Lawyer
Chapter 693 The time of death is a mystery
Chapter 693 The time of death is a mystery
"I had to go back to the county to deal with some matters, so I was driving towards the county that afternoon. Suddenly, a car came from the opposite side on the way and wanted to overtake. In order to avoid the opposite car, I swung the steering wheel and hit Pedestrians on the side of the road." Du Wending said in a dull tone.
"What did you do when you found out you hit someone?" the prosecutor asked.
"At that time, I saw that he was still alive, so I took him to the car and sent him to a nearby clinic. But the doctor said that he was seriously injured and needed to be sent to the county hospital for emergency treatment. With the help of the doctor, I released him. Get into the back seat of the car and drive to the county hospital.
But on the way, I found that he was unresponsive, so I stopped and called him. At first he was still moving, and then I stopped and called him several times, but his reaction became weaker and weaker, only breathing was left, and the breathing was very weak. She patted his face and told him to persevere.
Later, when I stopped to call him again, I found that he was completely out of breath, lying motionless on the back seat of the car.
When I found out that he was dead, I was very frightened at that time, thinking that it would be impossible to save people if they were taken to the hospital, so I dragged him to a field beside the road. "Du Wending's eyes were a little straight, and he recounted the incident while recalling.
"Have you received professional medical training?" the inspector asked.
"No." Du Wending replied.
"Judge, the public prosecutor is done questioning." The prosecutor looked at the presiding judge sitting on it.
"Does the defendant's defender need to ask the defendant questions?" The presiding judge looked at Fang Yi.
"The defender needs to ask questions." Fang Yi finished speaking and looked at the dock: "Defendant, how did you know that the victim was dead before you dragged him to the field?"
"I tried his breathing, and he didn't breathe in or out. Later, after dragging him to the field, I observed him for a long time. He didn't respond at all, and he didn't move. So I think he is dead. It is." Du Wending said expressionlessly.
"That is to say, you dragged the victim out of the car after you found out that he was dead, is that true?" Fang Yi asked.
"Yes, I wanted to send him to the county hospital, but there was no need to send him to the hospital because he was gone. I was very scared and didn't know what to do, so I dragged him to the field and drove Run away." Du Wending explained.
"Presiding judge, the defender's questioning is over," Fang Yi said.
"The next step is to present and cross-examine evidence. Do the prosecutors, defenders, and defendants have any new evidence to submit?" The presiding judge looked at the three parties.
"No." All three said.
……
"The third piece of evidence is the on-site investigation record. After on-site inspection, the journey from the scene of the car accident to the clinic, and then to the field where the victim died was only a little over ten minutes. Including the consultation time in the clinic, the total time did not exceed three. 10 minutes.
The autopsy report proved that the victim died of traumatic spleen rupture, hemorrhagic shock, and left humerus fracture.
According to the cause of death of the victim shown in the autopsy report, combined with the distance between the two locations, the victim should still have vital signs when he was dragged out of the defendant's car, and it is impossible for the victim to die within 10 minutes. "The prosecutor testified.
"What objections does the defendant Du Wending have to this evidence?" The presiding judge looked at the dock.
"The time the public prosecutor said was the time when the vehicle was driving non-stop. But in the process, I stopped the car four times, and it took time to observe the victim's situation each time, so the distance I drove to the place where the body was dumped should be more than Three to 10 minutes, at least fifty minutes or so." Du Wending said following the inspector's train of thought.
"What is the opinion of the defense of the accused on this evidence?" asked the presiding judge.
"The defender approved the on-site investigation records, but did not agree with the public prosecutor's inference about the victim's death time, and the autopsy report only showed the victim's cause of death, but did not give the presumed death time, and the on-site investigation records could not directly confirm the victim's death time .
The defender believes that according to the evidence in the case, from the time the victim was hit, to the defendant sending the victim to the clinic for diagnosis and treatment, from the clinic to the place where the body was dumped, and after the defendant dragged the victim out of the Mercedes-Benz and put him in the field. The total observation time should be about one hour, not three to ten minutes as the prosecutor said.
