Lawyer: Start with legal retaliation against infidelity!

Chapter 340 Xu De: A Crushing Blow to My Teammate! [Seeking Monthly Tickets!]

"There was no element of drug driving in this case!"

"We believe that, in essence, this case is merely a traffic accident," rather than a dangerous threat to public safety.

A clearly enunciated voice fell in everyone's ears, and in an instant, the reactions of the people in the courtroom were all different.

The judge remained expressionless, simply watching silently.

The prosecutors frowned, their fists clenched unconsciously, and their eyes revealed a hint of anger.

The other party... is genuinely denying driving under the influence of drugs!

Yes.

The consequences of the case were too severe, the victims were special, and there were as many as ten people involved... If it weren't for the timely rescue by the hospital, the death toll would have been even higher!

If this consequence is caused by driving under the influence of drugs...

Once it's decided!

"Endangering public safety by dangerous means" and "intentional homicide" are both charges they can't escape. If they can also be charged with "illegal possession of drugs"...then they will definitely be severely punished!

Therefore, Cai and Peng must eliminate all unfavorable factors, but then again...

Factors that are detrimental to him...

That would be advantageous to the prosecution!

"objection!"

Prosecutor Zheng Tong took a deep breath and immediately began to reject the appeal.

"That"

Unexpectedly, just as he was about to speak...

dock.

Attorney Cai Peng simply smiled and said, "Prosecution, we have not yet finished our statement."

talking.

He ignored Zheng Tong's expression and abruptly changed the subject, continuing from where he left off: "Your Honor, we are aware of the 'basis' for the prosecution's charges."

"According to Article 22, Paragraph 2 of the Road Traffic Safety Law."

The original text clearly states that driving a motor vehicle is prohibited while under the influence of alcohol, or while taking controlled psychotropic or narcotic drugs.

Cai Peng spoke slowly.

There are strict requirements for driving a motor vehicle. Driving is prohibited if one is under the influence of alcohol, has taken psychotropic drugs, or is fatigued or ill.

If the person involved is aware that they are in a situation where they clearly do not exist.

"If he then drives a motor vehicle and causes serious consequences, it is 100% a crime of endangering public safety."

The defendant, Zhao Rui, met the aforementioned conditions, even if he did not actually use drugs before driving.

However, the "opioid cough syrup" he took was a controlled substance, and after drinking it, the morphine content in his body exceeded the legal limit, which was clearly illegal and still constituted "dangerous driving".

but!

"A high level of morphine in the body + being a drug addict does not directly equate to 'taking drugs before driving'!"

Cai Peng spoke in a loud and calm tone, guiding the pace of the trial.

He repeated, "Your Honor, I previously stated that the morphine overdose was caused by cough syrup. And now I want to say..."

'

"Our client took the medication after driving!"

Article 22 of the Road Traffic Safety Law refers to "driving after taking drugs," not "taking drugs after driving!"

Therefore, in conclusion, the defendant did not commit the crime of "dangerous driving."

"There is no element of 'driving under the influence of drugs' involved!"

It all boils down to the issue of drinking a sip of alcohol in front of traffic police after driving under the influence.

How to crack?

It can't be broken!

"In accordance with the basic rules of evidence in the trial."

"According to Article 55 of the Criminal Procedure Law, the original text clearly stipulates that: all cases must be judged based on evidence! Thorough investigation and research! Confessions should not be readily accepted. All evidence used to determine a case must be verified as true through legal procedures."

"Based on all the evidence in the case, there is no reasonable doubt regarding the established facts!"

talking.

"May I ask about the prosecutor's seat?"

"In this case, can it be determined that the defendant Zhao Rui" used drugs before driving, rather than simply stating that he had used drugs at all?"

"If it is not possible to reasonably rule out suspicion, then..."

'

Cai Peng paused, then looked up, his brows furrowing as he faced the prosecutor's bench. He said, "According to Article 200, Paragraph (3) of the Criminal Procedure Law, if the evidence is insufficient to convict the defendant, a not guilty verdict should be rendered on the grounds of insufficient evidence and the alleged crime cannot be established!"

"presiding judge."

"This is our first objection; please present it, prosecutor!"

These words were spoken.

The entire courtroom fell silent. Cai Peng, breathing evenly and with a calm expression, sat in the defendant's seat, his tranquil gaze fixed on Zheng Tongliang Bingxin.

The seat for civil litigation agents.

Upon hearing this, lawyer Zhao Chenggong frowned and fell into deep thought.

Cai Peng presented an unsolvable logical loop!

Once cough syrup is taken, morphine is produced in the body.

So, what makes you think this morphine is produced from heroin, and not from cough syrup?

If it cannot be determined...

That would comply with Article 200 of the Criminal Procedure Law! Insufficient evidence should be treated as a case of "presumption of innocence"!

In other words, the defendant Zhao Rui did not drive dangerously while under the influence of psychotropic drugs, nor was he driving under the influence of drugs. His actions constituted a normal hit-and-run accident, unrelated to endangering public safety.

