Becoming a lawyer starts with raising a Xiezhi

Chapter 512 One crime or two crimes

Tian Jiu also answered the same as before, denying that he bumped into the old lady on purpose, and Meng Lang asked him these words, of course not to let him not admit to intentional murder, but to let the court know that Tian Jiu was at that time There is indeed a situation of confusion, drunk driving, his driving ability is limited, and it is not ruled out that Tian Jiu accidentally hit the old lady because he didn't see her for a while.

Just trying to defend the case as a manslaughter case is unlikely, but at least it can be considered by the judge when sentencing.

"Why did you turn the steering wheel to the left?" Meng Lang asked again.

"I turned the steering wheel to the left because I just wanted to avoid her. If I saw that she hadn't left, I couldn't just run into him directly." Tian Jiu still wanted to avoid the serious and ignore the trivial.

After hearing this, Meng Lang didn't continue to ask him about it, but said, "How did you get arrested by the police?"

Tian Jiudao: "I overturned my car and stood by the side of the road waiting for the police to come. Then the traffic police came and arrested me."

"Did you run away?" Meng Lang asked again.

"No, I didn't run away. My wife called me at the time and told me to call the police, but I couldn't control my head at the time, so I didn't come in time to call the police."

Meng Lang listened, nodded, and then said to the judge, "Report to the presiding judge, I've finished my question."

After the interrogation, the public prosecutor raised his hand to interrogate Tian Jiu again.

The judge allowed.

The public prosecutor asked: "Defendant Tian Jiu, why did you stand on the side of the road and wave to passing trucks after you rolled over?"

Tian Jiudao: "The reason I stopped the car was to borrow their mobile phone to call the police."

"Your mobile phone is still in the car. After the traffic police arrive at the scene, you can still use your mobile phone to video with your wife. Why do you borrow someone else's mobile phone?"

"I climbed out of the car at the time, not knowing that the phone was not broken. If I knew that the phone was not broken, I would not be able to throw down the phone and not video with my wife, so I went to borrow someone else's car on the road."

After hearing this, the prosecutor looked unhappy and felt that Tian Jiu was deliberately lying. He clearly wanted to stop the car and escape, but now he said that he wanted to use his mobile phone to call the police. It was really unreasonable.

"You didn't call the police after the accident, you didn't call the police after you hit someone, and you thought about calling the police when your car overturned in a field. Why?" the prosecutor asked sternly.

Tian Jiudao: "After the car overturned, I realized that I had caused an accident, so I thought about calling the police."

Tian Jiu is really a veteran of three ins and three outs. He answered the public prosecutor's questions without revealing anything. How he answered this matter involved the question of whether he surrendered himself. Although Tian Jiu ran away after the incident, it was only because the car overturned. The traffic police caught him, but as long as there is a slight chance, as the defendant, he also wants to defend himself in a way that is beneficial to him.

Seeing that Tian Jiu was a bit sophistry, the prosecutor had nothing to do after asking, so he had no choice but to give up entanglement on this issue.

After the interrogation was over, the court began to produce evidence and cross-examination. The objective evidence and direct evidence in this case were relatively sufficient. Meng Lang had nothing to defend on this issue.

The public prosecutor first issued a public prosecution opinion. He said that the defendant Tian Jiu drove a motor vehicle while drunk, endangering public safety, and was suspected of the crime of dangerous driving. He was investigated for criminal responsibility for the crime of dangerous driving and intentional homicide, and he was punished for several crimes. The defendant, Tian Jiu, was sentenced to fixed-term imprisonment or more. He committed another crime within five years after the execution of the sentence. He is a recidivist and should be given a heavier punishment. above sentencing.

After Meng Lang heard this, he began to defend Tian Jiu. He said, first of all, the defender believes that the public prosecution agency accused the defendant Tian Jiu of committing two crimes. , but objected to the charge of dangerous driving and believed that Tian Jiu did not constitute the crime of dangerous driving for the following reasons:
First, although Tian Jiu was driving a car while intoxicated, his intentional homicide occurred on the way he was driving, which was a continuation of his dangerous driving behavior. Just as the perpetrator will be prosecuted for the crime of causing a traffic accident, his dangerous driving behavior should be absorbed by his intentional homicide, and he should be prosecuted for one crime, not two crimes.

Second, if it is considered that his dangerous driving behavior is an independent behavior that has nothing to do with the intentional homicide and can be investigated together, then the means of his intentional homicide does not exist, and he did not use other means to kill the victim, but by driving The act of collision killed the victim. Therefore, his dangerous driving behavior is a criminal means, and it is implicated in the intentional homicide. According to the provisions of implicated offenders, one felony should be selected for punishment instead of two crimes.

Third, although the defendant Tian Jiu had both the criminal intent of dangerous driving and the criminal intent of intentional homicide, the two criminal intentions did not occur at the same time. Instead, when the victim deliberately blocked the defendant from leaving on public transportation, the defendant When a person has the intention of intentional homicide, at this time, his dangerous driving intention and intentional homicide intention have a competing relationship. One act produces two intentions. This is a typical imaginary competing crime, and one of the felony crimes should be punished.

Meng lang defended this issue, arguing that it was wrong for the public prosecutor to accuse Tian Jiu of two crimes, and that Tian Jiu should be held criminally responsible for one crime of intentional homicide.

As soon as these words were uttered, the judges sat there and listened carefully, while the public prosecutor frowned. At first glance, it sounded somewhat reasonable, but he always felt that something was wrong.

Then Meng Lang said that the victim in this case was at serious fault. Although the defendant had a dispute with the victim before that, the defendant had no intention of harming the victim. Moreover, the investigative agency did not find out whether the victim touched porcelain at the time, so the victim Running to the public transportation road, and it was still a busy traffic light intersection, blocking the defendant's vehicle from leaving, lying on the ground to affect the traffic, his behavior stimulated the defendant, caused him to lose his mind, and crashed into the defendant. It can be said that if there is no The victim's illegal behavior, the defendant could not have the intention to kill. At that time, there were many vehicles parked at the intersection, and the victim did not leave for a long time, which seriously affected the traffic. Undoubtedly, China must bear greater responsibility.

(End of this chapter)