Chapter 82 Lawyer Zhang, You Rebut It

During these few days in the detention center.

In addition to communicating with Zhang Wei, he himself is also thinking hard about ways to get rid of the crime.

Although Zhang Wei looked very professional, what he always emphasized was only the reduction of sentence.

rather than exoneration.

then……

He asked his good friend Zhuang Huarong to help him find ways to get rid of the crime outside, and asked many lawyers online.

They all said that the behavior in the drunk state was irrational and conscious, and did not constitute subjective intention.

"A lot of lawyers on Baidu said that I was drunk and lost my mind and consciousness, so I don't have to bear criminal responsibility. My behavior was a drunken negligence, and there was no subjective intention."

"I drank two cases of wine that day, and I finished them all. I was really drunk to the point of darkness, and I didn't know anything..."

Facing the judge, Gao Feng continued to defend himself.

Zhuang Huarong helped him search for these, and online lawyers taught him.

to this end.

He also asked his friend Zhuang Huarong to help him advance several hundred yuan in lawyer consultation fees.

Combined with the legal knowledge he has learned these days.

The more he thought about it, the more he felt that these lawyers were right, and their level was much higher than that of Zhang Wei.

The crime of endangering public safety in a dangerous way is a subjective and intentional act.

And he was totally drunk...

Where does the subjective intention come from?
Therefore, it does not constitute the crime of endangering public safety by dangerous means at all.

If this crime is not constituted...

The court can only convict him of the crime of throwing objects from heights, and that crime can at most pay some money.

He doesn't have to go to jail at all!
at the same time.

When Gao Feng made a statement, Zhang Wei's expression on the lawyer's seat became extremely ugly.

Trembling with anger.

He had no idea at all...

After Gao Feng defended his sentence by reducing his sentence according to his instructions, he actually came up with another wave of operations!
Also moved out the "lawyer on the Internet"!

This mouthful of "Baidu Shangshuo" literally slapped him in the face.

Drunk on this...

He had thought about it when he learned about the case.

This can only be used as a basis for mitigating punishment.

But now Gao Feng directly uses it to get rid of the crime!
A real lawyer stood in front of him and didn't believe it, but he actually believed those lawyers on the Internet!
Which of the so-called lawyers above has a lawyer's license?Which one has actually been litigated?
They are all ignorant people, here to deceive those netizens Xiaobai.

The peak of the desire to survive...

However, he went to the doctor in a hurry and chose to believe the answers on Baidu.

"Boom-"

It didn't take long.

Directly above the courtroom, the judge struck the gavel.

"The defendant has made a reply, and the plaintiff is invited to make a speech on the defendant's explanation."

Plaintiffs.

Qin Mu was also a little surprised when he saw the peak of the operation.

The first half of Gao Feng's speech was methodical and aimed at commuting sentences.

But the second half...

But suddenly tried to get away with it.

Drunkness was also thrown out as an excuse.

Fortunately, he has read a lot of legal books these days, and after thinking about it, he found the relevant provisions of the criminal law on crimes of drunkenness.

Penalty No. 14 stipulates: Intentional crime refers to a person who knows that his behavior will cause harmful results to society, and hopes or allows such results to happen, thus constituting a crime.

Even if the behavior is performed in a state of confusion and insanity after drinking, because the danger and side effects of drinking are caused by the person himself, he still has to bear full criminal responsibility.

drunk.

In fact, there is also a situation that does not require criminal responsibility, and that is pathological drunkenness.

There are two types of drunkenness, one is physiological drunkenness, that is, under normal conditions, people are unconscious and confused after drinking.

The other is pathological intoxication, which refers to a disproportionate euphoria after a small amount of alcohol consumption, with characteristics of aggression and violence, which is strictly a disease.

Very few people have it.

After a few sips, he became extremely excited and irritable.

All the behaviors of such a person during the period of drunkenness are equivalent to mental illness, and they do not need to bear the corresponding criminal responsibility.

therefore.

What Gao Feng said just now seems to be very reasonable, but in fact there is no legal basis.

And by his side.

Wang Dachui was also clearly aware of this, and began to stand up.

Pointing to Maimang, he pointedly retorted: "Your Honor, we believe that the danger of the defendant's drunkenness at that time was created by the defendant himself. The defendant also explained before that he drank on his own when he was broken in love, and was not forced by others."

"In addition, the high-altitude parabolic was just after dinner, and there was a huge flow of people in the community. Even if the defendant was not aware of this, he still carried out the high-altitude parabolic behavior, which was subjectively intentional."

"Also, the defendant concealed the truth many times afterwards and refused to investigate. The police station, the property owner, the owner and many other parties can testify..."

Followed by.

From a professional point of view, Wang Dachui refuted the content of Gao Feng's statement just now.

Focused on...

Naturally, Gao Feng tried to evade guilt, openly exonerated in court, showed no positive confession, and so on.

These behaviors will affect the judgment of judges and judges.

Sometimes the difference between the judge and the judge may lead to a difference of one year or even several years in the sentence.

And in the dock.

After listening to Wang Dahammer's rebuttal, Gao Feng's expression changed drastically.

became anxious again.

The lawyers on the Internet clearly said that as long as the drunkenness is thrown out, the judgment will be stable.

Who knows in the blink of an eye...

The other party refuted him, and the key point touched his blind spot of knowledge.

He didn't know how to deal with it at all, and the lawyers on the Internet didn't teach it.

He could only turn around and ask Zhang Wei for help.

Zhang Wei's face was livid, and he glared at him.

But he still stood up and began to hold his ground, arguing around the previous point of commutation.

As for drunkenness, there was no mention of it.

"Lawyer Zhang, drunk, as long as I refute the other side's point, I can be innocent, but you refute it!"

Gao Feng listened for a long time, and couldn't help reminding in a low voice.

The corner of Zhang Wei's mouth twitched while he was debating.

I didn't take care of the peak, I just felt tired for a while.

What a god to refute the other party.

Although drunkenness has no subjective consciousness and reason, but because the danger is created by oneself, it also bears full criminal responsibility!
Going to court around this point is no different from giving away a head!
The funny thing is……

At the peak of his overwhelming desire to survive, he directly applied the method taught by online lawyers to the court.

It completely disrupted his rhythm!

One of the important conditions for a commutation of sentence, it is almost hopeless to actively plead guilty.

"Boom-"

at last.

The trial lasted two hours.

The judge rang the gavel again and said, "Now the court is adjourned halfway, and we will try again in 15 minutes."

Subsequently.

The judge and several other judges walked into the rear conference room, apparently analyzing and sorting out the case.

And at halftime.

Gao Feng looked at Zhang Wei, complaining and disappointed.

"Lawyer Zhang, didn't I remind you just now? Focus on the point that the online lawyer taught me, why didn't you say a word?"

talking.

Gao Feng also sighed, feeling more and more that he invited the wrong person.

I knew earlier...

It's better to find a lawyer on the Internet, at least more reliable than Zhang Wei.

(End of this chapter)

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