Lawyer's character

Ouyang Jie was quickly arrested and the case was transferred to the Procuratorate. The Procuratorate filed a public prosecution in the District Court for the crime of traffic accident.

Because Ouyang Jie was seriously injured and had been staying in the hospital, he didn't even need to be released on bail this time. Since Ouyang Jie had been hospitalized and unable to appear in court for trial, the court suspended the trial of the case.

"Mr. Ouyang, how is Ouyang Jie's girlfriend Zhu Lin doing now?" Fang Yi asked.

"Girlfriends are just a joke for children. That girl and Xiaojie are classmates. Strange to say, on the day of the incident, she just scratched her skin and went to the hospital to apply some medicine. Later, after the police asked The words left. And my Xiaojie almost ended up in the intensive care unit.

Lawyer Fang, my Xiaojie is almost recovered now and is ready to be discharged from the hospital. The court also notified us some time ago that the trial will start in a week.

Do you think my Xiaojie’s case is enough to qualify as a traffic accident? The child is still young, and if it constitutes a crime, it will last a lifetime. "Mr. Ouyang said worriedly.

No parent in the world wants their children to be condemned to a stain that can never be removed before they enter society.

"Judging from the situation you introduced, I personally think it is not enough to convict of traffic accident." Fang Yi thought for a while and said.

"What's the reason? The procuratorate has filed a public prosecution for traffic accident. We need reliable reasons to refute them." Mr. Ouyang asked, staring at Fang Yi.

"The reason why I say that your son Ouyang Jie's behavior does not constitute a crime of traffic accident is because from a legal point of view, crime is an infringement of the legal rights of others. Under normal circumstances, self-harm behavior does not constitute a crime (except for the punishment of the right to life, of course) , unless such self-destructive behavior endangers national and public safety.

Just now I asked you about Zhu Lin's situation with Ouyang Jie, that's why I took this into consideration. If Zhu Lin was only slightly injured and Ouyang Jie caused serious injuries to himself due to a traffic accident, this situation is exactly in line with the situation I just mentioned and does not constitute the crime of traffic accident.

However, it is not ruled out that during the trial, the procuratorate will change the prosecution and accuse Ouyang Jie of dangerous driving. "Fang Yi explained.

"If the procuratorate really changes the prosecution, will my son commit a crime and be sentenced?" Mr. Ouyang asked.

"It is really possible that the crime of dangerous driving will be constituted, but it is hard to say whether there will be a prison sentence. Because Ouyang Jie was seriously injured, we can fight for it. The ideal result is that although it constitutes a crime, the court exempts your son from criminal punishment. ." Fang Yi said.

"In other words, my son's crime cannot be erased. Lawyer Fang, is there any other way?" Mr. Ouyang said with expectant eyes.

"This... I'm afraid it's difficult." Fang Yi hesitated and said.

"To be honest, I have consulted several lawyers before, and their opinions were similar to what you said, but they did not mention the procuratorate's change of prosecution.

If the procuratorate does not change the prosecution, will my son’s case be treated as not guilty? "Mr. Ouyang said.

After listening to Mr. Ouyang's words, Fang Yi thought to himself: There are two reasons why the other lawyers didn't mention the high probability. First, these lawyers lacked professional skills and they didn't think too much about it; second, they were afraid that you would not think so after hearing that your son had committed a crime. Entrust them, or be reluctant to spend a lot of money on a lawyer.

Fang Yi dared to say that it was due to the professionalism of a practicing lawyer. Since people asked, he had to disclose all the risks of the case to avoid the client blaming the lawyer for being unprofessional.

"According to the second paragraph of Article 176 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China, 'the facts of the prosecution are clear, the evidence is reliable and sufficient, and the charges are consistent with the people's If the charges determined by the court at trial are inconsistent, a guilty verdict shall be made.'

It can be seen from this that when the charges are inconsistent with the charges determined by the court, the People's Court can change the charges charged by the People's Procuratorate and convict the defendant on the charges determined by the trial.

Therefore, the situation you mentioned is unlikely. Fang Yi thought for a while and said.

"Yeah, I get it. If I entrust you with my son's defense, could you keep my son out of jail?"

Ouyang finally understood that even if the charges brought by the procuratorate were not found guilty, the court might convict and sentence him based on the new charges. The stain on his son could not be erased.

But fortunately, he didn't expect his son to go to college and become a civil servant like others (mainly because his son's studies were too bad). In the future, he would have the shamelessness to talk to Zhou Defa and ask Mr. Zhou to arrange a job for his son for the sake of his own dignity. Errands.

The question that Mr. Ouyang is most concerned about now is whether his son will go to jail and how long he will stay in jail.

Fang Yi did not reply to Mr. Ouyang immediately. Instead, he took a sip of tea from his teacup and prepared an argument: "If you entrust me to defend your son, I will do my best to get rid of the traffic accident charge charged by the procuratorate. Then strive for the best interests for Ouyang Jie.

As a lawyer, I dare not promise you anything, but I will do my best. "Fang Yi said.

"Well, let me ask one more question, do you have anything to do with the district court?" Mr. Ouyang asked.

Because Mr. Ouyang's connections were not in the city but in other provinces, so since his son's accident, he had been relying on connections everywhere like a headless fly. He treated people to countless meals and was defrauded of hundreds of thousands. In the end, He had no choice but to ask his boss Zhou Defa for help.

It's a pity that Zhou Defa moved his headquarters to the capital in his early years, and the city's leaders changed several times. For a while, he couldn't find a heavyweight to help him.

There are a few well-connected leaders in Defa Construction, but because Mr. Ouyang is retiring soon and has no use value, everyone fought with him in the early years, leaving a lot of grievances, so everyone pretends Deaf and mute, do not stretch your head.

I met Fang Yi today and felt that Fang Yi was quite reliable. Ouyang always wanted to try to see if Fang Yi was related. But Fang Yi is not much better than him, so it doesn't matter.

"Mr. Ouyang, I advise you not to think that way. Maybe you have had a relationship before. Nowadays, there are many people in the market who talk big but don't do anything. If someone tells you that he has a relationship, don't believe it.

This is a public prosecution case. Unless you can find a strong connection between the procuratorate and the court, you might as well hire a good lawyer for your son. "Fang Yi did not directly answer Mr. Ouyang whether he was related. Instead, he persuaded Mr. Ouyang to hire a lawyer with strong professional ability.

Listen carefully, after Fang Yi finished speaking, Mr. Ouyang understood immediately.

"Okay, Lawyer Fang, is your law firm in the capital?" Zhou Shen practices in the capital, and he introduced Fang Yi. Mr. Ouyang took it for granted that Fang Yi also practiced in the capital.