Lawyer
Chapter 644 Ming Xiu Plank Road Darkness Chen Cang
Chapter 644 Ming Xiu Plank Road Darkness Chen Cang
Two days later, Guo Wenzhi came to the detention center to meet with Xu Chungen again, and Guo Wenzhi told him the contents of Shi Dali's testimony.
In mid-March, the trial of Xu Chungen's theft case continued.After Xu Chungen learned of the content of Shi Dali's testimony, he continued to insist on the retraction made in the previous court session, and his retraction statement was not far from Shi Dali's testimony.
However, the three judges of the collegial panel in the first instance did not accept Shi Dali's testimony after deliberation, and sentenced Xu Chungen in court.
Afterwards, Xu Chungen refused to accept the judgment and appealed.
During the second trial, Xu Chungen's accomplice was arrested in another province, and he confessed that he and Xu Chungen jointly stole Wang Batie from the factory.The public security organ found Shi Dali to verify the situation, but Shi Dali couldn't bear the pressure, so he finally explained the testimony and put all the responsibility on Xu Chunming and Guo Wenzhi.
Afterwards, the public security organs summoned Xu Chunming and Guo Wenzhi. Xu Chunming saw that the matter was exposed, and only said that he had asked a lawyer to find Shi Dali to inquire about the case.
The case was then transferred to the procuratorate, who charged Guo Wenzhi with the crime of obstructing testimony and filed a public prosecution in the court.
The court held that during the period when the defendant Guo Wenzhi served as Xu Chungen's defender, in order to reduce Xu Chungen's theft from a huge amount to a relatively large amount and reduce Xu Chungen's criminal responsibility, he used the method of inducing questioning and enticing witnesses to give perjury. His behavior hindered the criminal proceedings The normal conduct of the case constitutes the crime of the defender obstructing the testimony.
In the end, the court sentenced defendant Guo Wenzhi to one year’s imprisonment in accordance with the provisions of Article [-], Paragraph [-] of the Criminal Law.
After the verdict was pronounced in the first instance, Guo Wenzhi refused to accept it and appealed to the Municipal Intermediate People's Court on the grounds of innocence.
Fang Yi quietly listened to Guo Wenzhi's narration. If Guo Wenzhi was wronged, his actions were indeed flawed. But if he wanted to say that Lawyer Guo committed a crime, Fang Yi felt that the prosecution's evidence was not so perfect.
"Lawyer Fang, I know that your professional level is higher than mine. You can help me think of a way. I really didn't want to hinder the criminal proceedings. I just thought there was an opportunity to reduce the sentence for the defendant and strive for the defendant's best interests, so I... ..., I was wronged." Guo Wen looked at Fang Yi with moist eyes.
He knew at the first sight of Fang Yi that his master, Director Du, had tried his best, and the lawyers in his team must not be optimistic about his case, otherwise, Director Du would not have asked for foreign aid.
"Well, I'll study the case again, don't worry, we are all in the same law firm, and I will do my best." Fang Yi nodded.
In the director's office of Wanhua United Law Firm, Fang Yi was drinking tea, but his expression was not relaxed.On the opposite side of him, Director Du and Director Wan looked at him calmly after listening to his analysis of the Guo Wenzhi case.
"Lawyer Fang, how sure are you of this case?" Director Du asked after thinking about it.
"This case, judging from the existing evidence, is very unfavorable to Guo Wenzhi, but it is not impeccable. Although the cross-examination of the case evidence in the first trial has been completed, all that needs to be said has been said, and there is no new evidence.
But only the testimony of the witness Shi Dali, other evidence is relatively weak, in this case, Guo Wenzhi's charges may not be settled.
And we can also defend from other angles, so this case still has a chance. "Fang Yi put down his teacup and said.
"Well, I have read the case files before, and the evidence is indeed against Guo Wenzhi. From what angle are you going to start?" Director Du asked with concern.
"I'm going to find a point of defense subjectively. Although we can't find any favorable points from the evidence, it is difficult for the procuratorate to prove that Guo Wenzhi intentionally obstructed the testimony. I am going to defend from this point of view." Fang Yi said with a serious face.
"Can this work?" Director Du Fang Yi was a little skeptical about what Fang Yi said. She had discussed the case with the criminal lawyers in her team before, and everyone agreed that the possibility of successful defense in this case was not high. The evidence presented is strong.
Regardless of whether it is a civil case or a criminal case, in a lawsuit, what is hit is evidence. It is like hitting a snake to hit seven inches.Unless there is a miracle!
"Criminal cases are different from civil cases. The defendant does not need to prove his innocence. The responsibility to prove the defendant's guilt lies with the prosecution, not the defense lawyer. Am I right?" Fang Yi looked at Director Du.
"Well, we all know this truth." Director Du and Director Wan nodded.
"The problem now is that the evidence submitted by the procuratorate is relatively complete, but of course it is not perfect, and there is another requirement for the crime of obstructing testimony, the defendant must have subjective intent.
