Chapter 285: Chapter 124 Translation, what is the right to an independent defense!_5
"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 me 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 merely 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 time, major consequences might have ensued, and you're telling me 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 seemed that this time 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 something 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 treatment 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 outcome was uncertain.
Fu Qiuhua entered another office with a grim expression; she was aware of Lawyer Tang's reputation, but as Old Tang thought, some 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 seemed impossible!
Regardless of acceptance, it still was quite like the past: an accident happens, and if someone is killed or injured, someone has to take responsibility in the end.
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 document 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 became furious.
"Why would you confess and accept the penalty? A suspended sentence means 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 me, how are you going to live? Have you found a job during this time?"
After being scolded by Old Tang, Li Huaiqing finally came 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 recommendation for sentencing is six months with a one-year reprieve. But if he doesn't, he might get actual jail time!"
"And are you so sure that once in court, the verdict will definitely be not guilty?"
That comment 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 mean? 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 document is only a witness; it does not mean 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 document."
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 Supreme 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 document 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 someone's case...