Becoming a lawyer starts with raising a Xiezhi

Chapter 252
Meng Lang and Niu Zhao went to the traffic police team together and found the traffic police chief. When he told the chief, the chief squinted at them and said, "Your lawyer broke the law, so you don't need to pursue it?"

Meng Lang said: "It's not that our lawyers broke the law and don't need to be held accountable, but we don't think this case constitutes a criminal case. We hope that the traffic police team can release Lawyer Qiu first, otherwise, we will keep him locked up, and it may involve state compensation in the future. .”

The traffic police captain was unhappy after hearing this and ignored him.

Meng Lang handed over the lawyer's opinion and said, "This is our opinion. You can make a decision after reading it. Our country, Tao, is a country that values ​​the rule of law. If you do not follow the law, you will be held responsible."

The traffic police captain glanced at him a few times and felt even more unhappy. Seeing this, Meng Lang felt that he could not communicate with him anymore, so he turned around and left. After returning, he thought about it and sent a lawyer's opinion to the police chief. The traffic policeman The team is under the control of the police chief. If the traffic police captain doesn't listen to their opinions, maybe the police chief will.

On the third day after the lawyer's opinion letter was sent out, Qiu Xuanxiang came out.

Sure enough, after receiving the lawyer's opinion letter, the police chief felt that it was inappropriate to detain Qiu Xuanxiang again, so he called the traffic police captain to release him first, and asked them to hand over to the procuratorate whether to pursue the criminal responsibility of Qiu Xuanxiang. .

After Qiu Xuanxiang was released, he breathed a sigh of relief, but he was not sure what to do next.After meeting with Meng Lang, the two discussed the matter again. As soon as Meng Lang expressed his opinion, he immediately said: "Old Wolf, you are absolutely right. I just didn't realize that I was drunk at the time."

Meng Lang asked him, "Did you really not realize that you were still drunk?"

Qiu Xuanxiang glanced at him and said, "I really didn't. I thought it wouldn't work after one night. Who knew the alcohol content was so high?"

Meng Lang said: "You are also playing around the edges in this situation, but don't we lawyers try our best to fight for the interests of our clients? So playing around the edges is our lawyer's profession. Only by constantly playing around the edges can we constantly improve the law. wrong?"

Qiu Xuanxiang nodded hurriedly and said: "Old Wolf, you are absolutely right. If there are no loopholes in the law, our lawyers will be useless. We lawyers are just looking for loopholes in the law."

Meng Lang couldn't help smiling after hearing this, thinking that a child can be taught.

Qiu Xuanxiang's matter soon reached the procuratorate, and it was much easier to reach the procuratorate, because compared with the traffic police team, the procuratorate is a professional legal person, and it is easier to communicate with them.

Meng Lang and Qiu Xuanxiang went to the public prosecutor of the procuratorate, discussed the matter with them, and told them that after a night's rest, the alcohol content was still high. , It is recommended to make a decision not to prosecute, or ask the traffic police team to withdraw the case.

The prosecutor who reviewed Qiu Xuanxiang's case was also a female public prosecutor. After listening to his words, the female public prosecutor said: "After drinking, you are not allowed to drive. Although it's been a night, I personally know whether I am in a state of drunkenness, right? "

After hearing this, Qiu Xuanxiang hurriedly said: "Prosecutor, I really didn't realize that I was drunk at the time. Think about it, after a night's rest, I must have recovered. Who knew that the alcohol content would exceed the standard? Right, I have no criminal intent. ah."

The female public prosecutor glanced at him and said, "Although you've been through the night, don't you know if you've sobered up? You must be lucky and think the police can't find you, right?"

After hearing this, Qiu Xuanxiang took a breath, and hurriedly argued: "I really didn't realize that I was drunk, and I didn't have any luck. I really felt nothing at the time."

"How do you prove that you were not drunk at the time?" the female prosecutor asked back.

Qiu Xuanxiang said: "How can I prove this? I am the defendant and don't bear the burden of proof, right?"

The female public prosecutor said: "Yes, you don't bear the burden of proof, but now the traffic police team has proved that you are drunk, with an alcohol content of 81."

After listening to the conversation between the two of them, Meng Lang interjected, "Prosecutor, although the traffic police team proved that he was drunk, it was only an objective piece of evidence, but how can it be proved subjectively intentionally? Driving, then he must have done it on purpose, because just after drinking, everyone knows that he is in a state of drunkenness, right? But after a night, although the smell of alcohol still has not dissipated, whether he is drunk or not is not good Are you sure? Unless he goes to test before driving, but who can do that? So after one night, for the defendant to still have the mens rea, it should be proved that he knew he was intoxicated at that time, you Say it?"

When he said this, the female prosecutor looked at him again: "Who said it was necessary to prove that he knew he was drunk? Didn't he know whether he was drunk or not? This is a fallacy."

Meng Lang smiled and said, "Prosecutor, if I'm lying, what is justice? You must know the four elements of a crime, right? If a person has no criminal intent, can't he be convicted of a crime? Subjective intent is necessary Condition? I know, you may think this is sophistry, but to prove a person guilty, there can be no ambiguity, otherwise, the seriousness and rigor of the criminal law will be destroyed by us. Now the traffic police don’t care whether the person has Intention to commit a crime, it is determined that he was driving under the influence of alcohol, which seriously violates the requirements of the four elements of a crime. As a law enforcement agency, it doesn’t matter, but the procuratorate, as a judicial agency, should play the role of gatekeeper, otherwise the rule of law will be destroyed.”

When he said this, the female public prosecutor looked at him helplessly, thinking that this was incredible. Unexpectedly, meng lang came up with such a reason. Is there any reason for such a reason?

"If you say so, many people will find excuses, saying that they have no criminal intent, and the law will really lose its seriousness." The female public prosecutor thought for a while.

Meng Lang said: "If you say this, it means that there are loopholes in the formulation of this law and it is not very comprehensive. Faced with this situation, should we undermine the rigor of the law to strengthen social governance, or should we find ways to improve the law? , to prevent the emergence of legal loopholes? And if we turn a blind eye to the loopholes, how can the law enforcement agencies have the enthusiasm to improve this law? Only if someone exploits this legal loophole can it play a promoting role and make this law more perfect. It prevents people from taking advantage of legal loopholes, and at the same time, it can convince everyone that they have been wronged."

(End of this chapter)