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

Chapter 42: Unscrupulous lawyers can do a lot of harm to people!
The barrage was watching the excitement, and the discussion was in full swing.

As for Zhang Ziyu, her expression didn't look right even before her defense comments were over.

Friends in the water did not hear it as normal, but as a legal practitioner, she immediately discovered the loopholes in the defense opinions.

Moreover, one barrage inadvertently hit the point.

The crime of dangerous driving does not require direct consequences.

really.

Under the chairmanship of the judge, the prosecutor stood up.

"The prosecutor does not accept the defense opinions of the defender."

After a brief surprise, Wang Feng began to refute the defense opinions with some contempt in his heart.

“Judging from the defense opinion, the defender has no objection to the defendant’s drunken driving of a motor vehicle that night, so I will not elaborate on this part of the facts.

However, as the defender mentioned, the defendant's behavior objectively did not cause harmful consequences, and subjectively there was no criminal intent. The prosecutor expressed doubts about this. "

At this point, Wang Feng felt that the lawyer opposite him was too amateurish.

“In our country’s criminal law system, we divide crimes into result crimes and behavioral crimes.

Consequential crime means that the offender not only commits a specific criminal act, but also causes certain harmful consequences. Only then is the crime completed.

But behavioral crimes are different. Behavioral crimes do not need to cause specific harmful results. The offender only needs to carry out the specific acts stipulated in the criminal law, and the crime is deemed to have been completed.

What the defender said that the defendant had no criminal intention subjectively is even more nonsense! "

Wang Feng spoke righteously and sternly, and the more he spoke, the more he felt that he had a chance to win:

“When the defendant drove a motor vehicle on the road, he must have been aware of the possible consequences of his drunk driving behavior.

The defendant may be reluctant to the possible consequences, but it does not mean that he does not have criminal intent.

The defender mentioned that the defendant had called an ambulance and taken an online ride-hailing service before driving, which proved that the defendant had a clear understanding of the illegality of drunk driving. Therefore, the defendant was guilty of a subjective crime. The intention is very clear, there is no other possibility! "

Xu Yangfan nodded, while Wang Feng looked indifferent and looked like a master.

Well, not only did he explain the law and facts clearly, but he even used the other party's defense to directly refute it, allowing the other party to experience what it means to shoot oneself in the foot.

I am so witty!
It seems that my business ability has improved recently!
Too spicy!
"I see!"

"No wonder I feel something is wrong. It turns out there is so much knowledge in it."

"What does it mean to be a criminal?"

"I don't know how serious it is. Anyway, what the lawyer said just sounds reasonable, but what the prosecutor said is really reasonable. Is that what you mean?"

"Doesn't that mean that Ren Lu is telling lies?"

"Emmmm, although I really don't want to admit it, it seems like this is indeed the case?"

"The fans have turned around!"

"Actually, after lawyer Ren gave his defense opinion just now, I wanted to explain, but the prosecutor didn't give me this opportunity."

Although I have doubts in my mind, I still want to explain it to the water friends:

“The consequential crime mentioned by the defender means that a crime must be caused if there are consequences. For example, if I want to steal other people’s things, and I have to steal them, then you can say that I have committed the crime of theft.

But if I fail to succeed, it may theoretically constitute an attempted theft. But if I fail to succeed, it is actually difficult to determine whether my previous theft constitutes a crime.

So we have such a distinction, that is to say, when certain consequences are caused, a corresponding crime is constituted.

In fact, this is in line with what most of us know. "

"No wonder I always want to convict Yuan Lu, but I don't know what crime to convict. It turns out that you tried to steal my heart!"

"House Manager, this guy has been silenced!"

"Too oily"

"I have diabetes, I come first!"

Halfway through Zhang Ziyu's words, a barrage floated past, arousing the indignation of the entire live broadcast room.

It made her dumbfounded for a moment, and she could only pretend that she didn't see it. “The opposite of result crimes are less common behavioral crimes.

There is no need to cause any consequences. As long as the criminal performs certain actions, the crime can be judged to be completed.

What we see now is that the crime of dangerous driving is one.

Perhaps what Lawyer Ren just said about being objective and subjective is more confusing. Let me give you another example and you will understand. "

After thinking for a moment, Zhang Ziyu continued:
"For example, let's take the crime of false accusation and frame-up. For this crime, as long as you fabricate some facts and want to frame others, they will be punished criminally.

Regardless of whether your purpose is achieved or not, it has constituted the completion of the crime of false accusation and frame-up. "

Speaking of this, Zhang Ziyu's doubts became even stronger.

Judging from the performance in the Wen Xuan case, Ren Zhen does not look like a lawyer who would make such a low-level mistake.

How could this be?
"I see!"

"I know all the rules of the circle, how come Lawyer Ren doesn't understand them?"

"Brother, what you said is very dangerous!"

"Our bad girl has become a unit of measurement, right?"

In the court, Wang Feng has already begun to show evidence.

"It can be seen from the inquiry transcript and blood alcohol test report that the defendant Zhao Kai was driving drunk."

Wang Feng was high-spirited. While showing the next set of evidence, he looked at the lawyer opposite.

This kid must be dumbfounded now, right?

But when he glanced over, he saw a hint of an evil smile.

? ? ? ?
How can you still laugh?

And what I said is so reasonable, why does it seem like you are mocking me?

Wang Feng withdrew his gaze and focused on the next set of evidence.

"These are five pieces of surveillance data. From these five pieces of video, we can see that 3 minutes before he was stopped by the traffic police, the defendant drove very fast when passing these five cameras, and the speed limit on the road where the incident occurred was 40. "

Wang Feng glanced at Zhao Kai who was sweating profusely and curled his lips secretly.

Now I know I am afraid.

Why did you go early?
I just want you to know that if you commit a crime, you will definitely be punished!
“If you look at it normally, speeding is just a common illegal behavior, with a maximum penalty of one point and a fine.

But combined with the fact that the defendant was driving drunk, this undoubtedly constituted dangerous driving!And the plot is extremely serious! "

“Therefore, the defendant objectively committed dangerous driving, and subjectively had the intention to drive dangerously at an extremely fast speed, which was even more harmful to society than ordinary dangerous driving.

Even if there is a cause, you must bear corresponding criminal responsibility! "

Wang Feng's serious voice fell, and the fat on Zhao Kai's face trembled, almost crying.

It's over.

I just know that this cheap lawyer is not good enough.

Okay, why do you have to plead not guilty?

I've already accepted your advice, why can't you admit it?
Doesn't this mean I will be severely punished?

on the bench.

Seeing that Wang Feng had finished speaking, Xu Yangfan looked at Ren Zhen:
"Defender, do you have any objection to the prosecutor's evidence?"

In Xu Yangfan's view, there is nothing left to say about this case.

I originally heard that the defense lawyer had objections to the indictment, and I thought he could say something new.

Unexpectedly, the defense opinion was full of loopholes, and his understanding of the law seemed to be worse than that of the new intern in their office.

Unscrupulous lawyers are really harmful to people!

(End of this chapter)