Lawyer's character

"I had to go back to the county to deal with some matters, so I drove towards the county that afternoon. On the way, a car suddenly came from the opposite direction and wanted to overtake. In order to avoid the oncoming car, I turned the steering wheel and ended up colliding with it. Pedestrians on the roadside." Du Wending said in a dull tone.

"What did you do after you found out you hit someone?" the prosecutor asked.

"When I saw that he was still alive, I carried him to the car and sent him to a nearby clinic. But the doctor said that he was seriously injured and needed to be sent to the county hospital for rescue. With the help of the doctor, I put him in the hospital. Get in the back seat of the car and drive to the county hospital.

As a result, I found him unresponsive on the way, so I stopped the car and called him. At first, he could still move. Later, I stopped the car several times and called him. His reaction became less and less, and he was only breathing, and his breathing was very weak. I took a picture. She patted his face and asked him to hold on.

Later, when I stopped the car and called him again, I found that he was completely dead and lying motionless on the back seat of the car.

I found that he was dead. I was very scared at the time, thinking that even if I took him to the hospital, he would not be able to be saved, so I dragged him to a field by the roadside. "Du Wending's eyes were a little straightened, and he recounted the incident while recalling.

"Have you received professional medical training?" the prosecutor asked.

"No." Du Wending replied.

"Presiding judge, the prosecutor has finished asking questions." The prosecutor looked at the presiding judge sitting above.

"Does the defendant's defender need to ask questions to the defendant?" The presiding judge looked at Fang Yi.

"The defender needs to ask questions." Fang Yi finished speaking and looked at the defendant's dock: "Defendant, how did you know that the victim was dead before you dragged the victim to the field?"

"I tried his breathing, but there was no air coming in or out. Later, after dragging him to the field, I observed him for a long time. He didn't react at all and couldn't move. So I thought he was dead. It's over." Du Wending said expressionlessly.

"That is to say, you dragged the victim out of the car after you found him dead, is that true?" Fang Yi asked.

"Yes, I wanted to send him to the county hospital, but there were no people there, so there was no need to send him to the hospital. I was very scared at the time and didn't know what to do, so I dragged him to the field and drove him Ran away." Du Wending explained.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"The following is the presentation of evidence and cross-examination. Do the prosecutors, defenders, and defendants have any new evidence to submit?" The presiding judge looked at the three parties.

"No." All three parties said.

…

"The third piece of evidence is the on-site investigation transcript. After on-site investigation, it was found that the drive from the car accident scene to the clinic and then to the field where the victim was found dead only took more than ten minutes. Including the time spent at the clinic, the total duration did not exceed three minutes. ten minutes.

The autopsy report proved that the victim died of hemorrhagic shock due to traumatic rupture of the spleen and painful shock caused by a fracture of the left humerus.

According to the cause of death of the victim shown in the autopsy report, combined with the distance between the two locations, the victim should still have vital signs when he was dragged out of the defendant's car, and the victim could not have died within thirty minutes. "The prosecutor gave evidence.

"What objection does the defendant Du Wending have to this evidence?" The presiding judge looked at the defendant's seat.

"The time mentioned by the prosecutor is the time when the vehicle is not stopping. But during this process, I stopped the car four times, and it took time to observe the victim each time, so the distance I drove to the place where the body was dumped should be more than Thirty minutes, at least about fifty minutes." Du Wending followed the prosecutor's train of thought and said.

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

"The defender accepts the on-site investigation records, but does not accept the prosecutor's inference on the victim's time of death. Moreover, the autopsy report only shows the victim's cause of death, but does not give a presumed time of death. The on-site investigation records cannot directly confirm the victim's time of death. .

The defender believes that according to the evidence in the case, from the time the victim was hit, to the defendant sending the victim to the health room for diagnosis and treatment, and then from the health room to the place where the body was dumped, plus the defendant dragged the victim out of the Mercedes-Benz and put him in the field. The total duration of the observation should be about an hour, not the thirty minutes mentioned by the prosecutor.

In addition, for an injured person with a ruptured spleen, if he has severe bleeding or suffers from heart disease, he may reach the end of his life in just ten or twenty minutes. According to the testimony of the doctor at the health office, the victim's condition had deteriorated and he was unable to speak when he was sent for treatment. This shows that the victim's injury deteriorated very quickly.

To sum up, the defender believes that the victim should have died before he was dragged out of the defendant’s Mercedes-Benz. complete. "Fang Yi questioned and testified.

The presiding judge frowned and looked at the appraisal report, his mind spinning rapidly. Since the time of death of the victim is related to the characterization of this case, the presiding judge has to be cautious.

"Prosecutor, do you have anything to add to the autopsy report?" The presiding judge raised his head and looked at the prosecutor.

"We asked the presiding judge to summon Professor Liu Yi, a general surgery expert from a tertiary hospital in the city, to appear in court as an expert witness to give a professional explanation of the time of death of the victim in this case," the prosecutor said.

In fact, the prosecutor also knew that the key point in determining the case was the time of death of the victim, so the procuratorate had communicated with the medical examiner before, but the medical examiner could not give an accurate time of death, so the procuratorate contacted a tertiary hospital in the city. A general surgery expert appears in court. Of course, the appearance of expert witnesses is not free. Experts’ time is still valuable.

After the expert witness with white hair walked into the court, the presiding judge first verified his identity and his relationship with the case, and then informed him that he should provide testimony truthfully and the legal liability he would bear if he intentionally committed perjury or concealed criminal evidence.

Next, the party calling the witness (the prosecutor) will question the expert witness.

"Professor Liu, the autopsy report in this case only states the cause of death, but not the time of death, so please explain. If the victim in this case has a ruptured spleen, how long will it usually take for the victim's vital signs to disappear?" the prosecutor asked. road.

"If it is just a simple spleen rupture, the injured person is unlikely to die in a short period of time." Professor Liu said with a serious face.

"How long are you talking about?" the prosecutor asked.

"Usually about an hour." Professor Liu replied.

…

Fang Yi listened silently. What Professor Liu said was basically consistent with what Director Chen he had met at the People's Hospital before, which showed that Professor Liu was not lying.