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

Chapter 53 Judgment!
"The adjournment is now over and the verdict of this case is announced!"

Xu Yangfan was straightforward, making everyone nervous.

"All rise!"

Everyone in the courtroom stood up with the clerk.

"According to the provisions of our country's laws, this case has the corresponding jurisdiction over the case where the public prosecution agency accused the defendant Zhao Kai of dangerous driving. Simple procedures were applied in accordance with the law. The case was heard in public. The trial has now been concluded."

"The public prosecutor's office has alleged that on X month XX, 20XX, the defendant Zhao Kai committed a crime of drunken driving of a motor vehicle. The facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of dangerous driving."

“After the prosecution and defense lawyers presented evidence, cross-examined and debated the case, the circumstances on the day of the incident and the nature of the defendant’s behavior were fully discussed.”

“This court believes that in this case, the defendant Zhao Kai’s drunken driving behavior on the day of the incident complied with the criminal elements of dangerous driving as stipulated in my country’s criminal law.”

Finished!

Zhao Kai's face was ashen.

Are you really going to jail anyway?
Ren Zhen felt a shiver in his heart, but did not rush to a conclusion.

but!

Is there a but? !

"but."

Ren Zhen breathed a sigh of relief.

Zhao Kai suddenly raised his head.

"Based on the relevant evidence, it is sufficient to prove that the high fever that the defendant's son, Zhao Cong, did not subside that night was a relatively dangerous situation. Combined with the relevant legal provisions of our country, the father has a duty to rescue his children, which is sufficient to determine that the defendant Zhao Kai was involved in the case. The situation we faced that night was an 'occurring danger'."

With a faint smile on his face, Ren Zhen glanced at Wang Feng opposite him.

Wang Feng remained expressionless, as if he had already guessed that this would be the case.

Is he more confident than me?
Ren Zhen couldn't help but be a little confused.

Little did he know that after the confrontation during the trial, Wang Feng's confidence in this case was almost completely destroyed.

When the court adjourned, I had already doubted my life countless times, and I had long thought that this case was handled in a mess.

At this time, Wang Feng took the judge's decision as the most natural one.

“Therefore, the defendant Zhao Kai’s drunk driving behavior was a hedging behavior carried out as a last resort in order to protect others from ongoing dangers.

Although there is a certain social danger, it does not bring substantial harm.

To sum up, the defendant Zhao Kai’s drunk driving behavior falls within the category of emergency avoidance stipulated in Article 20 of my country’s Criminal Law, and does not exceed the necessary limit, so he should not bear criminal responsibility according to law. "

"Ahhhhhhhhhhhh."

Zhao Kai clapped his hands together fiercely, almost jumping with excitement.

Du Jingjing hugged the child, her joy was beyond words, and she didn't even cry anymore.

“According to the relevant laws and regulations of our country, the defendant Zhao Kai’s behavior was an emergency to avoid danger and should not be subject to criminal punishment. This court now makes the following judgment:

The defendant Zhao Kai was found not guilty and released in court! "

“This judgment is a first-instance judgment. If the public prosecutor has objections to this judgment, he may lodge a protest with the higher authority within the specified period.

After the trial is over, the judgment will be delivered in time and will take effect immediately! "

Xu Yangfan picked up the gavel and lowered it gently.

Boom!
"Close the court!"

The judge, who did not speak much during the trial, announced the end of the trial.

Both parties signed the court transcript.

After giving Ren Zhen a deep look, Xu Yangfan left the court with the clerk.

Ren Zhen noticed Xu Yangfan's eyes and couldn't help but feel confused.

What are you looking at me for? "Sister Yangfan."

Outside the court, in the court staff passage, the clerk took two quick steps to catch up with Xu Yangfan.

"Did you actually listen to that lawyer?"

"What does it mean to listen to a lawyer?"

Xu Yangfan glanced at the clerk, who stuck out his tongue, knowing that he had said the wrong thing.

"What the lawyer said does make sense."

Xu Yangfan didn't care:
"Whether it's an emergency or a conflict of obligations, in this case, it makes sense theoretically."

The clerk followed her silently and said no more.

Xu Yangfan was talking theoretically.

But there is a difference between theory and practice after all.

Is this the subtext?
After a moment of silence, Xu Yangfan continued: "Actually, my original idea was to determine that the reason for emergency evacuation was insufficient, as before, and then give a lighter sentence.

But when I saw the defendant’s wife holding the child, I suddenly thought of what the defense lawyer said. "

"What?"

The clerk was a little confused.

Lawyers talk too much.

In terms of physical movements, the clerk is the busiest person in the court. It would be great if he could write down everything they said, so there is no energy left for his brain.

“When there is a conflict between legal logic and common sense, shouldn’t we reflect on it?”

Xu Yangfan sighed: "As a mother, I sympathize with the woman holding the child, but I made this judgment not because of sympathy.

But after thinking about this sentence, I really thought about it.

As a judiciary, should we apply the law mechanically? "

There was no intention for the clerk to answer, it was just a question.

"I don't think so."

He shook his head to himself: "Because of my sympathy for this family, I suddenly realized that when a decision made based on the law is inconsistent with ordinary people's understanding, there is either a problem with the law or the application of the law. There’s something wrong with the people of the law.”

The clerk was shocked.

I don’t want to talk about this nonsense, my sister!
"So something must be wrong with me."

Xu Yangfan's next words made the clerk's heart sink into his stomach.

“In the early days when there were no laws, people relied on the public perception to judge right and wrong. Why is it that now that there are clearly written laws, the judgments conflict with our perceptions?

Combining the two reasons given by the lawyer, I realized that it was not the law that was wrong, but our lack of deeper thinking that led to some wrong inherent perceptions.

So in this case, not guilty, yes! "

Xu Yangfan stopped, not knowing whether he was explaining to the secretary or had a new idea:
"In the past, we all handled this kind of case very smoothly. Over time, it seemed natural, but this is actually a very scary thing."

"Today, the lawyer seemed to have given two reasons for his innocence, and in the end he used conflict of obligations as an aid for emergency evacuation. But in fact, if you think about it carefully, any one of the reasons seems to be enough to find the defendant innocent?"

"But in the cases we have tried in the past, no lawyer has mentioned it, and we have not even considered any reason."

Xu Yangfan frowned, turned around and walked downstairs.

As he walked, he murmured: "No, I have to go to the president to discuss it."

The clerk was left standing where he was.

No, I just asked, why did Sister Yangfan say so many things?

Is this case really that complicated?
The clerk was in disarray.

(End of this chapter)