In addition, for a wounded person with a ruptured spleen, if hemorrhages or suffers from heart disease, only one to two 10 minutes may come to the end of his life.According to the testimony of the doctor in the clinic, it was proved that when the victim was sent for diagnosis and treatment, his condition had deteriorated and he was unable to speak. It can be seen that the victim's injury deteriorated very quickly.
In summary, the defender believes that the victim should have died before being dragged out of the defendant's Mercedes-Benz.complete. "Fang Yi testified.
The presiding judge frowned and looked at the appraisal report, his brain spinning rapidly.In view of the fact that the time of the victim's death is related to the nature of the case, the presiding judge had to be cautious.
"Prosecutor, do you have anything to add to the autopsy report?" The presiding judge looked up at the prosecutor.
"We request the presiding judge to summon Professor Liu Yi, a general surgery expert from a tertiary hospital in the city, to testify in court as an expert witness and give a professional explanation on the time of death of the victim in this case," the prosecutor said.
In fact, the procurator also knew in his heart that the critical point of this case was the time of death of the victim, so the procuratorate communicated with the forensic doctor before, but the forensic doctor could not give the exact time of death, so the procuratorate contacted a tertiary hospital in the city An expert in general surgery appeared in court. Of course, the appearance of expert witnesses is not free.Expert time is still valuable.
After the expert witness with full hair and hair entered the court, the presiding judge first verified his identity and his relationship with the case, and then told him that he should provide truthful testimony and the legal responsibility for intentionally perjury or concealment of evidence.
The expert witness is then questioned by the party that brought the witness to court (the public prosecutor).
"Professor Liu, the autopsy report in this case only stated the cause of death, not the time of death, so please explain how long it would take for the victim's vital signs to disappear when the victim's spleen ruptured in this case?" asked the prosecutor road.
"If it's just a simple rupture of the spleen, it's impossible for the injured to die within a short period of time." Professor Liu said with a serious face.
"How long is the short time you said?" the prosecutor asked.
"Usually around an hour." Professor Liu replied.
……
Fang Yi listened silently. What Professor Liu said was basically the same as what Director Chen said he had met at the People's Hospital before. It can be seen that Professor Liu did not lie.
(End of this chapter)
"I had to go back to the county to deal with some matters, so I was driving towards the county that afternoon. Suddenly, a car came from the opposite side on the way and wanted to overtake. In order to avoid the opposite car, I swung the steering wheel and hit Pedestrians on the side of the road." Du Wending said in a dull tone.
"What did you do when you found out you hit someone?" the prosecutor asked.
"At that time, I saw that he was still alive, so I took him to the car and sent him to a nearby clinic. But the doctor said that he was seriously injured and needed to be sent to the county hospital for emergency treatment. With the help of the doctor, I released him. Get into the back seat of the car and drive to the county hospital.
But on the way, I found that he was unresponsive, so I stopped and called him. At first he was still moving, and then I stopped and called him several times, but his reaction became weaker and weaker, only breathing was left, and the breathing was very weak. She patted his face and told him to persevere.
Later, when I stopped to call him again, I found that he was completely out of breath, lying motionless on the back seat of the car.
When I found out that he was dead, I was very frightened at that time, thinking that it would be impossible to save people if they were taken to the hospital, so I dragged him to a field beside the road. "Du Wending's eyes were a little straight, and he recounted the incident while recalling.
"Have you received professional medical training?" the inspector asked.
"No." Du Wending replied.
"Judge, the public prosecutor is done questioning." The prosecutor looked at the presiding judge sitting on it.
"Does the defendant's defender need to ask the defendant questions?" The presiding judge looked at Fang Yi.
"The defender needs to ask questions." Fang Yi finished speaking and looked at the dock: "Defendant, how did you know that the victim was dead before you dragged him to the field?"
"I tried his breathing, and he didn't breathe in or out. Later, after dragging him to the field, I observed him for a long time. He didn't respond at all, and he didn't move. So I think he is dead. It is." Du Wending said expressionlessly.
"That is to say, you dragged the victim out of the car after you found out that he was dead, is that true?" Fang Yi asked.
"Yes, I wanted to send him to the county hospital, but there was no need to send him to the hospital because he was gone. I was very scared and didn't know what to do, so I dragged him to the field and drove Run away." Du Wending explained.
