If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 41 I have objections!The defendant is not guilty!

Chapter 41 I have objections!The defendant is not guilty!
"Defendant and defense lawyer, do you have any objection to the facts and charges charged by the prosecutor?"

Although this case is very simple, and the defendant has chosen to apply the simplified procedure when he pleads guilty and accepts punishment, routine inquiries still need to be conducted.

If the defendant changes his mind temporarily, the summary procedure can be converted to an ordinary procedure trial again.

From the moment he entered the court, Zhao Kai's legs had been shaking.

When Wang Feng read out the indictment, Zhao Kai's face turned visibly pale. Even though the central air-conditioning in the courtroom worked well, there was still a layer of fine beads of sweat on his forehead.

Hearing the judge's question at this time, he swallowed and then stammered: "No objection."

Judge Xu Yangfan, who was sitting on the bench, breathed a sigh of relief.

Since there are no objections now, the case will be easier to handle.

If everything goes well, it might be over in a few hours.

Although the judges were sitting there solemnly and solemnly, in fact they were looking forward to the end of the trial more than anyone else.

This seat is not that easy to sit in.

Xu Yangfan nodded with satisfaction and looked at Ren Zhen.

Since the parties have no objections, then the lawyer must have no objections, right?
"Defender, if you have no objections, you can express your defense opinions."

"I have objections!"

As soon as Xu Yangfan finished speaking, Ren Zhen stood up immediately.

Xu Yangfan:? ? ? ?
Wang Feng:? ? ? ?

Didn’t you persuade Wang Feng before he confessed and accepted the punishment?
Why do you have objections now?
"Defender, you can start to express your defense opinions and make sure to clarify your objections to the indictment so that we can focus on the focus of the dispute later."

Although he was a little surprised, Xu Yangfan just nodded, indicating that Ren Zhen could start.

"Okay, presiding judge."

Ren Zhen gave Xu Yangfan a professional smile again and looked at Wang Feng at the prosecution table.

At this time, Wang Feng had no expression on his face, tapping his fingers lightly on the table, not knowing what he was thinking.

"I have an objection! Why does this sentence sound so familiar?"

"Are you not familiar with it? In the last husband-murder case, this sentence should have the highest frequency of appearance, right?"

Several barrages passed through the live broadcast room.

Zhang Ziyu pretended not to see it, holding her round face with both hands, curious about what novel ideas Ren Zhen would come up with.

Although I didn’t know anything about this case in advance, judging from the prosecutor’s indictment, this case should be relatively clear.

Coupled with the application of simplified procedures, and the defendant pleading guilty and accepting punishment, there should be no surprises.

But Zhang Ziyu was not very surprised.

After all, in her subconscious mind, Ren Zhen may have appeared in the court just to create accidents.

"My defense is as follows:
The defense accused the public prosecution agency that on the night of the incident, the defendant drove a motor vehicle drunk and was stopped by the traffic police on the XX Road-XX section, and the blood alcohol content reached 147mg/100ml. These facts are accepted. "

Wang Feng was originally expressionless, but when he heard this, he couldn't help but feel a little confused.

In court, it is normal for a defense lawyer to have different opinions than the prosecutor, so he was not too surprised just now.

But Ren Zhen said he had objections to the indictment. Why does it sound like he is pleading guilty now?
Wasn't it a slip of the tongue just now?

Wang Feng's doubts did not last long, and Ren Zhen's defense continued. "Although I have no objection to the above facts, I believe that the defendant Zhao Kai is not guilty!"

Xu Yangfan and Wang Feng's eyes widened at the same time, as if they were questioning their ears.

Even Zhao Kai, who was in the dock, couldn't help shaking violently.

Ren Zhen had told him something before, but Zhao Kai was still a little frightened when he really heard him say it in court.

Yes, fear.

Before Ren Zhen won the husband-murder case that shocked the entire network, Zhao Kai had already entered the detention center and knew nothing about the outside world.

So when I met Ren Zhen for the first time, I found that the lawyer was a bit young, and I was actually a little disappointed.

But thinking about his family's financial situation, Zhao Kai also knew that he didn't have the extra money to hire an expensive lawyer for him.

When Ren Zhen proposed to defend him not guilty, he was not too happy, but more hesitant.

Although he didn't know much about the law, during the days he spent in the detention center, he learned from his roommates that almost all cases sent to the court by the public prosecutor's office were sentenced to prison terms.

So when he heard the idea of ​​innocence, his first reaction was, is this lawyer trying to trick me?

Later, Ren Zhen said a lot, which made him dizzy, and in the end he only listened to one sentence.

That is to bookmark the plea and recognizance.

So there is the current situation.

As for whether there was a conflict between admitting guilt and not guilty, he didn't react until now.

But it's too late to regret it now.

"It is true that Zhao Kai drove a motor vehicle drunk on the night of the incident, but the defender believes that on the one hand, Zhao Kai's drunk driving behavior did not cause a traffic accident, which means that it did not cause harmful consequences, so the social harm of this matter is not considered big."

People in the court had different thoughts, but Ren Zhen, who was expressing his opinions, was the most unhurried one:
"On the other hand, Zhao Kai drove after drinking because his child suddenly had a high fever and it happened for a reason, so there was no criminal intention subjectively.

Moreover, after deciding to go to the hospital, Zhao Kai's first reaction was to call an ambulance and take a ride-hailing service instead of driving directly, which shows that he has basic legal awareness, which is a sign of respect for the law. "

“Although drunken driving of a motor vehicle is one of the manifestations of dangerous driving, we can see from the above discussion that Zhao Kai’s drunken driving behavior objectively did not cause any harmful consequences, and subjectively the defendant had no criminal intent.

What's more, in the corresponding provisions of our country's criminal law, all the situations listed in dangerous driving are corresponding behaviors that are dangerous to a certain extent, but we can clearly see that Zhao Kai's behavior is not socially dangerous enough to be punished. .

To sum up, the defender believes that defendant Zhao Kai’s behavior does not constitute dangerous driving! "

Ren Zhen’s defense submissions concluded.

Xu Yangfan crossed his hands in front of him, thinking about something.

Wang Feng frowned even more, as if he wanted to stand up and refute Ren Zhen right away.

"I'm familiar with this! You must first be objective and then subjective before you can convict!"

“It’s neither objectively consistent nor subjectively consistent, so isn’t this defendant unjustly accused?”

"But he did drive drunk. Drunk driving is a crime."

"What the lawyer said seems to make sense."

"Although what the class representative said is objective and subjective, dangerous driving should be considered as drinking and driving, regardless of whether there is a car accident or not, right?"

"You kid, I've noticed you're smart since you were a kid!"

(End of this chapter)

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