Lawyer's character

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

“Based on the prosecutor’s defense opinions and response, the defender made the following defense comments:

The defender believes that the "criminal circumstances of the crime of dangerous driving are relatively minor" and should not be classified based on whether a traffic accident occurs.

If a traffic accident occurs, but the consequences of the accident are not serious, and the defendant actively compensates, pleads guilty, and repentes, taking the entire case into consideration, the crime can still be determined to be minor, and the defendant can be sentenced to probation in accordance with the law.

In this case, the defendant Zhou Kaidong’s car was stopped when it was rear-ended by a bus. The incident happened around 6 a.m., and there were few cars and people on the road. Neither party in the accident suffered major property losses or personal injuries, nor was there any disaster. and others, so it is less harmful to society.

Zhou Kaidong had rested for about five hours before driving, which should be classified as "overnight drunk driving". Although this circumstance cannot be the reason for his "criminal", it reflects that his willingness to drive drunk is not strong. The reason why he drove drunk has nothing to do with his feelings for himself. The lack of awareness that the alcohol in the body has not been completely metabolized and is still in a drunken state has a major relationship.

In addition, the defendant Zhou Kaidong took the initiative to stop the car in order to prevent a traffic accident when he discovered that the visibility was low in fog, which reflected his subjective willingness to prevent the risk of a traffic accident.

After the incident, Zhou Kaidong truthfully confessed his crime, actively compensated the other party responsible for the economic losses and obtained forgiveness.

To sum up, the defendant Zhou Kaidong’s crime was relatively minor, his subjective malignancy was minor, he showed remorse, and there was no risk of re-offending. His suspended sentence would not have a major adverse impact on the community where he lives. Therefore, the defender believes that Article 1 of the Criminal Law can be applied. According to the first paragraph of Article 72, he was sentenced to probation. complete. "Yun Qiao responded.

…

When he was about to get off work in the afternoon, Fang Yi was discussing the case with Song Hui, Sui Xia and others when his cell phone suddenly rang. It was Yun Qiao calling.

"Master, the case was won, and the second-instance court really changed the verdict." As soon as Fang Yi answered the phone, Yun Qiao's voice came out, and she was as excited as a child.

"Oh? What was the verdict in the second instance?" Fang Yi's heart moved.

"The collegial panel accepted our defense opinion, revoked the first-instance criminal verdict, and sentenced the defendant Zhou Kaidong to one month's detention for dangerous driving, suspended for two months, and fined RMB 1,000. Suspended!" Yun Qiao screamed excitedly Call.

Before the trial, she had been feeling very uneasy, not knowing whether her master Fang Yiding's defense plan was effective or not. It was not until the moment the verdict was announced that she realized that luck was indeed on her side.

"Okay, be careful on the way back. Hang up!" Fang Yi said and hung up the phone.

Because Yun Qiao spoke louder, Song Hui was closest to Fang Yi and heard clearly. He laughed secretly in his heart, joking that Yun Qiao had never seen the world, so winning a case was nothing more than making a fuss.

If Yun Qiao could hear Song Hui's inner voice, he would definitely shout "As for it".

Yun Qiao didn't feel confident about this case. She had even thought about how to persuade the parties to accept the reality after the second instance court upheld the original verdict, but the outcome turned out to be a big turn.

Compared with those cases in which she was certain of the outcome, or even confident, Yun Qiao felt that the outcome of this case was simply a big Easter egg. If she hadn't had full trust in Fang Yi, she would have even wanted to reject the case.

"This little girl is always surprised. She is so excited after winning a case. Let's continue." Fang Yi said with a smile.

Everyone could see that Fang Yi was in a good mood after answering Yun Qiao's call.

…

After Du Yong got the case file of the intentional homicide case, he took Cheng Du to the detention center to meet the defendant Rong Yang.

The defendant Rongyang was 28 years old. He was not tall, about 1.65 meters tall. He was thin, had dark skin, and his hair was mostly white and less black. At first glance, he looked like he was in his forties.

When Du Yong was introducing himself, Rong Yang across from him kept his eyes dull and seemed to be very confused. Even Du Yong doubted whether he had a mental problem.

But when Du Yong mentioned his sister Rongjuan and mother, Rong Yang's eyes flashed with a flicker, followed by endless pain and endless tears.

After a while, Rong Yang told his family’s story.

The defendant Rong Yang is the son of the victim Lu Yanlan.

In 1990, Lu Yanlan suffered from a stroke that caused left hemiplegia and was unable to live a normal life. After treatment, the condition was relieved, but the condition relapsed again four years later, accompanied by rheumatoid and other diseases that caused pain in the limbs and Cramps, unable to walk normally.

In addition to their son Rong Yang, the Rong family also has a daughter named Rong Juan, who is eight years older than Rong Yang. Before Lu Yanlan got sick, Rongjuan had already married to a village in a neighboring county. Rongjuan's husband's family had average living conditions. Rongjuan and his wife opened a clothing store in the county to make ends meet.

After Lu Yanlan fell ill, Rong Juan often ran over to help her at first, but she couldn't stand running around like this all the time. Her children and clothing store were inseparable from each other, and they lived far away. Her father, Rong Shuyou, also advised her not to run back and forth again. , and later she couldn’t run over, so she came less and less.

Since then, Rong Shuyou and Rong Yang have been taking care of Lu Yanlan's daily life and are responsible for Lu Yanlan's medical treatment. The Rong family was poor and could not afford the high medical expenses. Lu Yanlan could not bear the long-term pain and suffering, and did not want to see her family overwhelmed by debts, so she had the idea of ​​​​suicide. If a neighbor hadn't come to visit and rescued Lu Yanlan in time, she would have hanged from the beam.

After that, the father and son put away the ropes, knives and sharp knives at home to prevent Lu Yanlan from committing suicide again. Although life is hard, the Rong family and his son work odd jobs outside, and the family can barely make ends meet.

Two years later, Rong Yang's father, Rong Shuyou, died of illness. It turned out that Rong Shuyou was physically ill, but his family was poor and he was reluctant to spend money on medical treatment, so he secretly bought some cheap painkillers.

The Rong family lost an income and life became more difficult. Rong Yang had to work three jobs a day to make ends meet. He was so tired that he fainted several times on the way home. The mother, Lu Yanlan, did not want to drag her son down anymore and had many thoughts of committing suicide.

In April, Lu Yanlan asked her son Rongyang to buy pesticides for her. Rongyang understood his mother's thoughts, so he advised her not to think too much and just gritted her teeth and continued to run for life alone.

In May, the factory where he worked closed down, the boss ran away with his money, and nearly a hundred employees lost their three-month wages. It was this monthly salary of more than one thousand yuan that became the last straw for the Rong family.

Rongyang and his co-workers went to the labor bureau several times, but the boss ran away, and the equipment and properties in the factory had been seized by the bank. The creditors came one after another, and no one took over, so the employees could only work dryly. Everyone knows that in the arbitration process, we can only get two weak A4 papers in the end, which cannot change the reality at all. (End of chapter)