Lawyer

Chapter 178 Insufficient evidence!

"The defendant expresses his defense opinion." The fat judge looked at Ouyang Jie.

"I don't admit it. I don't constitute a traffic accident crime, not..." Ouyang Jie bit his lower lip hard, his whole body was trembling slightly, it could be seen that he was very nervous.

"The defender expresses his defense opinion." The fat judge gave Ouyang Jie a cold look, and then looked at Fang Yi.

Fang Yi picked up the defense he had prepared and said: "Dear presiding judge and judges of the collegial panel, I have been entrusted by the defendant Ouyang Jie in this case to act as his defender. Now I express my defense opinion as follows:
[-]. The defendant's serious injury did not constitute a crime

The defender believes that a crime is an infringement of the legal rights of others, not including self-harm.Under the premise of not endangering the country, public security and the rights and interests of others, natural persons have the right to dispose of their own rights and interests, and such behavior of disposing of their own rights and interests should not constitute a crime.

In the "Criminal Law" and related judicial interpretations, where human casualties are used as a condition for conviction and sentencing, generally self-inflicted casualties are not included.

For example, Article 230 of the Criminal Law stipulates "negligently causing death"; another example is the crime of intentional injury and negligently causing serious injury.The 'person' mentioned in the above clause obviously does not include 'I'.

[-]. The "person" in "causing serious injury to more than one person" in the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents should be interpreted in a limited way

Restricted interpretation, as the name suggests, refers to an interpretation method that narrows the meaning of legal provisions to limit them to the core meaning, so as to correctly interpret the true and reasonable meaning of legal provisions.

If the "person" in "causing serious injury to more than one person" stipulated in the above explanation includes the person and others, it will cause logical confusion.

For example, the above-mentioned Interpretation Article [-], Paragraph [-], Item [-] stipulates that 'if one person dies or more than three people are seriously injured, he shall bear all or the main responsibility for the accident. '

We believe that the "one person who died" here should not include the person himself, because if the person died in the accident, it would be neither necessary nor meaningful in law or in practice to stipulate that his behavior constituted a crime.

If the "person" of "one death" does not include the person, then similarly, the "person" of "seriously injured three people" should not include the person.Therefore, the second paragraph of Article [-] in the above interpretation stipulates that the "person" in "traffic accident causing serious injury to more than one person" should not include the person himself.

[-]. It is contrary to common sense to convict and sentence the seriously injured person

Defenders believe that criminal punishment is imposed on criminals because their behavior has reached a very serious level and caused serious social harm.

The defendant in this case, Ouyang Jie, caused serious injury to himself by driving under the influence of alcohol. He did not cause actual loss to others, but became a victim himself. It is contrary to common sense to convict and punish the defendant for his behavior.

Intentionally injuring oneself should not constitute a crime, nor should the act of negligently causing serious injury to oneself constitute a crime.

To sum up, Ouyang Jie, the defendant in this case, caused his serious injury by drunk driving, which should not be evaluated as a constitutive element of the crime of causing a traffic accident. The above defense opinions are requested to be adopted by the court.

The defense opinion has been delivered. "Fang Yi said.

After Fang Yi finished his defense, the fat judge looked at the case file in his hand, frowned, and looked up at Prosecutor Gao after a while: "Prosecutor, based on the facts ascertained and the arguments of both parties, we believe that the case There is insufficient evidence for the prosecution of the traffic accident crime, do you consider changing the prosecution?"

During the trial of a criminal case, if the judge believes that the charges prosecuted by the procuratorial organ are inconsistent with the charges found in the trial, the judge has the right to suggest that the procuratorial organ change the prosecution, but it is the procuratorial organ's right to change the prosecution.

After whispering a few words with colleagues beside him, Prosecutor Gao said: "We are applying for a change of prosecution."

Although the procuratorate's change of prosecution was within Fang Yi's expectation, Fang Yi's heart skipped a beat when the other party formally proposed it.

"Okay, I'll give you seven days to resubmit the indictment....Since the public prosecutor wants to apply for a change of prosecution, the court is now adjourned, and the two parties will be notified of the resumption time of the court." After the fat judge finished speaking, he rang the gavel, and the trial ended.

The last thing Mr. Ouyang wanted to see happened. The procuratorate wanted to change the prosecution, which meant that what Fang Yi said before would happen. This was not a good thing for his son.

After walking out of the gate of the court, Mr. Ouyang pulled Fang Yi aside and asked, "Lawyer Fang, look at this case, will the procuratorate charge him with dangerous driving?"

"It's very likely. Judging from today's trial, the judge gave suggestions to the prosecutor, which means that the charges charged by the prosecutor are inaccurate, and the judge supports us.

If the prosecutor's office changes the prosecution, it is likely that the charge of dangerous driving will be prosecuted again.If that's the case, it's just a fallback we've agreed upon, and I'll plead misdemeanor.Considering that Ouyang Jie still needs treatment and recovery, even if he constitutes a crime of dangerous driving, the court will probably not put him in prison.

You wait for my notification, and I will be notified when the court determines the time of the next court session. "Fang Yi thought for a while.

"Okay, I'll trouble you then." After speaking, Mr. Ouyang got into the BMW on the side of the road and left.

Zhao Zhongzhong went to work in the law firm before he recovered. The reason he talked about sweet-scented osmanthus to his wife was that instead of lying at home, it is better to go to the law firm, spend money while lying at home, and make money while sitting in the law firm.After hearing this, Tan Guihua praised him for his spirit of not getting out of the line of fire after minor injuries. In her opinion, collecting the wool of the law firm is much better than wasting the food at home.

In fact, Zhao Zhongzhong didn't really want to grab the wool of the law firm, but to hide from his wife, Tan Osmanthus, and Tan Osmanthus asked for leave to take care of him at home. After so much work was delayed, the leader of her unit didn't even call her back. Humming, Lawyer Zhao can't stand it anymore.

When he got off work, Chu Huai glanced at Zhao Zhongzhong, who was packing his belongings, who was sitting on the workstation with his head drooping, humming a ditty and leaving the law firm with a cowhide bag, and rode an electric bicycle to Taiyueju.

Today is the day when the orthopedic distributors of the county hospital pay their bills once a month. Chu Huai calculated that last month’s harvest was good, and he could get a few thousand yuan. The money distributed to the distributors had already been prepared. In the purse in the car basket.

When he came to the door of the reserved private room, Chu Huai walked in carelessly with his bag in his arms.

"Old Guo, are you here early?!" Chu Huai said with a grin.

"Here we come! Last month I introduced several cases to you, and I collected a lot of money." The middle-aged man called Lao Guo said with a smile on his face.

"It's okay! Don't worry, I said that we will make a fortune together, and we will never treat you badly. I, Chu Huai, am definitely not such a picky person. Just a little bit, your share is in the purse." Chu Huai said, putting the money in his hand The purse was handed over to the other party.

(End of this chapter)