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

Chapter 51 Perfect Closed Loop
"Moreover, these two illegal reasons for blocking are actually related."

Everyone thought Ren Zhen had finished speaking.

But it didn't.

"Actually, looking back at the issues we discussed before, the more controversial issue should be whether the defendant's situation that night was enough to be considered a legal 'ongoing' danger."

Wang Feng and Xu Yangfan nodded almost at the same time.

Especially Xu Yangfan.

In fact, she quite agrees with Ren Zhen's point of view.

But how to write it into the judgment is actually more difficult.

The conflict of legal obligations makes sense, but it is not clearly stated in the law.

It may be a bit difficult to find Zhao Kai innocent based on this point.

This argument is still a bit weak, not strong enough, and cannot stand firmly.

If it is an emergency evacuation, of course there is no problem.

But the question now is whether Zhao Kai's behavior can be regarded as emergency avoidance.

As Wang Feng said, if it is considered an emergency hedging, it will inevitably bring about a series of problems.

Although Ren Zhen gave an explanation, for example, we are not a country with case law, and there are many situations for fever.

But that's only in theory.

In practice, there are many problems.

So she was actually very confused.

Now that Ren Zhen took the initiative to bring it up, she didn't look impatient at all.

On the contrary, there is some expectation.

If there is a perfect and uncontroversial idea, it seems that it is not impossible to give a judgment that is different from the past.

"The father has a legal obligation to rescue his son, and the answer has actually been given."

The judge's eyes lit up.

With just one sentence, Xu Yangfan instantly understood what Ren Zhen meant.

"Although the law does not clearly provide how to resolve conflicts between legal obligations, it clearly stipulates that this obligation between father and son is called 'rescue'!"

"So under what circumstances do we need help?"

Ren Zhen said carefully: "Of course it is when you are in danger!"

"Wonderful!"

"what?"

"Didn't you say that the two were blocking each other? Why did they get involved again?"

"So why are there always people who don't hire a lawyer, thinking they can litigate just by reading the laws?"

"NND, this kind of money is really not something ordinary people can earn!"

"Although I don't understand, I'm shocked!"

"Lawyer Ren gave two reasons to argue that the defendant is innocent."

Zhang Ziyu, who thought she had seen through it 5 minutes ago, was impressed by Ren Zhen again. At the same time, she did not forget to explain to the water friends:

“One is an emergency, the other is a conflict of obligations.

However, the resolution of conflict of obligations is not expressly stipulated in the law, so the focus is actually on emergency avoidance.

Whether emergency evacuation caused by fever can be deemed successful is controversial in practice, and even judges dare not make a hasty decision.

Lawyer Ren is also well aware of this, so he has deeply explored the concept of conflict of obligations, extended the danger recognized by law from the obligation to rescue, and then embedded this concept of danger into emergency avoidance. "

Speaking of this, Zhang Ziyu couldn't help but admire:
"Perfect closed loop!"

"If I were a judge, I would probably acquit him immediately in the next sentence." Of course, this was just Zhang Ziyu's ridicule.

But it's enough for netizens to understand how perfect Ren Zhen's logic is.

This is almost telling the judge that you have two choices, you have to choose one, right?

Do you think the first one doesn't seem to be a problem?

can.

You don’t think the second one is very powerful?
Also works!
But I took out the strong enough part of the second choice and put it in the place where the first one seemed doubtful.

How should you deal with it?
“To sum up, the defender believes that the defendant Zhao Kai’s drunken driving behavior was an act of rescuing his son Zhao Cong. It is not only a fulfillment of the legal rescue obligation, but also complies with the relevant provisions of emergency avoidance in our country’s criminal law. Therefore, You should not be held criminally responsible!”

After finally finishing speaking, Ren Zhen nodded towards the judge on the bench and sat down.

"Defendant Zhao Kai, you can make your final statement."

After taking a long breath, Xu Yangfan tilted his neck back slightly and stretched out his hand to rub it.

it is finally over.

This trial is too torturous!

Fortunately, I finally figured out how to judge.
"Your Honor, I, I."

Zhao Kai's face was red, he didn't know whether he was nervous or excited.

One sentence made Xu Yangfan dumbfounded.

A judge is just a judge, or your lord?
Are we good at serving the people?
This defendant’s ideological consciousness is not good enough!
With his mind relaxed, the judge was in the mood to joke in his heart.

"I know it's wrong to drive after drinking, but I really have no choice!"

Turning to look at the auditorium, the child in Du Jingjing's arms had woken up and was looking around with a pair of big eyes.

"The child is so burned. If I don't send him to the hospital quickly, I'm really afraid that something will happen to him!

I didn’t get married until I was 30, and I didn’t have such a son until I was in my [-]s. These two women are more important than my own life. If anything happens to them, I don’t even know.”

Listening to Zhao Kai's ramble, Xu Yangfan rubbed his brows, feeling helpless.

Most defendants have no structure in their words at this stage and can say whatever they think.

Extracting key information from it is still tiring.

But fortunately, this is much better than crazy excuses and nonsense.

"But let's admit it if we make a mistake. After all, it's really not right to drive after drinking."

Realizing that he was going further and further away, Zhao Kai quickly turned back:

"It's just my family's situation. You, your honor, have seen it. It's really impossible to live without me. Do you think you can give me a lighter sentence?"

Ren Zhenren couldn't help but cover his face.

Brother, I played so beautifully in front of you, but your finishing moment lowered my performance.

"It really doesn't work. I heard that you can also be released on bail pending trial or something. I promise not to run away. I will come over to report the report every few days. You see."

Seeing that Zhao Kai was getting more and more outrageous, Ren Zhen stood up quickly:

"Judge, the defendant has finished speaking!"

"Okay, the defendant's statement is over."

what?
Zhao Kai was a little confused.

I haven't finished speaking yet?

How did it end?

Ren Zhen wished he could put a piece of tape on his mouth.

Now that the trial is almost over, why should we put the bail pending trial?
Shut up now, brother!
Under the intimidation of Ren Zhen's eyes, Zhao Kai finally accepted the fact that he had finished speaking.

(End of this chapter)