute intentional injury."
He continued: "If the defendant only wanted to scare the victim without truly intending to harm him, but accidentally caused injury, this situation would be 'negligence resulting in serious injury', rather than intentional injury.
Because the defendant did not foresee that their actions would cause such serious outcomes and subjectively did not hope or allow such results to occur."
Liu Zhiying nodded thoughtfully: "I understand, the key to judgment is the perpetrator's foresight and psychological attitude towards the outcome."
She asked again: "Professor Zhang, what if the perpetrator commits a harmful act but does not cause actual damage, how should this be recognized?"
"In this situation, we can refer to Article 20 of the criminal law, which states 'preparation of tools and creating conditions for crime are criminal preparation.
For preparatory offenders, the punishment can be reduced or exempted compared to successful offenders.'
Additionally, there are some attempts, for example, if the perpetrator has already started committing a crime but failed due to reasons beyond their control, it is an attempted crime. For attempted offenders, punishment can be reduced compared to successful offenders."
Liu Zhiying thought for a moment, "If the defendant carries a weapon to the victim's home, intending to commit harm, but is caught by the police on the way without causing any actual damage to the victim, how should this be identified?"
Zhang Jingsong explained: "This belongs to the crime preparation stage. According to the criminal law, for preparatory offenders, punishment can be reduced or exempted compared to successful offenders. The specific sentencing should be comprehensively judged based on the defendant's subjective malice, crime circumstances, and social harm."
"Then if..."
The discussion between Zhang Jingsong and Liu Zhiying grew more extensive, and sitting aside, Chen Cheng and Liu Zhiya weren't idle either.
Chen Cheng asked, "How have these days been?"
"Hm! Pretty good," Liu Zhiya nodded happily, but soon became unhappy, "It's just that the school will soon be on holiday, and I'll have to go home for the New Year."
"Have you bought the tickets?"
"Not yet."
Liu Zhiya looked deeply at Chen Cheng, "Brother Cheng, I don't want to go back."
"Is it okay not to go back?"
She shook her head again, "If only I had graduated, then I could say I'm busy with work and can't go back."
"Still, you have to go home," Chen Cheng smiled, "It's not like you won't come back, right?"
"Of course, I'll come back!" Liu Zhiya quickly said: "It's just... it's just..."
Before she could finish, Liu Zhiying ended her final consultation before the holidays.
Being one of Zhang Jingsong's most promising students, he always had high hopes for this smart girl; otherwise, he wouldn't have gone all out for her at the beginning.
"Thank you, Professor Zhang."
"You're about to have a holiday. How long will you and your sister prepare to go home?" Zhang Jingsong asked.
"Should be soon, probably next week we'll go back."
"After going home, take good care of your injury. I feel that by the start of the next semester, you'll be able to attend classes normally."
Liu Zhiying nodded, "Hm! I'll do my best."
She looked at Liu Zhiya, "Xiao Ya."
Liu Zhiya got up and went over, Chen Cheng also stood up, "Uncle Zhang, I won't bother you anymore. Thank you."
"You're welcome," Zhang Jingsong waved his hand, "During the New Year, let Xiao Ding bring you to my home for a meal."
"Sure."
The three walked out of the office, this time, Chen Cheng took the initiative to push the wheelchair, Liu Zhiya walked beside him.
With no outsiders present, the two sisters began to chatter more.
"Xiao Ya, what were you whispering about with Brother Cheng just now?" Liu Zhiying asked curiously.
"Nothing much. Just chatting casually."
"But you were hemming and hawing; you must be hiding something from me."
Chen Cheng listened on the side, the corners of his mouth slightly rising; the interaction between the two sisters was always so light-hearted and amusing.
"Alright, alright," Liu Zhiya resignedly conceded, "It's really nothing, just mentioned to Brother Cheng that I don't want to go home for the New Year."
"Ah? Why don't you want to go back?"
Liu Zhiya looked at Chen Cheng, "Sis, if the two of us go, we won't see Brother Cheng all winter break. Plus, you're not in a convenient situation, and we can't secretly sneak back."
Liu Zhiying suddenly realized, she looked at her leg, indeed as Xiao Ya said.
Seeing her sister's face full of reluctance, she was moved in her heart and said: "Actually, we are not completely without options. Brother Cheng, do you have any plans for the New Year?"
Chen Cheng paused slightly, thought for a while, then answered: "Most of the time during New Year is visiting relatives and friends, but there's nothing particularly urgent."
"How about this, Brother Cheng, this year you come with us back home for the New Year. Anyway, you have free time during New Year, so we sisters can both fulfill our family duties and continue being with you. Celebrating New Year together would be livelier."