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

Chapter 44

Sure enough, after hearing this sentence, Judge Xu on the trial bench raised his eyebrows slightly.

Why does this sound a bit off?

"The possibility cited by the prosecutor is telling us that if the defendant still cannot go to the hospital after exhausting all possibilities, does drunkenness not constitute dangerous driving?"

My heart skipped a beat.

"Of course I didn't mean that!"

Almost subconsciously, Wang Feng denied speaking out.

"I just gave a random example. The defender's point of view is completely partial!"

"What do you mean you can't knock on your neighbor's door? Don't they sleep at one o'clock in the morning?"

"But human life is at stake. If I can save a life by sleeping less, I will definitely be willing to do so."

"Haha, you are the only one who is kind, right?"

"I'm just telling you what I think, what are you doing in Yin Yang?"

"Don't argue, don't argue. We are watching the live broadcast. Why are you arguing?"

Obviously, the examples cited by Wang Feng caused dissatisfaction among some netizens.

And this is exactly the direction Ren Zhen leads everyone to think about.

Doesn’t the judge agree without even looking at it?
"I also feel that the prosecutor definitely didn't mean this."

When the conversation changed, Wang Feng suddenly felt a chill on his back.

If Huang Jing were here, he would know immediately that Ren Zhen is going to start digging holes again!

“The prosecutor just tried to prove that the defendant subjectively made no efforts to avoid drunk driving by citing such an example, thereby demonstrating that the defendant’s drunk driving behavior is extremely harmful to society.

However, judging from the evidence just presented, I think it is clear enough whether the defendant made any efforts. "

Xu Yangfan couldn't help but nodded.

Although Ren Zhen's evidence does not seem to be of any help to his defense of innocence, at least from this point of view, Ren Zhen's evidence is undoubtedly more convincing.

"As for how high the social harm of the defendant's behavior is, I think it is necessary to comprehensively consider the lack of harmful consequences and the defendant's admission of guilt and punishment. I believe that we can have a rough judgment on his subjective malignancy and social harm. .”

Ren Zhen finally spoke, and Wang Feng had also come to his senses.

When he found out that he had been taken away by Ren Zhen unknowingly, Wang Feng immediately became cautious.

The direction of Ren Zhen's evidence was somewhat unexpected, so he didn't think much about it.

Now that I think about it carefully, the example I gave just now is indeed inappropriate.

But if you say it, it will throw water out. There is no point in worrying about it now.

"Although the defender's argument makes some sense, it is more based on the defendant's subjective thoughts, trying to demonstrate that his behavior is not harmful to society."

After clearing his thoughts, Wang Feng immediately changed his position and grasped the key points:

"But even if we put aside for the time being its social harm, Zhao Kai's drunk driving behavior fully meets the constituent elements of the crime of dangerous driving, and the defendant has pleaded guilty and accepted punishment, so I think the defender's argument is of little significance."

Focusing on the core of the problem, Wang Feng breathed a sigh of relief.

But he saw Ren Zhenshi standing up calmly, his face full of calmness.

What is he calming down about?
The doubts in his heart did not last long, and Ren Zhen gave an answer.

"President, what the prosecutor just said is very correct. Zhao Kai's drunk driving behavior does meet the elements of dangerous driving."

Xu Yangfan was confused again.

What the hell is this lawyer doing?
I can understand them both separately.

How come they are strung together and become so confusing to me?

Don’t you want to plead not guilty?Why did the prosecutor get to your heart again?
Where are you from?
The judge was confused, but Zhao Kai's heart was severely tugged at this moment.

Isn't this my lawyer?

Why did you side with the prosecutor?
Facing the confused faces, Ren Zhen didn't hesitate for long:

"However, the defender believes that the defendant Zhao Kai's behavior is completely in compliance with Article 20 of my country's Criminal Law, the relevant provisions of emergency evacuation. Therefore, the defendant's drunk driving behavior should not constitute a crime and he will not bear criminal responsibility!"

Emergency escape?
Xu Yangfan and Wang Feng were stunned for a moment, and instantly realized Ren Zhen's purpose.

"Emergency evacuation? What is this new term?"

"Um, isn't this a concept in civil law? Can it be applied in criminal cases?"

"Law student? Your textbook is not from the last century, is it? There is also emergency evacuation in criminal law, right?"

"Emergency, literally understood, means that in some emergency situations, appropriate evasive actions can be taken to reduce or eliminate liability if damage is caused."

After briefly explaining this concept, Zhang Ziyu's little mind was spinning rapidly.

The concept proposed by Ren Zhen is not uncommon, and some commentators have said it well.

The core concept of emergency avoidance remains unchanged, but there are differences in its expression in civil law and criminal law.

Zhang Ziyu imagined several examples of emergency evacuation in his mind, and then shook his head.

Can emergency evacuation be used in this drunk driving case?
"Emergency avoidance is a last resort action taken when faced with an ongoing danger. In this case, the defendant obviously did not"

Wang Feng was suddenly stunned.

Having said this, it seems that it matches the example I just gave?

"Why didn't the prosecutor say anything?"

"I got stuck?"

"I seem to understand, so the point is, is this drunk driver facing any danger that is happening?"

"Being hacked with a knife is considered dangerous, but the child's fever is not considered dangerous, right?"

"Why don't you count it? The child has a serious fever, okay?"

"Indeed, I have a friend whose child had a fever and didn't see a doctor in time, and he turned into a stupid child!"

"It doesn't matter what we say. Whether there is any danger or not depends on the judge's decision."

"Don't worry about it. You will know when the prosecutor gets stuck. He also feels that something is not right. I estimate that this situation is most likely an emergency evacuation."

After discussing the barrage for a long time, Zhang Ziyu couldn't figure out the reason.

So can this be considered an ongoing danger?
It seems to count?
It doesn’t seem to count.
Before she could think clearly, Ren Zhen had already taken over Wang Feng's words.

"From the prosecutor's point of view, it seems that he does not recognize the defendant's child's high fever as an ongoing danger?"

Wang Feng:? ? ? ?

When did I say that?
I'm just down.

Can't you just restart it?

What are you urging!
Of course Ren Zhen would not give him this opportunity:

“Although the law is different from common sense, it cannot be separated from the auxiliary judgment of common sense.

If this issue is legally ambiguous, we might as well put aside legal techniques and theories. "

Ren Zhen took a long breath and looked at the judge on the bench:

“When there is a conflict between legal logic and common sense, shouldn’t we reflect on whether there is something wrong with our logic?”

(End of this chapter)