Lawyer

Chapter 647 Can't afford to treat guests, what a shame!
"Based on the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

According to the first paragraph of Article [-] of the "Criminal Law", the crime of defenders obstructing testimony refers to the defender destroying or falsifying evidence in criminal proceedings, helping the parties destroy or falsify evidence, threatening or inducing witnesses to change testimony contrary to the facts or to testify. act of perjury.

In addition, according to Article 30 of No. [-] of the Criminal Procedure Law, the responsibility of the defender is to submit materials and opinions proving the innocence of the criminal suspect or the defendant, the minor crime or the reduction or exemption of criminal responsibility based on the facts and the law. The legitimate rights and interests of criminal suspects and defendants.

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

Of course, it is easy for ordinary people to understand that lawyers take money to do things, and in order to make money, they will use any means to exonerate the defendant and reduce their guilt.

But in fact this is not the case. A lawyer's positive behavior is to fulfill his duty, which is the lawyer's duty.Should the lawyer, after accepting the client's entrustment, sit in the law office all day drinking tea and counting the money, instead of looking for evidence in favor of the defendant for the benefit of the defendant so that the defendant can get a fair verdict? !Is it wrong for lawyers to be active in their work?Obviously the answer is no.

Therefore, it is one-sided to infer the defender's subjective intent based on his positive attitude in investigating and collecting evidence and certain evidence-collecting behaviors, which is not enough to win credibility, nor can it be used as a basis for judging criminal cases.

In judicial practice, although it is inappropriate to exempt defenders from legal liability for all misconduct in the performance of their duties, improperly expanding the scope of legal responsibilities that defenders should bear will inevitably limit or even deprive defenders of their right to defend in a disguised form, thus hindering the defense. Lawyers perform their duties.

In summary, the defender believes that the appellant's behavior and positive attitude in Xu Chungen's theft case cannot prove his subjective intent.complete. " Fang Yi replied.

Fang Yi's response was a bit cruel, comparing the female prosecutor opposite to ordinary people and non-legal people, this is the way civilized people insult people (swearing without swearing), it is tantamount to telling the two ladies opposite, you If you don't understand the law, don't be fooled.

The two female prosecutors on the opposite side naturally heard Fang Yi's subtext, and their faces were ugly for a while, their stomachs were full of anger, and they couldn't let it out. It was uncomfortable to hold back.

Although everyone in the auditorium didn't speak, their hearts were churning. Attorney Fang's mouth can really speak, dare to speak, and what he speaks is really invigorating!However, what the girl on the opposite side said is really annoying. If a lawyer is active in his work, he has the intention of obstructing the testimony and participating in the falsification of evidence. This statement is too bold, and I simply leave the court to you.

Although lawyers are a disadvantaged group (relatively speaking), they also have their own dignity (although this dignity is very weak in front of big clients).Lawyers express their defense opinions in court, not only to make ends meet, but also to promote the progress of the legal system. For the stubbornness that has been buried deep in the bottom of my heart, it is worthwhile for lawyers to speak in court even if they can play a little role.

……

After a 10-minute adjournment, members of the collegial panel walked into the courtroom again, and the presiding judge announced the verdict in court.

After the trial, the Intermediate People's Court held that the evidence of the fact that the appellant Guo Wenzhi induced perjury during the investigation of the witness Shi Dali in the original judgment was only the testimony of Shi Dali, and lacked the evidence of other people present at the time.The appellant Guo Wenzhi denied this section after he was brought to justice and during the first and second instance trials, so it was determined that the factual evidence for this section was insufficient.

The other facts found in the original judgment are established, but it is difficult to find that the appellant Guo Wenzhi has the direct intention of hindering the testimony based on the existing evidence and proven facts.The factual evidence found in the original judgment was insufficient.

The final judgment of the intermediate court: [-]. Revoke the criminal judgment of the original people's court; [-]. The appellant Guo Wenzhi was not guilty.

"Wow grass, I'm really not guilty!" In the auditorium, among the lawyers brought by Director Du, a male lawyer in his thirties expressed his surprise directly in the form of foul language after hearing the verdict.

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

After Fang Yi finished signing the transcript and walked out of the gate of the court, Director Du opened the door and got out of the Mercedes Benz outside the gate, beckoning to him.Fang Yi walked over quickly.

"Director Du, what's the matter?" Fang Yi asked with a tired smile.

"Good job. I owe you a favor. Just call me if you have anything to do, and I will help you. I hope we will have a long-term cooperation opportunity in the future." After speaking, Director Du put on his sunglasses and got in the car.The Mercedes-Benz drove slowly away from the roadside.

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

Fang Yi took out his mobile phone and looked at it. There was a missed call, which was from Li Mingbo.Fang Yi dialed back.

"Hello? Lawyer Li, I'm Fang Yi. The court session was held just now. I didn't hear the phone on silent. What's the matter?" Fang Yi didn't know what he was doing on the phone, so he asked.

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

"Remember, what's the matter? You went to interview him?" When Li Mingbo mentioned Zhou Shen, Fang Yi instantly understood that Li Mingbo must have interviewed Zhou Shen.

"Ah, I went. Attorney Zhou is very nice. He told me that the branch office is being registered during this period. Let me come to the city to adapt to the environment first, do some non-litigation work first, review the contract, and answer questions about the company. Fang’s consultation, after a few days the procedures of the branch office are completed, and I will transfer the procedures.” Li Mingbo smiled like a flower.

"Have you talked about salary?" Fang Yi was afraid that Li Mingbo would be happy with his patronage, so he forgot to talk about salary.

"Let's talk. During this period of time, Attorney Zhou will pay me according to the company's legal standard. After the relationship with the lawyer is transferred, I will pay the lawyer. The benefits are pretty good." If Fang Yi saw Li Mingbo's expression at this time, His jaw would definitely drop in shock, Lee Myung-bak is smiling all over his face now.

"This is a good thing, congratulations! Congratulations! Come and sit with me when you have time, and I will treat you to dinner." Fang Yi smiled.

"Farewell, I invite you. You helped me solve my work problem. This is a big deal. I must thank you very much. You can choose any restaurant in the city. . . , I will make arrangements in the next few days, and I will start working at Lawyer Zhou's office next week." After speaking, Li Mingbo hung up the phone.

After putting away his mobile phone, he sat on the long-distance bus back to the county and wondered if what he said just now was a bit big. It would cost a lot of money to invite someone to eat at the best restaurant in the city. If he couldn’t go back, he would find a wife first Pay some living expenses in advance, or you won't be able to pay for the treats, what a shame!

(End of this chapter)