Lawyer's character

Mr. Ouyang was afraid that his son would be arrested by the police after he was discharged from the hospital, so he used his connections to arrange for his son to undergo rehabilitation training in the People's Hospital. In fact, he was hiding in the ward of senior officials waiting for trial.

Fang Yi met with him in the hospital a few days ago, and they went to court again to formulate a defense plan. Although Ouyang Jie did not want to plead guilty to dangerous driving, facts speak louder than words. This time, even lawyer Fang suggested that he plead guilty. In the end, Ouyang Jie compromised. .

"Does the prosecutor need to question the defendant about the criminal facts alleged in the indictment?" the fat judge asked.

"No need to ask," Inspector Gao said.

"Does the defendant's defender need to ask questions to the defendant?" the fat judge looked at Fang Yidao.

"No need." Fang Yi said.

…

"Prosecutor, has there been any change in the evidence previously submitted?" the fat judge asked.

"No change." Inspector Gao said.

"What objection does the defendant have to the evidence?" the fat judge asked.

"No objection." Ouyang Jie said.

"What opinions does the defendant's defender have on the evidence?" the fat judge asked.

"No objection." Fang Yi said.

This time it was just a formality. The evidence submitted by the prosecutor had already been confirmed at the last trial, and the judge was just confirming it again.

"Does the defendant's defender have any evidence that needs to be submitted?" the judge asked.

"There is no evidence." Fang Yi said.

"The facts of this case have been clearly investigated, the court investigation is over, and now the court debate begins. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

The prosecutor is invited to express his arguments. "The judge said.

"Okay, the defendant Ouyang Jie's behavior of driving a motor vehicle drunk on the road without obtaining a motorcycle driving license has fulfilled the constituent elements of the crime of dangerous driving and should be punished according to law.

According to the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Drunken Driving of Motor Vehicles" issued by the Supreme Court, the Supreme Procuratorate, and the Ministry of Public Security (this document was issued in December 2013 and is borrowed here in advance). Second According to the provisions of Paragraph 1 of the Article, drunk driving that causes a traffic accident and bears all or major responsibility for the accident shall be severely punished.

Ouyang Jie drove a two-wheeled motorcycle while drunk, carried others and caused a traffic accident, causing serious injuries to himself and minor injuries to others. The principle of heavier punishment should be applied.

The debate opinions have been expressed. "Inspector Gao said.

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

"I plead guilty. I hope the court can give me a chance." Ouyang Jie bit his lower lip and raised his head. His voice was trembling.

"The defender expressed his opinion." The fat judge continued.

"Dear presiding judge and judges of the collegial panel, I have been entrusted by the defendant Ouyang Jie in this case to serve as his defender. I now express my defense opinions as follows:

We believe that although Ouyang Jie caused a traffic accident while driving a motorcycle without a license and while drunk, given that Ouyang Jie was just an adult and was seriously injured due to his drunk driving behavior, which has already placed a heavy burden on his family, if he is further punished Severe punishment goes against the humane and modest spirit of punishment.

In addition, Ouyang Jie's blood alcohol content was 104.5 mg/100 ml, which was only slightly higher than the blood alcohol content standard for drunk driving of 80 mg/100 ml. His blood alcohol content was low and the circumstances were minor. The defendant Ouyang Jie truthfully confessed his crime after arriving at the case, and the defender recommended that he be exempted from criminal punishment. Ask the court to adopt the defender’s opinion.

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

"Do both sides have any additional arguments?" the judge asked expressionlessly.

"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. Defendant Ouyang Jie now leaves it up to you to make a final statement to the court." The fat judge said coldly. .

"I plead guilty and ask the court to give me a chance. I will definitely change my ways, study traffic laws seriously, and never drive on the road without a driver's license..." Ouyang Jie rambled on for about ten minutes, and then he turned over those few words. sentence, the fat judge ruthlessly interrupted his speech.

…

“After a public trial, 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 fat judge finished speaking and banged the gavel.

Mr. Ouyang, who was sitting below, cast a questioning look at Fang Yi. Fang Yi nodded slightly and signaled him to wait.

Ten minutes later, the clerk asked all those participating in the trial to stand up, and the fat judge read out the verdict: "... Ouyang Jie did not obtain a motor vehicle driving license, drove a motor vehicle while drunk and caused a traffic accident. His behavior constituted the crime of dangerous driving.

Since Ouyang Jie truthfully confessed his crime after arriving at the case, and his blood alcohol content was low and the circumstances were minor, he could be exempted from criminal punishment.

In accordance with the provisions of Article 133-1, Paragraph 1, Article 67, Paragraph 3, and Article 37 of the Criminal Law, this court ruled that Ouyang Jie constituted the crime of dangerous driving and was exempted from criminal punishment. The court will deliver the judgment within five days. "

After hearing the word "free", Fang Yi could finally let go. This was the best outcome he had expected.

If Fang Yi was not the defender in this case, from the perspective of a legal practitioner, he felt that it would be more appropriate for the court to impose a suspended sentence in this case. But he is a lawyer and a defender. He can only work in the direction of maximizing the interests of the client, because this is his duty.

After the verdict was pronounced, Mr. Ouyang asked the nurse to push Ouyang Jie out of the courtroom, who was in a wheelchair. Then he came over and held Fang Yi's hand tightly, his eyes full of gratitude, and finally he said "Thank you!"

Fang Yi smiled and nodded: "Let's go back first! Ouyang Jie will resume training in the afternoon."

After coming out of the court, Fang Yi sent his senior brother Zhou Shen a WeChat message and informed him of the verdict. After sending the WeChat message, he looked up at the gray sky (the smog was still very serious), and once again felt the sense of accomplishment brought by the criminal case.

Zhou Deguang was eating at noon when a text message alert sounded on his mobile phone. It was from his assistant: Mr. Ouyang’s son was exempted from criminal punishment!

Fang Yi felt a little tired, but in a good mood. He got off the bus and ordered a bowl of shaved noodles from a roadside noodle shop next to the long-distance station, adding more spicy pepper. The weather is very hot, the air conditioning is on in the noodle shop, and the room is full of diners. The smell of knife-cut noodles is floating in the air, and it smells very tempting.

While he was eating noodles, the phone rang. It was Sister Lan.