Lawyer

Chapter 694 This Mouth...No One Can Offend
"The defense of the accused may question the witnesses," said the presiding judge.

"Professor Liu, if the victim had a heart disease, or if the damage to the front part of the spleen was deep, involving the splenic hilum, and damage to the great blood vessels after being hit, would the time of death of the victim change, which is different from what you said before? "Fang Yi asked.

Professor Liu was stunned for a moment, obviously he didn't expect the defender to ask such a professional question. For a lawyer who is engaged in law, if he didn't study surgery and change his profession halfway to become a lawyer, he probably wouldn't talk about the medical science of "spleen door". professional vocabulary.

And what the other party said was so professional, as soon as I heard this, I knew that it was not something that a pure legal person could say. The question hit the key point directly, and there was no nonsense.Unless the defender has consulted relevant experts before, thinking of Professor Liu's attitude here, he is a little more serious.

"If the damage to the front of the spleen is deep, involving the splenic hilum, and the large blood vessels are damaged, or if the injured suffers from heart disease, the injured will die in a short time." Professor Liu thought for a while and said.

"How long is the short time you mentioned?" Fang Yi continued to ask.

"Within one hour, but depending on the patient's injury and individual differences, the time may be shorter. It cannot be generalized." Professor Liu explained.

As the saying goes, the end of medicine is metaphysics. The human body itself is a precise instrument. With the current level of medical skills, it is impossible to discover all the mysteries of the human body. Regarding the problems in this case, even foreign medical experts may not be able to give an accurate time of death .

After hearing this, the presiding judge couldn't help but frown. This is too difficult, and everyone is doing Tai Chi. This is trying to throw the blame on me!As a legal person, I have to let me do the job of a doctor. It's too difficult for me!

Yun Qiao, who was sitting next to Fang Yi, couldn't help curling her lips when she heard the expert's words: This expert is really an expert, let him say all the good and bad things, and no one will be offended.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge, judge: The public prosecutor believes that the defendant Du Wending drove a motor vehicle after drinking and had a major traffic accident. After the accident, in order to evade legal responsibility, the defendant abandoned the victim in the roadside field on the way to the county hospital. As a result, the victim died without timely treatment.

The defendant's behavior complied with the provisions of Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, and should be punished as the crime of intentional homicide.The public prosecutor suggested that the defendant, Du Wending, be sentenced to [-] years in prison.complete. ” said the inspector.

……

"The defendant's defender delivered his defense opinion." The presiding judge looked at Fang Yi.

"Presiding judge, judge: The defender believes that the defendant Du Wending constituted a crime of causing a traffic accident, but not a crime of intentional homicide. The reasons are as follows:
[-]. The behavior of Du Wending, the defendant in this case, does not meet the conditions for the crime of causing a traffic accident to be transformed into the crime of intentional homicide.

According to Article 230 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, in order to avoid legal investigation after a traffic accident, the perpetrator took the victim away from the scene and hid or abandoned it, so that the victim could not get Those who died due to rescue shall be convicted and punished as the crime of intentional homicide in accordance with the provisions of Article [-] of the Criminal Law.

According to Article [-] of the above-mentioned interpretation, a traffic accident case in which criminal responsibility is investigated for the crime of intentional homicide shall meet the following three conditions at the same time:
1. After a traffic accident occurs, the perpetrator takes the victim away from the scene of the accident and hides or abandons it.

This includes two actions, the first is to take the victim away from the accident scene; the second is to hide or abandon the victim in order to avoid legal punishment.

2. The perpetrator's subjective purpose of carrying out the above-mentioned acts is to evade legal investigation, and whether the purpose can be achieved does not affect the conviction.

However, if the perpetrator takes the victim away from the accident scene for other purposes such as rescuing the victim or fearing revenge from the victim's relatives, rather than hiding or abandoning the victim, this condition is not met.

3. The perpetrator concealed or abandoned the victim, resulting in the final death or serious disability of the victim.

It can be seen from this that if the victim died before being taken away from the scene by the perpetrator, or the death was not due to being hidden or abandoned and could not be rescued, or the victim was seriously injured, it was inevitable that death would occur before being hidden or abandoned , the perpetrator cannot be punished with intentional homicide.

In this case, the evidence on file cannot prove the exact time of the victim's death, and whether the consequences of the death were caused by the defendant's abandonment and inability to receive rescue.There are three reasons:
First of all, in this case, whether the victim was dead or alive when he was abandoned is one of the prerequisite factors for judging whether the defendant committed the crime of intentional homicide.However, neither the evidence on file nor the opinions of expert witnesses can prove that the victim was not dead when he was abandoned.

According to Du Wending's confession, on the way to send the victim to the county hospital for emergency treatment, he stopped and called the victim four times, but the victim did not respond. Therefore, he believed that the victim was dead and there was no need for further treatment. Therefore, the defendant came up with the idea of ​​throwing the body.

Even so, in order to confirm whether the victim was dead, Du Wending observed the scene for a while, but still did not see any reaction from the victim, so the defendant was more convinced that the victim was indeed dead, and then left the scene.

According to the behavior of the victim when he was treated by the doctor in the clinic, the conclusion of the cause of death appraisal, and the analysis of experts, the victim should have died before being abandoned.

Secondly, according to the evidence in the case, the victim suffered a traumatic rupture of the spleen and a fracture of the left humerus. However, it is impossible to find out whether the rupture of the victim's spleen injured the splenic hilum, and whether it was accompanied by a rupture of the large blood vessels in the hilum of the spleen.In other words, it is uncertain whether the death of the victim could have been avoided under normal circumstances.

Finally, whether there is a causal relationship in criminal law between the death of the victim and the abandonment of the defendant cannot be ascertained.

The defender believed that, under the circumstances that the above facts could not be ascertained, and based on the principle of benefiting the defendant, the defendant Du Wen should be charged with the crime of causing a traffic accident instead of the crime of intentional homicide.

[-]. The defendant in this case, Du Wending, constituted the crime of causing a traffic accident.

In this case, the defendant, Du Wending, was driving a motor vehicle under the influence of alcohol and had a traffic accident, resulting in the death of one person. He was fully responsible for the accident, and his behavior constituted the crime of causing a traffic accident.

After the traffic accident, the defendant took the victim away from the scene and went to the nearest clinic for the purpose of treating the victim, and then followed the doctor's advice to send the defendant to the county hospital for emergency treatment.

Although the victim died on the way to the county hospital and he abandoned the victim, the defendant's subjective mentality has always been to actively treat the victim, so it does not constitute a traffic accident and escape.

In view of the fact that the defendant's family has already compensated the victim's family and the defendant has obtained the understanding of the victim's family, the defender suggested that the defendant be punished as a traffic accident and be sentenced to fixed-term imprisonment of not more than three years.complete. After Fang Yi finished his speech, he glanced at Du Wending. The latter lowered his head and looked at the upper of the shoe, unable to see what expression he had.

(End of this chapter)