Before Chen Yang left, he originally planned to tell Xiao Han that he did not need to admit guilt for things he had not done, and that the police, as one of the national law enforcement agencies, adhered to the principle of "fairness, justice and openness", and would not affect the impartiality of law enforcement because of the subjective emotion of a police officer's bad personal perception of the suspect. Pen × fun × Pavilion www. ｂｉｑｕｇｅ。 ｉｎｆｏ

But it is precisely because of his belief in the fairness of the police that Chen Yang feels that it is not suitable to let Xiao Han retract his confession now. He believed that since the police had prosecuted the traffic hit-and-run offence, they must have had sufficient evidence. It's just that why Xiao Han himself didn't admit it?

According to Article 133 of Chapter 2 of Part II of the Criminal Law of the People's Republic of China, the definition of "traffic accident and dangerous driving crime" is: Whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;

At the same time, Article 133-1 of the Criminal Law is amended in Amendment (9) to the Criminal Law: "In any of the following circumstances, a person who drives a motor vehicle on a road shall be sentenced to short-term detention and a concurrent fine:

(1) Chasing and racing, where the circumstances are heinous;

(2) Driving a motor vehicle while intoxicated;

(C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

(4) Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. ”

Although Xiao Han hit and injured Wang Yiyuan, the circumstances were relatively minor and did not meet the sentencing conditions for "traffic accidents" or "dangerous driving".

Xiao Han may not understand the law, so he admitted the crime by himself because of his weak heart. But the police, as law enforcement agencies, cannot be unaware of the provisions of the law. For Xiao Han's traffic hit-and-run, at most, it violates the "Road Traffic Safety Law of the People's Republic of China" and the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China", and the traffic department can deal with it directly and hand it over to the victim to file a civil lawsuit.

However, the fact is that the police have not changed the previous determination that Wang Yiyuan was hit and still found it to be a "traffic accident", so why did the police prosecute Xiao Han for the crime of "causing a traffic accident"? Moreover, instead of notifying the victim to file a civil lawsuit, it was handed over to the procuratorate to intend to initiate a public prosecution.

Chen Yang was full of questions, and the more he thought about it, the more strange he felt. It is strange that the prosecution project proposed by the police, and also the behavior of Xiao Han towards the charged crimes, and the most strange thing is Xiao Han's attitude towards seeing Wang Yiyuan's photo.

After handing over the power of attorney and other materials signed with Xiao Han back to the lawyer he was affiliated with, Chen Yang sat in a small noodle restaurant, eating small noodles as lunch, while thinking. I wanted to take out the phone and ask Hu Hao several times, but in the end I held back.

"Just kidding, I'm a barrister, can't I even figure out this little thing and ask that dead mouse?" Chen Yang thought.

When he went to the procuratorate in the afternoon to apply for access to the relevant evidence submitted by the police, Chen Yang was told that the suspect's relevant prosecution materials were being sorted out and could only be provided for inspection in two days at the earliest.

Chen Yang is holding back his strength now, how can he wait for two days? But the procuratorate has its own procedures and procedures, and this road will definitely not work today. So Chen Yang thought about it for less than two seconds, and decided to contact his former classmates and go through the back door.

Chen Yang contacted a classmate from his former college students, whose name was Mu Ka. The two were in the same bedroom at the time, and their relationship has always been good.

Mu Ka was admitted to the civil service just after graduating from university, starting as a small police officer, and was promoted step by step, and now he has become the deputy chief of the archives department of the Municipal Public Security Bureau, and he is also a national cadre.

"Old classmate, I'm Chen Yang, do me a favor. Chen Yang was not polite to Mu Ka, and as soon as he opened his mouth, he directly asked for help.

"Yoko, what are you still polite to me? Say, as long as it's not illegal, I'll do it if you open your mouth. "Muka is also very upright.

"How many times have I told you, don't call me 'Yoko', I feel like the heroine of an island action romance movie. ”

"You're so dirty, what the hell do you want me to help with? Not to mention I'm hanging up the phone, I'm busy. ”

"Don't, your brother I'm anxious like an ant on a hot pot now, if you don't help me, I guess I won't be able to sleep well in the past few days." ”

"If you have something to say, you can say it quickly, and if you have a fart, let it go. You all say you're in a hurry, and there's so much nonsense. ”

"Well, it's important to get down to business. Didn't your public security bureau arrest the suspect in the shopping mall robbery case a few days ago? I have now accepted the commission of one of the suspects as his defense lawyer. ”

"I know you've taken the lawyer's license, but you didn't expect it to be?

"No, it's just that there are some questions that need to be asked by the suspect, and it's just more convenient to be a defense lawyer. ”

"Then what are you asking me to help me with? I'm just in the archives, and you didn't contact my department when you accepted the commission. ”

"Of course I knew you were looking for you in the archives. You should still have a record of the investigation of the suspect in the past, right? ”

"The relevant investigation records and collected evidence materials have been submitted to the procuratorate, and we do have the file here, but you, as the suspect's defense lawyer, could have applied to the procuratorate for inspection, so there is no need to come to me. "Muka didn't understand.

"I went, but the procuratorate just received the information you submitted, and it is still being sorted out, telling me that it will take at least two days to access it as a lawyer, but I can't wait, I have to look for you. ”

Mu Ka thought about it for a moment and replied: "Okay, your original identity is the suspect's defense lawyer, and you have the right to consult the litigation documents, technical appraisal materials, etc. of the case you are entrusted, even if you excerpt and copy."

Although this should be applied to the procuratorate, since you are in a hurry, it is not illegal for me to give you a copy of the file first. Well, I'll tidy it up a little and give it to you after work. ”

"It's still an old classmate, I depend on your help for the quality of sleep in the next few days. I'll wait for you to get off work and invite you to dinner, and the Kowloon Hotel will be seen or gone. ”

"Alright, don't be poor. I'll get busy first, and I'll get in touch after work. After Mu Ka finished speaking, he hung up the phone and went to get busy.

After checking the case file in advance, Chen Yang finally breathed a sigh of relief. After making a phone call to make a reservation with Jiulong Restaurant, Chen Yang decided to go home first, sort out the content of today's conversation with Xiao Han into words, and then carefully scrutinize it to see if there is any problem that he has missed.