Chapter 395: Criminal Cases Are Still Comfortable_3
"Lawyer Tang, I'm willing to take responsibility, but I can't go to jail. If I go to jail, my family is truly finished..."
Zhang Minghui's wife was also pleading on the side, while the child didn't understand anything and didn't know why their parents were suddenly crying.
Old Tang waved his hand and said, "Don't worry yet, I've taken this case. You're out on bail now, right? Alright, let's sign the contract in a bit."
Hearing Old Tang's words, Zhang Minghui's face was immediately filled with excitement, "Rea...really? Thank you, thank you, Lawyer Tang, thank you so much."
He genuinely didn't know what to do. He already knew when he was caught earlier that for traffic accidents resulting in one death, it's basically no less than three years.
Unless he could get a letter of forgiveness from the victim's side and then plead guilty and show remorse, then it would basically be probation.
But this won't work, having a criminal record would definitely cost him his job, and it would be much harder to find a job in the future.
In a place like Jingzhou, it's very difficult to establish oneself, without a job, he wouldn't be able to pay the mortgage, and basically, he'd end up like those people, unable to rise again in his lifetime.
Now hearing that Lawyer Tang was willing to take his case, it was truly a ray of light in the darkness, Lawyer Tang was that light!
After expressing immense gratitude, Zhang Minghui and his family went to sign the contract.
Old Tang put down the recognition in his hand and prepared to start working.
To make this case innocent, the recognition must be overturned first!
There are three parties involved in the entire case, Zhang Minghui driving the car, the victim riding the e-bike, and the pedestrian walking.
Zhang Minghui is not the main responsibility, so how about the victim?
The e-bike rider was speeding, at a speed of twenty-seven kilometers per hour, which generally wouldn't be recognized as the main responsibility, so in Old Tang's view, the main responsibility lies with the person who ran the red light!
There might be some confusion whether this pedestrian, if taking the majority of the responsibility, constitutes a traffic accident crime.
The answer is of course, yes.
This is considered a little-known fact.
Although generally, the subjects of traffic accident crimes are transportation personnel, if a pedestrian, as a non-transportation person, violates traffic laws, causing a major traffic accident, the pedestrian constitutes a traffic accident crime!
This is stipulated in the "Supreme Court's Interpretation on the Specific Application of Legal Issues in the Trial of Traffic Accident Criminal Cases" Article 1:
If transportation personnel or non-transportation personnel violate traffic management regulations and cause a major traffic accident, based on the clear delineation of accident responsibility, and if it constitutes a crime, they shall be convicted and punished according to Article 133 of the Criminal Law.
Many first articles of such provisions are generally universal, but this one specifically lists non-transportation personnel, meaning that if ordinary people violate regulations and cause major accidents, they will still constitute a traffic accident crime!
There were such cases in past lives, indicating that the driving side cannot be harshly blamed.
Wait, it seems I'm thinking about sending someone in again...
No, I can't think about it like this, now I should first file a review of the traffic accident recognition.
The traffic accident recognition cannot be administratively reviewed or litigated because this action is not an administrative act.
The nature of the traffic accident recognition is somewhat like a forensic report, so in some civil or criminal cases, the lawyer will refute the recognition in the traffic accident recognition.
Because it's just a piece of evidence, the court can decide whether to adopt it based on the situation.
Criminal cases are still better.