Lawyer's character

Fang Yi thought to himself: Next time he must not take a case from a legal worker, there are constant problems! These two men are simply a problem father and son.

“I think you may have some misunderstandings. Joint crime does not presuppose that the defendants are guilty of the same crime.

You see, Article 25 of the "Criminal Law" stipulates that a joint crime refers to a joint intentional crime committed by two or more people, or a joint negligence crime committed by two or more people. If the crime is not punished as a joint crime, they shall be punished separately according to the crime they committed.

According to the above provisions, the key to identifying a joint crime lies in whether two or more people have the intention to commit a joint crime subjectively and whether there is a common criminal act objectively. However, it is entirely possible that the criminal suspects have different identities or criminal purposes. Different charges.

Let me give you an example. For example, A asks B for a legal debt of 10 million yuan but fails. Then A finds C and conceals the true situation, saying that B is a local rich man and bullies men and women because of his wealth. A invites C to confront B Carry out kidnapping and extort 10 million yuan.

Then A and C jointly carried out the act of kidnapping B. C constitutes the crime of kidnapping, while A extorts B's legal debt of 10 million, which only constitutes the crime of illegal detention.

Although the specific crimes committed by A and C are different, it is clear that they constitute a joint crime. A and C constitute different crimes respectively, but they are joint crimes. You understand! "Fang Yi looked at Zhao Fengxiang.

"Well... that seems to be the case." Zhao Fengxiang turned his brain and recalled Fang Yi's example just now.

"Now let's look back at this case. Your son Zhao Yun and Wei San'er maliciously colluded to fabricate evidence and implement false litigation. Zhao Yun filed a lawsuit with the court, and Wei San'er cooperated with him in making false statements to the court. Subjectively, the two of them jointly committed obstruction of justice. The meaning of the activity indicates that objectively the two of them jointly committed acts of obstructing judicial activities. Both of them committed intentional crimes, so they committed a joint crime.

During the false litigation process, Zhao Yun instructed Wei Saner to forge evidence, and his behavior was essentially the instigator of Wei Saner's help in forging evidence.

Wei Saner was instructed by Zhao Yun to help him forge evidence, and his behavior complied with the crime of assisting in forging evidence under the criminal law, so he constituted the crime of assisting in forging evidence.

Your son Zhao Yun is the mastermind and main beneficiary of the false lawsuit. He instigated Wei Saner to forge evidence and make false statements to the court. He played a major role in this case and can be identified as the principal culprit in this case. Wei Saner was instructed by Zhao Yun to The act of helping to forge evidence plays a minor role in this case and is not the main beneficiary, so it can be determined as an accessory in this case.

So your son Zhao Yun and Wei Saner are guilty of a joint crime. Can you understand my explanation? "Fang Yi said.

"Let me figure it out, what you mean is that my son Zhao Yu instigated Wei San'er to make fraud, and then my son and Wei San'er sued the court for false litigation. So they committed a crime together, right?" Zhao Fengxiang thought about it. thought.

Understanding Fang Yi's explanation just now has consumed him who knows how many brain cells. It's good to be able to summarize it like this. After all, he is getting older and has been in the bar all day long, and his brain is a bit slow to react after drinking.

"Well, that's about right!" Fang Yi took a sip of tea and moistened his throat.

"Then...Lawyer Fang, how will my son's case be decided?" Zhao Fengxiang asked with some eagerness to save his son.

"I can't say this, but if I handle this case, I will plead guilty to a lesser crime. Although your son has obtained a mediation letter through false litigation, it has caused certain obstruction to judicial activities. However, your son's illegal gains claimed during the false litigation process Not too much. There is a high probability that the court will not apply the second level of sentence." Fang Yidao.

"Well, Lawyer Fang. If I entrust you to defend my son, how much will the legal fees cost?" Zhao Fengxiang felt that the questions were enough and it was time to talk about the entrustment.

"You gave me 10,000 yuan before and another 30,000 yuan in legal fees. A total of 40,000 yuan." Fang Yi said.

"Forty thousand yuan... Do you think you can give me a discount? My son is a gambler and my family doesn't have much money. I'm getting old and I have to run to the hospital all day... Can thirty thousand yuan be enough?" Zhao Fengxiang said.

Fang Yi snorted coldly in his heart: Look at your rosy face, you don't look like someone who runs to the hospital every day! Even if you go to the hospital, you should be prescribed health medicine!

"Forget it! It's not easy for you either. I'll give in one more step, 35,000 yuan. You have already paid 10,000 yuan before, and you will pay another 25,000 yuan. This is already very low. I wouldn't have done it if I hadn't been traveling with you. I'll give you this price." Fang Yi really didn't want to talk to him.

"Okay, I listen to you, it's only 35,000 yuan. I'll swipe my card!" Zhao Fengxiang nodded and said, "Hey! My son is not living up to expectations! He deserves to be caught now."

"Now that it's like this, don't be anxious. Leave the rest to me." Fang Yi comforted.

"I'm not in a hurry, I'm just angry. I was angry because he was making money all day long, and I cursed him all the time that one day I might encounter a gambler and catch him. But I didn't expect that this bastard would collude with others to make false lawsuits. It's better this time, the house is clean..." Zhao Fengxiang hates that iron cannot make steel.

Despite what Zhao Fengxiang said, Fang Yi knew that he might be feeling very distressed. No matter how useless his son was, he was still his own flesh and blood. If Old Zhao was really so heartless, he would not hire a lawyer for his son.

The day before the October 1st holiday, the county court called Fang Yi. The case of Zhao Yun obstructing testimony would be heard at 9 a.m. the next day after returning from the October 1st holiday.

In addition, Fang Yi learned a piece of news that surprised him from the judge's assistant. Wei Saner died of a sudden cerebral hemorrhage a few days ago, leaving only one defendant in the case, Zhao Yun.

In the golden autumn, the heat has long subsided and the weather is getting colder. The afternoon sun shining on the body makes people more and more lazy.

During the holiday in October this year, Cao Xiaohui neither took her son Fang Anzhi abroad to experience exotic customs nor arranged tutoring for her son. In addition, she made a very rare call to Fang Yi and asked him to pick up Fang Anzhi at home and relax in the village. , euphemistically called: too tired to study, the cram-feeding education made my son have a big head, and he needs to rest and adjust.

After Fang Yi put down the phone, he felt a little confused. He usually called his ex-wife proactively and asked if he could take the children back to his hometown to see his grandfather. What happened today? Has the sun come out in the west?

The reason given by Cao Xiaohui was that the company was busy with business and had to organize VIP customers and company executives to travel abroad, so she had no time to take care of her son. However, Fang Yi always felt strange. There was an indescribable anxiety in Cao Xiaohui's tone. and uneasiness.

On the holiday day of October 1, Fang Yi drove downstairs to pick up his son Fang Anzhi. Cao Xiaohui did not go downstairs, but waved to Fang Anzhi from the balcony upstairs, and then closed the screen window.