Lawyer's character

"Although according to the "Technical Conditions for Safety in Motor Vehicle Operation", the technical standards of some over-standard electric bicycles meet the technical conditions of motorcycles, the above-mentioned document does not clearly stipulate that over-standard electric bicycles belong to motor vehicles, but only stipulates that electric bicycles that meet national standards must Bicycles do not belong to motorcycles. In the absence of express provisions, we should not expand our interpretation of motor vehicles and classify over-standard electric bicycles as motor vehicles.

To take a step back, even if the "Technical Conditions for Safety in Motor Vehicle Operation" clearly stipulates that electric bicycles exceeding the standard are motor vehicles, there are still questions about the legal nature and legal validity of the document.

According to the provisions of the "Standardization Law of the People's Republic of China", "Technical Conditions for Motor Vehicle Operation Safety" is a mandatory national standard. However, judging from the formal requirements such as the procedures, system structure, name content and other formal requirements for the formulation and release of mandatory national standards, the "Technical Conditions for Motor Vehicle Operation Safety" "Technical Conditions for Safety in the Operation of EMUs" does not belong to departmental regulations, nor is it an administrative regulation. What it belongs to is not clearly stipulated in the law.

Therefore, we believe that mandatory national standards only have certain reference value for this case, but are not binding in the sense of legal norms.

Only if laws, regulations or departmental rules clearly stipulate that over-standard electric bicycles are motor vehicles, the People's Court can determine that over-standard electric bicycles are motor vehicles in the legal sense.

Before relevant regulations are promulgated, it should not be just that the "Road Traffic Safety Law of the People's Republic of China" does not exclude over-standard electric bicycles from motor vehicles, and the over-standard electric bicycles meet the technical requirements for motorcycles in the "Technical Conditions for Motor Vehicle Operation Safety" On the basis of conditions, it was determined that the defendant's behavior constituted the crime of dangerous driving.

We believe that this determination violates the principle of statutory punishment.

2. From the perspective of public perception, electric bicycles exceeding the standard are not motor vehicles.

Before and after purchasing the over-standard electric bicycles, the defendant was not informed that the over-standard electric bicycles needed to be managed according to motor vehicle standards. In the defendant's mind, over-standard electric bicycles are non-motorized vehicles and do not need to be tested at all. In fact, this is indeed the case.

Since the crime of dangerous driving is an administrative crime, the requirements for the perpetrator's awareness of the illegality should be higher, and the perpetrator should be aware that the vehicle he or she is driving is a motor vehicle in the legal sense.

To judge whether the perpetrator realizes that the electric bicycle exceeding the standard is a motor vehicle in the legal sense, a comprehensive judgment needs to be made based on the life experience, awareness level and understanding ability of the average person.

As we have mentioned before, the country has not made clear provisions on the legal attributes of electric bicycles that exceed the standard, nor does it manage electric bicycles that exceed the standard as motor vehicles.

Under such circumstances, it is unrealistic and even difficult to ask the general public to realize that over-standard electric bicycles are motor vehicles.

Therefore, pursuing criminal liability for driving an electric bicycle that exceeds the legal limit while drunk violates the principle of criminalization of the unity of subjectivity and objectivity.

3. The defendant’s guilty plea was a misunderstanding

The defendant in this case, Sun Lianpeng, pleaded guilty after arriving at the case, not because he believed that excessive electric bicycles were motor vehicles, but based on the misconception that "drunk driving will be subject to criminal punishment." Therefore, just because the defendant pleads guilty, it cannot simply be concluded that he is guilty of dangerous driving.

To sum up, the crime charged by the public prosecution agency cannot be established. We believe that the defendant Sun Lianpeng does not commit the crime of dangerous driving.

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

"Do both sides have any additional arguments?" the female judge frowned and asked.

"No." Both parties replied.

"The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. It is now up to you, defendant Sun Lianpeng, to make a final statement to the court." said the female judge.

"I plead guilty..." Sun Lianpeng didn't know what to say other than confessing his guilt. His heart kept pounding and his body was trembling slightly.

…

“After a public hearing, this court conducted court investigation and court debate, heard the prosecutor’s accusations, the defendant’s opinions, the defendant’s defense and statements, and the defense opinions of the defender, and the court hearing ended.

The court will be adjourned for ten minutes. The verdict will be pronounced later and the defendant will be taken out of the court. "The female judge knocked her gavel and exited the court.

During the trial, Fang Yi said his mouth was dry. After the court adjourned, he immediately took out the mineral water from his briefcase and drank it in large gulps.

At this moment, the female secretary member came over and said, "Lawyer Fang, please go back and submit a defense opinion to us."

"Okay." Fang Yi smiled.

When Fang Yi walked out of the court, Sun Lianpeng's parents who were listening in the court followed him out.

"Lawyer Fang, thank you. I think your defense opinions are well-founded and my son will definitely be acquitted." Sun Lianpeng's mother said with confidence.

In fact, she didn't understand much of what Fang Yi said in court, but Fang Yi's energy made her feel very powerful.

Fang Yi's heart trembled for a while, and he said to himself: Sister, don't be so confident. The first judge found your son guilty, and I'm afraid of teasing me.

"Lawyer Fang, I have to obey you. We don't have any evidence in court, but you can actually talk blah blah blah for a long time. I think the judge was dumbfounded." Sun Lianpeng's father looked at Fang Yi with admiration. .

Fang Yi was confused for a while: Good guy, you are here to see my performance. Don’t you care whether your son is found guilty or innocent? What a big heart! Perhaps in this father's mind, drinking and driving is not a problem at all.

Ten minutes passed quickly, and the clerk asked everyone to take their seats. After waiting for a while, the female judge quickly walked into the court.

All those participating in the trial stood up, and the female judge read out the verdict: "...the defendant Sun Lianpeng is not guilty of dangerous driving. This court rules: the defendant Sun Lianpeng is not guilty. The court will deliver the verdict within five days."

After the verdict was pronounced, the bailiff opened Sun Lianpeng's handcuffs in court, and his mother walked over with tears in her eyes and hugged Sun Lianpeng.

His father grinned widely and kept saying, "I told you it was okay. You must not believe it..."

Fang Yi let out a long breath. He wouldn't be scratched now. He didn't know if the procuratorate would raise an objection or protest.

After coming out of the court, Fang Yi sent Yunmei a WeChat message and told her the verdict. Sun Lianpeng's family held Fang Yi away and refused to let him go, insisting on inviting him to dinner.

Fang Yi checked the time and saw that it was already past six o'clock in the evening. He was really hungry and couldn't refuse the hospitality, so he went to Taiyueju, the most upscale restaurant in the county.

Along the way, Sun Lianpeng's father kept calling, asking for news. It seemed that the Sun family was well-connected. When they arrived at Taiyueju, many people were already sitting in the large private room, including many colleagues from Sun Lianpeng Yunwu Tea House. At this time, Sun Lianpeng had changed into new clothes, and everyone celebrated.

Fang Yi looked at Sun Lianpeng's family laughing from ear to ear, and sighed in his heart: It would be more fulfilling to do criminal cases.

Three updates today!