Lawyer's character

When the sun rose above the head, the usually quiet and unpopular courtyard was filled with laughter and laughter. After Fang Youcai saw his grandson, the wrinkles on his face were so smiley that they almost fell off. He said nothing, braised Meat served.

"Dad, when I came back just now, I met Brother Mao on the road. Brother Mao said that our village needs to build a road and occupy some land. It is said that it is to build a road to Shanxi Province. Is it true?" After finishing the meal, , Fang Yi sat on the bench in the courtyard and chatted.

"We have been clamoring for seven or eight years. It is said that the superiors allocate funds every year, but no roads have been built. To be honest, road construction will take up our land. In the past few years, people from the superiors have specially measured it, and it is just right. He came over our land and said he was being compensated, but I didn't believe him anymore." Fang Youcai said as he knocked his pipe and pot.

"It may be true this time. Brother Mao said that it won't be long before the superiors come to the village to measure the land and discuss compensation." Fang Yi said.

"Well, it's good to build the road. Once it's completed, it will be more convenient for villagers to go to Jin Province to work. They don't have to go far." Fang Youcai filled another bag of cigarettes, turned to look at his grandson who was fighting a big rooster, and said hurriedly : "Xiao Zhi, be careful, our big rooster is fierce."

As soon as he finished speaking, Fang Anzhi let out an ouch, covered the back of his right hand with his left hand and ran back. The big rooster behind him held its head high and flapped its wings. Seven were dissatisfied and eight were dissatisfied. They took steps to disown their relatives, declaring their sovereignty near the chicken coop with a victor's attitude.

"Sir, it pecked me." Fang Anzhi said aggrievedly, "How about we eat it tonight!"

"This... this rooster has been in our family for several years. The meat is not easy to cook, and it is even more difficult to stew than an old hen." Fang Youcai hesitated.

"Okay, but I want to strongly condemn its behavior." Fang Anzhi pretended to be angry.

After he finished speaking, the big rooster still held its head high, as big as a hob, showing no fear at all.

In a blink of an eye, the vacation was over, but the big rooster was still strutting, and Fang Yi sent Fang Anzhi back to school. The day after returning from vacation, Zhao Yun's case of obstructing testimony began in court.

On the day of the trial, Zhao Fengxiang also came. He was sitting in the auditorium, feeling a little nervous. There were several people sitting next to him, both men and women, who were probably relatives of his family.

The presiding judge is a male judge. After completing the previous procedures, the prosecutor began to read out the indictment.

"...This court believes that the defendant Zhao Yun instigated others to provide perjury during the false litigation process, and his behavior violated the provisions of Article 307, Paragraph 1, of the Criminal Law of the People's Republic of China. The facts of the crime are clear, and the evidence is reliable and is sufficient, he should be held criminally responsible for the crime of obstructing testimony.

Since the defendant truthfully confessed his crime after the incident, pleaded guilty and accepted punishment, he could be given a lighter punishment in accordance with the law. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. complete! " said the middle-aged female prosecutor sitting at the head of the public prosecutor's bench.

"Defendant, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" asked the presiding judge.

"I have no objection to the charges and criminal facts charged in the indictment." Zhao Yundao. He has realized that his status as a legal worker will end here, and when he speaks, he seems weak.

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

"Okay, Judge."

After saying that, the middle-aged female prosecutor looked at Zhao Yun sitting below: "Defendant Zhao Yun, how did you know Wei Dayou (Wei San'er)?"

"Wei Dayou and I met many years ago when we were playing cards at a friend's house." Zhao Yundao said.

"Is there a loan relationship between Wei Dayou and you?" the middle-aged female prosecutor asked.

"Yes, Wei Dayou owes me more than 190,000 yuan, including interest, which is almost 200,000 yuan. During the retrial in the county court, I submitted the loan transfer voucher and loan agreement." Zhao Yundao.

"Since Wei Dayou owes you 200,000 yuan in principal and interest for the loan, why did you claim that the amount you claimed in the private loan case against Wei Dayou was 249,000 yuan? What happened to the extra 49,000 yuan?" the young female prosecutor asked.

"I instructed Wei Dayou to forge the extra 49,000 yuan in loans. After I get the money to apply for compulsory auction of the house later, I will give the 49,000 yuan to Wei Dayou. This is what he requested. If I don't give it, He will not cooperate with my prosecution," Zhao Yun said.

