Lawyer's character

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

“In response to the defender’s speech, the prosecutor made the following comments:

First of all, although the evidence in the case cannot directly prove that the victim was still alive when the defendant abandoned him, there is also no direct evidence to prove that the victim is dead. According to the opinions of experts, there is a possibility that the victim is alive.

Secondly, in this case, the defendant had sufficient time and conditions to report the crime after a traffic accident occurred, but he still deliberately concealed himself until he was caught and brought to justice.

The defendant's behavior was fully consistent with the characteristics of a traffic hit and run. The defender's defense view that the defendant did not flee after a traffic accident ignored the change in the defendant's subjective purpose, and mistakenly understood and limited the continuous time process of "after a traffic accident" to "at the time and on the spot of the traffic accident." ', a period of time when he was running away to avoid legal prosecution.

Obviously, the purpose of determining whether the defendant is evading legal prosecution can only be determined based on how he ultimately disposes of the victim, and cannot be determined based on the purpose of his behavior when he took the victim away from the scene of the accident.

Therefore, we believe that the defendant's escape after a traffic accident and abandonment of the defendant constituted the crime of transformational intentional homicide. Finished," the prosecutor said confidently.

The purpose of the prosecutor is very simple. Although there may be some insufficient evidence in converting the crime of traffic accident into the crime of intentional homicide (it mainly depends on how the judge interprets it, I will not take the blame), but it is impossible for the defendant to get away with the hit-and-run incident. , even if the defender can get rid of the crime of intentional homicide, the situation of hit and run, which aggravates the punishment, must be held firmly.

…

When Fang Yi walked out of the court door, Du Wending's wife Wu Qianwen came over.

"Lawyer Fang, how do you think my husband's case will be judged?" Wu Qianwen asked with concerned eyes.

“Judging from the results of the trial, neither side can produce direct evidence to prove whether the victim was dead or alive when he was abandoned. However, from the perspective of the burden of proof, it is more difficult for the procuratorate to encounter this situation.

However, from the perspective of traffic accident crimes, the court may determine that your husband committed a hit-and-run. You can go back and wait for notification. The court did not pronounce the verdict in court, which means that the collegial panel did not reach an agreement on certain issues. "Fang Yi explained.

"Okay." Wu Qianwen listened to the whole trial and was quite satisfied with Fang Yi's defense: "By the way, Lawyer Fang, I have given the money to the victim's family, and the letter of understanding written by the family has been mailed to the judge. , Will the court punish our Lao Du lightly?" Wu Qianwen asked with a worried look on her face.

This time something happened to Du Wending, and the Du family spent a lot of money, so Wu Qianwen wanted to confirm again.

"Well, the court will consider the defendant's compensation and the victim's family's understanding when sentencing. The court will give a lighter punishment." Fang Yi comforted.

On the way back to the law firm, Yun Qiao drove the car and asked: "Master, you clearly know that the court will most likely not accept your opinion that the defendant did not commit a traffic accident and escaped, so why do you still say that.

You see, the people in the procuratorate are so arrogant. They finally caught our flaws and slapped us. I dare say that if we admit that the defendant fled after a traffic accident, the prosecutor will have fewer words to respond and it will be over in less than half a minute. "

"This is what happened, and you understood it correctly, but before the trial, Wu Qianwen wanted to try to get rid of the hit-and-run plot. I told her that there was little hope, but she still insisted that we do it. . So..." Fang Yi glanced at Yun Qiao with a wry smile, which means: You should understand.

"Hey! It's hard to do anything, and it's all in vain! It seems that lawyers are not easy to do!" Yun Qiao sighed.

A week later, the county court notified Fang Yi to collect Du Wen's criminal verdict. The judge was going to pronounce the verdict in court, so the lawyer had to be present. It happened that Yun Qiao went back to school to collect her diploma and degree certificate, and Fang Yi drove to the county court alone.

After coming out of the county court, Fang Yi called Wu Qianwen and told her that Du Wending's sentence had been handed down. Fang Yi thought that since he was in the county anyway, it would be better to send the criminal verdict directly to Wu Qianwen, which would save her the hassle of running back and forth. So after making the call, Fang Yi went to Du Wending's company.

Du Wending's transportation company was on the edge of the county town. When Fang Yi arrived, Wu Qianwen was waiting for him at the door of the company. Wu Qianwen's face didn't look good. She was obviously a little anxious during this period and didn't sleep well.

"Ms. Wu, this is Mr. Du's criminal verdict." After entering the company's office, Fang Yi handed the verdict to her: "The court did not adopt the opinion of the procuratorate and determined that your husband Du Wending did not commit intentional homicide.

At the same time, we did not adopt our argument that your husband did not constitute a hit-and-run incident, and ultimately sentenced your husband to four years in prison. "

After hearing the case, the county court held that the defendant Du Wending violated traffic and transportation management regulations, drove under the influence of alcohol, and caused a major traffic accident that killed one person. He was fully responsible for the accident. His behavior constituted the crime of traffic accident, and he should be punished for his hit-and-run. .

On the way to the county hospital for rescue, the defendant abandoned the victim in a subjective state where he believed the victim was dead.

The existing evidence in this case cannot prove that the victim did not die before being abandoned, nor can it prove that the victim's death was caused by being abandoned and unable to receive rescue. Therefore, his behavior does not comply with Article 6 of the "Interpretation" regarding the conversion of a traffic accident into intentional homicide. condition.

In line with the principle of lightness of suspicion, Du Wending can only be convicted and punished for the crime of traffic accident. Although Du Wending was able to proactively send the victim to the hospital for treatment before, when he thought the victim was dead, he abandoned the victim and ran away in order to avoid legal prosecution, which was consistent with the characteristics of a traffic hit-and-run.

In view of the fact that Du Wending had a good attitude of pleading guilty after being brought to justice, and his relatives have compensated all the economic losses of the victim's relatives and obtained the understanding of the victim's relatives, he can be given a lighter punishment as appropriate.

The court finally ruled that the defendant Du Wen was guilty of traffic accident and sentenced to four years in prison.

Seeing Wu Qianwen's delay in expressing her position, Fang Yi asked: "Looking at the verdict... Do you want to appeal?"

"No, this result is pretty good." After the court hearing, Wu Qianwen checked the verdicts of similar cases online. In comparison, her husband's verdict was light, and she didn't want to bother anymore.

"Hey! People always have to be responsible for their own actions. Four years! I can accept it. I am willing to wait for him for four years and treat him as if he is on vacation." After seeing the verdict, her tense nerves could finally relax. Yes, life must go on.

Good guy! Did anyone go on vacation in prison? !