Chapter 647 It’s so embarrassing to be unable to afford the money for a guest!

Author: Snow Yinghong Plum

Chapter 647 It’s so embarrassing to be unable to afford the money for a guest!

“Based on the prosecutor’s defense opinion and response, the defense lawyer has made the following defense opinion:

According to the provisions of Article 306, paragraph 1 of the Criminal Law, the crime of obstructing testimony refers to the act of the defense lawyer destroying, forging evidence, helping the parties to destroy, forging evidence, threatening, and luring witnesses to change their testimony or commit perjury in a criminal lawsuit.

In addition, according to Article 35 of the Criminal Procedure Law, the responsibility of the defense lawyer is to propose materials and opinions to prove that the suspect, the defendant is innocent, the crime is light or reduced, and to exempt him from criminal liability based on facts and laws, so as to safeguard the legitimate rights and interests of the suspect and defendant.

According to the above provisions, after accepting the entrustment of the parties, the lawyer needs to actively carry out his work and obtain evidence in favor of the defendant based on the facts of the case.

Of course, this can easily make ordinary people understand that lawyers use money to do things, and in order to make money, they use any means to excuse the defendant and reduce the guilt, which makes it easier for non-legal persons to mistakenly believe that the defense lawyer has participated in the act of forging evidence and other acts that hinder testimony.

But in fact, this is not the case. The lawyer's active behavior is for the sake of duty. This is the responsibility of the lawyer. After accepting the entrustment of the client, the lawyer should sit in the law firm to drink tea and count money all day long, and cannot find evidence that is beneficial to the defendant for the benefit of the defendant, so that the defendant can obtain a fair judgment?! Is it wrong to be more active in the lawyer's work? Obviously the answer is no.

Therefore, it is one-sided to infer the defense lawyer's subjective intention based on the defense lawyer's positive attitude towards investigating and collecting evidence and certain evidence-based behaviors to infer the defense lawyer's subjective intentions, which are one-sided and cannot be used as the basis for judging criminal cases.

In judicial practice, although it is inappropriate to exempt the defense lawyer from the legal liability for all misconduct in performing his duties, inappropriately expanding the scope of legal liability for the defense lawyer to bear will inevitably limit, or even deprive the defense lawyer of the right to exercise his defense, thereby hindering the lawyer from performing his duties.

In summary, the defense lawyer believes that the appellant's behavior and positive attitude in the Xu Chungen theft case cannot prove that he has subjective intention. It is finished." Fang Yi responded.

Fang Yi's response was a bit harsh, comparing the female prosecutor on the opposite side with ordinary people and non-legal people. This is a way for civilized people to insult people (swear without spitting dirty words), which is equivalent to telling the two ladies on the opposite side that if you don't understand the law, don't mess around.

The two female prosecutors on the opposite side naturally heard Fang Yi's subtext. For a moment, their faces looked ugly, their stomachs were full of anger, and they couldn't let it go, which made them feel so uncomfortable.

Although everyone in the audience did not speak, their hearts were full of turmoil. Lawyer Fang's mouth was really good, he was really bold, and he was really angry! However, the girl on the other side was really angry. The lawyer was more active in his work and had the intention to testify and participate in the forgery of evidence. This statement is too bold, so I might as well give you all the court.

Although lawyers are a vulnerable group (relatively speaking), they also have their own dignity (although this dignity is powerless in front of large clients). Lawyers express defense opinions in court not only for life, but also for promoting the progress of the legal system, and for a little bit of stubbornness that has been buried deep in their hearts, it is worth it even if the lawyer's speech in court can play a little role.

...

After ten minutes of adjournment, members of the collegial panel walked into the court again, and the presiding judge announced the verdict in court.

After trial, the Intermediate Court held that the original judgment was based on evidence that the fact that the appellant Guo Wenzhi induced him to perjury when investigating the witness Shi Dali was investigated, and only Shi Dali's testimony lacked evidence from other people present at that time. Appellant Guo Wenzhi denied this section after he returned to the case and during the first and second trials, so the factual evidence of the section was found to be insufficient.

Other facts determined by the original judgment are valid, but based solely on the existing evidence and proven facts, it is difficult to determine that the appellant Guo Wenzhi subjectively had direct intention to hinder testimony. The facts determined by the original judgment are insufficient.

The final judgment of the Intermediate People's Court: 1. The criminal judgment of the original People's Court was revoked; 2. The appellant Guo Wenzhi was not guilty.

"The sacrificial girl is really acquitted!" In the audience, among the lawyers brought by Director Du, a male lawyer in his thirties expressed his surprise in the form of swearing after hearing the verdict.

Guo Wenzhi in the dock was handcuffed and stood up. He looked at Fang Yi, his eyes full of gratitude.

After Fang Yi signed the transcript and walked out of the court gate, Director Du opened the door and waved to him in the Mercedes-Benz car outside the gate.

"Director Du, is there anything wrong?" Fang Yi asked with a tired smile.

"I did a good job. I owe you a favor. Call me directly if you have something to do, and I will definitely help you. I hope we will have a long-term cooperation opportunity in the future." After saying that, Director Du put on his sunglasses and got into the car. The Mercedes-Benz slowly drove off the side of the road.

Fang Yi looked at the Mercedes-Benz that was gradually moving away and thought to himself: Long-term cooperation! What does this mean? Poaching!

Fang Yi took out his cell phone and took a look. There was a missed call from Li Mingbo. Fang Yi dialed it back.

"Hey? Lawyer Li, we Fang Yi, the trial was just now, but I didn't hear the phone was silent. Is there anything wrong?" Fang Yi asked if he didn't know what happened to him on the phone.

"It's nothing. Do you still remember the lawyer Zhou Shenzhou you introduced to me before?" Li Mingbo said excitedly.

"Remember, what's wrong? Did you go to interview him?" When Li Mingbo mentioned Zhou Shen, Fang Yi instantly understood that it must be Li Mingbo who went to interview Zhou Shen.

"Ah, I'm here. Lawyer Zhou is very good. I told me that the branch office is registering during this period. I asked me to come to the city first to adapt to the environment, do some non-litigation work first, review the contract, and answer the company's consultation. After a few days, I will transfer the procedures." Li Mingbo's face smiled like a flower.

"Have you talked about salary and benefits?" Fang Yi was afraid that Li Mingbo would be happy to be so lucky that he forgot to talk about the salary.

"I've talked about it. During this period, Lawyer Zhou paid me a salary according to the company's legal standards. When the lawyer's relationship is transferred, he will be treated as a lawyer. The benefits are quite good." If Fang Yi saw Li Mingbo's expression at this time, he would definitely be shocked. Li Mingbo's face is now full of teeth.

"This is a good thing, congratulations! Congratulations! Come to my place when you have time and I will treat you to a meal." Fang Yi smiled.

"No, I ask you, you helped me solve my work problem. This is a big deal. I must thank you very much. I will choose the restaurants in the city....Okay, you can do it first. I am on my way back to the county. I will make arrangements in the past few days and start working at Lawyer Zhou next week." After saying that, Li Mingbo hung up his phone.

After putting away his phone, he sat on a long-distance bus back to the county and wondered if what he said just now was a bit big. He asked someone to have a meal at the best restaurant in the city, which would cost a lot of money. If he couldn't go back, he would first find his wife to advance the living expenses. Otherwise, it would be embarrassing to treat the guests and not be able to pay!
Chapter completed!