"The defendant's defender may question witnesses." The presiding judge said.

"Professor Liu, if the victim has heart disease, or if the anterior part of the spleen is deeply injured after being hit, involving the hilum of the spleen, and the large blood vessels are injured, will the time of death of the victim change, which is different from what you said before?" Fang Yi asked.

Professor Liu was stunned, obviously he didn't expect the defender to ask such a professional question, for a lawyer who is engaged in law, if he hadn't studied surgery and changed his career to become a lawyer halfway, I'm afraid he wouldn't have said the medical professional term "spleen".

And the other party said it so professionally, as soon as I heard this, I knew that it was not a pure legal person who could say it, and the problem hit the key point, and there was no nonsense. Unless the defender has consulted experts in relevant fields before, Professor Liu's attitude is a little more serious when he thinks of this.

"If the anterior part of the spleen is deeply damaged, involving the hilum of the spleen and causing damage to large blood vessels, or if the victim has heart disease, the injured person will die for a short time." Professor Liu thought for a moment and said.

"How long do you mean short?" Fang Yi continued to ask.

"It's less than an hour, but depending on the patient's injury, and depending on the individual, it may be shorter. You can't generalize. Professor Liu explained.

As the saying goes, the end of medicine is metaphysics, and the human body itself is a sophisticated instrument, and with the current level of medical skills, it is impossible to explore all the mysteries of the human body.

After hearing this, the presiding judge couldn't help frowning, this is too difficult, they all play Tai Chi, this is to throw the pot to me! I'm a lawyer who has to let me do my job as a doctor, it's too difficult for me!

Yun Qiao, who was sitting next to Fang Yi, couldn't help but pout secretly after listening to the expert's words: This expert is really an expert, let him say all the good and bad things, and no one will be offended.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

"Presiding Judge and Judge: The prosecutor believes that the defendant Du Wending drove a motor vehicle while drunk and had a major traffic accident. After the accident, in order to evade legal responsibility, the defendant abandoned the victim in a roadside field on the way to the county hospital, resulting in the victim's death without timely treatment.

The defendant's conduct complied with the provisions of Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", and should be punished as the crime of intentional homicide. The prosecutor recommended that the defendant Du Wending be sentenced to 10 years in prison. Complete. The inspector spoke.

……

"The defendant's defender gives his defense opinion." The presiding judge looked at Fang Yi.

"Presiding Judge and Judge: The defender believes that the defendant Du Wending constitutes the crime of causing a traffic accident and does not constitute the crime of intentional homicide. Here's why:

1. The conduct of the defendant in this case, Du Wending, does not meet the conditions for the crime of causing a traffic accident to be converted into the crime of intentional homicide.

According to Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", if the perpetrator hides or abandons the victim after a traffic accident in order to avoid legal prosecution, so that the victim cannot be rescued and dies, he shall be convicted and punished as intentional homicide in accordance with the provisions of Article 232 of the Criminal Law.

According to Article 6 of the above interpretation, a traffic accident case in which criminal liability is pursued for the crime of intentional homicide shall meet the following three conditions at the same time:

1. After a traffic accident occurs, the perpetrator takes the victim away from the scene of the accident and hides or abandons him.

This includes two actions: first, to take the victim away from the scene of the accident; Second, in order to escape legal punishment, the victim is hidden or abandoned.

2. The subjective purpose of the perpetrator in carrying out the above acts is to evade legal prosecution, and whether or not the perpetrator can succeed does not affect the conviction.

However, if the perpetrator took the victim away from the scene of the accident for the purpose of rescuing the victim or for other purposes, such as fear of retaliation from the victim's relatives, and not for the purpose of hiding or abandoning the victim, this condition is not met.

3. The perpetrator's concealment or abandonment of the victim, resulting in the victim's eventual death or serious disability.

It can be seen from this that if the victim dies before the perpetrator is taken away from the scene, or if he dies because he is not hidden or abandoned and cannot be rescued, or if the victim's injuries are serious and it is inevitable that death will occur before he is hidden or abandoned, the perpetrator cannot be punished for the crime of intentional homicide.

In this case, the evidence on record could not prove the exact time of the victim's death, and whether the consequences of his death were caused by the defendant's abandonment and inability to obtain assistance. There are three reasons for this:

First of all, in this case, whether the victim was dead or alive at the time of abandonment is one of the prerequisites for determining whether the defendant has committed intentional homicide. However, neither the evidence in the case nor the opinions of expert witnesses could confirm that the victim was not dead at the time of abandonment.

According to Du Wending's confession, on the way to the county hospital for rescue, he stopped four times to call the victim, but the victim did not respond, so he believed that the victim had died and there was no need for further treatment, so the defendant had the idea of throwing the body.

Even so, in order to confirm whether the victim was dead, Du Wending observed the scene for a while, but still did not see any reaction from the victim, so the defendant was even more convinced that the victim was indeed dead, and then left the scene.

According to the victim's behavior when he was treated by a doctor at the clinic, the conclusion of the cause of death, and the analysis of experts, the victim should have died before being abandoned.

Second, according to the evidence on record, the victim suffered a traumatic splenic rupture and left humerus fracture from the impact, but it is no longer possible to find out whether the victim's splenic rupture injured the splenic hilum and whether it was accompanied by the rupture of the splenic hilum and large vessels. In other words, it is uncertain whether the victim's death would have been avoided under normal circumstances.

Finally, it is also impossible to determine whether there is a criminal law causal relationship between the victim's death and the defendant's abandonment.

The defense believes that under the circumstance that the above facts cannot be ascertained, and in line with the principle of benefiting the defendant, the defendant Du Wending should be convicted and punished for the crime of causing a traffic accident, not for the crime of intentional homicide.

2. The defendant in this case, Du Wending, constituted the crime of causing a traffic accident.

In this case, the defendant Du Wending drove a motor vehicle while drunk and had a traffic accident, resulting in the death of one person, and was fully responsible for the accident, and his actions constituted the crime of causing a traffic accident.

After the traffic accident, the defendant took the victim away from the scene and went to the nearest clinic for the purpose of treating the victim, and then followed the doctor's advice to send the defendant to the county hospital for emergency treatment.

Although the victim died on the way to the county hospital and he abandoned the victim, the defendant's subjective state of mind was always to actively treat the victim, so it did not constitute a traffic accident and escape.

In view of the fact that the defendant's family has compensated the victim's family and the defendant has received the victim's family's understanding, the defender recommends that the defendant be punished as a traffic accident and sentenced to fixed-term imprisonment of not more than three years. Complete. Fang Yi glanced at Du Wending after speaking. The latter lowered his head and looked at the vamp, unable to see what his expression was.

(End of chapter)