If Wei Dayou died of illness before being arrested, Zhao Yun would definitely put all the blame on him without hesitation. Anyway, a dead person cannot speak, and whoever lives has the right. However, God failed to fulfill his wishes. Wei Dayou died after being arrested but before the trial...

"Why did you instruct Wei Dayou to forge the IOU?" the middle-aged female prosecutor then asked.

"Because Wei Dayou owed a lot of foreign debts and he had no money to repay me. In order to get the money back, I instructed Wei Dayou to make fraud and then filed a false lawsuit." Zhao Yundao.

"Before you sued, Wei Dayou had already signed a sales agreement with a third party to sell the property. Why did you choose to sue instead of waiting for him to get the money from the sale of the house and repay your debt?" the middle-aged female prosecutor asked puzzledly.

"Wei Dayou gambled. There are a lot of gambling debts and arrears outside. Many people are urging him to sell the house. Even if he does sell the house, I won't get the money.

As a last resort, I gave him this idea, went through the litigation process, and then applied to the court to enforce the auction of the house. The money from the sale of the house will be in the court's account. Not only can I repay the bank money, but I can also get the money back.

Gambling debts are illegal, and those people would definitely not dare to go to court to sue Wei Dayong. Even if the lawsuit is filed, the court will not support it. "Zhao Yun said.

"Have you received the auction money after applying for compulsory execution?" the middle-aged female prosecutor asked.

"No, after the court sealed the property, the third party who had previously purchased the house raised an objection to the execution, and later the court initiated the review and supervision process..." Zhao Yundao said.

"Presiding Judge, we've finished asking questions!" the middle-aged female prosecutor said.

"Does defendant Zhao Yun's defender need to ask questions to the defendant?" The presiding judge looked at Fang Yi.

"A question needs to be asked." After Fang Yi finished speaking, he looked at the defendant Zhao Yun: "Defendant, did you use violence or coercion when you instructed Wei Dayou to forge the loan agreement?"

"No, I just gave him a suggestion at the time. He thought it was feasible and would bring benefits, so he agreed. I never used any coercion or coercion from beginning to end. We discussed this together." Zhao Yun road.

The reason why Fang Yi asked this was to let the presiding judge and the judge understand that the false lawsuit was a conspiracy between the two and was not led by Zhao Yun alone. He hoped that the judge would take it into consideration when sentencing.

"How are the proceeds from enforcement distributed?" Fang Yi asked.

"What I negotiated with Wei Dayou is that if we can get back 249,000 yuan, then 49,000 yuan will go to him and 200,000 yuan will go to me. If I can't get that much, I will give the four to him in proportion. Give him the corresponding part of the nineteen thousand yuan." Zhao Yundao.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

During the evidence and cross-examination process, Zhao Yun accepted all the evidence submitted by the public prosecution agency and had nothing to defend. Those evidences are either from the file materials of the false litigation case, from the enforcement case files, or from the defendant's confession provided by the public security organ. Moreover, the confession of Wei San'er (Wei Dayou) and Zhao Yun's confession are not very different. They corroborate each other. He does not I can’t even admit it.

Fang Yi also felt that the evidence had nothing to say, so he accepted the evidence in this case.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"Presiding Judge, Judge: We believe that Zhao Yun instructed Wei Dayou to commit perjury, fabricate loan debts, and file a false lawsuit with the court as the plaintiff, causing the court to make a wrong ruling. His behavior violated Article 307 of the Criminal Law , constitutes the crime of obstructing testimony, and is a "serious case." We recommend that the defendant Zhao Yun be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years, over." said the middle-aged female prosecutor.

"The defendant defends himself," the presiding judge said.

"I agree with the charges and criminal facts charged by the prosecutor, but my original intention was just to get back the money owed by Wei Dayou. I did not harm Wei Dayou's rights and interests, nor did I have any intention of harming the rights and interests of other legitimate creditors. I plead guilty and accept the punishment. Please ask the court to punish me leniently in accordance with the law." Zhao Yundao.

