Lawyer

Chapter 695 Did anyone go to prison for vacation? !

"The public prosecutor can respond to the defense's statement," said the presiding judge.

"Responding to the defense's statement, the public prosecutor made the following comments:

First of all, although the evidence in the case cannot directly prove that the victim was still alive when the defendant abandoned him, there is no direct evidence to prove that the victim was dead. According to experts, the victim may be alive.

Secondly, in this case, after the traffic accident occurred, the defendant had sufficient time and conditions to report the case, but he still deliberately concealed himself until he was arrested and brought to justice.

The behavior of the defendant fully conformed to the characteristics of traffic accident and escape.The defender believed that the defendant did not constitute a defense point of view of fleeing after a traffic accident, ignored the change of the defendant's subjective purpose, and mistakenly understood and limited the continuous time process of "after the traffic accident" to "at the time of the traffic accident, on the spot." ', the time period during which he fled to evade legal prosecution.

Obviously, whether the defendant was determined to evade legal investigation can only be determined based on how he finally dealt with the victim's behavior, not the purpose of his behavior at the time of taking the victim away from the accident scene.

Therefore, we believe that the defendant fled after the traffic accident and abandoned the defendant constituted the crime of transformational intentional homicide.It's over," the inspector said confidently.

The purpose of the prosecutor is very simple. Although there may be some insufficient evidence in the crime of causing a traffic accident to be converted into the crime of intentional homicide (mainly depends on how the judge understands it, I don’t take the blame for it), but the hit-and-run incident cannot confuse you and the defendant , even if the defender can get rid of the crime of intentional homicide, but fleeing after the accident, this aggravated punishment must be held down and confirmed.

……

When Fang Yi walked out of the gate of the court, Wu Qianwen, Du Wending's wife, came over.

"Lawyer Fang, how do you think my husband's case will be judged?" Wu Qianwen asked with concern in her eyes.

"From the perspective of the effect of the trial, neither side can produce direct evidence to prove that the victim was dead or alive when he was abandoned, but from the perspective of the burden of proof, the procuratorate is more uncomfortable in this situation.

But from the perspective of the crime of causing a traffic accident, the court may determine that your husband constituted a hit-and-run. You can go back and wait for the notice. The court did not pronounce the verdict in court, which means that the collegial panel did not reach a consensus on certain issues. "Fang Yi explained.

"Okay." Wu Qianwen watched the whole trial and was quite satisfied with Fang Yi's defense: "By the way, Lawyer Fang, I have already given the money to the family of the victim, and the letter of understanding issued by the family has also been mailed to the judge. , will the court punish our old Du lightly?" Wu Qianwen asked with a worried face.

This time Du Wending had an accident, the Du family spent a lot of money, so Wu Qianwen wanted to confirm again.

"Well, the court will consider the defendant's compensation and the understanding of the victim's family when sentencing. The court will give a lighter punishment." Fang Yi comforted.

On the way back to the law firm, Yun Qiao drove the car and asked, "Master, you clearly know that the court will most likely not accept your opinion that the defendant did not constitute a traffic accident and escaped, why do you still say that.

You see, those people in the procuratorate are so snarky, they finally caught our flaws, and they spit it out.I dare say that if we admit that the defendant was hit and run after a traffic accident, the prosecutor's response will be less, and it will be over in less than half a minute. "

"It's such a thing, and you understand it right, but before the trial, Wu Qianwen wanted to try to get rid of the hit-and-run plot. I told her that there was little hope, but she still insisted on letting us do this. .So..." Fang Yi smiled wryly and glanced at Yun Qiao, which meant: You should understand.

"Hey! There's no way to do things, and it's useless to die of exhaustion! It seems that lawyers are not easy to do!" Yun Qiao sighed.

A week later, the county court notified Fang Yi to get Du Wen's criminal verdict. The judge had to pronounce the verdict in court, so the lawyer had to be present.Coincidentally, Yun Qiao went back to school to get her graduation certificate and degree certificate, and Fang Yi drove to the county court alone.

After coming out of the county court, Fang Yi called Wu Qianwen and told her that Du Wending's verdict had come down.Fang Yi thought that since he was in the county anyway, it would be better to send the criminal verdict to Wu Qianwen, so as to save her from running back and forth.So after the phone call, Fang Yi went to Du Wending's company.

Du Wending's transportation company was on the edge of the county seat, and when Fang Yi arrived, Wu Qianwen was waiting for him at the door of the company.Wu Qianwen's complexion was not very good. It was obvious that she was a little anxious and didn't sleep well during this time.

"Ms. Wu, this is Mr. Du's criminal verdict." After entering the company's office, Fang Yi handed her the verdict: "The court did not accept the opinion of the procuratorate and found that your husband Du Wending did not constitute the crime of intentional homicide.

At the same time, we did not adopt our defense that your husband did not constitute a hit-and-run traffic accident, and finally sentenced your husband to four years in prison. "

After the trial, the county court held that the defendant, Du Wending, violated traffic management laws and regulations and drove under the influence of alcohol, which resulted in a major traffic accident involving the death of one person. He was fully responsible for the accident. .

On the way to send the victim to the county hospital for emergency treatment, the defendant abandoned the victim under the subjective state that he thought the victim was dead.

The existing evidence in this case cannot prove that the victim did not die before being abandoned, nor can it prove that the victim's death was caused by being abandoned and unable to receive rescue. Therefore, his behavior does not meet the provisions of Article [-] of the "Interpretation" regarding the transformation of traffic accidents into intentional homicides. condition.

Based on the principle of lenient suspicion, Du Wending can only be convicted and punished for the crime of causing a traffic accident.Although Du Wending was able to actively send the victim to the hospital for treatment before, he abandoned the victim and fled in order to avoid legal prosecution when he thought the victim was dead, which is in line with the characteristics of escaping after a traffic accident.

In view of Du Wending's attitude of pleading guilty after being brought to justice, and his relatives have compensated all the economic losses of the victim's relatives and obtained the understanding of the victim's relatives, he can be given a lighter punishment as appropriate.

Finally, the court ruled that the defendant, Du Wen, was convicted of causing a traffic accident and sentenced to four years in prison.

Seeing that Wu Qianwen did not make a statement, Fang Yi asked, "Look at the verdict... Do you want to appeal?"

"No, the result is quite good." After the court trial, Wu Qianwen checked the verdicts of similar cases on the Internet. In comparison, her husband's verdict was considered light, and she didn't want to worry about it anymore.

"Hey! People always have to be responsible for their own actions. Four years! I can accept it. I am willing to wait for him for four years and treat him as a vacation." After seeing the verdict, her tense nerves could finally relax Yes, life must go on.

Good guy!Has anyone gone to prison for vacation? !

(End of this chapter)