Chapter 410 Chapter 428 Chapter 429 (Merge Chapter) Playing the Piano against the Cow

Author: Snow Yinghong Plum

Chapter 410 Chapter 428 Chapter 429 (Merge Chapter) Playing the Piano against the Cow

Zhao Yun knew that Wei Saner had a lot of debts outside, and there were definitely not a few creditors who knew that he had real estate. If the buyer gave the money and completed the transfer procedures for the property, he probably wouldn't get much money. The worst thing was that his debts had not been confirmed by the court. Even if the bank sued Wei Saner in court, he would not be able to join the division.

At this time, his experience as a legal worker played a role, so he discussed with Wei Saner to forge a promissory note and write more of the loan amount. As for the purpose of the loan, he asked Wei Saner to compile one casually so that he could use it in the future when he sued on the grounds of private lending. After defrauding the court's judgment documents, he applied for the forced execution of the auction house and participated in the distribution. After obtaining the auction money, the two distributed it proportionally.

A month later, Zhao Yun filed a civil lawsuit with the county people's court on the grounds that Wei Saner had not returned the loan of 249,000 yuan due to business operations, and demanded that Wei Saner return the loan. Wei Saner admitted the facts of the loan in court and agreed to mediation.

In court, the county court made a civil mediation letter regarding the private lending dispute between Zhao Yun and Wei Saner, confirming that Wei Saner should repay Zhao Yun’s loan and interest totaling 251,000 yuan.

More than half a month later, Zhao Yun applied for execution to the county people's court, and then the county people's court made an execution ruling, seizing the house and land use rights of Wei Saner in an old community in the county, and began to go through the auction process.

Originally, everything went smoothly according to Zhao Yun's plan, but who knew that just last year, the county court suddenly initiated the trial supervision procedure for the private lending dispute between Zhao Yun and Wei Saner, and the county people's court made a civil ruling and decided to retrial the case.

During the retrial, Zhao Yun was afraid that the false litigation would be exposed, so he instructed Wei Saner to provide false loan certificates to the court. Later, during the trial, the county people's court found that Zhao and Wei were suspected of false litigation, and then transferred the case to the county public security bureau for investigation.

The county public security bureau immediately summoned Zhao Yun and Wei Saner. Wei Saner had been dealt with for gambling before and was afraid of the police. As soon as he entered the police station, he was weak, so when the police asked him, he would ask all the beans to pour in bamboo tubes. Wei Saner had confessed. Zhao Yun knew that he could not escape and had to admit that he had forged evidence and false litigation.

After the investigation was completed, the county public security bureau transferred the case file to the county procuratorate. After review and prosecution, the county procuratorate filed a public prosecution with the county people's court for the crime of credit card fraud and the crime of helping forge evidence, and the defendant Zhao Yun committed the crime of obstructing testimony.

"Lawyer Fang, I don't think I am guilty of obstructing testimony, it is a crime of forging evidence. The charges charged by the procuratorate are wrong.

You see, Wei Saner and I colluded to forge loan agreements and filed a false civil lawsuit, which led to the court's erroneous ruling. Both of us are parties to the litigation case. Our actions are mutually helpful for forging evidence, and should constitute a joint crime of helping forging evidence. How could I constitute the crime of obstructing testimony? "Zhao Yun thought what he said was very informed and well-founded.

Fang Yi understood why he said this in his heart, and there were two possibilities: one was that the crime of helping forge evidence and the crime of obstructing testimony was a serious crime, and Zhao Yun did not want to be considered a serious crime; the other was that Zhao Yun did not understand the difference between the two crimes, and was completely self-righteous.

Fang Yi is good at criminal cases, so naturally he will not play a game of stealing the bell with him. If Zhao Yun really doesn't know the difference between the two charges, Fang Yi doesn't mind taking this opportunity to publicize the law.

"These two crimes are indeed difficult to distinguish in judicial practice, but there are still obvious differences between the two crimes. I personally believe that the key to distinguishing the crime of obstructing testimony from helping forge evidence lies in whether you directly obtain benefits from false litigation." Fang Yi said.

"How to explain this...?" Zhao Yun looked at Fang Yi in confusion.

