74 riddles
The next day, Guan Huang rushed to Jinjian, and lawyer Dong was sorting out the file.
Originally, it was an assistant's job, but as a new lawyer, he naturally didn't have any assistants, he was alone, and he did everything himself.
"Here we are."
"Hmm,"
"This is their file, basically all the same, drunk driving, no aggravating or mitigating circumstances, the highest is 130mg/ml, according to the opinion of the public prosecution, all of them should be prosecuted to the court."
Guan Huang: "Have you communicated with them?" ”
Lawyer Dong: "When I was copying the file, I met and had a brief exchange of opinions. ”
Guan Huang didn't speak again, and began to flip through the file, first to determine whether it was all ethanol disinfectant, and then put his mind at ease.
Since it is a designated hospital, it is naturally a brand of disinfectant.
Guan Huang shouted again and looked at everyone's case, and there were basically no surprises.
"Lao Dong, I've worked hard for you these days."
"What's that, it doesn't take much of a deal."
Guan Huang knew in his heart that Lao Dong had no trouble doing it, not to mention anything else, more than a dozen people were distributed in five organs, and copying the files back and forth was a troublesome matter.
"Lao Dong, will you come and take a look here?"
Lawyer Dong looked at the blood alcohol content of 125 milliliters per milliliter of the identification results, looked left and right, and found no clues, and did not know what Guan Huang meant.
"Here", Guan Huang pointed to somewhere in the file.
Lawyer Dong saw a line of words that read, "Blood samples were taken after disinfection with iodine detergent."
Blinked and looked at Guan Huang, what's wrong?
Guan Huang directly solved the mystery, "The blood sample is contaminated. ”
"What?"
"The blood samples of the parties are contaminated, and the appraisal opinion cannot be used as the basis for the verdict, so it may be illegally excluded."
When Lawyer Dong heard this, he was a little dizzy and his brain was confused, "Wait, you asked me to sort it out, that is, the client was sent to the hospital to have his blood drawn, and the blood sample was contaminated with iodine detergent, which cannot be used as the basis for the verdict?" ”
"That's right."
"Just kidding, rub the skin with an alcohol cotton ball, such a tiny amount of contact can contaminate the blood?"
Guan Huang: "There are laws and regulations. ”
Lawyer Dong: "What are the regulations?" ”
"The relevant provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" formulated by the General Administration of Quality Supervision, Inspection and Quarantine and the National Standards Committee should not use alcohols to disinfect the skin, resulting in blood contamination."
"Damn, there's this rule."
Lawyer Dong was blinded, "When was it stipulated?" ”
"Announced and implemented in July 2011."
If there is time and name, it means that it was not made up by Guan Huang himself, and it is indeed true.
Guan Huang: "The blood sample extraction procedure on which the appraisal opinion is based seriously violates the provisions and cannot be corrected, and according to Article 7 of the Provisions on the Exclusion of Illegal Evidence, it should be excluded in accordance with the law, so that the whole case cannot go on." ”
Lawyer Dong excitedly paced back and forth in the room, muttering to himself, "I see, I see, I said, who dares to venture the world to meddle in the case at this time, it turns out that the evidence flaws have been discovered, by the way, how did you find this?" ”
Guan Huang naturally couldn't tell the truth, just like the cat and the tiger, "I accidentally saw this regulation, so I studied it, you know, if the regulations don't allow anything or something, someone must have done it." ”
"My old Dong is completely convinced, you are definitely born to eat this bowl of rice."
"It's just luck."
Lawyer Dong Zhengse, "Luck is also a kind of strength, why others didn't find out, it's not because they don't have your patience and meticulousness." ”
Guan Huang took a look at the other party and didn't find any dissatisfaction, so he put his mind at ease, he relied on Lao Dong's agency qualifications in this batch of cases and earned more than one million lawyers' fees.
After changing a person until the truth, there may be various emotions revealed, and seeing that Dong is not, it means that this person is still trustworthy.
"Lao Dong, there is not much time left, you quickly write the lawyer's opinion and hand it to the public prosecution, so as not to be prosecuted to the court."
Lawyer Dong was very excited: "Don't worry, leave this matter to me, and I will ensure that it is handled properly." ”
"Hmm."
"I want to see the prosecutor's face right away, it's so cool."
Guan Huang looked at Lao Dong's eagerness to try, and he could also understand the other party's mood, after all, domestic lawyers were in a weak position in the entire litigation process, and they would inevitably be discriminated against or something, and they were a little resentful in their hearts.
It's absolutely rare to have the opportunity to show your face.
Speaking of which, the environment is much better now, in the early years, the staff of the court scolded the lawyer, which was commonplace.
What lawyer hasn't been treated coldly?
Guan Huang: "There is still a little time, do you see if there are similar cases around you?" You can try it yourself. ”
When Lawyer Dong heard this, he was very moved, and he was a little embarrassed when he heard it, "This is ......"
Guan Huang patted him on the shoulder, "Although this situation will be reported soon and investigated in the whole city, it may take a lot of time to spread to other provinces and cities, and if you represent the case of the parties, it will be considered a good thing." ”
Even if this loophole is discovered, it will not be possible to do it in a year and a half when the whole country is completely plugged, and by that time, how many defendants have already served their sentences, after all, the sentence for drunk driving is very short, and the longest is not more than six months.
Guan Huang remembers that in his previous life, the judgment documents were made public throughout the country, and some places were still disinfecting with iodine detergent, which could not be solved by an administrative order.
Lawyer Dong rubbed his hands and shook his fists, obviously thinking of the huge market, "How can this be embarrassing?" ”
"You just have to do it, I don't have a lawyer's license, and I can't represent the case, you run more."
Lawyer Dong: "Okay, I'll finish writing these dozen lawyers' opinions tonight and send them to the public prosecution tomorrow." ”
Guan Huang nodded, Lao Dong is still reliable, although he knows this loophole, he still wants to finish the work in hand first, and he is not a person who sees money.
Guan Huang: "There are some other points, you can pay attention to them, the law stipulates that blood samples must be kept at low temperatures, and I see that many files do not comply with them, and there is a possibility that the blood may be oxidized, fermented or contaminated......"
Lawyer Dong heard that he recorded all the relevant points, and these things were useless when taken out alone, but with ethanol disinfectant, greater reasonable suspicion could be formed.
"Thank you this time."
Guan Huang: "Lao Dong, look at what you said, so polite, it should be me thank you." ”
Lao Dong shook his head and stopped talking.
Just keep the kindness in your heart, and you don't have to talk about it all the time.
You must know that in these cases, Guan Huang only got some money, but he got famous.
What is most important for a lawyer? Naturally, it's famous, it's famous, but isn't the case rolling in?