Chapter 178 Insufficient evidence!

Author: Snow Yinghong Plum

Chapter 178 Insufficient evidence!

"The defendant expressed his defense opinion." The fat judge looked at Ouyang Jie.

"I don't admit it. I don't constitute a traffic accident, it doesn't constitute..." Ouyang Jie bit his lower lip hard, his whole body trembling slightly, and it could be seen that he was very nervous.

"The defense lawyer expressed his defense opinion." The fat judge looked at Ouyang Jie coldly and looked at Fang Yi.

Fang Yi picked up the prepared defense statement and said, "Dear Presiding Judges and all the judges of the collegial panel, I am entrusted by Ouyang Jie, the defendant in this case, to serve as his defense lawyer. Now I am expressing my defense opinions as follows:

1. The defendant's serious injury does not constitute a crime

The defense lawyer believes that crime is an infringement on the legal interests of others and does not include self-damage. Without endangering the state, public safety and the rights and interests of others, natural persons have the right to dispose of their own rights and interests, and such acts of disposing of their own rights and interests should not constitute

crime.

In the Criminal Law and relevant judicial interpretations, people's casualties are used as conditions for conviction and sentencing, the casualties caused to themselves generally do not include the casualties caused to themselves.

For example, "negligent causes death" stipulated in Article 233 of the Criminal Law; for example, the crime of intentional injury, negligent cause serious injury, the Criminal Law directly and clearly stipulates that "intentional injury to others' bodies, negligent injury to others causes serious injury to others, and negligent injury to others causes serious injury to others.

”. The 'person' specified in the above clauses obviously does not include 'self'.

2. The "People" in "Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents" should be interpreted with a limited reduction

As the name suggests, a limited interpretation refers to an explanation method that narrows the meaning of legal provisions and limits them to the core meaning, so as to correctly explain the true and reasonable meaning of legal provisions.

If the "person" in "severely injured by more than one person" stipulated in the above explanation, if it includes himself and others, it will bring logical confusion.

For example, Article 2, Paragraph 1, Paragraph 1, stipulates that "one person dies or more than three persons seriously injured, and is responsible for the entire or main responsibility for the accident."

We believe that the "dead person" here should not include himself, because if he dies in an accident, it is not necessary or meaningful to stipulate that his behavior constitutes a crime, both legally and in reality.

If the "person" who "dead one person" does not include himself, then similarly, the "person" who "seriously injured three people" should not include himself. Therefore, Article 2, paragraph 2 of the above explanation stipulates: 'The traffic accident caused one person to be involved in one person.

The above severely injured "person" should not include himself.

3. It is unconstitutional to convict and sentence a person who is seriously injured.

The defense lawyer believes that the reason for criminals to be punished is that their behavior has reached a very serious level and has caused serious social harm.

The defendant Ouyang Jie in this case drove drunk and seriously injured himself. He did not cause actual losses to others, but instead became a victim. If the defendant's behavior was convicted and punished, we think it is contrary to common sense.

Acts of intentional harming oneself should not constitute a crime. Lifting weights should be made light, and acts of causing serious injury to oneself should not constitute a crime.

To sum up, the defendant Ouyang Jie, who drove drunk, in this case, should not be evaluated as a constituent element of the crime of causing a traffic accident. The above defense opinion is accepted by the court.

The defense opinion has been published." Fang Yi said.

After Fang Yi finished his defense opinion, the fat judge looked at the case file in his hand and frowned. After a moment, he looked up at Prosecutor Gao: "Prosecutor, based on the facts found and the debate opinions of both parties, we believe that this case is

There is insufficient evidence for prosecution of traffic accidents. Do you consider changing the prosecution?"

During the trial of a criminal case, if the judge believes that the charges prosecuted by the procuratorate are inconsistent with the charges found in court, the judge has the right to recommend that the procuratorate change the prosecution, but whether to change the prosecution is the right of the procuratorate.

After whispering a few words to his colleagues beside him, Prosecutor Gao said: "We apply for a change of prosecution."

Although Fang Yi expected that the procuratorate would make a change in the prosecution, when the other party formally filed it, Fang Yi's heart still felt a little shocked.

"Okay, I'll submit a new indictment for seven days...In view of the prosecutor's request for a change in the prosecution, the court is now adjourned, and the court will be notified again." After the fat judge said that, he rang the gavel and the trial ended.

What Mr. Ouyang didn't want to see the most happened. The procuratorate wanted to change the prosecution, which means that what Fang Yi said before was about to happen, which is not a good thing for his son.

After walking out of the court gate, General Ouyang pulled Fang Yi aside and asked: "Lawyer Fang, look at this case, will the procuratorate prosecutor be prosecuted for dangerous driving?"

"The possibility is very high. Judging from today's trial, the judge's advice to the prosecutor means that the prosecutor's charges are inaccurate, and the judge supports us.

If the procuratorate changes the prosecution, it is likely that the charge of prosecution will be dangerous driving. If so, we can only use the backup plan we agreed on before, and I will defend the crime with a lighter. Considering that Ouyang Jie still needs treatment and recovery, even if

It constitutes dangerous driving and the court may not put him in jail.

Please wait for me to notify me, and I will be notified after the court determines the time for the next trial." Fang Yi thought about it and said.

"Okay, then I'll trouble you." After saying that, Mr. Ouyang got on the BMW on the side of the road and left.

Zhao Zhongcheng ran to work in the law firm without hesitation. The reason he told his wife about Osmanthus is that instead of lying at home, it is better to sit in the law firm, spend money at home, and sit in the law firm to make money. After listening to the conversation about Osmanthus

His spirit of being slightly injured but not falling from the front line was highly praised. In her opinion, the wool that flies in law firms is much better than wasting the food at home.

In fact, Zhao Zhongcheng did not really want to fleece from the law firm, but to hide from his wife and talk about Guihua. He asked for leave to take care of him at home, and delayed so much work, and the leaders of her unit didn't even call her back, and every day he was in his ears.

Hum, Lawyer Zhao can't bear it anymore.

When he got off work, Chu Huai glanced at Zhao Zhongcheng, who was sitting on the work station and was packing his belongings, humming a small song and leaving the law firm with a cowhide bag, and rode an electric bicycle toward Tai Yueju.

Today is the day when the county hospital orthopedic channel merchants check out once a month. Chu Huai calculated that the harvest last month was good, and he could get several thousand yuan. The money distributed to the channel merchants had already been ready, just on the electric power supply.

In the leather bag inside the car basket.

When he arrived at the reservation private room, Chu Huai walked in with his bag in his arms.

"Old Guo, have you arrived early?!" Chu Huai said with a smile.

"Here! I introduced several cases to you last month and collected a lot of money." The middle-aged man called Lao Guo said with a slight smile.

"It's okay! Don't worry, I said that we will make a fortune together and will never treat you badly. I, Chu Huai, are definitely not so stingy. You little bit, your share is in your bag." Chu Huai said as he put the

He handed the bag to the other party.
Chapter completed!