Lawyer's character

Zhao Yun knew that Wei Saner had a lot of debts outside, and he knew that there were definitely not a few creditors of his real estate. If he waited for the buyer to give the money and completed the real estate transfer procedures, he would probably not get much money. The most terrible thing was that he The creditor's rights have not been confirmed by the court. Even if the bank sues Wei Saner to the court, it cannot participate in the division.

At this time, his experience as a legal worker came into play, so he discussed with Wei San'er to forge an IOU and write more of the loan amount. As for the purpose of the loan, he asked Wei San'er to make up one at random so that he could use it as a private loan in the future. It is used when suing on the grounds of borrowing. After defrauding the court's judgment documents, applying for compulsory auction of the house and participating in the distribution. After receiving the auction money, the two people distribute it proportionally.

One month later, Zhao Yun filed a civil lawsuit with the County People's Court with a forged IOU on the grounds that Wei San'er had not repaid the loan of 249,000 yuan from him for business operations, demanding that Wei San'er repay the loan. The court admitted the fact of borrowing money and agreed to mediation.

In court, the county court issued a civil mediation document regarding the private loan dispute between Zhao Yun and Wei San'er, confirming that Wei San'er 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. Subsequently, the County People's Court issued an execution ruling and sealed Wei Saner's house and land use rights in an old community in the county, and began the auction process.

Originally, everything was going smoothly according to Zhao Yun's plan, but who would have known that just last year, the county court suddenly started the trial supervision process on the private loan dispute case between Zhao Yun and Wei Saner, and the county people's court issued a civil ruling and decided to The case is retried.

During the retrial, Zhao Yun was afraid that the false lawsuit 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 subsequently transferred the case to the County Public Security Bureau branch for investigation.

The county public security bureau branch immediately summoned Zhao Yun and Wei San'er. Wei San'er had been punished for gambling before, and he was afraid of the police. His legs became weak as soon as he entered the police station, so when the police asked him, he poured all the beans into the bamboo tube. Wei San'er Er had already confessed, and Zhao Yun knew that he could not escape and had to admit that he had forged evidence and filed a false lawsuit.

After the county public security bureau completed the investigation, it 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 on the charges that the defendant Wei Saner was guilty of credit card fraud and helping to fabricate evidence, and the defendant Zhao Yun was guilty of obstructing testimony. .

"Lawyer Fang, I don't think I am guilty of obstructing testimony or committing the crime of fabricating evidence. The crime charged by the prosecutor's office is wrong.

You see, Wei Saner and I colluded to forge a loan agreement and file a false civil lawsuit, which resulted in the court making a wrong ruling. We are both parties to the lawsuit, and our actions constituted helping each other to forge evidence, and should constitute the crime of helping to forge evidence. Joint crime. How could I be guilty of obstructing testimony? "Zhao Yun thought that what he said was sound and well-founded.

Fang Yi understood why he said that. There were two possibilities: first, compared with the crime of helping to fabricate evidence and the crime of obstructing testimony, the crime of obstructing testimony was a felony, and Zhao Yun did not want to be considered a felony; second, Zhao Yun did not understand the two The distinction between charges is entirely self-righteous.

Fang Yi is good at criminal cases, so naturally he won't play games with him. If Zhao Yun really doesn't know the difference between the two crimes, Fang Yi doesn't mind taking this opportunity to educate him on the law.

"It is indeed difficult to distinguish between these two crimes in judicial practice, but there is still a clear difference between the two crimes. I personally believe that the key to distinguishing the crime of obstructing testimony and the crime of helping to fabricate evidence lies in whether you directly benefit from the false lawsuit. "Fang Yi said.

"How...how to explain this?" Zhao Yun looked at Fang Yi doubtfully.