So far, Guo Wenzhi has not admitted that he has the intention to obstruct the testimony, and he has always emphasized that Xu Chungen said that he was drinking with Shi Dali on the night of the incident, so he went to investigate and collect evidence.
Although there were some flaws in the procedure and the content of the interview during the investigation, these flaws may not necessarily confirm the charge of obstructing his testimony, nor may they prove that he has criminal intentions.There are other possibilities in this case.
The purpose of my defense is to magnify this reasonable possibility infinitely.Of course, there are certain risks in this, and there is also an element of luck. After Fang Yi finished speaking, he stared at the two directors and waited for their reply.
"Well, I think it's feasible." Wan Kefa nodded after listening.
"Okay, since there is no other better way, then let's do it this way." Director Du nodded and approved Fang Yi's defense plan.
"Okay, then I'll go back and prepare my defense. The second trial of Guo Wenzhi's case will start next Wednesday. Director Du, are you going to attend the hearing?" Fang Yi asked.
"It depends on the situation. If I have nothing to do next Wednesday, I will go and listen." Director Du smiled.
After Fang Yi left, Director Du picked up the teacup and was about to drink tea when he suddenly paused and turned to look at Wan Kefa: "Old Wan, where did you get Lawyer Fang?"
"You have to ask Lao Hua about this. He didn't want to dump it on me. To be honest, I didn't intend to ask for it at the time. He forced it to me. You must never mention this in front of Lao Hua. His blood pressure Not good!" Wan Kefa laughed and said, look at that, he looks like a cheap and obedient old fox.
"Cut! Don't play tricks on me. I won't tell Lao Hua. How about this? Lawyer Fang needs to know more about Guo Wenzhi's case. Let him stay in our team for a while and wait for this case." It's over..." In the middle of Director Du's words, Wan Kefa's eyes suddenly changed.
"Don't! Don't! My good fellow, I was almost taken into a ditch by you. Lao Hua was robbing me with preconditions, and you are Mingxiu plank road and secretly stealing Chencang.
Our brothers settle accounts clearly. Lawyer Fang is a partner of our law firm and a member of my team. You can't poach someone. "Wan Kefa stared, like a cat whose tail has been stepped on.
"Okay, look at how stingy you are! You won't even get seconded. The lawyers in my team let you choose, how about we have one-on-one seconded?" Director Du asked unwillingly.
"No talk! Absolutely not."
"I'll add another quota for you, think about it carefully..."
"No! I'm a small family, I can't afford to support too many people..."
I added two chapters tonight.Thank you for your support.
(End of this chapter)
Two days later, Guo Wenzhi came to the detention center to meet with Xu Chungen again, and Guo Wenzhi told him the contents of Shi Dali's testimony.
In mid-March, the trial of Xu Chungen's theft case continued.After Xu Chungen learned of the content of Shi Dali's testimony, he continued to insist on the retraction made in the previous court session, and his retraction statement was not far from Shi Dali's testimony.
However, the three judges of the collegial panel in the first instance did not accept Shi Dali's testimony after deliberation, and sentenced Xu Chungen in court.
Afterwards, Xu Chungen refused to accept the judgment and appealed.
During the second trial, Xu Chungen's accomplice was arrested in another province, and he confessed that he and Xu Chungen jointly stole Wang Batie from the factory.The public security organ found Shi Dali to verify the situation, but Shi Dali couldn't bear the pressure, so he finally explained the testimony and put all the responsibility on Xu Chunming and Guo Wenzhi.
Afterwards, the public security organs summoned Xu Chunming and Guo Wenzhi. Xu Chunming saw that the matter was exposed, and only said that he had asked a lawyer to find Shi Dali to inquire about the case.
The case was then transferred to the procuratorate, who charged Guo Wenzhi with the crime of obstructing testimony and filed a public prosecution in the court.
The court held that during the period when the defendant Guo Wenzhi served as Xu Chungen's defender, in order to reduce Xu Chungen's theft from a huge amount to a relatively large amount and reduce Xu Chungen's criminal responsibility, he used the method of inducing questioning and enticing witnesses to give perjury. His behavior hindered the criminal proceedings The normal conduct of the case constitutes the crime of the defender obstructing the testimony.
In the end, the court sentenced defendant Guo Wenzhi to one year’s imprisonment in accordance with the provisions of Article [-], Paragraph [-] of the Criminal Law.
After the verdict was pronounced in the first instance, Guo Wenzhi refused to accept it and appealed to the Municipal Intermediate People's Court on the grounds of innocence.
Fang Yi quietly listened to Guo Wenzhi's narration. If Guo Wenzhi was wronged, his actions were indeed flawed. But if he wanted to say that Lawyer Guo committed a crime, Fang Yi felt that the prosecution's evidence was not so perfect.
"Lawyer Fang, I know that your professional level is higher than mine. You can help me think of a way. I really didn't want to hinder the criminal proceedings. I just thought there was an opportunity to reduce the sentence for the defendant and strive for the defendant's best interests, so I... ..., I was wronged." Guo Wen looked at Fang Yi with moist eyes.