"This..." Zhao Chenggong pondered for a long time but couldn't find any flaws. He clenched his fist and subconsciously looked towards the prosecutor's seat.

It wasn't just him.

Everyone in the First Court, anyone with even a basic understanding of the law, shared this thought at that moment!

Convicting him... is difficult.

"Bang!"

A crisp sound rang out from the judge's bench.

Judge Lü Guang's calm gaze swept from the platform down to the prosecutor's dock. He began, "Prosecutor, based on the above, does your side have any objections?"

objection?

Of course.

"Your Honor, we believe the defendant's statement is too one-sided."

First of all, "driving under the influence of drugs" is not a description of a legal status. It generally refers to the act of driving a motor vehicle by a person who has not yet overcome their drug addiction or is currently using drugs.

Prosecutor Zheng Tong remained calm and composed, speaking slowly and deliberately.

Driving under the influence of drugs is a state, but most people don't know what it means to drive under the influence of drugs.

It's different from drunk driving!

Driving under the influence (DUI) means that you have been drinking before driving and then you drive.

But driving under the influence of drugs is different. Even if you didn't use drugs before driving, it's still possible to be considered driving under the influence of drugs!

The basis for this is...

"The test is conducted to confirm whether the driver's body contains any drug components or their metabolites."

"Subsequently, it will be determined whether the content of this component meets the 'Thresholds and Testing Methods for Drug Content in the Body of Vehicle Drivers'..."

'

I didn't use it on the day I drove, but I used it a few days before, and the metabolites in my body were not excreted and reached the threshold.

This could potentially be considered driving under the influence of drugs!

The patient was found to have controlled substances in his body, although the levels were below the threshold, but he exhibited obvious abnormal driving behavior.

Then, this could also be considered driving under the influence of drugs!

"presiding judge."

"This is an analysis of the hair follicles of the suspect, and the newly grown hair follicles clearly contain heroin-specific metabolites!"

"And according to the growth cycle."

"The suspect, Zhao Rui, had used prohibited substances within three days prior to September 24th."

"Prosecutor Zheng Tong said."

He reached into his briefcase and pulled out a document; his expression was serious.

The clerk took a closer look and was astonished to find it was a test report issued by the evidence center!

The test report is a hair test.

And the hair...

Most people may not realize that hair grows segment by segment, like bamboo shoots.

The information that can be detected in each section of hair is based on what you did, what you ate, and what your body metabolized during a certain period of time.

Therefore, you will see that when the evidence center examines hair, it does not test each strand individually.

Instead, they picked one stalk, cut it into pieces with scissors, and tested it segment by segment!

As for Zhao Rui, based on the analysis of the newly grown hair at the very tip of his head, although it cannot be proven that he had used prohibited substances before driving, it is enough to prove that he had touched the substance around the time of the incident!

Therefore, considering Zheng Tong's previous statement that he didn't use drugs on the day of the incident, but did use them a few days before, it still counts as driving under the influence of drugs...

"The suspect, Zhao Rui, has clearly been found guilty of driving under the influence of drugs!"

Zheng Tong handed over the report, his expression serious and earnest.

"In summary."

"Referencing the Supreme People's Court Guiding Case No. 268, it is clearly stated that: if a person knows that inhaling or injecting drugs will cause adverse reactions such as hallucinations and coma... and still drives after inhaling them, continuously colliding with other vehicles or pedestrians."

"This indicates that they intentionally intended to endanger public safety!"

"Regardless of whether serious consequences occur, it should be punished as 'endangering public safety by dangerous means'!"

"The crime of endangering public safety is similar to driving under the influence of drugs."

It is not a single, isolated piece of evidence.

The scope is one of Articles 114 to 139 of the Criminal Law, and those who meet the criteria for driving under the influence of drugs are "dangerous offenders" under Article 114 and "actual harm offenders" under Article 115.

The former refers to a situation where there is only danger but no serious consequences have yet occurred, while the latter refers to a situation where the danger has already been realized.

at this time.

According to Zheng Tong, Zhao Rui clearly committed the crime of "endangering public safety" under Article 115, making him a "performing offender"!

"this..

'

On the judge's bench.

Judge Lü Guang frowned, staring into deep thought at the documents in his hand.

That is indeed the legal definition.

But here's the problem...

"objection!"

"Your Honor, the defendant has objections to state!"

In the defendant's dock.

Lawyer Cai Peng did not hesitate at all, demonstrating extraordinary professional ability without even thinking.

He stood up, looked at the prosecutor's seat, and retorted, "Prosecutor."

"You previously stated that, based on hair follicle testing, it was proven that the person had used drugs in the days surrounding the incident on September 24th," but this proof only proves that the person had used drugs.

"No, the case occurred because the prohibited substances in the body reached a certain threshold after drug use, leading to the incident!"

To give an example in the simplest terms.

If you drank alcohol an hour ago, then drove, and subsequently had a car accident, that is undoubtedly drunk driving!

but.

If you drank alcohol an hour ago, but your body is special, all the alcohol you drank will be broken down within that hour.