"Presiding judge, the defender's questioning is over," Fang Yi said.
"The next step is to present and cross-examine evidence. Do the prosecutors, defenders, and defendants have any new evidence to submit?" The presiding judge looked at the three parties.
"No." All three said.
……
"The third piece of evidence is the on-site investigation record. After on-site inspection, the journey from the scene of the car accident to the clinic, and then to the field where the victim died was only a little over ten minutes. Including the consultation time in the clinic, the total time did not exceed three. 10 minutes.
The autopsy report proved that the victim died of traumatic spleen rupture, hemorrhagic shock, and left humerus fracture.
According to the cause of death of the victim shown in the autopsy report, combined with the distance between the two locations, the victim should still have vital signs when he was dragged out of the defendant's car, and it is impossible for the victim to die within 10 minutes. "The prosecutor testified.
"What objections does the defendant Du Wending have to this evidence?" The presiding judge looked at the dock.
"The time the public prosecutor said was the time when the vehicle was driving non-stop. But in the process, I stopped the car four times, and it took time to observe the victim's situation each time, so the distance I drove to the place where the body was dumped should be more than Three to 10 minutes, at least fifty minutes or so." Du Wending said following the inspector's train of thought.
"What is the opinion of the defense of the accused on this evidence?" asked the presiding judge.
"The defender approved the on-site investigation records, but did not agree with the public prosecutor's inference about the victim's death time, and the autopsy report only showed the victim's cause of death, but did not give the presumed death time, and the on-site investigation records could not directly confirm the victim's death time .
The defender believes that according to the evidence in the case, from the time the victim was hit, to the defendant sending the victim to the clinic for diagnosis and treatment, from the clinic to the place where the body was dumped, and after the defendant dragged the victim out of the Mercedes-Benz and put him in the field. The total observation time should be about one hour, not three to ten minutes as the prosecutor said.
In addition, for a wounded person with a ruptured spleen, if hemorrhages or suffers from heart disease, only one to two 10 minutes may come to the end of his life.According to the testimony of the doctor in the clinic, it was proved that when the victim was sent for diagnosis and treatment, his condition had deteriorated and he was unable to speak. It can be seen that the victim's injury deteriorated very quickly.
In summary, the defender believes that the victim should have died before being dragged out of the defendant's Mercedes-Benz.complete. "Fang Yi testified.
The presiding judge frowned and looked at the appraisal report, his brain spinning rapidly.In view of the fact that the time of the victim's death is related to the nature of the case, the presiding judge had to be cautious.
"Prosecutor, do you have anything to add to the autopsy report?" The presiding judge looked up at the prosecutor.
"We request the presiding judge to summon Professor Liu Yi, a general surgery expert from a tertiary hospital in the city, to testify in court as an expert witness and give a professional explanation on the time of death of the victim in this case," the prosecutor said.
In fact, the procurator also knew in his heart that the critical point of this case was the time of death of the victim, so the procuratorate communicated with the forensic doctor before, but the forensic doctor could not give the exact time of death, so the procuratorate contacted a tertiary hospital in the city An expert in general surgery appeared in court. Of course, the appearance of expert witnesses is not free.Expert time is still valuable.
After the expert witness with full hair and hair entered the court, the presiding judge first verified his identity and his relationship with the case, and then told him that he should provide truthful testimony and the legal responsibility for intentionally perjury or concealment of evidence.
The expert witness is then questioned by the party that brought the witness to court (the public prosecutor).
"Professor Liu, the autopsy report in this case only stated the cause of death, not the time of death, so please explain how long it would take for the victim's vital signs to disappear when the victim's spleen ruptured in this case?" asked the prosecutor road.
"If it's just a simple rupture of the spleen, it's impossible for the injured to die within a short period of time." Professor Liu said with a serious face.
"How long is the short time you said?" the prosecutor asked.
"Usually around an hour." Professor Liu replied.
……
Fang Yi listened silently. What Professor Liu said was basically the same as what Director Chen said he had met at the People's Hospital before. It can be seen that Professor Liu did not lie.
(End of this chapter)
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