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

Chapter 49 Precedent
In the end, Wang Feng did not answer Ren Zhen’s question:

"Although the defender believed that the defendant's behavior was an emergency, the prosecutor believed that the family member's high fever was not enough to be considered an 'ongoing danger' in the emergency. Although the defendant's son's situation in this case was special, compared to A general fever is more dangerous, but it is still not enough to prove that the defendant's drunk driving behavior meets the requirements for emergency avoidance.

If it is determined that the behavior of the defendant Zhao Kai constitutes an emergency evacuation, it is equivalent to raising the level of danger of having a fever. If such a precedent is set, then in the future, as long as there is a person with a fever in the car of a drunk driver, his drunk driving behavior will be All can be considered as emergency evacuation.

This is obviously inconsistent with our normal logical understanding. In the long run, it is bound to have many negative impacts on society and the rule of law. Therefore, the behavior of the defendant Zhao Kai does not constitute emergency avoidance. "

Regarding Ren Zhen's question, Wang Feng chose to avoid or ignore it, and directly started a speech similar to a concluding statement.

This means that Ren Zhen won the victory in the discussion about the conflict of obligations just now.

Once this argument is over, judging from the current situation, the trial is basically coming to an end.

Xu Yangfan cheered up and began to think.

How to judge?
In the prosecutor's seat, Wang Feng continued:
"As for the issues raised by the defender regarding conflicts of legal obligations."

Having said this, Wang Feng paused for a moment.

Just now, he didn't respond directly to Ren Zhen, which was already a loss.

If you don't give any reaction now, there will be no chance to add anything.

After a brief hesitation, Wang Feng slowly spoke:
"Although the defendant Zhao Kai, as a father, certainly has the obligation to rescue his son when Zhao Cong's fever persists, the existence of this obligation does not mean that the defendant can take any, even illegal, means to rescue his son. Fulfill his obligation to rescue his son."

"The defendant, Zhao Kai, chose a method that will be punished by law. Although there is a reason, drunk driving will undoubtedly cause damage to public safety.

In this case, the existence of the obligation to rescue may reduce the defendant's responsibility to a certain extent, but it is definitely not a reason why the defendant is innocent.

Therefore, the defendant Zhao Kai drove a motor vehicle while drunk on the night of the incident, seriously endangering public safety. The criminal facts are clear and the evidence is sufficient, and he should bear criminal responsibility. "

The prosecutor sat down.

Wang Feng's performance time is over.

The judge in the trial seat frowned, looking at the prosecutor's speech on the screen, and fell into thinking.

The court fell silent for a while.

"Is this the end?"

"So in the end I still didn't answer the lawyer's question."

"Although you didn't say it explicitly, it's a disguised admission, right?"

"I don't like hearing what the prosecutor is saying. What does it mean that a fever like this increases the risk? A child has a fever and is issued a critical illness notice. It is very dangerous in the first place, right?"

"And although he didn't say anything more about asking his neighbor to be sent to the hospital, he still meant that in his words?"

"I'm really confused. At that time, it's not something ordinary people can decide whether to use legal or illegal methods, right? Besides, as a father and a mother, I'm almost dying of anxiety, so how can I care about whether it's illegal or not?"

"To put it bluntly, if you break the law, you will be punished. There can be no exceptions. This is the idea of ​​​​public prosecutions!"

"If you do something illegal, of course you must bear certain legal responsibilities."

Seeing the resentment of the water friends getting bigger and bigger, Zhang Ziyu quickly came out to smooth things over:
"Think about it, if you break the law or even commit a crime, but you always have one or another reason to avoid criminal punishment, what will our society look like?

It goes without saying that everyone knows that there will definitely be some people who will take advantage of legal loopholes and frequently do bad things. "

As soon as these two sentences were said, the barrage immediately became much more refreshing.

Zhang Ziyu breathed a sigh of relief.

Most netizens are quite sensible.

"So when prosecutors make criminal charges, they should be more strict. In fact, they are responsible for the entire society and even each of us."

"As for today's case, I think the judge will also make the most appropriate decision."

Although Zhang Ziyu comforted the water friend with his mouth, he actually sighed a little in his heart.Some of what the barrages say makes sense to a certain extent.

Under the current system, lawyers can actually play a limited role in criminal cases.

And if you encounter a case like Zhao Kai's, although you feel very sympathetic, but as the prosecutor said, the cause of the incident can only reduce the responsibility to a certain extent, but it cannot completely eliminate the responsibility.

However, in today’s case, maybe that’s not the case?
Seeing the figure who had just stood up in the live broadcast, Zhang Ziyu suddenly thought of Wen Xuan's previous case.

He created a miracle last time, but what about this time?
"Defender, do you have any other comments?"

Realizing that the trial was stalled, Xu Yangfan organized his thoughts and looked at Ren Zhen.

"The defender does not accept the prosecutor's suggestion that Zhao Kai's behavior was an emergency and may set a precedent that will affect the entire society."

Ren Zhen's voice was calm, but it contained an indescribable feeling.

precedent?I'm scheduled to open today!

“First of all, our country’s legal system does not clearly stipulate the effectiveness of precedents.

Therefore, as for what the prosecutor said, how we identify today's case will only provide a reference for future legal thinking. It is just a relatively new reference, but it will not of course set a identification standard for future cases. .

Therefore, the prosecutor is planning ahead and does not need to worry too much. "

"Why does this tune seem familiar?"

"In the last husband-murder case, Ren Lu also said that previous cases are only of reference significance, but they are not the natural basis and basis for judgment."

"It's so funny that you haven't planned for a rainy day. It's obviously unfounded worry, right?"

"I also remember that the reference answer is not the correct answer!"

"I was really a little worried after what the prosecutor said just now, but did I turn into a clown?"

"It means you are a good person!"

“Secondly, if a drunk driver has a feverish person in his car, does it automatically constitute an emergency evacuation? This issue is actually quite complicated.

For example, the risk of a person with a fever of 37.5 degrees Celsius is different from that of a person with a fever of 40 degrees Celsius.

Whether the person with the fever is an adult or a child, the risk is different.

Whether the person with fever has relevant medical history should also be properly considered. "

Ren Zhen showed a helpless smile: "With so many complicated situations, how can the prosecutor summarize them all in one sentence?"

The veins on Wang Feng's forehead were faintly exposed, but there was no expression on his face.

He is angry.

But not to Ren Zhen.

The point I just made is indeed not without flaws.

But it was still hard for him to accept it being pointed out so blatantly by Ren Zhen.

It was obviously not like this before the trial.

Obviously I was very calm when standing in the prosecutor's seat before.

Why is today so miserable?
Wang Feng had countless questions in his mind.

These questions made him inexplicably irritable.

(End of this chapter)