"According to Article 307 of the Criminal Law, if a witness is prevented from testifying or instructing others to commit perjury by violence, threats, bribery, etc., it constitutes the crime of obstructing testimony and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The objects protected by ‘crime of obstructing testimony’ and ‘crime of helping forge evidence’ are both normal order of litigation activities, and the perpetrators are subjectively intentional. However, the subjects of the two crimes are different from objectively:

1. The criminal subjects are different

The subject of the crime of obstructing testimony can be the parties to the litigation (plaintiff, defendant, etc.), or other people who have interests in the parties, such as the relatives of the parties or the person instructed by the relatives of the parties (this scope is relatively broad).

The subject of the crime of helping forge evidence is usually a person other than the parties to the litigation and may not necessarily have a interest in the parties to the case. It may be the other party instructed by one party to the litigation.

The so-called "help" in the crime of "helping forgetting evidence" mainly refers to preparing tools for the parties involved to destroy, forge evidence, provide advice, strengthening their destruction, and forging evidence confidence.

In judicial practice, there are two situations generally occur during false litigation:

One is that one party infringes on the legitimate interests of the other party by instructing others to forge evidence. In this case, the act of instructing others to commit perjury by one party in the lawsuit constitutes the crime of obstructing evidence, and the person who helps him forge evidence can only be someone other than the party in the lawsuit, which constitutes the crime of helping forge evidence.

Another type is that both parties maliciously collude to jointly infringe on the legitimate interests of third parties. This situation is more complicated. Both parties may commit acts of instructing the other party to commit perjury or helping the other party to forge evidence. There may be situations where the "others" in instructing others to make perjury and the "party" in helping the party to forge evidence.

According to the provisions of the Criminal Law on the crime of helping forge evidence, the perpetrator of the crime can only be the person who helps the parties realize illegal interests, and cannot be the person who performs the act for himself to profit directly from the judgment results of the case.

Of course, asking someone to help forge evidence and give the other party certain remuneration or other benefits is not considered a direct profit from the case, but helping the parties to obtain benefits, which is consistent with the subject characteristics of the crime of helping forge evidence.

Going back to your case, you said just now that under normal circumstances, your debt rights are difficult to realize, but in order to realize the debt rights and allocate the debt more, you conspired with Wei Saner to participate in the distribution of the value of the house auction through false litigation.

Therefore, you are a seeker of interest in false litigation. Wei Saner cannot directly obtain benefits in litigation, but to cooperate with you to realize evidence of the forgery of the creditor's rights.

So I think you are the pursuer and recipient of illegal interests and are in line with the subject characteristics of the crime of obstructing testimony. Wei Saner only helps you realize your creditor's rights and is in line with the subject characteristics of the crime of helping forge evidence." Fang Yi looked at Zhao Yun after saying that.

"Then...what is the object you mentioned?" Zhao Yun looked ignorant and looked suspicious, and his heart was cold.

"Two, the crime is objectively different

The crime of obstructing testimony generally has two forms: one is to prevent witnesses from testifying; the other is to induce others to commit perjury.

The objective form of the crime of helping forge evidence is to help the parties forge evidence. The scope of evidence is relatively wide, including documentary evidence, physical evidence, audio-visual materials, appraisal opinions, etc. The helping act can be forged in partnership or forged alone, and then provided to the parties for use.

In the process of false litigation, the objective manifestation of the crime of obstructing testimony mainly refers to making others perjury, sometimes means making others false testimony; sometimes means making others for making false evidence and providing it to the court, and providing false testimony. Therefore, instructing others for making evidence and instructing others for making false testimony often occur at the same time. Both are the behavioral methods of "instructing others for making false testimony" stipulated in the Criminal Law.

In the process of false litigation, the crime of helping forge evidence is an objective manifestation of being instructed to help the parties forge other evidence such as false testimony.

In this case, your act of instructing Wei Saner to forge an IOU and provide false statements to the court are all acts of instructing others to commit perjury, which is in line with the objective characteristics of the crime of obstructing testimony.

At the same time, you also participate in the act of forging evidence for your own interests, but this act is a means of instructing Wei Saner to commit perjury to the court, and has been absorbed by the crime of obstructing testimony, so I think you constitute the crime of obstructing testimony.

Wei Saner's act of forging IOU by you is instructed to forge IOUs is a matter of helping you forge evidence and is in line with the objective characteristics of the crime of helping forge evidence. However, Wei Saner's act of providing false statements to the court does not constitute a crime."

Fang Yi said this, Zhao Yun suddenly interrupted him: "Why do I constitute a crime? His false statement to the court is not enough to be a crime? Why?"

In Zhao Yun's opinion, everyone is two grasshoppers on a rope. I, Zhao Yun, commit crimes, you, Wei Saner, don't even think about hiding. It will be fair for everyone to suffer together, and he feels balanced in his heart.