"Defendant Zhao Yun's defender gave his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that the defendant Zhao Yun constitutes the crime of obstructing testimony, but his behavior does not constitute a 'serious case' and should be given a lighter punishment. The reasons are as follows:

In this case, the defendant Zhao Yun implemented false litigation in order to realize his creditor's rights, and instructed another defendant Wei Dayou in this case to forge evidence and make false statements during the trial, which hindered the normal trial order of the People's Court and the subject matter of the lawsuit was huge ( Two hundred and forty-nine thousand yuan), and caused the People's Court to make a wrong judgment, which has reached the level of being punished and constituted the crime of obstructing testimony. The defender had no objection to this.

However, of the 249,000 yuan claimed by the defendant Zhao Yun in the false lawsuit, 200,000 yuan was his legitimate claim, and the fictitious claim was only 49,000 yuan. He exaggerated the claim in the civil lawsuit. If it does happen, the behavior is less harmful to society.

Moreover, defendant Zhao Yun’s false litigation behavior did not cause actual economic losses to the relevant stakeholders in the false litigation case. Therefore, the defender believes that the defendant Zhao Yun does not constitute a ‘serious case’.

To sum up, the defender believes that it is more appropriate to sentence the defendant Zhao Yun to a fixed-term imprisonment of less than three years or criminal detention, and requests the court to support the defender’s defense opinion in accordance with the law. complete. "Fang Yi said.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Okay, presiding judge. In response to the defender's defense opinions, our response is as follows:

Although only 49,000 yuan of the claims claimed by the defendant in the false lawsuit were fictitious claims, he instructed Wei Dayou to forge evidence, causing the court to make a wrong ruling, which objectively hindered the normal order of judicial proceedings and seriously hindered enhance the authority of judicial decisions.

Therefore, we believe that the defendant Zhao Yun constitutes the crime of obstructing testimony, and the circumstances are serious, so he should be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years. We recommend that he be sentenced to a fixed-term imprisonment of four years. complete. "The middle-aged female prosecutor said.

At this time, the controversial points of the case have come out. As for the facts of the case, neither the prosecution nor the defense have any dispute. The focus of the dispute between the two sides is the sentencing.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

“Presiding judge, judge: Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

According to cases issued by the Supreme People's Court, in judicial practice, in cases of obstruction of testimony activities for the purpose of false litigation, the severity of the crime is generally evaluated from the following aspects:

1. The defendant’s motivation for behavior

That is, whether the perpetrator subjectively aims to illegally realize his or her own property interests, or whether it is for the purpose of illegally occupying the legal property of others. In the former case, the purpose of the behavior is not wrong, but the means are wrong. In the latter case, both the purpose and the means of the behavior are wrong, and the degree of illegality is obviously greater than the former.

In this case, the defendant Wei Dayou originally owed Zhao Yun nearly 200,000 yuan. In the false lawsuit, the amount claimed by Zhao Yun was only 49,000 yuan more than his legal creditor's rights.

In view of the fact that exaggerating economic losses and increasing the subject of civil litigation often occur in civil litigation, it is normal. Therefore, the defender believes that the defendant Zhao Yun directed Wei Dayou to forge evidence and then implemented a false lawsuit for the purpose of illegally realizing his own property interests. The degree of illegality is different from that of ordinary cases, and the harm to society is less.

2. The amount of the subject matter of the false lawsuit

The amount of the subject matter of the false lawsuit is the criminal purpose that the defendant Zhao Yun hopes to achieve. The greater the amount of the subject matter of the lawsuit, the greater the harm or loss that the behavior may cause to the property interests of others.

As mentioned above, the defendant in this case claimed that the subject amount of the false lawsuit was 249,000 yuan, which is a huge amount. However, 200,000 yuan of it is its legal claim and the fictitious claim is relatively small. Therefore, this case is different from other cases. There are certain differences between cases of the same type, and the court is asked to take them into consideration when sentencing.

3. The means used by the defendant and the consequences

The crime of obstructing testimony is an instigation crime, and the perpetrator may use violence, threats, inducements or other means that are not illegal in themselves.

The defendant uses different methods, resulting in different instigation intensity and degree of harm. The defender believes that the defendant should be judged based on the value judgment standards of social ethics and morality, as well as the degree of damage and danger directly to the victim or indirectly to the public. Evaluate behavior. The higher the intensity and risk of the behavior, the greater the culpability.

In this case, the defendant Zhao Yun did not cause actual harm to the relevant stakeholders in the case, and the social harm was small, so the corresponding liability was also small.

4. Impact on judicial litigation activities

The defender believes that the impact on judicial proceedings includes the impact on judicial fairness and judicial efficiency.

