Chapter 82 Attorney Zhang, you refute it(1/2)
During the few days I was detained in the detention center.
In addition to communicating with Zhang Wei, he himself was also thinking hard about ways to escape guilt.
Although Zhang Wei looks very professional, he always emphasizes only commutation of the sentence.
rather than acquitting oneself.
then……
He asked his friend Zhuang Huarong to help search for ways to escape guilt, and consulted many lawyers online.
They all said that their behavior while drunk was irrational and irrational, and did not constitute subjective intention.
"Many lawyers on Baidu said that I was drunk and lost my mind and consciousness. I do not need to bear criminal responsibility. My behavior was drunken negligence and there was no subjective intention."
"I drank two boxes of wine that day, and I finished them all. I was really drunk until I was black, and I didn't know anything..."
Facing the judge, Gao Feng continued to argue.
Zhuang Huarong helped him search for these, and an online lawyer taught him.
to this end.
He also asked his friend Zhuang Huarong to help him advance several hundred yuan in lawyer consulting fees.
Combined with the legal knowledge he has learned these days.
The more he thought about it, the more he felt that these lawyers were right and that they were much better than Zhang Wei.
The crime of endangering public safety by dangerous means is a subjective and intentional act.
And he was completely stunned...
Where does the subjective intention come from?
Therefore, it does not constitute the crime of endangering public safety by dangerous means at all.
If this crime is not constituted...
The court could only convict him of throwing an object from high altitude, and the most he could pay for that crime was some compensation.
He doesn't have to go to jail at all!
at the same time.
When Gao Feng was making his statement, Zhang Wei's face turned extremely ugly at the lawyer's table.
He was so angry that he was shaking all over.
He didn't expect it at all...
After Gao Feng followed his instructions and defended his sentence in a reduced sentence, he actually made another wave of manipulations!
They also brought out “online lawyers”!
This "say it on Baidu" almost slapped him in the face.
Being drunk...
He had already considered it when he learned about the situation.
This can only be used as a basis for reducing the penalty.
But now Gao Feng directly uses it to get away with it!
A real lawyer standing in front of me doesn’t believe it, but he actually believes those lawyers online!
Among the so-called lawyers above, which one has a lawyer's license? Which one has actually litigated a lawsuit?
They are all people with little knowledge who come to deceive netizens who are novices.
But the peak of the desire to survive...
But he was so sick that he sought medical treatment and chose to believe these answers on Baidu.
"winter--"
It didn't take long.
Directly above the courtroom, the judge banged his gavel.
"The defendant has made a reply, and the plaintiff is invited to speak in response to the defendant's explanation."
On the plaintiff's bench.
Qin Mu was also a little surprised when he saw the peak of the operation.
The first half of Gao Feng's speech was methodical and aimed at commuting sentences.
But the second half...
But suddenly he tried to get away with it.
He also used drunkenness as an excuse.
Fortunately, he had read a lot of legal books these days, and as soon as his mind went through it, he found the relevant provisions of the criminal law on drunken crimes.
Article 14 of Penalty stipulates: Intentional crime refers to someone who knows that his behavior will have consequences that will harm society, and hopes or allows such consequences to happen, thus constituting a crime.
Even if the behavior is performed under the influence of alcohol, a state of unconsciousness, and loss of reason, since the dangers and side effects of drinking are caused by the person himself, he must still bear full criminal responsibility.
After being drunk.
In fact, there is also a situation in which criminal liability is not required, and that is pathological drunkenness.
There are two types of drunkenness. One is physiological drunkenness, which is drinking to the point of unconsciousness and lag in consciousness under normal conditions.
The other is pathological drunkenness, which refers to disproportionate extreme excitement after drinking a small amount of alcohol, with characteristics of aggression and violence. This is strictly a disease.
Very few people have it.
After a few sips, I started to get extremely excited and irritable.
All the behaviors of such a person while drunk are equivalent to mental illness, and they do not need to bear corresponding criminal responsibility.
therefore.
What Gao Feng just said seems to make sense, but in fact it has no legal basis.
And beside him.
Wang Dachui also clearly realized this and began to stand up.
Pointing his finger at Mai Mang, he retorted pointedly: "Your Honor, we believe that the defendant's dangerous drunkenness at the time was created by the defendant himself. The defendant also explained before that he drank on his own when he was heartbroken and was not forced by others."
"In addition, the high-altitude object was thrown just after dinner, and there was a huge flow of people in the community. Even if the defendant was not aware of this, he still carried out the act of high-altitude throwing the object, which was subjectively intentional."
"Also, the defendant concealed the truth many times afterwards and refused to investigate. Many parties such as the police station, property management, and property owners can testify..."
Immediately afterwards.
From a professional perspective, Wang Dachui refuted everything Gao Feng stated just now.
Focus on criticizing...
Naturally, Gao Feng tried to evade responsibility, blatantly acquitted himself in court, and showed no active confession, etc.
These behaviors will affect the judgment of judges and adjudicators.
Sometimes the difference between the judge and the adjudicator may lead to a difference of one year or even several years in the sentence.
And in the dock.
After listening to Wang Dachui's argument, Gao Feng's expression changed drastically.
Became anxious again.
Lawyers on the Internet clearly said that as long as the drunkenness is revealed, the verdict will be stable.
Who knows that in the blink of an eye...
The other party refuted him, and the key point was that he touched on his blind spot in knowledge.
He didn't know how to deal with it at all, and the lawyers online didn't teach him this.
He could only turn around and ask Zhang Wei for help.
Zhang Wei's face was ashen and he glared at him.
But he still stood up and began to defend his position and argue around the previous point of commutation.
As for drunkenness, not a word was mentioned.
"Lawyer Zhang, you are drunk. As long as you refute the other party's point, I will be acquitted. You refute it!"
Gao Feng listened for a long time and couldn't help but remind him in a low voice.
Zhang Wei, who was debating, twitched the corners of his mouth.
I didn't pay attention to Gao Feng, I just felt tired for a while.
God really refutes the other party.
Although a drunk person has no subjective consciousness and reason, because he created the danger himself, he must also bear full criminal responsibility!
To be continued...