Lawyer's character

On the night they received the case file materials, Li Yong and Li Youpeng sent Li Mingbo back to the hotel, and then went home to read in detail the evidence materials related to Li Wen's corruption case and conduct research.

Li Youpeng was eager to save his father, and with Li Yong's help, he made a private copy of the dossier materials. The next day, Lee Myung-bak returned to the law firm with the case file materials. Li Youpeng contacted the witnesses involved in the case file one by one and did some work.

Three days later, Li Mingbo came to Yu Province again and asked Li Yong to find relevant witnesses to verify the situation, investigate and collect evidence, and asked him to help drive to find relevant witnesses according to the address.

Li Yong happened to have something to do that day, so he handed over the task of leading the way to his nephew Li Youpeng. Li Youpeng was naturally familiar with the road and quickly found several witnesses involved in the case.

Several witnesses cooperated very well with Lee Myung-bak's investigation and evidence collection and issued certificates to him. Lee Myung-bak originally thought that the investigation and evidence collection would be very difficult, but he did not expect it to be so smooth. What made him even more unexpected was that the certificates issued to him by the witnesses were all false certificates calculated in advance with Li Youpeng.

Soon after, Li Wen's corruption case was heard in public. During the trial, after Li Myung-bak presented false testimony and certificates from the witnesses involved in the case, the public prosecution agency felt that something was fishy, ​​so they proposed to the court to postpone the trial and decided to add reconnaissance.

After investigation by prosecutors, it was discovered that the defendant's son, Li Youpeng, had approached witnesses involved in the case before the trial, showed them some of the contents of the case file, and coerced and induced them to tamper with the certificates.

Soon the public security organs arrested the defendant Li Wen's son Li Youpeng for the crime of obstructing testimony. Li Youpeng confessed that it was the criminal case file shown to him by Li Wen's defense lawyer Li Mingbo, and he found the witness according to the case file.

Soon, the public security organs captured Li Mingbo. After verification by the Provincial State Secrecy Bureau and the Municipal State Secrecy Bureau, the dossier materials on Li Wen's corruption case that Li Mingbo asked Li Youpeng to see were classified state secrets.

Subsequently, the County Procuratorate filed a public prosecution in the County Court charging the defendant Lee Myung-bak with the crime of intentionally leaking state secrets. When Son Zhengyi saw that his lawyer was arrested, he quickly appointed Zhao Zhongcheng to defend Lee Myung-bak, and then comforted Lee Myung-bak's wife.

Soon the case of Lee Myung-bak intentionally leaking state secrets came to trial, and the verdict was pronounced in court. The court of first instance held that the defendant Lee Myung-bak, as a staff member of a state agency, used his unique identity and authority as a lawyer to leak the state secrets he knew after becoming aware of secret materials related to the investigation of criminal crimes while being entrusted by the defendant's family to serve as a defender. To the defendant's family members who should not know, it caused serious consequences that the criminal defendant's family members took the initiative to find witnesses to give false testimony, seriously disrupting normal litigation activities, and the circumstances were serious. His behavior constituted the crime of intentionally leaking state secrets. In accordance with the provisions of Article 398, Paragraph 1, of the Criminal Law of the People's Republic of China, the court found the defendant Li Myung-bak guilty of intentionally leaking state secrets and sentenced him to one year in prison.

Li Mingbo looked at Fang Yi with a look of grievance and confusion on his face and said: "Lawyer Fang, I don't understand. I failed the civil service exam several times before and became a lawyer because I really had no choice.

I never received a penny from the county. On the contrary, I almost canceled my lawyer license and started selling it. Why did the court suddenly consider me a public servant? "

"Lawyer Li, let's hand over the appeal petition first and start the second instance process. After the case file reaches the second instance court, I will go back to review the file. Then I will come back and tell you the litigation plan." Fang Yi handed the appeal petition to you. Lee Myung-bak.

Seeing Li Mingbo in prison, Fang Yi didn't know how to comfort him. As the saying goes, "Don't persuade others to be good without their suffering." At this moment, any words of advice are useless. The only way is to find a way to comfort Li Mingbo. The right way is to fish it out with a lawyer.

After leaving the detention center, Fang Yi stood on the roadside, involuntarily took out a cigarette, lit it, took a deep breath, and then slowly spit it out.

Fang Yi's mentor once warned him that he must be careful when investigating and collecting evidence in criminal cases. If it is not key evidence, it is best not to collect evidence. If key evidence is involved, it is best to let the client hand it over to the court or procuratorate himself.

Before the court makes a decision, the criminal case file must not be shown to the parties. Even if you know that doing so does not constitute a crime, do not show it to them, because there may be risks that you cannot afford, especially in provinces with which you are not familiar, the local judicial authorities How to handle relevant cases in judicial practice is sometimes a mystery. This is the difference between the law in the ivory tower and the law in judicial practice.

Now Fang Yicai truly understands the good intentions of his mentor. It is really not easy for a criminal defense lawyer. He must pay attention to mine clearance at all times, otherwise he will be shattered into pieces.

After stubbing out his cigarette, Fang Yi took a taxi to the county court and submitted the entrustment procedures and appeal. The next step is to wait for the case file to be transferred to the Intermediate People's Court for review.

Why doesn't the court of first instance review the file? In fact, Fang Yi also wanted to do this, so that he could have more time to study the case and draft the appeal. Of course Fang Yi also tried, but the county court rejected Fang Yi's request for review because the law did not clearly provide for it.

It’s still the same saying, “The ideal is full, but the reality is backbone.”

For defense lawyers who are entrusted or assigned after the first-instance verdict is pronounced, they must submit the appeal petition to the court before the expiration of the appeal period.

However, the "Criminal Procedure Law" does not clearly stipulate the lawyer's review rights during the transition between the first and second instances. This creates great difficulties for lawyers who are entrusted with criminal cases after the first instance to understand the facts of the case, and also creates obstacles for the defenders of the second instance to draft effective appeals. What seems to be a very rigorous matter actually has a lot of twists and turns. The lawyers can only show their talents and start the second instance procedure first.

Fang Yi, who returned to the law firm, began to search for relevant cases, find information, and prepare to defend Li Mingbo's innocence. There can only be two answers to this case, one is guilty and the other is not guilty, and Fang Yi must plead not guilty to keep Lee Myung-bak's job.

Fang Yi is not only working hard for Lee Myung-bak, but also for himself and the lawyer community. Today it is Lee Myung-bak, and tomorrow it will be Zhao Mingbo, Zhou Mingbo, or even Fang Yi.

Shortly thereafter, Fang Yi went to Henan Province again and conducted grading at the Intermediate Court. Soon he received a hearing notice from the Intermediate Court. The second trial of Lee Myung-bak's case will begin in a week.

On the day of the trial, there were many people standing in groups in front of the gate of the Intermediate Court. You could tell they were lawyers at first glance because they had a unique aura about them.

"Lawyer Zhang, you're here too!" A thin, middle-aged male lawyer said to a female lawyer in her thirties who came over.

"There happens to be no court today, so I came here to listen. This is a matter that concerns our lawyer's vital interests, and the court is in our local area, so we need to pay attention." The female lawyer said.