Chapter 411: Have a fart and let it go
Fang Yi was stunned for a moment, and said in his heart: Old guy, you can be damaged, what do you think about applying the provisions of the "Contract Law" to criminal cases. The legislative intent of these two laws is different, how can you copy it, as a law professor, you have been engaged in law all your life, you shouldn't not understand this truth, isn't this digging a hole for me? It is true that my Ph.D. in criminal law was bought with money, and my supervisor was a leading figure in criminal law in China, so I did not participate in many seminars on such cases back then.
It's all a thousand-year-old fox, what are you talking to me about?
"Professor Feng, according to your statement, the victim has the obligation to cooperate with the doctor in the treatment, and if the victim does not cooperate with the treatment, the consequences cannot be fully attributed to the victim, Ms. Liu, who should only be responsible for the part that cannot be recovered through medical treatment and the expenses incurred in the medical process. Is that so? Fang Yi glanced at the name tag in front of the old professor, and then asked with a smile.
The old professor smiled and said, "I'm just throwing bricks and stones, broadening my thinking, and let's discuss together." ”
Fang Yi sneered in his heart, the old guy is cunning enough, left and right!
"I believe that if it were not for Ms. Liu's harmful behavior, the victim would not have needed medical treatment at all, let alone the obligation to do so. The logic that the perpetrator imposes obligations on others is inherently problematic.
The Contract Law is based on the principles of good faith, good faith and mutual benefit, and most criminal acts are malicious, self-interested and unilateral.
The victim's obligation to treat is neither statutory nor agreed, and the provisions of the Contract Law on the non-breaching party cannot be applied to criminal cases.
Therefore, I personally believe that the victim's failure to provide medical treatment and self-help after being injured does not constitute the victim's fault. Ms. Liu, the victim of the injury, cannot be relieved of liability for the expanded injury. The safest defense in this case is the lightest defense, and there is no way to make a not-guilty defense. ”
Fang Yi pondered, anyway, there are so many well-known lawyers on the scene, the case will definitely not be his turn, as for what the old professor thinks, he doesn't care even more, an old guy who has been practicing in the ivory tower all day long, what can he do, let him go. He was in a relaxed mood and spoke objectively.
"I agree with Lawyer Fang." The female lawyer who had spoken earlier immediately agreed.
……
After some discussion, the seminar finally formed three opinions, the first opinion, Ms. Liu is not guilty; The second opinion, doubtful and uncertain, is actually riding on the wall; In the third opinion, Ms. Liu constituted a crime and recommended a minor defense.
After the seminar was dispersed, everyone took the money and left, and Fang Yi also received a big red envelope and a set of JDZ tea set gift bags.
After the seminar, there were three secretaries left in the conference hall.
"Lao Wu, the meeting has also been held, and the money has been spent, what should I do next? Really choose from these people? Assistant Zheng held a cigarette and looked at Secretary Wu.
"Xiao Zhou, what do you mean?" Secretary Wu squinted at his assistant on the side.
Assistant Zhou has a flexible mind, graduated from a prestigious school, and is Secretary Wu's think tank, but he is too greedy for money and wants to make a lot of money opportunistically, and he belongs to the same kind of person as Secretary Wu.
"I have a suggestion...... Assistant Zhou finished speaking, looking at Zheng and Wu.
"If you have a fart, let it go, it's all your own people who sell it, and we're not those stinky old nine experts." Secretary Wu kicked him and said.
"Okay, then I'll say laha.
I was recording a seminar just now. After I went back, I found someone to sort out the opinions of the lawyer and the professor, and then took these opinions, found two young lawyers, and told them that there was a case to entrust, and let them defend according to the opinions we gave, wouldn't that be fine? Assistant Zhou said.
"Well, it's a good idea to get a small lawyer to save a lot of money. But at present, there are three opinions, which one do we use? Secretary Wu looked at Assistant Zheng, he was the person in charge, and of course Assistant Zheng had to make the decision on such a major matter.
"Needless to say, of course the one that is beneficial to us will use that." Assistant Zheng didn't think about it, and said directly.
"Okay, just according to what Assistant Zheng said. Xiao Zhou, you start to prepare. And Xiao Liu's parents, you have to settle down, contact the lawyer, and take them to do the entrustment procedures. Secretary Wu said.
"Okay, don't worry, you will do it." Assistant Zhou patted his chest and said.
He had already thought about it, and it was absolutely no problem to go back and throw the audio and video recordings to his two high school classmates who were lawyers, and each of them would pay 10,000 yuan in legal fees, and he could get back 20% of the kickback.
He knows the situation of the two classmates, they have just practiced for more than three years, they are running around to find the source of the case, they can't make a few dollars all year round, they are in a state of semi-starvation, and they have invited Assistant Zhou to eat a few times before in order to find a case.
To put it in my heart, Assistant Zhou looked down on them as one hundred and twenty, but they had to deal with it when they invited them to dinner, so he casually promised to help them introduce the case if he had the opportunity in the future, but he didn't expect the opportunity to really come.
On this day, Fang Yi received a criminal case from the business group, which was a case of intentional injury causing death. In the afternoon of the next day, after interviewing the families of the parties, Fang Yi began to make appointments with the detention center and the court to prepare for the meeting and reading the case file.
Two days later, in the early morning, in the detention center, a beautiful woman sat opposite Fang Yi, at this time the woman's face was haggard, her eyes were tearful, and she kept sobbing, and began to tell her story.
Her name is Chen Qingqing, she sells clothes in a shopping mall in the city, she is not only beautiful, but also has a good figure. As soon as a girl is beautiful, there are many suitors, just like a blooming flower that attracts many bees. There are always suitors around, she can't help but be a little arrogant, picking and picking, seven or eight years have passed, most of the suitors of the year got married and had children, but she is still single, and she can't help but feel a little lost.
Later, she met a handsome middle-aged man, named Xu Wannian, who often came to the mall to buy clothes.
Later, the two often made porridge on the phone, and Xu Wannian often invited her to dinner, making it clear that he wanted to pursue her. Chen Qingqing knew this, she wanted to pull it off, but she was afraid that she would pull the other party away, she was no longer young, and in a few years, where would Lao Zhuhuang find such a handsome guy in front of her.
In this way, Chen Qingqing gave up the goal of finding a rich and handsome man, and planned to have a good relationship with the handsome guy in front of him, and the two lived together not long after dating. But within a few months, Chen Qingqing discovered a new problem, Xu Wannian had a family, the children were in kindergarten, his daughter-in-law and children were in other provinces, and he was lonely and unbearable.
(End of chapter)