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

Chapter 55 The Ignorant Is Not Guilty?
Those who do not know are not guilty?
Chang Jiahang became energetic instantly.

He knew that this was an interview question given to him by Ren Zhen.

After thinking about it briefly, Chang Jiahang spoke:

“I think there are many different situations regarding this issue.

For example, I thought I had committed a crime, but according to the law, I did not commit a crime. For example, if I cursed someone and was hit by a car when he went out, and he was actually hit and killed by a car the next day, I thought it was related to me, but in fact I was not. Constitute a crime.

The second thing is that I don’t understand the law. I thought I didn’t commit a crime, but in fact I broke the law.So in this case, I have weak legal awareness, but I still have to bear legal responsibility. At this time, the saying "Ignorance is not guilty" is wrong. "

Speaking of this, Chang Jiahang couldn't help but secretly glance at Ren Zhen, and found that he had no special expression, feeling a little panicked.

Is what I said correct or incorrect? Can you please give me a reaction?

"There are also intentional issues involving the subjectivity of the parties. For example, a company is suspected of fraud, but when I work as an ordinary employee, all the company information, business, etc. I come into contact with are not enough to let me know that the company has committed fraud. Sin, at this time, 'he who does not know is not guilty' can be applied."

"Ah."

Ren Zhen responded lightly.

Ok?
What does um mean?
Chang Jiahang was a little nervous.

"What you said is fine."

Ren Zhen nodded, making him happy.

"But what you said is too theoretical."

"what?"

Chang Jiahang was a little confused.

"Do you think there are more people who commit crimes or people who don't commit crimes?"

Ren Zhen asked suddenly.

"There are many people who don't commit crimes, right?"

Ren Zhen's question was too abrupt, making Chang Jiahang a little confused.

Why is this different from the interviews I have attended?

"So why do you think people don't commit crimes?"

"because."

Chang Jiahang hesitated: "Because there is legal deterrence."

"Then under the threat of the law, why do some people still commit crimes?"

As soon as Chang Jiahang's answer came out, Ren Zhen's next question came.

"because."

He was at a loss for words.

"Because of morality."

"Morality?"

Chang Jiahang was a little confused.

"Yes, because of morality."

Ren Zhen stretched his waist: "When there was no written law in human society, there were intentional homicides, robberies, and rapes that were considered crimes at any time. So why did most people choose not to do it when there were no laws? What about these behaviors?”

"Moral education?"

Chang Jiahang felt that he seemed to understand the core of Ren Zhen's problem.

"continue."

Ren Zhen opened the thermos cup and took a sip.

Well, the current temperature is barely drinkable.

"crime."

Chang Jiahang thought for a few seconds: "Most crimes, such as murder, arson, rape, are against human moral intuition. Even if there is no law, people will know that these behaviors are wrong.

Therefore, as long as a person with normal cognition will make cognitive errors in this regard. "

After thinking about the original question again, Chang Jiahang felt that his mind had opened up:
"But now we have a lot of crimes that are not so clearly anti-moral. For example, after shooting a few birds in the mountains, it was only after being caught that we found out that the birds were rare wild animals. So, is it possible for those who don't know? The question of guilt is particularly important in cases like this."

This kid can do it!

Ren Zhen nodded secretly.

You can change your thinking so quickly, and it works out in one click.

Not bad!

Of course, you still can't show it on your face.

"Based on the example you gave, do you think people who shoot birds should be criminally punished?"

Ren Zhen asked next.

"this."

Chang Jiahang thought for a while: "According to the law, even if the perpetrator did not know that he was hitting a rare wild animal at the time of the incident, there is a high probability that it will be deemed as having criminal intent and he should still be punished."

"But for the crime of endangering precious wild animals, it seems that the minimum charge is less than five years? Isn't it too serious? The lowest charge for intentional injury is less than three years.

Are animals more valuable than people? "

At the beginning, I was just answering questions, but by the end, I was asking and answering myself.

There was admiration in Ren Zhen's eyes.

Although what he said is a bit confusing, it can be seen from Chang Jiahang's answer that he looks at the problem from a human perspective, rather than a ruthless legal machine.

This is actually normal for ordinary people, but for a person who has been surrounded by the law all year round, it is actually very valuable.

Realizing that he had gone too far, Chang Jiahang smiled awkwardly, not knowing what to say.

It sucks!

Why don't you organize your language before answering?

Chang Jiahang was a little annoyed.

"You're right."

The sudden recognition stunned Leng Tou Qing.

“When faced with this kind of statutory illegal cognitive error, we can put ourselves in the perspective of the perpetrator and see if this mistake is something that ordinary people would make, or whether it can be avoided by ordinary people.

If this misunderstanding is unavoidable for ordinary people, there is no need to pursue criminal liability. "

Chang Jiahang suddenly realized.

So, is this the true meaning of innocence for those who don’t know?
"But that's just my personal understanding."

It seemed that he had guessed what he was thinking: "There can be many interpretations of a concept. No interpretation is absolutely correct, only relatively correct, so just listen to my opinion. What is more important is to form your own legal thinking and Logical system.”

Nodding silently, Chang Jiahang almost forgot what he was here for.

“So the law’s punishment for endangering precious wild animals is so-called relatively correct, but when we analyze it, we can have different views from judicial practice.

Based on our point of view, we can make explanations that are beneficial to the parties and make the law develop in a better direction. This is the meaning of the existence of lawyers. "

Chang Jiahang seemed to be talking to himself, and Ren Zhen finally showed a smile on his face.

“Perhaps the law is not perfect, but how can we ensure that our seemingly reasonable understanding is?”

Ren Zhen stretched himself: "To study law, you must first respect the law, and understand, recognize and defend the fairness and justice of the law. This is what a legal person should do."

Chang Jiahang stood up and bowed deeply to Ren Zhen.

"Lawyer Ren, thank you!"

"Although I failed to pass your interview, I have learned a lot. I will definitely continue to work hard and learn from you!"

Ren Zhen was delighted: "Did I say you failed?"

"???"

Chang Jiahang just picked up his schoolbag and was about to leave, when he suddenly froze.

Meaning, I passed?
(End of this chapter)