Chapter 181: A Sense of Accomplishment
Ouyang was always afraid that his son would be arrested by the police after he was discharged from the hospital, so he arranged for his son to have been undergoing rehabilitation training in the People's Hospital, but in fact, he was hiding in the high-level cadre ward and waiting for trial.
A few days ago, Fang Yi met with him in the hospital, and the court reopened to formulate a defense plan, although Ouyang Jie did not want to admit the crime of dangerous driving, but facts speak louder than words, this time even Lawyer Fang suggested that he plead guilty, and finally Ouyang Jie compromised.
"Whether the prosecutor needs to interrogate the defendant about the facts of the crime alleged in the indictment." The fat judge asked.
"No need to ask." High Inspector said.
"Does the defendant's advocate need to ask questions of the defendant?" The fat judge looked at Fang Yi and said.
"No, I don't." Fang Yi said.
……
"Prosecutor, has there been any change in the evidence previously submitted?" The fat judge asked.
"No change." High Inspector said.
"What objections does the defendant have to the evidence?" The fat judge asked.
"No objections." Ouyang Jie said.
"What do the defendants' defenders have to say about the evidence?" The fat judge asked.
"No comment." Fang Yi said.
This time it was just a procedure, and the evidence submitted by the prosecutor had already been confirmed in the last trial, and the judge was just reconfirming.
"Does the defendant's defender have any evidence that needs to be submitted?" The judge asked.
"There is no evidence." Fang Yi said.
"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. The prosecutor and the defender are invited to debate the facts in dispute and how to apply the law.
The Public Prosecutor is invited to make a statement. The judge said.
"Okay, the defendant Ouyang Jie's act of driving a motor vehicle while intoxicated on the road without obtaining a motorcycle driver's license has met the constitutive elements of the crime of dangerous driving, and should be punished in accordance with law.
According to the provisions of Article 2, Paragraph 1 of the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated" issued by the Supreme Court, the Supreme Procuratorate and the Ministry of Public Security (the document was issued in December 2013 and is borrowed here in advance), drunk driving that causes a traffic accident and bears full or primary responsibility for the accident shall be punished heavily.
Ouyang Jie drove a two-wheeled motorcycle while drunk, carried others and caused a traffic accident that caused serious injuries to himself, and the principle of heavier punishment should be applied to the minor injuries of others.
The debate was concluded. Inspector Gao said.
"The defendant expressed his defense." The fat judge looked at Ouyang Jie.
"I plead guilty. I hope the court will give me a chance. Ouyang Jie bit his lower lip, raised his head and said. His voice trembled a little.
"The defender gives his opinion." The fat judge continued.
"Honorable presiding judge and judges of the collegial panel, I am entrusted by Ouyang Jie, the defendant in this case, to serve as his defender. The defence is now as follows:
In our opinion, although Ouyang Jie caused a traffic accident by driving a motorcycle without a license and while drunk, given that Ouyang Jie had just reached adulthood and was seriously injured due to his drunk driving behavior, which had already placed a heavy burden on his family, it would be contrary to the spirit of humanity and humility in criminal punishment if he was to impose a harsh punishment.
In addition, Ouyang Jie's blood alcohol content is 104.5 mg/100 ml, which is only a little higher than the standard blood alcohol content of 80 mg/100ml for drunk driving. Defendant Ouyang Jie truthfully confessed his crime after arriving at the case, and the defender recommended that he be exempted from criminal punishment. The court is invited to adopt the counsel's opinion.
The defence opinion has been published. Fang Yi said.
"Is there anything else to be debated on either side?" The judge asked expressionlessly.
"Nope." Both sides replied.
"Now that the courtroom debate has ended, according to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement, and the defendant Ouyang Jie is now up to you to make a final statement to the court." The fat judge said coldly.
"I plead guilty and ask the court to give me a chance, I will definitely change my past mistakes, study the traffic law carefully, and never drive on the road without a driver's license......" Ouyang Jie babbled for more than ten minutes, and then turned over and over those few sentences, and the fat judge ruthlessly interrupted his speech.
……
"After a public hearing, a court investigation and court debate, and hearing the prosecutor's allegations, the defendant's opinions, the defendant's justifications and statements, and the defender's defense opinions, the court trial was concluded.
The court will now be adjourned for 10 minutes, and the verdict will be pronounced at a later date to bring the defendant out of the courtroom. After the fat judge finished speaking, he rang the gavel.
Mr. Ouyang, who was sitting below, cast an inquiring look at Fang Yi, Fang Yi nodded slightly, signaling him to wait.
Ten minutes later, the clerk asked all those present at the trial to stand, and Judge Fat read out the verdict: "...... Ouyang Jie did not obtain a motor vehicle driver's license, drove a motor vehicle while drunk and had a traffic accident, and his behavior constituted the crime of dangerous driving.
In view of the fact that Ouyang Jie was able to truthfully confess his crime after being brought to trial, and his blood alcohol content was low, and the circumstances were minor, he could be exempted from criminal punishment.
In accordance with the provisions of Article 133-1, Paragraph 1, Article 67, Paragraph 3, and Article 37 of the Criminal Law, this court ruled that Ouyang Jie constituted the crime of dangerous driving and was exempted from criminal punishment. The judgment will be served by the court within five days. ”
When he heard the word "free", Fang Yi's hanging heart could finally let go, which was already the best result he had expected.
If Fang Yi is not the defender in this case, from the perspective of a legal practitioner, he feels that it is more appropriate for the court to impose a suspended sentence in this case. But he is a lawyer, and he is a defender, and he can only work in the direction of maximizing the interests of his clients, because this is his duty.
After the verdict was announced, Mr. Ouyang asked the nurse to push Ouyang Jie, who was in a wheelchair, out of the courtroom, and then he walked over and held Fang Yi's hand tightly, his eyes were full of gratitude, and finally held out a sentence of "Thank you!" ”
Fang Yi smiled and nodded: "Let's go back first!" In the afternoon, Ouyang Jie still had to resume training. ”
Coming out of the court, Fang Yi sent a WeChat message to his senior brother Zhou Shen and told him the verdict. After sending WeChat, he looked up at the gray sky (the smog was still very serious), and he once again felt the sense of accomplishment brought by the criminal case.
At noon, Zhou Deguang was eating, and the text message prompt on his mobile phone sounded, which was sent by the assistant: Mr. Ouyang's son was exempted from criminal punishment!
Fang Yi felt a little tired, but he was in a good mood, got off the bus, and ordered a bowl of knife-cut noodles at the roadside noodle restaurant next to the long-distance station, and put more spicy noodles. It's hot, the noodle shop is air-conditioned, the house is full of diners, and the smell of knife-cut noodles wafts through the air and smells enticing.
Just as he was eating noodles with a slurp, the phone rang, and it was Sister Lan calling.
(End of chapter)