"The prosecutor can respond to the defender's statement." The presiding judge said.

"In response to the defender's statement, the prosecutor made the following observations:

First of all, although the evidence in the case cannot directly prove that the victim was still alive when the defendant abandoned the victim, there is no direct evidence to prove that the victim was dead, and according to the opinion of experts, there is a possibility that the victim is alive.

Second, in this case, the defendant had sufficient time and conditions to report the case after the traffic accident, but still deliberately hid it until he was caught.

The defendant's conduct fully met the characteristics of a traffic accident and a run-and-run event. The defender's argument that the defendant did not constitute a run-and-run after a traffic accident ignored the change in the defendant's subjective purpose, and erroneously understood and limited the continuous time process of 'after the traffic accident' to the time period when the defendant fled at the time of the traffic accident and on the spot in order to evade legal prosecution.

Obviously, whether the defendant was determined for the purpose of evading legal prosecution can only be determined on the basis of how he ultimately dealt with the victim, and not on the purpose of his act at the time of taking the victim away from the scene of the accident.

Therefore, we believe that the defendant fled after causing a traffic accident and abandoned the defendant to constitute the crime of transformative intentional homicide. Over," the inspector said confidently.

The purpose of the prosecutor is very simple, although the crime of traffic accident into the crime of intentional homicide may be somewhat insufficient in evidence (mainly depends on how the judge understands, I don't carry this pot), but it is impossible for the defendant to be confused about the hit-and-run, even if the defender can beat the crime of intentional homicide, but run away after the accident, this aggravating circumstance must be held down and confirmed.

……

When Fang Yi walked out of the courthouse, Du Wending's wife, Wu Qianwen, walked over.

"Lawyer Fang, what do you think my husband's case will be judged?" Wu Qianwen asked with concern in her eyes.

"Judging from the effect of the trial, it is acceptable, and now neither side can produce direct evidence to prove whether the victim was dead or alive when he was abandoned, but from the perspective of the burden of proof, the procuratorate is more uncomfortable in this situation.

However, from the perspective of the crime of causing a traffic accident, the court may find that your husband has committed a hit-and-run, and you go back and wait for the notice, but the court did not announce the verdict in court, indicating that the collegial panel did not reach an agreement on some issues. Fang Yi explained.

"Okay." Wu Qianwen observed the whole process of the trial, and was quite satisfied with Fang Yi's defense: "By the way, lawyer Fang, I have already given the money to the victim's family, and the letter of understanding issued by the family has also been mailed to the judge, will the court punish our family Lao Du lightly?" Wu Qianwen asked with a worried face.

This time Du Wending had an accident, and the Du family spent a lot of money, so Wu Qianwen wanted to confirm it again.

"Well, the court will take into account the defendant's compensation and the victim's family's forgiveness when sentencing. The court will give a lenient punishment. Fang Yi comforted.

On the way back to the law firm, Yun Qiao drove the car and asked, "Master, why do you still say that, knowing that the court will most likely not accept your opinion that the defendant does not constitute a traffic accident and escape?"

Look at the people in the procuratorate, they finally caught our flaws and sprayed them. I dare say that if we accept that the defendant is a hit-and-run after a traffic accident, the prosecutor will have fewer responses, and it will not take half a minute to finish. ”

"It's such a thing, and you understand it right, but before the trial, Wu Qianwen wanted to try and get rid of the hit-and-run plot, I told her that there was little hope, but she still insisted that we do it. So......" Fang Yi glanced at Yun Qiao with a wry smile, that means: You should understand.

"Hey! If you can't do things, you can't do anything! It seems that lawyers are not easy to do! Yun Qiao sighed.

A week later, the county court notified Fang Yi to go and get the criminal verdict of Du Wen's case, and the judge had to announce the verdict in court, so the lawyer had to be present. It happened that Yun Qiao went back to school to get his graduation certificate and degree certificate, and Fang Yi drove to the county court alone.

After coming out of the county court, Fang Yi called Wu Qianwen and told her that Du Wending's verdict had come down. Fang Yi pondered that she would go to the county anyway, so it was better to send the criminal verdict directly to Wu Qianwen, and she would run back and forth. So after making the call, Fang Yi went to Du Wending's company.

Du Wending's transportation company was on the edge of the county seat, and Wu Qianwen was waiting for him at the door of the company when Fang Yi arrived. Wu Qianwen's face was not very good, obviously she was a little anxious during this time and didn't sleep well.

"Ms. Wu, this is Mr. Du's criminal verdict." After walking into the company's office, Fang Yi handed her the verdict: "The court did not adopt the opinion of the procuratorate and found that your husband Du Wending did not constitute intentional homicide.

At the same time, we did not adopt our defense that your husband did not constitute a traffic accident and escape, and finally sentenced your husband to four years in prison. ”

After trial, the county court held that the defendant Du Wending violated traffic and transportation management regulations by driving under the influence of alcohol, resulting in a major traffic accident in which one person died, and that he was fully responsible for the accident, and that his actions had constituted the crime of causing a traffic accident, and that he should be punished for fleeing after the accident.

On the way to the county hospital, the defendant abandoned the victim in a subjective state where he believed that the victim was dead.

The available evidence in this case cannot prove that the victim did not die before being abandoned, nor can it prove that the victim's death was caused by the abandonment and inability to receive assistance, so his conduct does not meet the conditions for the transformation of a traffic accident into intentional homicide under Article 6 of the Interpretation.

In line with the principle of leniency in doubt, Du Wending can only be convicted and punished for the crime of causing a traffic accident. Although Du Wending was able to actively take the victim to the hospital for treatment, he abandoned the victim and fled in order to avoid legal prosecution when he believed that the victim was dead, which met the characteristics of fleeing after a traffic accident.

In view of the fact that Du Wending had a good attitude in admitting guilt after being brought into the case, and that his relatives had compensated all the economic losses of the victim's relatives and obtained the forgiveness of the victim's relatives, he could be given a lighter punishment as appropriate.

In the end, the court ruled that the defendant Du Wending was guilty of causing a traffic accident and was sentenced to four years in prison.

Seeing that Wu Qianwen did not express her position for a long time, Fang Yi asked: "Do you want to appeal ...... you see the verdict?" ”

"No, it's pretty good." After the court trial, Wu Qianwen checked the verdict of a similar case on the Internet, and in comparison, her husband's verdict was light, and she didn't want to toss it anymore.

"Hey! People are always responsible for their actions. Four years! I can accept it, I am willing to wait for him for four years and then treat him as a vacation. After seeing the verdict, her tense nerves could finally be relaxed, and life had to go on.

Boy! Did you go on vacation in prison?!

(End of chapter)