"According to the provisions of Article 307 of the Criminal Law, whoever uses violence, threats, bribery, etc. to prevent a witness from testifying or instructs others to give false testimony shall constitute 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, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Anyone who helps a party to forge evidence, if the circumstances are serious, constitutes the crime of helping to forge evidence and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The objects protected by the crime of obstructing testimony and the crime of helping to fabricate evidence are both the normal order of litigation activities, and the perpetrators are subjectively intentional. However, the criminal subject and objective aspects of the two crimes are different:

1. Different criminal subjects

The subject of the crime of obstructing testimony can be the litigant (plaintiff, defendant, etc.), or other people who have an interest in the party, such as relatives of the party or people who are instructed by relatives of the party (this scope is relatively broad).

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

The so-called "help" in the crime of "helping to falsify evidence" mainly refers to preparing tools for the parties to destroy or falsify evidence, making suggestions, and strengthening their confidence in destroying or falsifying evidence.

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

One is that one party infringes upon the legitimate interests of the other party by instructing others to forge evidence. In this case, the act of instructing others to give false testimony committed by one party to the litigation constitutes the crime of obstructing testimony, and the person who helps him or her to forge evidence can only be a person other than the party to the litigation, which constitutes the crime of assisting in forging evidence.

The other is that both parties collude maliciously to jointly infringe upon the legitimate interests of a third party. This situation is more complicated. Both parties may instruct the other party to commit perjury or help the other party to forge evidence. There may be situations where the "other" in instructing others to commit perjury and the "party" in helping the party to forge evidence overlap. .

According to the provisions of the Criminal Law on the crime of helping to forge evidence, the perpetrator of this crime can only be a person who helps the parties to realize illegal interests, and cannot be a person who performs the act for the purpose of directly benefiting from the outcome of the case.

Of course, asking someone to help fabricate evidence and giving the other party a certain amount of remuneration or other benefits cannot be regarded as directly benefiting from the case, but rather helping the parties to obtain benefits, which is consistent with the main characteristics of the crime of helping to fabricate evidence.

Going back to your case, you just said that it is difficult to realize your claims under normal circumstances, but in order to realize your claims and allocate more claims, you conspired with Wei Saner to participate in the distribution of house auction values ​​through false litigation. .

Therefore, you are a benefit seeker in the sham lawsuit. Wei San'er cannot directly obtain benefits in the lawsuit, but forges evidence to cooperate with you in realizing your creditor's rights.

Therefore, I believe that you are a pursuer and recipient of illegal benefits, which is consistent with the subject characteristics of the crime of obstructing testimony, while Wei Saner is only helping you realize your creditor's rights, which is consistent with the subject characteristics of the crime of assisting in forging evidence. "After Fang Yi finished speaking, he looked at Zhao Yun.

"Then... what about the object you are talking about?" Zhao Yun looked half-understood and doubtful, and his heart dropped.

“2. Crimes are objectively different

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

The objective manifestation of the crime of helping to forge evidence is to help the parties to forge evidence. The scope of evidence is relatively wide, including documentary evidence, physical evidence, audio-visual materials, appraisal opinions, etc. The helping behavior can be a partnership forging together, or a single person forging it and then providing it. For the parties to use.

In the process of false litigation, the objective manifestation of the crime of obstructing testimony mainly refers to causing others to give false testimony. Sometimes it refers to causing others to give false testimony; sometimes it refers to causing others to forge false evidence and provide it to the court, and provide false testimony. Therefore, instructing others to falsify evidence and instructing others to give false testimony often occur at the same time, and both fall within the behavior of "instructing others to give false testimony" stipulated in the Criminal Law.

In the process of false litigation, the objective manifestation of the crime of helping to forge evidence is the act of being instructed to help the parties to forge other people's false testimony and other evidence.

As far as this case is concerned, your behavior of instructing Wei Saner to forge IOUs and provide false statements to the court is an act of instructing others to make perjury, which is in line with the objective characteristics of the crime of obstructing testimony.

At the same time, you participated in the act of forging evidence for your own benefit, but this act was a means for you to instruct Wei Saner to give perjury to the court. It has been absorbed into the crime of obstructing testimony, so I think you constituted the crime of obstructing testimony.