Depending on whether the false evidence has entered the litigation process, whether it has had an impact on the judicial process and the magnitude of the impact, it can be divided into:

(1) There is only an act of obstructing testimony, but the relevant false evidence has not yet entered the litigation process;

(2) It has entered the litigation stage, but has been identified, which does not affect the fairness of the judgment;

(3) It has entered the litigation stage, and the identification and identification of relevant evidence takes a long time and a large judicial cost, affecting judicial efficiency;

(4) False evidence cannot be identified and the judicial authority makes a wrong judgment.

In the above different situations, the degree of social harm of the behavior is also different. The greater the impact on judicial proceedings, the greater the culpability of the behavior.

In this case, although the defendant Zhao Yun instructed Wei Dayou to forge evidence and implement false litigation, the court made an erroneous judgment based on the false evidence he provided, which had a relatively large impact on judicial litigation activities.

However, the court promptly initiated the trial and supervision process, which caused no actual harm to the interested parties. After the incident, the defendant Zhao Yun truthfully confessed his crime and could be given a lighter punishment in accordance with the law. He also pleaded guilty and accepted the punishment. The court should consider it when sentencing.

To sum up, in this case, the defendant Zhao Yun implemented false litigation in order to realize his creditor's rights, which caused the People's Court to make wrong judgments and hindered the normal trial order of the People's Court.

However, the defendant Zhao Yun's lawsuit did not meet the particularly huge standard, nor did he use any violent means to force Wei Dayou to give false testimony, causing Wei Dayou to suffer minor injuries. Moreover, the interested parties did not suffer actual economic losses, so he was a first offender. Therefore, the defendant Zhao Yun does not constitute a "serious case". Please ask the court to impose a lighter punishment in accordance with the law. complete. "Fang Yi said.

…

Chapter 435 Mr. Meng

After the adjournment, the bailiff took Zhao Yun out of the court. Before leaving, he looked at his father, Zhao Fengxiang, in the gallery. Their eyes met. Mr. Zhao's lips were trembling and his eyes were moist.

Fang Yi looked at his watch and saw that it was almost twelve o'clock. He took out the mineral water and drank a few sips to moisten his lips and throat. During the court session, lawyers were not allowed to drink water, so they had to face the lawyers and prosecutors during the long court session. And the judge's physical strength is a test.

Zhao Fengxiang wanted to take advantage of the recess to ask Fang Yi about the situation, but seeing that Fang Yi looked tired, he finally held back. Ten minutes, only ten minutes, the result would be known (the judge announced the verdict), wait a moment .

"Now the court session will continue and we will ask the bailiff to bring the defendant Zhao Yun to court. This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of both the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

The defendant Zhao Yun instigated others to provide perjury during the false litigation process, and his behavior constituted the crime of obstructing testimony. The public prosecutor's office charged the defendant Zhao Yun with conviction.

Zhao Yun showed his guilt during the trial and may be given a lighter punishment as appropriate. The defense opinions put forward by Zhao Yun's defender were adopted.

Accordingly, in accordance with the provisions of paragraphs 1 and 2 of Article 307 of the Criminal Law of the People's Republic of China, the verdict is as follows: 1. The defendant Zhao Yun is guilty of obstructing testimony and is sentenced to seven months in prison..." The chief judge pronounced.

Fang Yi finally breathed a sigh of relief, seven months! Zhao Yun has been detained for three months and will be released in another three months. However, Zhao Yun will have to find another job after he is released, and he will not be able to work as a legal worker.

Zhao Fengxiang in the auditorium also breathed a sigh of relief. He could accept it for seven months, but it didn't matter if he couldn't accept it. Based on his experience, the appeal rate is very low, so he might as well forget it and save some money.

A few days after the verdict was announced, Fang Yi received the criminal verdict. Within ten days, the defendant Zhao Yun did not appeal and the procuratorate did not file a protest, so the verdict became legally effective.

On this day, Fang Yi was writing a summary of the case at his workstation. Suddenly his cell phone rang. It was Yunmei. Yunmei asked him if it would be convenient for him to drink tea at Yunwu Tea House in the afternoon, saying that a new batch of tea had recently been purchased. In addition, a member of the Tea Association wanted to consult on some legal issues.

As soon as Fang Yi heard that he wanted to consult on legal issues, he agreed.