An hour later, you will be completely unaffected by alcohol, and your blood alcohol content will be undetectable!

So, if you get into another car accident, will it be considered drunk driving?

Cai Peng's defense logic is the same!

Zheng Tong can indeed prove that the defendant had used drugs before the 24th, but he cannot prove that Zhao Rui was affected by drug use on that day!

The most crucial thing is...

"presiding judge."

"The main consequence of the case was not so-called dangerous driving! Of the ten victims, nine were involved in 'traffic accidents'!"

Cai Peng's eyes widened slightly.

He stood up, his brown suit ramrod straight, and his gaze swept across the audience.

The tone of his voice was highly seductive.

The cause of this traffic accident was: "Vehicle lost control after the collision!"

"Our client did not directly cause the incident at Yangcan Kindergarten by accelerating; rather, the incident occurred during an overtaking maneuver, and was influenced by Ms. Dong Fen's illegal parking."

"The vehicle collided with it unexpectedly."

"The vehicle then went out of control, resulting in injuries and fatalities."

"According to Article 133 of the Criminal Law, and specifically Article 2, Paragraph 2, Item (1) of the Interpretation, in this case, our client absolutely does not constitute the crime of 'endangering public safety'!"

Cai Peng's logic is clear and his explanations are thorough.

His explanation was as if he were replaying the entire incident in front of everyone.

at this time.

He paused, then spoke again: "It's 'traffic accident crime'!" Cai Peng said resolutely.

A single sentence was uttered.

The entire scene.

An uproar erupted instantly!

"Traffic accident crime...Looking at it this way, it does seem to be a traffic accident, rather than intentional harm..."

'

"No, that's not right. The speeding, driving against traffic, and illegal overtaking were all based on his drug use, so these consequences should also be classified as 'endangering public safety'!"

"But... we can't be sure if the defendant met the detection threshold at the time! What if the other party doesn't exist?"

"No, even if it can't be proven that it didn't exist... that means there was no drug use during the incident. If there was no drug use, then the deaths of the nine victims were obviously accidental."

'

A commotion arose from the audience.

Rare.

At this moment, hundreds of people were subtly persuaded by Cai Peng's logic and began to doubt themselves.

Although the case seems heinous on the surface, ... setting aside moral prejudices, from a purely logical standpoint, it is actually difficult to constitute a threat to public safety.

It's not just them.

In the trial area.

"Hmm, both sides have valid points..."

'

Lawyer Zhao Chenggong wiped the cold sweat from his forehead, but when he put his hand back down, he found that his palm was also full of sweat.

He looked up at both the prosecution and the defense, feeling both shocked and in awe.

The prosecution's charges were indeed strong and compelling, but Cai Peng's defense... was in no way inferior.

I just don't know...

"Director Xu, how will you cooperate with the prosecutor?" Zhao Chenggong couldn't help but ask Xu De nervously in a low voice.

He was self-aware enough not to rashly get involved in such a complicated case, but Xu De was different.

And the prosecutor is their teammate, so...

Xu De will inevitably participate in the charges against the defendant later, and his participation will naturally revolve around the charges brought by the prosecution!

only..

Beside him.

Lin Yue and lawyer Zhang Wei, who had come to watch the show, paused slightly and gave him a strange look.

Xu De, who had been silent all along, was about to say something.

Unexpectedly, a voice came from the judge's bench at that moment.

"Plaintiff, do you have any objections to state?"

Xu De paused.

On the judge's bench.

Judge Lü Guang looked exhausted. He rubbed his eyes, feeling the arguments on both sides, which were based on logic and law, constantly battling in his mind.

Finally, he turned to the plaintiff's seat and said in a deep voice, "Public prosecutor, do you wish to raise any objections?"

Upon hearing this...

Xu De paused for a moment, then stood up.

As he stood up, everyone's eyes fell on him.

In the dock, lawyer Cai Peng and his legal team narrowed their eyes, staring at him with serious expressions, their eyes revealing deep thought.

The prosecutor's seat.

Prosecutors Zheng Tong and Liang Bingxin visibly breathed a slight sigh of relief.

Teammates are here!

but...

"presiding judge."

Xu De took a deep breath, his expression hardening as he spoke solemnly, "We believe that, in this case, the prosecution's assertion of 'driving under the influence of drugs'..."

talking.

Under everyone's watchful eyes, Xu De, never one to back down, suddenly blurted out, "It's hard to believe!"

Is it...difficult to establish?

It's not that it constitutes a fact, it's that it doesn't exist!?

The moment the words were spoken, the atmosphere in the courtroom froze.

The judge stopped moving and looked up at him; Cai Peng in the defendant's seat paused and looked at Xu De in disbelief.

The prosecutor's seat...

Prosecutors Zheng Tong and Liang Bingxin were stunned for a moment, and their faces turned visibly red.

Zhao Chenggong looked at Xu De, who had stood up beside him, with a hint of fear in his eyes.

no...

They are the plaintiffs...the plaintiffs! Why are they now refuting the prosecutor?

In court, why did you stab your teammate twice first?!

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