Wei San'er's behavior of forging IOUs under your instructions is helping you to forge evidence, which meets the objective characteristics of the crime of helping to forge evidence. However, Wei San'er's behavior of providing false statements to the court does not constitute a crime. "

When Fang Yi said this, Zhao Yun suddenly interrupted him: "Why is it a crime for me to make a false statement to the court but it is not a crime for him to make a false statement to the court? Why?"

In Zhao Yun's view, we are two grasshoppers on the same rope. I, Zhao Yun, have committed crimes, and you, Wei San'er, can't hide. It is only fair that everyone suffers together, and he feels balanced in his heart.

Fang Yi glanced at him and understood what he was thinking: "What I just said does not constitute a crime. It is just an evaluation of Wei San'er's perjury in court, which does not constitute a crime. It is not an evaluation of his help. Your behavior of forging evidence. I look at his behavior separately.

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

Wei Saner cooperated and helped you obtain benefits through false litigation, which met the main characteristics of the crime of helping to forge evidence, and also helped you to forge evidence. In addition, he also disappeared to avoid credit card collection. Therefore, He will most likely be guilty of helping to forge evidence and credit card fraud. "

"Oh, that's it!" After hearing what Fang Yi said, Zhao Yun felt much more comfortable.

But Zhao Yun was still confused about the more theoretical content Fang Yi said. As a legal worker with few ideals, limited professional abilities, and no ambition for progress, he usually comes into contact with civil cases involving short-term interests. He doesn't even look at criminal cases. In addition, he has been preoccupied with all these years. He only took advantage of the sidelines and didn't focus on his business. The business was basically abandoned, so naturally he couldn't listen to so many criminal law theories.

Fang Yi finally figured it out. He had overestimated Zhao Yun's professional ability. He had just spent so much time talking, and he was a fool at playing the piano. It was better to tell him directly what crime he might be guilty of.

But since people have asked this, it is his duty to provide legal advice. Fang Yi always feels awkward if he doesn't explain clearly. He feels bad about letting him fool others, so...it's better to play the qin with others than not, at least in his own mind. Comfortable. As for how much the other party can 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 about the case. Judging from the prosecutor's opinion, this case had a tendency to recommend a heavy sentence!

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 for an interview the next day.

When the lanterns first came on, Fang Yi stretched out and suddenly remembered that he had not been to Huihuang for a while, so he called Li Shuming and asked him to have a drink and take a bath by the way.

Li Shuming told him that there was a drinking party in the evening, and it would probably end at two or three in the morning, and it might last all night. There was Tsingtao beer and liquor in the office, so he could do what he wanted without waiting 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 walking over in shock.

"Stop yelling, I'll come back to compensate for some ammunition." Wan Kefa looked around like a thief. Fortunately, everyone in the team had already got off work at this time, and there were only a few overtime workers at far away stations. The lawyer is hard at work.

"What ammunition?" Fang Yi stood up and asked with a surprised look on his face.

Wan Kefa raised his right hand and made a drinking gesture like a thief. In an instant, Fang Yi understood that this old guy was greedy for wine and sneaked out!

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

Fang Yi was startled and immediately realized: Could this fat old man want to drag him to drink? I go! The landlady has already beaten herself once before, so she can’t jump into this fire pit again!

"If there is an event, I will go to Glory." Fang Yi replied immediately.

"Oh?! Hui Hui is a good place. I just didn't have dinner. Give you, the 'traitor,' a chance to make up for your mistakes and invite me to take a bath and have dinner in Hui Hui." Wan Kefa said arrogantly.

"You can take a bath, but it's all vegetarian. No meat or wine." Fang Yi looked at the fat old man in front of him and said.

"Deal!" After Wan Kefa said that, he turned around and walked towards the office, muttering as he walked: "I'm so old and I haven't seen anything before. A plain bath is good and clean."

When going downstairs, Fang Yi's eyes wandered around Wan Kefa, wondering in his mind: Where did this fat old man hide his wine? Seeing that his hands were empty, his pockets were deflated, and there was no smell of alcohol in his mouth, the old guy couldn't have treasures like the 'storage bag' in Xianxia novels!