Chapter 205
This moment.
There was a glimmer of light in everyone's eyes.
Especially Tian Huai beside Lin Hao.
He looked at Lin Hao as if he were a savior.
He was finally willing to move this giant Buddha!
On the judgment seat.
Chief Judge Jia Lian was extremely excited.
On the surface, he pretended to be calm.
"Lawyer Lin, please express your objection."
Lin Hao stood up and said meaningfully.
"Just now, the defendant's defense lawyer refuted all the charges we brought against the defendant!"
"We acknowledge that all of the counts we brought against the defendants were flawed to some degree."
"Strictly speaking, the existing evidence we have is not enough to determine the defendant's criminal facts."
"So why are we filing this lawsuit?"
"Let's investigate further and get a clearer picture of the case."
"Can't we find more solid evidence and then file a lawsuit in court?"
"I'll tell you no! Why?"
"Because the phenomenon like the defendant couple is not an isolated case, an earlier resolution of this case will reduce many unnecessary tragedies!"
"Therefore, on behalf of the prosecutor, I filed an application with the court. We request a special trial for the defendant couple!"
Lin Hao's words "Special Trial" came out.
The melon-eaters sighed one after another.
Right!
Cao Xun curled his lips at the defense table.
Sure enough, it’s this trick again!
On the prosecutor's bench.
Lin Hao continued.
"When I talk about phenomena like the defendant couple, I don't mean that the couple's quarrel affects the neighbors."
"It's about throwing things downstairs as casually as they do!"
"Such a phenomenon should be relatively common in our daily lives."
"Our urbanization is developing rapidly now, and most people live in high-rise buildings."
"It is extremely dangerous for people who live in high places to throw objects downstairs!"
"Our defendant today only lives on the second floor, and the injuries he caused were only minor injuries."
"But what if they live on a higher floor? The consequences would be disastrous!"
"Let's just imagine, when we walked out of the door of the unit, a potted plant suddenly fell from the sky. What would it be like?"
"No matter whether the owner of this potted plant is intentional or not, if it hits someone, it will definitely not be a trivial matter!"
"What's more, in real life, it is common to drop items at will at high altitudes!"
"Whether it's discarded items or domestic garbage, regardless of the impact on the environment, the danger to pedestrians below is real!"
"So I suggest that throwing objects from high altitudes should be punished!"
“Use the coercive power of criminal law to limit the occurrence of such incidents!”
After Lin Hao finished speaking, the audience nodded in agreement.
Lin Hao’s opinions are recognized.
At the defense table, Cao Xun disagreed.
"Sorry, I cannot agree with what Lawyer Lin said!"
"It is true that high-altitude parachutes are highly dangerous, but as long as high-altitude parachutes cause serious consequences, they will definitely be subject to criminal penalties!"
"Take this case as an example. If the defendant had no intention but caused serious injury or death, they would be guilty of negligent injury!"
"If the defendant had the intention to injure others, then they are guilty of intentional injury!"
"If the defendants live on the 28th floor, or if they throw more dangerous items like kitchen knives, then they will be guilty of endangering public safety in dangerous ways!"
"There are many cases like this!"
"Three months ago, a staff member threw an ashtray from the 29-story Wanghai Building in Guangshen City out of anger."
"Although no one was injured, it was ultimately found to be a crime of endangering public safety in a dangerous way!"
"In April this year, two people had a dispute in Xixia Province. One person hit the other person in the head with a brick on the third floor when the other person was going downstairs, causing him to die on the spot."
"The perpetrator was ultimately convicted of intentional homicide and sentenced to life imprisonment!"
"Last August, a bottle of iced black tea accidentally fell from a tower crane at a construction site in Pingbei District of this city."
"It happened to hit the head of a worker. Although the victim was wearing a safety helmet, it still caused some damage to the brain tissue."
"The tower crane was eventually found guilty of negligent causing serious injury!"
"These cases, without exception, all show that throwing objects from high altitudes is not impossible to pursue criminal responsibility!"
"There are many crimes in our country's criminal law that can punish the behavior of throwing objects from high altitudes."
"So Lawyer Lin's proposition of specifically setting up the crime of throwing objects from high altitudes is not necessary in my opinion!"
After listening to Cao Xun's argument.
Everyone felt it again.
It seems that what he said makes sense.
Everyone turned to look at Lin Hao.
I saw Lin Hao speaking calmly and confidently.
"What Lawyer Cao said is not wrong. Throwing objects from high altitudes is indeed a crime and punishable."
"But just because the guilty can be punished, it is obviously irresponsible to think that there is no need to specifically convict!"
"Lawyer Cao likes to give examples, so let me give you a few."
“In May of this year, in a community in Hedong Province, a potted plant naturally slipped from the balcony on the fourth floor and hit a passing resident on the shoulder.”
"Fortunately, this potted plant was grown in a plastic pot and the plant was small, so it only caused minor minor injuries."
"Since the owner of the potted plant had no intention of causing harm and did not cause serious injuries, he was not held criminally responsible."
"In July this year, a resident on the 26th floor of the Huanjing Community in Shanghai threw a household garbage bag from the 26th floor to the garbage station on the first floor because he was unwilling to go downstairs."
"As a result, the garbage bag was affected by the wind direction and happened to hit the head of a passerby in the aisle, causing him to suffer a slight concussion."
"Because there were no serious consequences, and the garbage bags were filled with light-weight garbage such as peel and paper scraps, the risk was not high."
"So the prosecutor's office finally made the decision not to prosecute."
"In November this year, a man in southern Yunnan Province had an argument with someone after drinking and threw a bottle of wine from the third floor."
"Since it was not hit, after the person involved called the police, the man only received criticism and education."
"But what I want to remind you is that the victims in these cases are actually the same as the victims in this case."
"They are unfortunate and lucky at the same time!"
"Let's just imagine, what if the potted plant on the fourth floor balcony in Hedong uses a ceramic pot?"
"Or maybe it wasn't the shoulder that was hit, but the head?"
What if the guy from Hedong threw down not just peelings and paper scraps from the 26th floor, but slightly heavier domestic garbage? "
"What if the wine bottle in southern Yunnan is hit?"
"The outcome may be a different story!"
"Everyone must not think that the chance is very small, just like the case we are trying today."
"Everyone, please look at the forehead of this mother on the witness stand. If the fragment had been lowered by two centimeters, her eyes would probably lose the light!"
"If this is the case, this case will become one of those tragic cases mentioned by Lawyer Cao!"
"I would like to ask everyone, do you hope that when a tragedy occurs, we will hold those perpetrators accountable?"
"No, criminal law is not necessarily about punishment after the fact, it can also be about prevention beforehand!"
Wow~~
Lin Hao hasn't finished speaking yet.
There was already a round of applause at the court hearing!
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