Lawyer

Chapter 110 It is more fulfilling to do criminal cases
"Although according to the provisions of the "Technical Conditions for Motor Vehicle Operation Safety", the technical standards of some electric bicycles exceeding the standard meet the technical requirements of motorcycles, but the above-mentioned document does not clearly stipulate that electric bicycles exceeding the standard are motor vehicles. Bicycles do not belong to motorcycles. In the absence of express regulations, we should not expand the interpretation of motor vehicles and classify electric bicycles that exceed the standard as motor vehicles.

Taking a step back, even if the "Technical Conditions for Motor Vehicle Operation Safety" clearly stipulates that electric bicycles exceeding the standard are motor vehicles, the legal nature and legal effect of this document are still in doubt.

According to the "Standardization Law of the People's Republic of China", "Technical Conditions for Motor Vehicle Operation Safety" is a mandatory national standard, but judging from the procedures, system structure, name and content of the formulation and release of mandatory national standards, "Machine The "Technical Conditions for the Safety of EMU Operation" is not a departmental regulation, nor is it an administrative regulation. The law does not clearly stipulate what it belongs to.

Therefore, we believe that mandatory national standards only have a certain reference value for this case, but are not binding in the sense of legal norms.

Only when laws and regulations or departmental rules clearly stipulate that electric bicycles exceeding the standard are motor vehicles can the people's courts determine that electric bicycles exceeding the standard are motor vehicles in the legal sense.

Before the relevant regulations are issued, it should not only be based on the fact that the "Road Traffic Safety Law of the People's Republic of China" does not exclude electric bicycles that exceed the standard from motor vehicles, and that electric bicycles that exceed the standard comply with the technical requirements for motorcycles in the "Technical Conditions for Motor Vehicle Operation Safety". On the grounds that the defendant's behavior constituted the crime of dangerous driving.

We believe that this determination violates the principle of legally prescribed punishment for a crime.

[-]. From the perspective of public perception, electric bicycles exceeding the standard are not motor vehicles
Before and after the defendant purchased the electric bicycle exceeding the standard, he was not informed that the electric bicycle exceeding the standard should be managed according to the standards of motor vehicles.In the consciousness of the defendant, the electric bicycle exceeding the standard is a non-motorized vehicle and does not need a test book at all, which is indeed the case.

Since the crime of dangerous driving is an administrative crime, the requirements for the illegality of the perpetrator should be higher, requiring the perpetrator to realize that the vehicle he is driving is a motor vehicle in the legal sense.

To judge whether the perpetrator realizes that the electric bicycle exceeding the standard is a motor vehicle in the legal sense, it needs to make a comprehensive judgment based on the life experience, level of knowledge and understanding of ordinary people.

We have mentioned before that the country has not made clear regulations on the legal attributes of electric bicycles exceeding the standard, nor has it managed electric bicycles exceeding the standard as motor vehicles.

Under such circumstances, it is unrealistic to require the general public to recognize that electric bicycles exceeding the standard belong to motor vehicles, and it can even be said to be difficult for others.

Therefore, to pursue criminal responsibility for the behavior of driving an electric bicycle exceeding the standard while drunk is contrary to the principle of conviction of the unity of subject and object.

[-]. The defendant’s plea of ​​guilt is a misunderstanding
The defendant in this case, Sun Lianpeng, pleaded guilty after arriving at the case, not because he believed that electric bicycles exceeding the standard belonged to motor vehicles, but because he believed that "all drunk driving will be subject to criminal punishment".Therefore, just because the defendant pleaded guilty, it cannot be simply determined that he constituted a crime of dangerous driving.

To sum up, the charges charged by the public prosecution agency cannot be established, and we believe that the defendant Sun Lianpeng does not constitute the crime of dangerous driving.

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

"Do both sides have any additional debate opinions?" The female judge frowned and asked.

"No." Both parties replied.

"The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. The defendant, Sun Lianpeng, is now up to you to make a final statement to the court." The female judge said.

"I plead guilty..." Apart from pleading guilty, Sun Lianpeng didn't know what to say, his heart was still on his hands, and his body was trembling slightly.

……

"After a public hearing, the court conducted court investigations and court debates, heard the allegations of the public prosecutor, the opinions of the defendant, the defense and statements of the defendant, and the defense opinions of the defender, and the court hearing is over.

Now the court is adjourned for 10 minutes, and the sentence will be pronounced in court later, and the defendant will be taken out of the court. After the female judge blew the gavel, she exited the courtroom.

During the trial, Fang Yi said that his mouth was dry. After the adjournment, he immediately took out the mineral water from his briefcase and drank it in big gulps.

At this moment, the member of the female secretary came over: "Lawyer Fang, please submit a defense opinion to us later."

"Okay." Fang Yi smiled.

When Fang Yi walked out of the court, Sun Lianpeng's parents who were listening in the court followed.

"Lawyer Fang, thank you. I think your defense is well-founded and my son will be acquitted." Sun Lianpeng's mother said confidently.

In fact, she didn't understand what Fang Yi said in court, but Fang Yi's energy made her feel very powerful.

Fang Yi's heart trembled for a while, and he thought to himself: "Eldest sister, don't be so confident. I'm afraid that a judge will convict your son. I'm afraid of spoiling me."

"Lawyer Fang, I will convince you. We have no evidence in court, and you can talk about it for a long time. I think the judge is dumbfounded." Sun Lianpeng's father looked at Fang Yi with admiration. .

Fang Yi was confused for a while: Good guy, this is to see my performance, don't you care whether your son is found guilty or not?What a big heart!Perhaps in the heart of this father, drinking and driving is not a problem at all.

Ten minutes passed quickly, and the clerk asked everyone to take their seats.After waiting for a while, the female judge walked into the courtroom quickly.

All the people participating in the trial stood up, and the female judge read out the verdict: "...the defendant Sun Lianpeng did not commit the crime of dangerous driving. This court verdict: the defendant Sun Lianpeng is not guilty. The court will deliver the verdict within five days."

After the verdict was pronounced, the bailiff released Sun Lianpeng's handcuffs in court. His mother walked over with tears in her eyes and hugged Sun Lianpeng.

His father grinned and said, "I'll just say it's fine, you don't believe me..."

Fang Yi heaved a sigh of relief, now that he won't be scratched, he wondered if the procuratorate would raise objections and protest.

Coming out of the court, Fang Yi sent Yunmei a WeChat message, telling her the verdict.Sun Lianpeng's family dragged Fang Yi away and insisted on inviting him to dinner.

Fang Yi looked at the time, it was already past six o'clock in the evening, and he was really hungry, so he followed him to the most upscale restaurant in the county - Taiyueju.

Along the way, Sun Lianpeng's father kept calling, asking for news. It seemed that the Sun family was very popular.When they arrived at Taiyueju, there were already many people sitting in the private room, and many colleagues from Sun Lianpeng Yunwu Tea House also came.At this time, Sun Lianpeng had changed into new clothes, and everyone celebrated.

Fang Yi looked at Sun Lianpeng's family smiling from ear to ear, and sighed inwardly: It would be more fulfilling to do criminal cases.

　Three shifts today!
　　
　
(End of this chapter)