Lawyer

Chapter 515 Want to fool me, no way!
"In response to the defender's defense opinion, we express our opinion as follows:

First, the defendant Zhao Gang is a veteran driver who has worked as a truck driver for more than six years and has extensive driving experience.At the time of the incident, the defendant sensed that the car was bouncing, and he should have known that he might have hit someone, so he should have stopped to check, but Zhao Gang did not stop, but drove away from the accident site and continued to the construction site to pull dirt.We believe that Zhao Gang's behavior clearly has the nature of a hit-and-run traffic accident.

Second, when Zhao Gang pulled the muck back to the accident site, he saw a traffic policeman investigating the scene, and immediately reported to the team leader that he might have hit someone, and then voluntarily surrendered to the public security traffic management department on the same day.

We believe that the defendant gave up his purpose of evading legal investigation in time during the escape process, voluntarily surrendered, and confessed truthfully, which constituted surrender.However, no matter what purpose the defendant gave up escaping, his act of surrender does not affect the identification of his previous escaping behavior.

To sum up, we believe that the defendant constituted the crime of causing a traffic accident, and there was an aggravated punishment for fleeing after the accident.complete. " said the inspector.

"The defender can respond to the prosecutor's opinion." The presiding judge said.

"In response to the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

The defender believed that, judging from the evidence provided by the public prosecutor, when Zhao Gang left the accident scene, he did not know that a traffic accident had occurred. When he returned that day, he saw the police investigation scene at the intersection and speculated that he might have hit someone. , Therefore, it cannot be deduced with certainty or exclusiveness that the defendant's behavior of leaving the accident scene must be for the purpose of evading legal investigation.

According to the principle of 'beneficial to the defendant when in doubt', this case should not determine that the behavior of the defendant Zhao Gang was a hit-and-run traffic accident.In the case where the defendant cannot be clearly determined to be a hit-and-run traffic accident, there is no act of giving up and fleeing, and it only constitutes voluntary surrender. "Fang Yi said.

Seeing that the prosecutor seemed to have something to say, the presiding judge said, "The prosecutor can continue to respond to the defender's defense opinions."

"Responding to the defense's comments and responses, the prosecutor made the following comments:

According to the "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents", the second paragraph of Article [-] stipulates that if a traffic accident causes serious injury to more than one person, bears all or the main responsibility for the accident, and flees the scene of the accident in order to evade legal investigation, it shall be regarded as a traffic accident. Conviction.

The defendant, Zhao Gang, drove a large truck and caused a major traffic accident involving the death of one person while driving. The statutory sentencing situation of fleeing after a traffic accident should be applied.complete. " said the inspector.

"The defender can respond to the public prosecutor's opinion." The presiding judge said.

"Responding to the public prosecutor's response, the defender believes that the public prosecutor's point of view is a misinterpretation of the above explanation. The reasons are as follows:
Paragraph [-] of Article [-] of the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents is a provision for the conviction of traffic accidents.The third article is a special explanation for "traffic accident and escape", which clearly excludes the situation of "fleeing the scene of the accident in order to avoid legal investigation" mentioned by the public prosecutor just now. situation.

That is to say, the behavior of 'fleeing after a traffic accident' cannot be used as both the circumstances of the conviction and the statutory aggravated punishment, otherwise it will violate the principle of prohibiting repeated evaluation of the same behavior in the criminal law.complete. "Fang Yi secretly said: I have never been afraid of anyone when I engage in theory. If you want to fool me, there is no way!"
……

Ten minutes after the adjournment, members of the collegial panel walked into the courtroom again, and the presiding judge rang the gavel.

"Continue the trial now, and ask the judicial police to bring the defendant Zhao Gang to the court. This case has been deliberated by the collegial panel and has reached a verdict. In view of the opinions of both the prosecution and the defense, combined with the focus of disputes in this case, and based on the facts and evidence of this case, this court makes the following comments:

The defendant, Zhao Gang, was driving a large truck. He found out that the situation was not timely and handled it improperly during the driving process, causing a major traffic accident involving the death of one person. He did not stop immediately after the traffic accident to protect the scene, but hit and fled. His behavior has constituted a traffic accident crime.

Considering that Zhao Gang voluntarily surrendered after the incident and actively compensated the economic losses of the victim's relatives, the punishment can be mitigated.In accordance with Article 130 of the "Criminal Law of the People's Republic of China" and No. 60 Article [-], Paragraph [-], the judgment: the defendant, Zhao Gang, committed the crime of causing a traffic accident and was sentenced to one year and six months in prison. " said the presiding judge.

When he heard the words "hit and run" in the commentary, Fang Yi's heart skipped a beat. It seems that the court accepted the opinion of the procuratorate and determined that the defendant constituted a traffic accident and then escaped.But the final sentence made Fang Yi's heart move again. One year and six months are considered appropriate in this case. I don't know what the parties will think.

After the verdict was pronounced, the defendant Zhao Gang was taken away by the judicial police.When Fang Yi and Zhou Ying walked out of the court, Zhao Jiuhe walked over.

"Lawyer Fang, what do you think of the court's verdict? Can the verdict be changed to a lighter one if appealed?" Obviously Zhao Jiuhe is not very satisfied with the court's verdict.

"I think the verdict of this case is not problematic in terms of the nature of the case, and the sentencing is also appropriate, but the court found that Zhao Gang was hit and run, which is debatable." Fang Yi's implication is that the appeal is of little significance.

Listen to the words, Zhao Jiuhe is not stupid, and he understood Fang Yi's meaning as soon as he heard it.

A few days after the verdict of the first instance was pronounced, the criminal judgment was issued. Within the statutory time limit, neither the defendant appealed nor the procuratorate lodged a protest, and the judgment became legally effective.

It's been several days since the beginning of autumn, and the weather hasn't cooled down yet. The autumn tiger descends the mountain trembling with prestige, but it's already at the end of its strength.

Fang Youcai called Fang Yi and asked several times when Fang Anzhi would return.On this day, Fang Yi received a message that Li Shuming and Fang Anzhi would return to China the next day.

On the day he received the news, Fang Yi returned to his hometown and brought his father Fang Youcai to the city.In the afternoon of the next day, Fang Yi left the office, drove to the train station, and picked him up.

At about five o'clock in the afternoon, many people crowded out of the train station, carrying suitcases and backpacks. They were passengers who had just got off the train.

"Xiaozhi! Here." Fang Yi stood at the exit and waved to Fang Anzhi and Li Shuming who were in the crowd.

Soon the two came over, and to Fang Yi's surprise, an old acquaintance - Yunmei followed behind them.

(End of this chapter)