Lawyer

Chapter 174 The Indelible Stain
Ouyang Jie was quickly arrested, and the case was transferred to the procuratorate, who filed a public prosecution in the district court for the crime of causing a traffic accident.

Because Ouyang Jie was seriously injured and stayed in the hospital all the time, this time he was not even released on bail pending trial.Since Ouyang Jie had been hospitalized in the hospital and was unable to appear in court for trial, the court suspended the trial of the case.

"Mr. Ouyang, how is Ouyang Jie's girlfriend Zhu Lin doing now?" Fang Yi asked.

"What kind of girlfriend, it's all children's jokes. That girl and Xiaojie are classmates. It's strange to say that she just scratched her skin on the day of the incident, and went to the hospital to apply some medicine. After the police asked The words left. And my Xiaojie almost entered the intensive care unit.

Lawyer Fang, my Xiaojie has almost recovered and is about to be discharged from the hospital. The court also notified us a while ago, and the court will start in a week.

Do you think my Xiaojie's case is enough to constitute a traffic accident crime?The child is still young, if it constitutes a crime, it will be a matter of a lifetime. "Ouyang always worried.

Parents all over the world don't want their children to be sentenced to a stain that can never be removed before they step into the society.

"Judging from the situation you introduced, I personally don't think it's enough to be a crime of causing a traffic accident." Fang Yi thought for a while.

"What's the reason? The procuratorate has filed a public prosecution for the crime of causing a traffic accident. We need reliable reasons to refute them." President Ouyang asked Fang Yi, staring at him.

"The reason why I say that your son Ouyang Jie's behavior does not constitute a crime of causing a traffic accident is because from a legal point of view, a crime is an infringement of the legal interests of others, and self-injury behavior does not constitute a crime under normal circumstances (except for the punishment of the right to life, of course) , unless such self-destructive behavior endangers national and public security.

Just now I asked you about the situation of Zhu Lin who was with Ouyang Jie, that's what I was thinking about.If Zhu Lin was only slightly injured and Ouyang Jie caused serious injury to himself due to a traffic accident, this kind of situation fits the situation I just mentioned and does not constitute a crime of causing a traffic accident.

However, it is not ruled out that during the trial, the procuratorate will change the prosecution and accuse Ouyang Jie of dangerous driving. "Fang Yi explained.

"If the procuratorate really changes the prosecution, will my son constitute a crime and be sentenced?" President Ouyang asked.

"It's really possible to constitute a crime of dangerous driving, but it's hard to say whether it will be sentenced. Because Ouyang Jie is seriously injured, we can fight for it. The ideal result is that although the crime is constituted, the court will exempt your son from criminal punishment. .” Fang Yi said.

"That is to say, my son's crime cannot be erased. Lawyer Fang, is there any other way?" Mr. Ouyang said with expectant eyes.

"This... I'm afraid it will be difficult." Fang Yi hesitated and said.

"To tell you the truth, I also consulted several lawyers before, and their opinions were similar to what you said, but they didn't mention the change of prosecution by the procuratorate.

If the procuratorate does not change the prosecution, will my son's case be considered innocent? "Mr. Ouyang said.

After listening to Mr. Ouyang's words, Fang Yi thought to himself: There are two reasons why other lawyers don't say that there is a high probability. One is that these lawyers lack professional ability and they don't think so much; Entrust them, or be reluctant to pay a lot of money for a lawyer.

Fang Yi dared to say that it was due to the professionalism of a practicing lawyer. Since people asked about it, he had to disclose all the risks of the case, lest the client blame the lawyer for being unprofessional.

"According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China, Article 170, Item [-], 'the facts of the prosecution's allegations are clear, the evidence is reliable and sufficient, and the charges against the accused are consistent with those determined by the people's court at trial. If the charges are inconsistent, a guilty verdict shall be made'.

It can be seen from this that when the accused charges are inconsistent with the charges determined by the court at trial, the people's court can change the charges charged by the people's procuratorate and convict the defendant on the charges determined at trial.

So, what you're saying is unlikely. "Fang Yi thought for a while.

"Well, I see. If I entrust you with my son's defense, will you keep my son out of jail?"

Ouyang finally understood that even if the charges prosecuted by the procuratorate are not found guilty, the court may convict and sentence the new charges, and the stain of his son cannot be erased.

But fortunately, he didn't expect his son to go to university to become a civil servant like others (mainly because his son's studies are too bad). In the future, he will have the cheek to talk to Zhou Defa, and let Boss Zhou arrange a job for his son for his own sake. errands.

Now Mr. Ouyang is most concerned about whether his son will go to jail and how long he will stay there.

Fang Yi didn't reply to Mr. Ouyang immediately, but took a sip of tea from his teacup and prepared his words: "If you entrust me to defend your son, I will do my best to get rid of the traffic accident charge charged by the procuratorate. Then strive for the best interests for Ouyang Jie.

As a lawyer, I dare not pat my chest to promise you anything, but I will do my best. "Fang Yi said.

"Well, let me ask one more question, do you have anything to do with the district court?" Mr. Ouyang asked.

Because Mr. Ouyang's relationship is not in the city, but in other provinces, since his son's accident, he has been entrusted with relationships like a headless chicken, invited people to eat countless meals, and was cheated of hundreds of thousands. He had no choice but to ask his boss Zhou Defa for help.

It's a pity that Zhou Defa moved his headquarters to the capital in the early years, and the leaders in the city changed several times, and he couldn't find any heavyweight to help him for a while.

There are a few people who are related to the leadership of Defa Construction, but because Mr. Ouyang is about to retire soon, there is no use value. In the early years, everyone fought with him again and left a lot of grievances, so everyone pretended Deaf and dumb, don't stretch your head.

When I met Fang Yi today, I felt that Fang Yi was quite reliable. Ouyang always wanted to try to see if Fang Yi was related.But Fang Yi is not much better than him, so it doesn't matter.

"Mr. Ouyang, I advise you not to think that way. Maybe you have found a relationship before. Now there are more people who talk big and don't do anything. If someone tells you that he has a relationship, don't believe it.

This is a public prosecution case, unless you can find a hard relationship that can handle both the procuratorate and the court, otherwise you might as well hire a good lawyer for your son down-to-earth. "Fang Yi didn't directly answer Mr. Ouyang whether he has something to do with it, but instead persuaded Mr. Ouyang to hire a lawyer with strong professional ability.

Be obedient and listen to the sound. After Fang Yi finished speaking, Mr. Ouyang immediately understood.

"Okay, Lawyer Fang, is your law firm in the capital?" Zhou Shen practiced in the capital, and Fang Yi was introduced by him. Prime Minister Ouyang took it for granted that Fang Yi also practiced in the capital.

(End of this chapter)