Lawyer's character

"The defendant expressed his defense opinion." The fat judge looked at Ouyang Jie.

"I don't admit it. I don't commit the crime of causing a traffic accident, I don't commit..." Ouyang Jie bit his lower lip hard, his whole body was trembling slightly, and it was obvious that he was very nervous.

"The defender expressed his opinion." The fat judge looked at Ouyang Jie coldly and then looked at Fang Yi.

Fang Yi picked up the prepared defense statement and said: "Dear presiding judge and judges of the collegial bench, I have been entrusted by the defendant Ouyang Jie in this case to serve as his defender. Now I would like to express my defense opinions as follows:

1. The defendant’s own serious injuries do not constitute a crime

The defender believes that crime is an infringement of the legal rights and interests of others and does not include self-harm. Natural persons have the right to dispose of their own rights and interests without endangering the country, public security and the rights and interests of others, and such disposal of their own rights and interests should not constitute a crime.

In the "Criminal Law" and relevant judicial interpretations, where human casualties are used as a condition for conviction and sentencing, casualties caused by oneself are generally not included.

For example, Article 233 of the Criminal Law stipulates "negligently causing death"; another example is the crime of intentional injury and the crime of negligently causing serious injury. The Criminal Law directly and clearly stipulates that "intentionally injuring another person's body, negligently injuring another person causing serious injury" ". The 'person' specified in the above clause obviously does not include the 'person'.

2. The "person" in "causing serious injury to more than one person" in the "Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents" should be given a narrow interpretation

Restrictive interpretation, as the name suggests, refers to an interpretation method that narrows the literal meaning of legal provisions and limits them to the core meaning, so as to correctly interpret the true and reasonable meaning of legal provisions.

If the "person" in "causing serious injury to more than one person" stipulated in the above explanation includes the person himself and others, it will cause logical confusion.

For example, Article 2, Paragraph 1, Item 1 of the above interpretation stipulates that ‘If one person dies or three or more people are seriously injured, he shall be fully or mainly responsible for the accident. ’

We believe that the "one person who died" here should not include the person, because if the person dies in the accident, it is neither necessary nor meaningful to stipulate that his behavior constitutes a crime, both in law and in practice.

If the "person" of "one person died" does not include me, then by the same token, the "person" of "three people seriously injured" should not include me. Therefore, Article 2, Paragraph 2 of the above explanation stipulates: The "person" in "traffic accident causing serious injury to more than one person" should not include the person himself.

3. It goes against common sense to convict and impose a sentence on a seriously injured person.

The defender believes that the reason why criminals are punished is because their behavior has reached a very serious level and caused serious social harm.

The defendant Ouyang Jie in this case caused serious injuries to himself while driving under the influence. He did not cause actual losses to others, but became a victim himself. We think it would be contrary to common sense to convict and punish the defendant's behavior.

Intentional harm to oneself should not constitute a crime, nor should it be a crime to cause serious injury due to negligence.

To sum up, the defendant Ouyang Jie in this case caused serious injuries due to drunk driving and should not be evaluated as a constitutive element of the crime of traffic accident. The above defense opinions are please be adopted by the court.

The defense opinions have been issued. "Fang Yi said.

After Fang Yi finished his defense opinion, the fat judge looked at the case file in his hand and frowned. After a moment, he looked up at Prosecutor Gao: "Prosecutor, based on the facts ascertained and the arguments of both parties, we believe that this case is based on There is insufficient evidence for prosecution of traffic accident crimes, would you consider changing the prosecution?"

During the trial of a criminal case, if the judge believes that the charges charged by the procuratorate are inconsistent with the charges proven in court, the judge has the right to recommend that the procuratorate change the prosecution, but it is the right of the procuratorate to decide whether to change the prosecution.

After whispering a few words to the colleague next to him, Prosecutor Gao said: "We apply to change the prosecution."

Although Fang Yi had expected the procuratorate to change the prosecution, when the other party formally proposed it, Fang Yi still felt a little bit in his heart.

"Okay, I'll give you seven days to resubmit the indictment. ... Since the prosecutor wants to apply for a change of indictment, the court will be adjourned now. The parties will be notified of the next court date." After the fat judge finished speaking, he banged the gavel, and the trial ended.

The last thing Mr. Ouyang wanted to see happened. The procuratorate wanted to change the prosecution, which meant that the situation Fang Yi mentioned before would occur. This was not a good thing for his son.

After walking out of the court door, Mr. Ouyang pulled Fang Yi aside and asked, "Lawyer Fang, look at this case. Will the procuratorate prosecute him for dangerous driving?"

"The possibility is very high. Judging from today's court hearing, the judge's suggestion to the prosecutor means that the charges charged by the prosecutor are incorrect and the judge supports us.

If the prosecutor's office changes the prosecution, it is likely that the charge will be dangerous driving again. If this is the case, we can only use the backup plan we agreed on before, and I will plead guilty. Considering that Ouyang Jie still needs treatment and recovery, the court will probably not jail him even if he is convicted of dangerous driving.

Just wait for my notification. I will be notified after the court determines the time for the next hearing. Fang Yi thought for a while and said.

"Okay, I'll trouble you." After saying that, Mr. Ouyang got into the BMW on the roadside and left.

Zhao Zhongcheng went to work at the law firm before he recovered. The reason he told his wife Tan Guihua was that instead of lying at home, it would be better to go to the law firm to sit, spend money while lying at home, and make money while sitting at the law firm. After hearing this, Tan Guihua praised his spirit of never leaving the line of fire despite minor injuries. In her opinion, it is much better to save the wool of the law firm than to waste the food at home.

In fact, Zhao Zhongcheng didn't really want to steal money from the law firm, but to hide from his wife Tan Guihua. Tan Guihua took leave to take care of him at home, which delayed so much work. The leader of her unit didn't even call her back, and talked to her every day. Buzzing, Lawyer Zhao really can’t stand it.

When he got off work, Chu Huai glanced at Zhao Zhongcheng, who was sitting at his work station with his head drooping and packing his belongings. He hummed a tune and left the law firm with his cowhide bag under his arm, and rode an electric bicycle towards Taiyueju.

Today is the monthly settlement day for the county hospital’s orthopedic channel dealer. Chu Huai calculated that last month’s harvest was good, and he could get several thousand yuan. The money to be distributed to the channel dealer had already been prepared, and he was on the electric In the leather bag in the carriage basket.

Arriving at the door of the reserved private room, Chu Huai held his bag and walked in carelessly.

"Lao Guo, are you here early?!" Chu Huai said with a smile.

"Here we come! I introduced you to several cases last month and I must have collected a lot of money." The middle-aged man known as Lao Guo said with a smile.

"It's okay! Don't worry, I said we will make a fortune together, and I will never treat you badly. I, Chu Huai, am definitely not that picky. Just click on it, and your share is already in the bag." Chu Huai said, putting the money in his hand. The leather bag was handed to the other party.