Lawyer's character

“In response to the defense opinions of the defender, we express our opinions as follows:

First, the defendant Zhao Gang is a veteran driver who has been working as a large truck driver for more than six years and has rich driving experience. At the time of the incident, the defendant felt a bump in the car and should have known that it might have hit someone. He should have stopped to check, but Zhao Gang did not stop. Instead, he drove away from the accident site and continued to haul dirt at the construction site. We believe that Zhao Gang’s behavior was clearly of the nature of a hit-and-run.

Second, when Zhao Gang returned to the accident site while hauling dirt, he saw traffic police investigating the scene. He immediately reported to the team leader that he might have hit someone, and then voluntarily surrendered to the public security and traffic management department on the same day.

We believe that during the escape process, the defendant promptly gave up his purpose of evading legal investigation, voluntarily surrendered, and made a truthful confession, which constituted surrender. However, no matter for what purpose the defendant gave up escaping, his surrender will not affect the determination of his previous escaping behavior.

To sum up, we believe that the defendant committed the crime of causing a traffic accident, and there are aggravating circumstances of hit-and-run. complete. "The prosecutor said.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

“In response to the prosecutor’s defense opinions and responses, the defender issued the following defense opinions:

The defender believes that from the evidence provided by the prosecutor, Zhao Gang did not know that a traffic accident had occurred when he left the scene of the accident. When he returned after loading dirt that day, he saw the police surveying the scene at the intersection, and then he speculated that he might have hit someone. , therefore, it cannot be definitely or exclusively inferred that the defendant's behavior of leaving the scene of the accident must be for the purpose of evading legal prosecution.

According to the principle of ‘favoring the defendant when in doubt’, the defendant Zhao Gang’s behavior should not be found to be a hit-and-run in this case. In the case where it cannot be clearly determined that the defendant was involved in a traffic accident and escaped, there is no act of giving up and it only constitutes voluntary surrender. "Fang Yi said.

Seeing that the prosecutor seemed to have something to say, the presiding judge said: "The prosecutor can continue to respond to the defender's defense opinions."

“In response to the defender’s opinions and responses, the prosecutor issued the following opinions:

According to the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents", paragraph 2 of Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents stipulates that if a traffic accident causes serious injuries to one or more people, who bears all or major responsibility for the accident, and who flees the scene of the accident in order to evade legal prosecution, he shall be deemed to have committed a traffic accident. Conviction.

The defendant Zhao Gang drove a large truck and caused a major traffic accident that killed one person while driving. He was fully responsible for it and had the circumstances of fleeing the scene of the accident (that is, hit-and-run). He should be found to be the basic offender of the crime of traffic accident, and he should also be found guilty of the crime. The legal sentencing situation of traffic hit-and-run should be applied. complete. "The prosecutor said.

"The defender can respond to the prosecutor's opinions." the presiding judge said.

"In response to the prosecutor's response, the defender believes that the prosecutor's point of view is a wrong interpretation of the above explanation. The reasons are as follows:

The second paragraph of Article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents" is the provision for the conviction of traffic accident crimes. The third article is a special explanation for "hit and run in transportation", which clearly excludes the situation of "fleeing the scene of the accident to evade legal prosecution" just mentioned by the prosecutor. "Hit and run in transportation" is a legally aggravated sentence. situation.

In other words, the act of "traffic hit-and-run" cannot be used as both a circumstance of conviction and a statutory aggravation of a severe sentence at the same time. Otherwise, it will violate the principle of criminal law prohibiting repeated evaluation of the same act. complete. Fang Yi secretly said: I have never been afraid of anyone when it comes to theories. If you want to fool me, there is no way!

…

After a ten-minute recess, the members of the collegial panel entered the court again, and the presiding judge banged the gavel.

"Now the court will continue and ask the bailiff to bring the defendant Zhao Gang to court. This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

The defendant Zhao Gang drove a large truck. He did not discover the situation in time and handled it improperly while driving, causing a major traffic accident that killed one person. He also did not stop immediately after the traffic accident to protect the scene, but hit and run. His behavior constituted a traffic accident. crime.

Considering that Zhao Gang took the initiative to surrender after the incident and actively compensated the victim's relatives for their economic losses, the punishment may be reduced. In accordance with the provisions of Article 133 and Paragraph 1 of Article 67 of the Criminal Law of the People's Republic of China, the verdict is that the defendant Zhao Gang committed the crime of traffic accident and was sentenced to one year and six months in prison. "The presiding judge pronounced the verdict.

When he heard the words "hit and run" in the analysis, Fang Yi's heart skipped a beat. It seemed that the court had adopted the procuratorate's opinion and determined that the defendant constituted a traffic hit and run. But the final sentence made Fang Yi moved. One year and six months was considered appropriate for this case. I wonder what the parties involved would think.

After the verdict was pronounced, the defendant Zhao Gang was taken away by the bailiff. When Fang Yi and Zhou Ying walked out of the court, Zhao Jiuhe came over.

"Lawyer Fang, what do you think of the court's decision? If you appeal, can the sentence be changed to a lighter sentence?" It was obvious that Zhao Jiuhe was not too satisfied with the court's decision.

"I think there is no problem with the verdict in this case in terms of characterization, and the sentence is appropriate. However, the court determined that Zhao Gang was a hit-and-run, which is questionable." Fang Yi's implication is that the appeal is of little significance.

Obedient and obedient, Zhao Jiuhe was not stupid. He understood what Fang Yi meant as soon as he heard it.

A few days after the first-instance verdict was announced, the criminal verdict was issued. Within the statutory time limit, the defendant did not appeal and the prosecutorial office did not file a protest, so the verdict became legally effective.

It has been several days since the beginning of autumn, and the weather has not cooled down yet. The autumn tiger came down the mountain, shaking its majesty, but it was already at the end of its power.

Fang Youcai called Fang Yi and asked several times when Fang Anzhi would return. On this day, Fang Yi received the message that Li Shuming and Fang Anzhi would return to China the next day.

On the day he received the news, Fang Yi returned to his hometown and brought his father Fang Youcai to the city. In the afternoon of the next day, Fang Yi left the office and drove to the train station to pick him up.

Around five o'clock in the afternoon, a lot of people came out of the train station, carrying suitcases and carrying backpacks. At first glance, I knew they were passengers who had just gotten off the train.

"Xiao Zhi! Here." Fang Yi stood at the exit and waved to Fang Anzhi and Li Shuming in the crowd.

Soon the two came over, and to Fang Yi's surprise, there was an old acquaintance behind them - Yun Mei.