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

Chapter 47 Sophistry!

"Ah, I seem to understand! It means that if Zhao Kai doesn't find a way to save his son, he will have to bear legal responsibility, right?"

"Really? It seems like you are just saying that you have this obligation, right?"

"Having an obligation means being responsible. Not fulfilling one's obligations means being responsible. When I looked upstairs, I didn't listen well."

"It sounds very reasonable."

"You must be responsible for driving drunk, and you must be responsible for not sending your son to the hospital. You are in a dilemma."

"So the best way to solve this dilemma is not to have a son?"

"Relatively speaking, it should be easier to avoid drinking and driving, right?"

Netizens expressed their opinions and the discussion was quite intense.

Zhang Ziyu, who usually educates netizens on the law in a timely manner, is thinking hard at this time.

There is indeed a legal duty of rescue between father and son.

Although such situations are rare in practice, it is undeniable that if you fail to save someone if you can, you will indeed be held legally responsible.

However, drunk driving is undoubtedly a legal situation of dangerous driving, and according to regulations, a prison sentence will definitely be imposed.

So, what should we do when we can’t have both?

It seems that no matter which side you choose, you will face legal sanctions.

How is this going?

In the courtroom, Wang Feng opened his mouth several times, but no word came out for a long time.

His professional instinct told him that there was no doubt about Zhao Kai's dangerous driving.

And this is the reason why he appears here as a prosecutor today.

But the conflict of legal obligations raised by Ren Zhen does indeed exist in reality.

So how to solve this situation?

Wang Feng suddenly realized that after working on the case for so long, it seemed that he had not studied basic legal theories for a long time.

Conflict of obligations is a term that sounds familiar.

When I was in school, many teachers seemed to have talked about this problem.

But why can’t I remember any of them now?
"Prosecutor, do you have anything else to say about the defender's opinions?"

After Ren Zhen finished speaking, Wang Feng was silent for a long time, and the court hearing could not remain frozen like this.

Xu Yangfan turned his head and reminded him.

In fact, she can understand Wang Feng's situation very well.

In an originally simple and straightforward drunk driving case, the defendant even signed a recognizance letter admitting guilt and accepting punishment.

According to past experience, the prosecutor stands up and reads the indictment, and everyone looks at each other's evidence.

Then the defender said a few words about extenuating circumstances and should be given a lighter punishment, and the case was settled.

Who knew this would be the case today?
Not to mention Wang Feng, even Xu Yangfan's mind is full of that question now.

How should conflicts between legal obligations be resolved?

I stopped talking about it when no one mentioned it before.

Now that the defense lawyer has said it bluntly, it certainly cannot be treated as if he didn't hear it.

Are you still going to be sentenced directly to dangerous driving?
That's certainly not appropriate.

Is it not guilty?
That probably isn't quite right either.

Just thinking about this gave Xu Yangfan a headache.

Fortunately, she still had time to think.

And although there is no other judge around to discuss, the speeches of the prosecutor and defender can be used as a basis for her thinking and reference.

Xu Yangfan felt a little lucky for a moment.

"I"

Wang Feng hesitated for a long time, and finally spoke slowly:
"As for what the defender raised, it is true that the defendant Zhao Kai had a statutory obligation to rescue his son in certain critical situations, but it is also true that he violated relevant legal provisions and drove a motor vehicle while drunk.

The prosecutor believes that, first of all, although Zhao Kai's son's high fever is dangerous, it does not necessarily constitute a dangerous situation stipulated by the law. Therefore, it is difficult to determine that the defendant Zhao Kai's behavior of sending his son to the hospital that night was performed. Legal obligation to rescue. "Speaking of this, Wang Feng felt inexplicably guilty and subconsciously looked at the trial seat.

At this time, Xu Yangfan put her hands together on the table and lowered her head while reading the file, making her expression unclear.

"The child has a high fever. Isn't it enough of a crisis?"

"But the prosecutor is just considering the matter. After all, it is normal for a child to have a fever."

"I hope you feel the same way when your son has a fever."

"I'm just expressing my opinion objectively. Is it necessary to curse people like this?"

"But the lawyer has also submitted evidence. The defendant's child is in a special condition. If he is not sent to the hospital in time, it may be dangerous."

"But I can indeed understand the prosecutor. After all, the law is the law. If any situation can be regarded as a critical situation, it is inevitable that someone will take advantage of legal loopholes."

Knowing that his point just now was not very strong, Wang Feng took a deep breath, stabilized his thoughts, and then said:
"Secondly, even if the defendant Zhao Kai faced a dangerous situation stipulated by the law that night, no matter what the reason was, the evidence for his drunk driving behavior is conclusive.

What we can determine now is that Zhao Kai's behavior violated legal provisions and was suspected of dangerous driving, which violated one legal obligation, but he did not actually fail to perform another legal rescue obligation.

Therefore, the so-called conflict of obligations does not actually exist. We do not need to discuss the possibility of how to deal with the conflict of obligations, as long as we focus on the drunk driving behavior itself. "

After finally finishing speaking, Wang Feng felt relieved.

Although it's a bit against your will, there's nothing you can do about it.

He should send the child to the hospital, but it should also be punished for the criminal.

Wang Feng told himself this in his heart.

Glancing at Zhao Kai in the dock, Wang Feng didn't know what he was feeling.

does not exist?
Ren Zhen narrowed his eyes slightly, thought for a moment, and finally understood Wang Feng's logic.

"Ah? Why are there no conflicts again?"

"Funny! Why do I feel like all those who work in law are Riddlers!"

"What the lawyer said just now sounded very reasonable. How come what the prosecutor said now also seems to be very reasonable?"

"Fool on the wall!"

"It's not that I'm weak, it's that they are very talkative."

"What does it mean to be so glib?"

In the expectant eyes of Zhao Kai and Du Jingjing, Ren Zhen's heartbroken voice sounded:
"With so much evidence, it would be hard to believe that what Zhao Kai faced that night was not a critical situation!"

"Of course, the prosecutor also said that even if it was a critical situation, Zhao Kai still committed an unforgivable and heavy crime!"

Wang Feng:? ? ? ?

Where did I say that?
"Then let's just consider the situation as a critical situation. I'm sorry I still can't agree with the prosecutor's point of view!"

Hearing this, Wang Feng let out a sigh of relief.

If you agree, I will be worried.

If you don't agree, I just put my heart into my stomach.

comfortable!
"According to the prosecutor's logic, not sending the child to the hospital is a violation of legal obligations, and driving while drunk is also a violation of legal obligations. Therefore, on the night of the incident, the defendant Zhao Kai's behavior of driving drunk because he sent the child to the hospital was essentially a violation of constitutes a legal obligation and therefore does not constitute a conflict of statutory obligations.”

Ren Zhen's voice was filled with sarcasm:
"It sounds very reasonable, but if you examine it carefully, the prosecutor is completely sophistry!"

Wang Feng:? ? ? !

Melon-eating netizen:! ! ! ! !
Xu Yangfan:
I have seen people who have disagreements with the prosecutor, but I have never seen people who are so frank in court.

You are so brave!

Xu Yangfan glanced at both sides and breathed a sigh of relief.

Although there was a strong smell of gunpowder in the words, there seemed to be no sign of a fight.

Well, there shouldn't be a need for bailiffs.

"Defender, what do you mean?"

Wang Feng's face didn't look good.

"If we think according to the logic of the prosecutor, is it only when Zhao Kai fails to save his son and drives drunk that it is considered a conflict of legal obligations?"

(End of this chapter)