He knew at the first sight of Fang Yi that his master, Director Du, had tried his best, and the lawyers in his team must not be optimistic about his case, otherwise, Director Du would not have asked for foreign aid.
"Well, I'll study the case again, don't worry, we are all in the same law firm, and I will do my best." Fang Yi nodded.
In the director's office of Wanhua United Law Firm, Fang Yi was drinking tea, but his expression was not relaxed.On the opposite side of him, Director Du and Director Wan looked at him calmly after listening to his analysis of the Guo Wenzhi case.
"Lawyer Fang, how sure are you of this case?" Director Du asked after thinking about it.
"This case, judging from the existing evidence, is very unfavorable to Guo Wenzhi, but it is not impeccable. Although the cross-examination of the case evidence in the first trial has been completed, all that needs to be said has been said, and there is no new evidence.
But only the testimony of the witness Shi Dali, other evidence is relatively weak, in this case, Guo Wenzhi's charges may not be settled.
And we can also defend from other angles, so this case still has a chance. "Fang Yi put down his teacup and said.
"Well, I have read the case files before, and the evidence is indeed against Guo Wenzhi. From what angle are you going to start?" Director Du asked with concern.
"I'm going to find a point of defense subjectively. Although we can't find any favorable points from the evidence, it is difficult for the procuratorate to prove that Guo Wenzhi intentionally obstructed the testimony. I am going to defend from this point of view." Fang Yi said with a serious face.
"Can this work?" Director Du Fang Yi was a little skeptical about what Fang Yi said. She had discussed the case with the criminal lawyers in her team before, and everyone agreed that the possibility of successful defense in this case was not high. The evidence presented is strong.
Regardless of whether it is a civil case or a criminal case, in a lawsuit, what is hit is evidence. It is like hitting a snake to hit seven inches.Unless there is a miracle!
"Criminal cases are different from civil cases. The defendant does not need to prove his innocence. The responsibility to prove the defendant's guilt lies with the prosecution, not the defense lawyer. Am I right?" Fang Yi looked at Director Du.
"Well, we all know this truth." Director Du and Director Wan nodded.
"The problem now is that the evidence submitted by the procuratorate is relatively complete, but of course it is not perfect, and there is another requirement for the crime of obstructing testimony, the defendant must have subjective intent.
So far, Guo Wenzhi has not admitted that he has the intention to obstruct the testimony, and he has always emphasized that Xu Chungen said that he was drinking with Shi Dali on the night of the incident, so he went to investigate and collect evidence.
Although there were some flaws in the procedure and the content of the interview during the investigation, these flaws may not necessarily confirm the charge of obstructing his testimony, nor may they prove that he has criminal intentions.There are other possibilities in this case.
The purpose of my defense is to magnify this reasonable possibility infinitely.Of course, there are certain risks in this, and there is also an element of luck. After Fang Yi finished speaking, he stared at the two directors and waited for their reply.
"Well, I think it's feasible." Wan Kefa nodded after listening.
"Okay, since there is no other better way, then let's do it this way." Director Du nodded and approved Fang Yi's defense plan.
"Okay, then I'll go back and prepare my defense. The second trial of Guo Wenzhi's case will start next Wednesday. Director Du, are you going to attend the hearing?" Fang Yi asked.
"It depends on the situation. If I have nothing to do next Wednesday, I will go and listen." Director Du smiled.
After Fang Yi left, Director Du picked up the teacup and was about to drink tea when he suddenly paused and turned to look at Wan Kefa: "Old Wan, where did you get Lawyer Fang?"
"You have to ask Lao Hua about this. He didn't want to dump it on me. To be honest, I didn't intend to ask for it at the time. He forced it to me. You must never mention this in front of Lao Hua. His blood pressure Not good!" Wan Kefa laughed and said, look at that, he looks like a cheap and obedient old fox.
"Cut! Don't play tricks on me. I won't tell Lao Hua. How about this? Lawyer Fang needs to know more about Guo Wenzhi's case. Let him stay in our team for a while and wait for this case." It's over..." In the middle of Director Du's words, Wan Kefa's eyes suddenly changed.
"Don't! Don't! My good fellow, I was almost taken into a ditch by you. Lao Hua was robbing me with preconditions, and you are Mingxiu plank road and secretly stealing Chencang.
Our brothers settle accounts clearly. Lawyer Fang is a partner of our law firm and a member of my team. You can't poach someone. "Wan Kefa stared, like a cat whose tail has been stepped on.
"Okay, look at how stingy you are! You won't even get seconded. The lawyers in my team let you choose, how about we have one-on-one seconded?" Director Du asked unwillingly.
"No talk! Absolutely not."
"I'll add another quota for you, think about it carefully..."
"No! I'm a small family, I can't afford to support too many people..."
I added two chapters tonight.Thank you for your support.
(End of this chapter)
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