If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 50 Two Reasons
"So I think we can all find reasonable explanations for the prosecutor's considerations."

Compared with Wang Feng's expressionless look at this time, Ren Zhen looked calm and calm:

"Then let's start from the basic definition of emergency evacuation. The defendant Zhao Kai, in order to protect his son's personal safety from the ongoing danger, had no choice but to drive drunk.

It perfectly fits the definition of emergency evacuation. It is true that his drunk driving behavior has brought danger to public safety to a certain extent, but according to the relevant provisions of emergency evacuation in our country's laws, he should not bear criminal liability. "

Ren Zhen turned to Wang Feng, with no intention of ending:
"Taking a step back, there may be some doubts as to whether the defendant Zhao Kai faced an 'ongoing danger' on the night of the incident.

We can also think about the conflict of legal obligations just mentioned.

As a father, the defendant Zhao Kai undoubtedly had a father-son obligation to rescue Zhao Cong. Driven by this legal obligation, Zhao Kaicai committed drunken driving, thereby violating his legal obligation not to drive after drinking.

When there is a conflict between legal obligations and prompts the parties to commit illegal acts, I think it is inappropriate and difficult to understand and convince people if the parties are punished! "

Ren Zhen's tone was not serious, but everyone present felt the critical importance of this speech!
Especially the last sentence.

It is difficult to understand and convince people.

What is difficult for people to understand and convince?

Although there is no clear subject, everyone knows that Ren Zhen is talking about the final verdict of the case.

Saying something like this about the court's decision, especially if it comes from a lawyer who is undergoing a trial, one can imagine the impact it will have.

But the strange thing is that no one who listened to this paragraph, including Xu Yangfan who was sitting in the trial seat, felt that there was anything wrong with Ren Zhen's words.

Ren Zhen's eyes moved from Wang Feng to Zhao Kai, then passed by the auditorium, and finally looked at the trial seat.

He was judging the effect of this passage through the reactions of the people present.

No matter how nice you say it, you have to be able to be listened to by others.

Otherwise, no matter how reasonable and passionate what you say, it will go in through one ear and out in the other. Isn't that purely self-pleasure?

Fortunately, at present, the effect of this speech is still very obvious.

"Did I hear you correctly? What does this lawyer say is unconvincing?"

"wild."

"How dare you say that!"

"It's okay. What they said is that if the defendant is punished, the verdict hasn't been issued yet. Is there any problem with that?"

"That's what I say, but which lawyer have you ever seen dare to say these things in front of a judge?"

"Does this count as threatening the judge?"

"You're laughing so hard, let the judge just decide the sentence according to what the lawyer said, right?"

Zhang Ziyu deeply agrees with the words of a certain water friend.

As a lawyer, she can only imagine how much courage it takes to say such words in court.

And
How treasonous?
The court is the absolute home court of the judge. Even the prosecutor must follow the judge's instructions step by step.

Not to mention lawyers, if the judge tells you to shut up, you have to shut up.

You dare to say something about the judge in court?
Well, Ren Zhen actually didn’t say that.

Is it really good to just teach judges to do things like this?

Xu Yangfan didn't have so many ideas.

This case, from the beginning of the trial, took a completely different path than she expected.

The many points raised by the defense lawyer all gave her a headache.

After thinking about it, I discovered that what this lawyer said was totally fucking correct!
Could it be that the previous cases were also done in this way?Can’t we all be wrong in the past?

Xu Yangfan obviously doesn't have time to think about that now.

"Prosecutor, do you have anything to refute to the defender's point of view?"

Wang Feng silently shook his head.

If he had heard this at the beginning, he might have refuted it from several angles.

But after such a long trial, several of the contradictions have been fully discussed.In this case, a conflict of legal obligations does indeed exist.

Although there was no refutation before, this actually meant that Wang Feng recognized this in his heart.

As for whether the situation Zhao Kai faced on the night of the incident was enough to constitute an "ongoing danger", it would be directly related to whether the emergency evacuation was established or not.

This point is actually not clear enough. After all, there has always been a lot of controversy here, both in theory and in practice.

But what needs to be said has been said, it depends on the judge’s judgment.

So even from different standpoints, he had to admit that Ren Zhen's words were flawless.

"Since the prosecutor has nothing to add, we will let the defendant do it."

Xu Yangfan nodded and was ready to let Zhao Kai make the final statement.

"I have something to add!"

Ren Zhen raised his hand to signal.

Xu Yangfan:? ? ? ?
Why do you still have something to say?

"Hahahaha, I have something to add!"

"I remember the last case was like this. Every time the judge was about to move to the next step, the lawyer always had something to say."

"I've seen judges interrupt lawyers, but it's rare for lawyers to interrupt judges."

"This kid is already a habitual offender!"

"There is no way. Who gave him the right to speak under the law?"

Ren Zhen was also helpless.

He also didn't want to interrupt the judge.

But just now he didn't speak at all, he just paused strategically.

The purpose is to let the audience digest it, think about it, and observe other people's reactions.

Who knew the judge was so anxious that he directly asked the prosecutor if he had any comments.

After you have no objections, it’s natural to move on to the next step.

Even if this is a simple procedure, it shouldn’t be so rushed, right?
Although he was a little helpless, Xu Yangfan didn't have much to say and signaled that Ren Zhen could add something.

“I would also like to add that although the defendant Zhao Kai’s drunk driving behavior brought a certain danger to public safety, it did not cause substantial damage, but only brought the possibility of danger.

In ordinary drunken driving, of course you will be punished, but when encountering emergency evacuation in this situation, I think it is clear at a glance whether saving a life or bringing a certain degree of danger is more serious. "

The reason why I mention this is that emergency avoidance is different from self-defense.

Once legitimate defense is established, there is no need to bear criminal responsibility.

However, emergency avoidance only has the possibility of not being criminally liable. If the avoidance behavior is improper, it may only bring about the consequences of reducing criminal liability.

But the prosecutor did not mention this.

To be on the safe side, it is necessary to clarify.

“So, in this case, the defendant Zhao Kai actually has two reasons not to bear criminal responsibility, that is, two reasons for illegal obstruction.

The first is the legal reason for illegal obstruction, which is the emergency evacuation clearly stipulated in the law. "

Seeing Ren Zhen raising two fingers calmly, Zhao Kai almost jumped.

Do I really not have to go to jail?

His excited heart made the fat on his face tremble.

“The second one is the reason for illegal obstruction beyond the regulations, that is, the conflict between legal obligations.

Although the specific handling of conflict of obligations is not clearly stipulated in the law, we only need to think about it. If the law requires me to violate the law, will the law still punish me?
I think the answer is no. "

(End of this chapter)