Becoming a lawyer starts with raising a Xiezhi

Chapter 253 Loopholes in the Law

"Hehe, your lawyers are really good at exploiting loopholes in the law. Isn't it good for you to do this?" The female prosecutor said with a smile.

Meng Lang glanced at her and said, "Comrade prosecutor, do you think that only lawyers can take advantage of loopholes in the law? The law applies to everyone, and people have the nature of seeking advantages and avoiding disadvantages. Since there are loopholes in the law, why don't you take advantage of them?" What? For a lawyer, maybe because he is a professional in law, just like a doctor, he can tell at a glance whether there is a disease in a person, know where there are loopholes in the law, and help the law to be improved as soon as possible. Good thing, are you right? If lawyers don’t exploit loopholes in the law, how can they find loopholes and problems in the law?”

After Meng Lang said these words, the female prosecutor looked at him in a daze, wondering why this man is so powerful, can he speak out so wrongly with confidence?Is it right to exploit legal loopholes?What's the difference between that and liking to take advantage of others?
At this time, the female public prosecutor is a typical moral thinking, not a legal thinking.

"Okay, we will study how to handle this case, but there is one thing we disagree with, that is, no one can try every means to exploit loopholes in the law. This is not right." The female public prosecutor finally said He said.

Seeing the female public prosecutor's attitude, Meng Lang had no choice but to say to her in another way: "Comrade prosecutor, since you said so, then we will not take advantage of the loopholes in the law, but if you do not take advantage of the loopholes in the law, you have to prove that they How do you prove that there is criminal intent?"

The female public prosecutor looked at the dossier in her hand, and replied, "How to prove it? He drove after drinking, how can he prove it?"

Meng Lang said: "He drove after drinking, but after a night's rest, is he still called to drive after drinking?"

Female public prosecutor: "After testing, his alcohol content has reached more than [-]. Isn't this called drunkenness?"

Meng Lang said: "This is his objective behavior, I mean his subjective intention. If a person doesn't know that he is drinking, can we pursue his responsibility?"

Female prosecutor: "He obviously knew he was drinking, right?"

Meng Lang said: "That's right, he knew that he was drinking, but when he was driving, he thought that he had passed the alcohol and could drive. Did he still know that he was drinking? If he said that, then he just had to drink After drinking, don’t drive again, I want to ask you a question, comrade prosecutor, how long does it take for a person to reduce the alcohol content in his body to zero after drinking?”

This time the female public prosecutor was stopped, one day, two days?Based on experience, she feels that one day is about the same, but she can't guarantee that the alcohol content can be reduced to zero in one day.

"After drinking alone, doesn't he know whether the alcohol has passed?" the female public prosecutor said.

Meng Lang said: "Not necessarily. After I drank and slept, I definitely don't know what my alcohol content is. The law is not too difficult. Subjectively, I think I have already rested and I don't have much alcohol. Now, at this time, I went to drive. I really don’t have the subjective intention of drunk driving. You can say that there is the intention of drunk driving, but he doesn’t have the intention of drunk driving, right? The criminal law is modest, but If there is room for ambiguity, we should try our best to lean towards the criminal suspect. The benefit of the doubtful point belongs to the defendant. This is the basic principle of the criminal law. Even you can’t be sure. How long will it take for the alcohol content to be reduced to Zero, how do ordinary people know?

And if it is not reduced to zero and is detected, even if the alcohol content is very low, it is still suspected of drinking and driving, and it is still illegal, which makes ordinary people fall into an uncertain behavior. Yes, it should be different from the behavior of driving immediately after drinking, at least in terms of subjective crime, his responsibility will be much smaller, right?Taking this case as an example, Lawyer Qiu did not intentionally break the law, or the level of crime is relatively low and has just reached the standard of constituting a crime, so your decision not to prosecute is completely okay, this is our opinion. "

After finishing these words with the female public prosecutor, the female public prosecutor nodded and said: "There is still some truth in what you said, the degree of his crime is indeed not very big, but if there is no crime at all, that is not true. If possible, we will comprehensively consider the situation in this regard before deciding whether to prosecute."

I finally managed to communicate with the female public prosecutor. It seems that sometimes, we have to change the way of speaking and tell her about loopholes in the law. If she is not happy, then use another method.

When Qiu Xuan saw that the female public prosecutor finally listened to Meng Lang's words, he was also relieved. His fate was in the hands of this female public prosecutor.

After he came out, Meng Lang said to him, "Don't be afraid, if she sues, we will try to defend your case in court as well."

"Can you be found not guilty?" Qiu Xuanxiang was still worried.

Meng Lang said, "You don't even have confidence in yourself?"

"I am the client, and the client's confidence lies in the lawyer. You are now my lawyer." Qiu Xuanxiang said.

"Well, just trust your lawyer."

Qiu Xuanxiang was worried for half a month, and finally one day, the procuratorate called Meng Lang and asked him to go to the procuratorate.

After Meng Lang received the call, he hurried to the procuratorate. After arriving at the procuratorate, the female prosecutor gave him a legal document and said, "We have decided not to prosecute Qiu Xuanxiang. This is our decision not to prosecute. It is a relative decision." Not to prosecute. Considering that Qiu Xuanxiang’s crime is minor and does not require a penalty, we have decided not to prosecute. At the same time, we also attach great importance to the situation you raised. The issue of drunk driving overnight is indeed a matter worth studying. In this regard, we still To strengthen research, well, that’s it.”

Meng Lang took the non-prosecution decision and thanked him: "Thank you, comrade prosecutor, we are all for the correct implementation of the law, thank you, thank you, is it convenient to have a light meal together?"

When the female public prosecutor heard this, she smiled: "No need, thank you too."

Meng Lang smiled and said, "Zheng Yihong used to be from your courtyard, but now she has been transferred to the city courtyard. She and I are good friends. If it's convenient, I can invite her to have a light meal together."

The female public prosecutor was happy again: "Sister Yihong is very familiar with you? There is really no need, thank you."

"She and I are old acquaintances. Don't be too polite. Having a meal won't involve judicial justice, right? Prosecutors also want to eat fireworks." Meng Lang said with a smile.

(End of this chapter)