Chapter 174 The Indelible Stain
Chapter 174 The stain that cannot be erased
Author: Xueying Hongmei
Chapter 174 The stain that cannot be erased
Ouyang Jie was quickly arrested and the case was transferred to the Procuratorate, which prosecuted him in the District Court for the crime of traffic accident.
Because Ouyang Jie was seriously injured and had been staying in the hospital, he did not even need to be released on bail this time. Since Ouyang Jie had been hospitalized and unable to appear in court for trial, the court suspended the trial of the case.
"Mr. Ouyang, how is Ouyang Jie's girlfriend Zhu Lin doing now?" Fang Yi asked.
"Girlfriends are just a joke for children. That girl and Xiaojie are classmates. Strange to say, on the day of the incident, she only had a scratch on her skin and went to the hospital to apply some medicine. Later, after the police asked
The words left. And my Xiaojie almost ended up in the intensive care unit.
Lawyer Fang, my Xiaojie is almost recovered now and is ready to be discharged from the hospital. The court also notified us some time ago that the trial will start in a week.
Do you think my Xiaojie's case is enough to constitute a traffic accident? The child is still young, and if it constitutes a crime, it will be a lifetime matter." Mr. Ouyang said worriedly.
No parent in the world wants their children to be condemned to a stain that can never be removed before they enter society.
"Judging from the situation you introduced, I personally think it is not enough to convict of traffic accident." Fang Yi thought for a moment and said.
"What's the reason? The procuratorate has launched a public prosecution for traffic accidents. We need solid reasons to refute them." Mr. Ouyang asked, staring at Fang Yi.
"The reason why I say that your son Ouyang Jie's behavior does not constitute a crime of traffic accident is because from a legal point of view, crime is an infringement of other people's legal rights. Generally speaking, self-harm does not constitute a crime (except for the punishment of the right to life, of course)
, unless such self-destructive behavior endangers national and public security.
I just asked you about the situation of Zhu Lin who was with Ouyang Jie because of this point of consideration. If Zhu Lin was only slightly injured and Ouyang Jie himself was seriously injured due to a traffic accident, this situation is exactly in line with the situation I just mentioned and does not constitute a traffic accident.
crime.
However, it is not ruled out that during the trial, the procuratorate will change the prosecution and accuse Ouyang Jie of dangerous driving." Fang Yi explained.
"If the procuratorate really changes the prosecution, will my son commit a crime and be sentenced?" Mr. Ouyang asked.
"It is really possible that the crime of dangerous driving will be constituted, but it is hard to say whether there will be a prison sentence. Because Ouyang Jie was seriously injured, we can fight for it. The ideal result is that although it constitutes a crime, the court exempts your son from criminal punishment.
." Fang Yi said.
"In other words, my son's crime cannot be erased. Lawyer Fang, is there any other way?" Mr. Ouyang said with expectant eyes.
"This... I'm afraid it's difficult." Fang Yi hesitated and said.
"To tell you the truth, I have consulted several lawyers before, and their opinions were similar to what you said, but they did not mention the procuratorate's change of prosecution.
If the procuratorate does not change the prosecution, will my son's case be treated as innocent?" Mr. Ouyang said.
After listening to Mr. Ouyang's words, Fang Yi thought to himself: There are two reasons why the other lawyers did not say that there is a high probability. One is that these lawyers lack professional skills and they have not thought too much about it; the other is because they are afraid that you will not think so after hearing that your son has committed a crime.
Entrust them, or be reluctant to spend a lot of money to hire a lawyer.
Fang Yi dared to say that it was due to the professionalism of a practicing lawyer. Since people asked, he had to disclose all the risks of the case to avoid the client blaming the lawyer for being unprofessional.
"According to the provisions of Article 176, Paragraph 2, of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China, 'the facts of the prosecution charges are clear, the evidence is reliable and sufficient, and the charges are consistent with the people's
If the charges determined by the court are inconsistent, a guilty verdict shall be made.
It can be seen from this that when the charges charged are inconsistent with the charges determined by the court, the People's Court can change the charges charged by the People's Procuratorate and convict the defendant on the charges determined by the trial.
Therefore, the situation you mentioned is unlikely." Fang Yi thought for a while and said.
"Well, I understand. If I entrust you with my son's defense, can you keep my son out of jail?"
Ouyang finally understood that even if the charges brought by the procuratorate were not established, the court might convict and sentence him based on the new charges, and the stain on his son would never be erased.
But fortunately, he didn't expect his son to go to college and become a civil servant like others (mainly because his son's studies were too bad). In the future, he would have the shamelessness to talk to Zhou Defa and ask Mr. Zhou to arrange a job for his son for the sake of his own reputation.
Errands.
The question that Mr. Ouyang is most concerned about now is whether his son will go to jail and how long he will have to spend time in jail.
Fang Yi did not reply to Mr. Ouyang immediately, but took a sip of tea from his teacup and prepared an argument: "If you entrust me to defend your son, I will do my best to get rid of the traffic accident charge charged by the procuratorate.
Then strive for the best interests for Ouyang Jie.
As a lawyer, I dare not promise you anything, but I will do my best," Fang Yi said.
"Well, let me ask one more question, do you have anything to do with the district court?" Mr. Ouyang asked.
Because Mr. Ouyang's connections were not in the city, but in other provinces, so since his son's accident, he had been relying on connections everywhere like a headless fly. He treated people to countless meals and was defrauded of hundreds of thousands. In the end,
With no other choice, he asked his boss Zhou Defa for help.
It is a pity that Zhou Defa moved his headquarters to the capital in his early years, and the city's leaders changed several times. For a while, he could not find heavyweights to help him.
There are a few well-connected leaders in Defa Construction, but because Mr. Ouyang is retiring soon and has no use value, everyone fought with him in the early years, leaving a lot of grievances, so everyone pretends
If you are deaf and mute, don't stretch your head.
I met Fang Yi today and felt that Fang Yi was quite reliable. Ouyang always wanted to try to see if Fang Yi was related. But Fang Yi was not much better than him, so how could it matter?
"Mr. Ouyang, I advise you not to think so. Maybe you have had a relationship before. Nowadays, there are many people in the market who talk big words but don't do anything. If someone tells you that he has a relationship, don't believe it.
This is a public prosecution case. Unless you can find a hard connection between the procuratorate and the court, you might as well hire a good lawyer for your son." Fang Yi did not directly answer Mr. Ouyang whether he had any connections, but instead comforted Ouyang.
Always hire a lawyer with strong professional skills.
Listen carefully, after Fang Yi finished speaking, Mr. Ouyang understood immediately.
"Okay, Lawyer Fang, is your law firm in the capital?" Zhou Shen practices in the capital, and he introduced Fang Yi. Mr. Ouyang took it for granted that Fang Yi also practices in the capital.
Chapter completed!