"Moreover, Prosecutor Fu, the passenger had not paid the fare at all before jumping out of the car!"
"While taxi drivers are responsible for safely delivering passengers to their destinations, we cannot only focus on the passengers' rights and ignore their obligations..."
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Old Tang was thinking of saying more, but the prosecutor across from him cut him off directly.
"Lawyer Tang, are you here to teach the law?" Fu Qiuhua stared at Tang Fangjing across from her and suddenly said.
Old Tang narrowed his eyes, sensing the implication that she didn't want to hear any of this.
"Of course not, you are the prosecutor, and I am rely presenting my opinion to you, to see..."
"No need to see, the injury is of second-degree severity, the situation is very serious. Had there been any further delay at the ti, major consequences might have ensued, and you're telling the driver is not in the wrong?" Fu Qiuhua said expressionlessly.
"All right, Lawyer Tang, keep your opinions to yourself for now. There is a causal relationship between Fang Pinghui's injury and Li Huaiqing's actions!"
It seed that this ti he was facing a particularly assertive prosecutor.
In his previous life, Old Tang had often encountered such situations. Being legal professionals, it was natural to have differing opinions. I believe there's guilt, and I don't want to hear any more from you.
It showed the prosecutor's assertiveness, a lack of desire to communicate with the lawyer.
"Prosecutor Fu, I may remain silent, but I will not change my opinion!" Old Tang stood up and said.
"Then you can keep insisting. I have sothing else to take care of and must go now." With that, Fu Qiuhua left the office directly.
Old Tang sighed, but he wasn't at all discouraged; such treatnt was normal for lawyers, who often found themselves at the bottom of the criminal justice system.
This case was getting complicated, and if it truly went to court, the outco was uncertain.
Fu Qiuhua entered another office with a grim expression; she was aware of Lawyer Tang's reputation, but as Old Tang thought, so prosecutors naturally clashed with lawyers.
Especially now, Fu Qiuhua was convinced that Li Huaiqing should absolutely bear criminal responsibility for this case.
It wasn't just her thinking this way; previous cases had shown that when passengers suddenly jump out of vehicles, drivers are supposed to bear the responsibility.
How could Tang Fangjing even suggest an acquittal when the victim was now suffering from second-degree injuries? It seed impossible!
Regardless of acceptance, it still was quite like the past: an accident happens, and if soone is killed or injured, soone has to take responsibility in the end.
At ho in the housing complex, Li Huaiqing was cooking for his child, finding it hard to get a job now since people would send him away as soon as they heard he was out on bail waiting for trial.
Just then, the door was knocked on.
Upon opening the door, he saw a man and a woman, one of whom spoke: "You're Li Huaiqing, right? We're from the Baishan District Procuratorate. You're now summoned to the Procuratorate, here's the summons."
Li Huaiqing had already been through this a few tis, so it wasn't a surprise to him, though previously it had always been the police issuing the summons, and now it was soone from the Procuratorate.
He followed them to the Procuratorate, where two prosecutors began to interrogate him.
The female prosecutor was Fu Qiuhua. During the review and prosecution stage, the Procuratorate would surely question the suspect.
After asking for his basic information such as na, gender, and age, they started inquiring about the previous case process.
Li Huaiqing told the sa account as before.
Then Fu Qiuhua spoke: "Li Huaiqing, you have confessed to your cri after being arrested, in accordance with the relevant provisions of pleading guilty and accepting punishnt for a lenient treatnt."
"Pleading guilty for a lenient sentence?" Li Huaiqing asked curiously, "What does that an?"
"It ans that after pleading guilty and accepting punishnt, your sentence can be reduced. For your case, according to the regulations, you would be sentenced to a fixed-term imprisonnt of up to three years."
"But if you admit your guilt and accept punishnt, and considering the mitigating circumstances of your voluntary surrender, as well as the victim's forgiveness, we can recomnd probation, so you wouldn't have to serve ti in prison."
Upon hearing these words, Li Huaiqing's heart imdiately leaped. If he really didn't have to go to jail, that would change everything.
But Lawyer Tang had also said that he shouldn't be considered a criminal at this point...
"I'm here to inform you of the situation so that you can think it over," said Fang Pinghui. "If you agree, we'll sign the confession and penalty notice. Of course, your defense attorney will also be notified to sign."
Li Huaiqing thought hard for a long ti. The temptation of not going to jail was really great!
It might seem a bit foolish to others, but the reality is that few people can remain unaffected under the system of leniency for those who confess.
Especially for soone like Li Huaiqing, who wasn't even sure if what he did counted as a cri, although he did cause harm to soone.
The police and the prosecutor's office both declared him a criminal, only Lawyer Tang said he was not...
Finally, he couldn't help but say, "Well, I agree to confess and accept the penalty."
Upon hearing this, Fu Qiuhua said, "Good, we will now notify your defense attorney to bear witness."
Confession and acceptance of penalty require an attorney's signature. So, what happens when the suspect doesn't have an attorney? No problem!
Nowadays, prosecutor's offices have duty lawyers from local major law firms. Their job is to "witness the confession and acceptance of penalty" and to sign the docunt incidentally.
For instance, it has been reported in a certain place that two hundred duty lawyers witnessed the confessions and penalties of over forty thousand people.
Before long, Old Tang arrived at the prosecutor's office. Upon hearing that Li Huaiqing was ready to confess and accept the penalty, he instantly beca furious.
"Why would you confess and accept the penalty? A suspended sentence ans you don't go to jail, but do you realize you'll have a criminal record?" Old Tang looked at Li Huaiqing before him.
"You're a taxi driver. With a criminal record, you can no longer drive. Tell , how are you going to live? Have you found a job during this ti?"
After being scolded by Old Tang, Li Huaiqing finally ca to his senses.
Indeed, what would he do if he ended up with a criminal record?
Fu Qiuhua then spoke up, "Lawyer Tang, if he confesses and accepts the penalty, our recomndation for sentencing is six months with a one-year reprieve. But if he doesn't, he might get actual jail ti!"
"And are you so sure that once in court, the verdict will definitely be not guilty?"
That comnt made Li Huaiqing waver once again.
Thereupon, Old Tang said, "Alright, do whatever you think is best. But I will definitely defend you as innocent. What do you say?"
However, as soon as Old Tang finished speaking, Fu Qiuhua interjected again, "Lawyer Tang, what do you an? You sign the confession and accept the penalty, and then you defend him as innocent? What's the point of the confession and acceptance of the penalty then?"
"You need to sign it as well!"
Turning around with equal seriousness, Old Tang responded, "A defense attorney is entitled to independent defense rights. His confession and acceptance of penalty do not affect my right to defend him. My signature on the confession and penalty docunt is only a witness; it does not an I agree!"
Fu Qiuhua almost laughed with frustration and turned to Li Huaiqing, "Think about it carefully. If you sign this, and your defense attorney defends you as innocent, we will retract the confession and penalty docunt."
Li Huaiqing felt conflicted, but Old Tang remained resolute, "Retract? Where in the law does it say you can just retract it at will? The Deputy Chief Prosecutor of your Supre People's Procuratorate has already published 'Analysis of controversial issues in the leniency system for confessions and penalties.'
"I didn't see any provision in there that says you can retract the docunt if the defense attorney argues for innocence!"
He stood his ground, making it clear that the defense attorney's opinion and the defendant's stance should not interfere with each other.
What defense to put forward is for the defense attorney to decide, and the right to an independent defense is also written into legal statutes.
If the defendant disagrees, then he can change lawyers, but as long as you don't change, I will defend you according to my view!
Of course, this is why Zhang Wei had previously ended up aggravating soone's case...
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