Chapter 173: An Indelible Stain
Ouyang Jie was quickly arrested, and the case was transferred to the procuratorate, which filed a public prosecution with the district court for the crime of causing a traffic accident.
Because Ouyang Jie has been hospitalized because of his serious injuries, he has even been released on bail pending trial this time. In view of the fact that Ouyang Jie had been hospitalized in the hospital and was unable to appear in court for trial, the court suspended the case.
"Mr. Ouyang, how is Ouyang Jie's girlfriend Zhu Lin doing now?" Fang Yi asked.
"What kind of girlfriend, it's all children playing around, and that girl is a classmate with Xiaojie. Strange to say, on the day of the incident, she just scratched some skin and went to the hospital to rub some medicine, and then the police left after questioning. And my little guy almost ended up in the intensive care unit.
Lawyer Fang, my Xiaojie is almost recovered now, and he is ready to be discharged from the hospital, and the court also notified us some time ago, and the trial will be held in a week.
Do you think my Xiaojie's case is enough to become a traffic accident? The child is still young, and if it constitutes a crime, it will be a lifetime thing. Ouyang always worried.
Parents all over the world don't want their children to be sentenced to a stain that can never be removed before they have even stepped into society.
"Judging from the information you introduced, I personally think that it is not enough to be guilty of a traffic accident." Fang Yi thought about it.
"What is the rationale? The Public Prosecutor's Office has already prosecuted them for traffic offences, and we need credible reasons to refute them. Mr. Ouyang stared at Fang Yi and asked.
"The reason why I say that your son Ouyang Jie's behavior does not constitute the crime of causing a traffic accident is because legally speaking, a crime is an infringement of the legal interests of others, and under normal circumstances, self-harm does not constitute a crime (except for the punishment of the right to life, of course), unless such self-harm endangers the state and public safety.
Just now I asked you about the situation of Zhu Lin, who was with Ouyang Jie, and this is the point you considered. If Zhu Lin was only slightly injured and Ouyang Jie was seriously injured due to a traffic accident, this situation is exactly in line with what I just said, and it does not constitute the crime of causing a traffic accident.
However, it cannot be ruled out that during the trial, the procuratorate will change the indictment and accuse Ouyang Jie of dangerous driving. Fang Yi explained.
"If the procuratorate really changes the indictment, will my son be guilty of a crime and sentenced?" Mr. Ouyang asked.
"It is really possible to constitute the crime of dangerous driving, but whether it will be sentenced or not, it is difficult to say. Because Ouyang Jie is seriously injured, he can fight for it. Ideally, the court will waive your son of criminal penalties even though the offence has been committed. Fang Yi said.
In other words, my son's sins cannot be erased. Lawyer Fang, is there any other way? Ouyang always showed an expectant look in his eyes and said.
"This ...... It's hard, I'm afraid. Fang Yi hesitated.
"To tell you the truth, I have consulted several lawyers before, and their opinions are similar to what you said, but they have not mentioned the change of the prosecution by the procuratorate.
If the procuratorate does not change the indictment, will my son's case be handled as not guilty? Ouyang Zongdao.
After listening to Mr. Ouyang's words, Fang Yi secretly said in his heart: There are two reasons why other lawyers don't say that there is a high probability, one is that these lawyers are not professional enough, and they don't think so much; The second is because they are afraid that after you hear that your son has committed a crime, you will not entrust them, or you will not be willing to spend a lot of money to hire a lawyer.
Fang Yi dared to say that it was out of the professionalism of a practicing lawyer, and since people asked, he had to disclose all the risks of the case, so as not to accuse the lawyer of being unprofessional at that time.
"According to Article 176, Item 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the < Criminal Procedure Law of the People's Republic of China, 'where the facts alleged in the indictment are clear, the evidence is credible and sufficient, and the charges are inconsistent with the charges determined by the people's court at trial, a guilty verdict shall be rendered'.
It can be seen from this that when the charges are inconsistent with the charges determined by the court at trial, the people's court may change the charges charged by the people's procuratorate and convict the defendant on the basis of the charges determined at trial.
So, the situation you're talking about is unlikely. Fang Yi thought for a while.
"Well, I see. If I entrust you to defend my son, can you save my son from jail? ”
Ouyang finally understood that even if the crime prosecuted by the procuratorate is not established, the court may convict and sentence him according to the new crime, and the stain on his son cannot be erased.
But fortunately, he didn't expect his son to study in college and become a civil servant like everyone else (mainly because his son's studies were too bad), and in the future, he would have the cheekiness to talk to Zhou Defa, so that Mr. Zhou could arrange an errand for his son for the sake of his face before and after the saddle.
Now Mr. Ouyang's biggest concern is whether his son will be in prison and how long he will squat.
Fang Yi did not immediately reply to Mr. Ouyang, but took a sip of tea from his teacup, and brewed the following rhetoric: "If you entrust me to defend your son, I will do my best to knock out the traffic accident charged by the procuratorate, and then strive for the greatest interests for Ouyang Jie."
As a lawyer, I don't dare to promise you anything, but I will do my best. Fang Yi said.
"Well, let me ask you one more question, do you have a connection in the district court?" Mr. Ouyang asked.
Because Mr. Ouyang's relationship is not in the city, but in other provinces, since his son's accident, he has been entrusted like a headless fly, invited people to eat an unknown number of meals, and was deceived hundreds of thousands, and in the end, he had no choice but to ask the boss Zhou Defa for help.
It's a pity that Zhou Defa moved his headquarters to the capital in his early years, and the leaders in the city changed several times, and he couldn't find heavyweights to help him for a while.
There are a few related leaders of Defa Construction, but because Mr. Ouyang is about to retire and has no use value, everyone fought with him in the early years, leaving a lot of grievances, so everyone pretended to be deaf and dumb and did not stretch their heads.
When I met Fang Yi today, I felt that Fang Yi was quite reliable, Ouyang always wanted to try to see if Fang Yi had anything to do with it. But Fang Yi is not much stronger than him, so it doesn't matter.
"Mr. Ouyang, I advise you not to think so, maybe you have also found a relationship before, and now there are more people on the market who talk big and don't do anything, if someone tells you that he has a relationship, don't believe it.
This is a public prosecution case, and unless you can find a hard relationship that can handle both the procuratorate and the court, you might as well hire a good lawyer for your son. Fang Yi did not directly reply to Mr. Ouyang whether he had a relationship, but persuaded Mr. Ouyang to hire a lawyer with strong professional ability.
Obedient and listening, after Fang Yi finished speaking, Mr. Ouyang immediately understood.
"Okay, Lawyer Fang, is your law firm in the capital?" Zhou Shen practiced in the capital, Fang Yi was introduced by him, and Premier Ouyang naturally thought that Fang Yi was also practicing in the capital.
(End of chapter)