Fang Yi looked at him and understood what he thought: "What I said just now does not constitute a crime, it is just evaluating Wei Saner's behavior of perjury in court, and it does not constitute a crime. It is not evaluating his behavior of forging evidence for you. I am looking at his behavior separately.

The Criminal Law clearly stipulates that perjury is only committed in criminal proceedings. He is perjury committed in private lending disputes. Perjury occurs in civil proceedings and does not constitute a crime, but will be subject to administrative penalties such as detention and fines.

Wei Saner cooperates and helps you to obtain benefits through false litigation, which is consistent with the subject characteristics of the crime of helping forge evidence, and also has the act of helping you forge evidence. In addition, he also uses the disappearance to evade credit card collection. Therefore, he is likely to constitute the crime of helping forge evidence and credit card fraud."

"Oh, that's it!" Zhao Yun felt much more relieved after hearing Fang Yi say this.

However, Zhao Yun was still a mess about what Fang Yi said about the relatively theoretical content. As a legal worker with few ideals, limited professional abilities, and no ambition, he usually comes into contact with civil cases with family matters, and he doesn't even look at criminal cases. In addition, he has been focusing on his mistakes over the years and has not focused on his business. His business is basically abandoned, so he naturally cannot listen to so many criminal law theories.

Fang Yi could see that he overestimated Zhao Yun's professional ability. He had spent so much talk just now, and the whole pair of cows played the piano, so it would be better to tell him directly what the crime might be.

But since they asked this, it was my obligation to provide legal advice. If it didn't make it clear, Fang Yi always felt awkward in his heart. He was disgusted and he was disgusted. So... he was better than not talking about the bull's piano, at least he felt comfortable. As for how much the other party could understand, it depends on him.

In the afternoon, Fang Yi went to the county procuratorate to review the case and communicated with the procuratorate for more than half an hour. Judging from the prosecutor's opinion, there is a tendency to suggest a heavy sentence in this case!

After returning from the procuratorate, Fang Yi sorted out Zhao Yun’s case, sorted out all the problems, and then called Zhao Fengxiang to come to the law firm the next day for an interview.

When the lights first started, Fang Yi stretched and suddenly remembered that there was a day when he had not gone to the glory, so he called Li Shuming to ask him to drink and take a bath.

Li Shuming told him that there was a drink party in the evening, and it would probably take two or three o'clock in the morning if it was broken. Maybe it would take all night. There were Qingdao beer and white wine in the office, so he asked him to do it himself and not wait for him.

Fang Yi was thinking about what to do after taking a bath when he suddenly saw a fat old man walking over slowly.

"Boss, are you discharged from the hospital?" Fang Yi looked at Wan Kefa who was walking over in shock.

"Don't yell, I'll come back to compensate for some ammunition." Wan Kefa looked around immediately as if he was a thief. Fortunately, everyone in the team had already got off work at this time, and there were only a few overtime lawyers working hard at the far station.

"What ammunition?" Fang Yi stood up and asked in surprise.

Wan Kefa raised his right hand and made a drinking posture like a thief. Fang Yi instantly realized that this old man was greedy for wine and sneaked out!

After packing up the case files on the table, Fang Yi put on her coat and was about to take a bath in Huihuang. Wan Kefa came out of the office and came to Fang Yi and whispered: "Xiao Fang, are there any activities to do in the evening?"

Fang Yi was stunned and immediately reacted: Could this fat old man want to pull himself to drink with him? I'll go! The boss's wife has already hit her once before, so the fire pit can't jump anymore!

"If there is an event, I want to go to the glory." Fang Yi replied immediately.

"Oh?! Huihuang is a good place. I didn't have dinner. Give you a chance to make up for your merits and invite me to Huihuang for a bath." Wan Kefa said arrogantly.

"It's okay to take a bath, but it's all a vegetarian bath, without meat or wine." Fang Yi looked at the fat old man in front of him and said.

"Trade!" After Wan Kefa said that, he turned around and walked towards the office, muttering as he walked: "I am so old, I have never seen anything before. I have a simple bath and a clean bath."

When he went downstairs, Fang Yi's eyes turned around on Wan Kefa, thinking in his mind: Where did this fat old man hide the wine? Seeing that he had empty hands, his pocket was cramped, and his mouth was not smelly of alcohol. The old guy wouldn't have treasures like the "storage bag" in Xianxia novels!
Chapter completed!