After lunch, Fang Yi drove to Yunwu Tea House. In the tea room on the second floor of the tea house, three people were sitting, a middle-aged male lawyer, a bald man in his fifties with big eyes, big ears, a big nose, and a big face, and a man in his thirties. A woman with a charming face.

The middle-aged male lawyer is Fang Yi, and the woman in her thirties is Yun Mei. Sitting next to Fang Yi, the man in her fifties opposite Yun Mei is the one Yun Mei mentioned on the phone who wants to consult on legal issues. Tea Association member——Mr. Meng.

"Lawyer Fang, I'm really troubling you this time." Mr. Meng spoke very politely.

"Mr. Meng, Lawyer Fang is a well-known local criminal lawyer. He has done many cases. You can find a lot of them by just searching on the Internet. But he is relatively low-key and doesn't like publicity.

Lawyer Fang, Mr. Meng is a well-known entrepreneur in Shanxi Province. He has a brother locally. Something happened recently and he would like to consult with you. "

While talking, Yunmei had already brewed a pot of old white tea, and then said: "Mr. Meng, this is the old white tea in our store, please taste it and see how it goes.

You guys talk, I have something else to do. You guys have agreed, tell me, I'll be in the office, I'll be the host in the evening, and I'll treat you two to dinner. "

This morning, Mr. Meng came to Yunmei to discuss cooperation. After the conversation, he asked her if she knew any reliable criminal lawyers, so Yunmei called Fang Yi.

But until now, Mr. Meng has not asked her for any consultation. What does this mean? It means that Mr. Meng does not want Yunmei to know the content of the consultation.

Yunmei has been in the business world for many years, so she can naturally tell her eyebrows. After making tea, she found a decent excuse to leave, leaving the tea room to Mr. Meng and Fang Yi.

After Yunmei left, Mr. Meng sat where Yunmei was sitting before and started playing with the tea set. It was obvious that he was also an expert. Not all tea sellers understand tea art, but Mr. Meng does.

Seeing that Mr. Meng was concentrating on stirring up the tea set, Fang Yi looked on without saying a word.

It must be said that Yunmei is a very particular person. The tea she uses is not an electric stove, but a small clay stove, which is placed on a special shelf next to the table. There is lit charcoal in the small clay stove, waiting for Mr. Meng to brew the tea. After cooking it once, white steam rose from the cast iron pot on the small clay stove, and the water boiled.

After a while, Mr. Meng poured two cups of tea, one for each of them.

"Lawyer Fang, the tea is a bit hot. Let it cool down slightly before drinking." Mr. Meng said calmly.

Fang Yi nodded with a smile and thought to himself: Are all tea drinkers so calm that they don't talk about business for a long time? Well, if you don't talk about it, I won't mention it either. Let's just drink tea here and practice cultivating Qi. of effort.

After a moment, Mr. Meng spoke: "Lawyer Fang, there is a crime called 'obstructing testimony'. I wonder if you have ever done this type of criminal case?"

After hearing what he said, Fang Yili was happy: "What a coincidence! I just handled one some time ago, and the defendant was also charged with obstructing testimony, and was later sentenced to seven months."

"Oh? The one who told you, do you think there is still a chance in this case?" Mr. Meng thought for a while and continued: "This matter has to start with my brother. Earlier, my parents were assigned to work in the Beijing office. , I followed my grandparents in my hometown, and his family lived downstairs from mine. I often went to his house to have dinner, and he often came to my house to have dinner. The two of us were the kind of friends who couldn't tell the difference between eating and drinking, until we graduated from high school.

After graduating from high school, I was admitted to a university in Beijing, majoring in law. Later, I failed several judicial examinations, so I gave up law and went into business. He came to this city to do business with his parents. Although we are in two places, we still keep in touch and are relatively close.

He is more flexible and smarter than me, but he doesn't like studying, but he is good at business. When he was in middle school, he started to sell small commodities such as stickers and greeting cards, and kept snacks in his pocket. I really envied him at that time.

In June this year, I heard that he was arrested for obstructing testimony. Later, his family hired a lawyer from Beijing. As a result, my brother was sentenced to one and a half years. My brother refused to accept the crime and planned to appeal. I would like to ask you to check and see if there is any hope of overturning this case in the second instance. "After speaking, Mr. Meng picked up the tea cup and took a sip of tea.

"Do you know the specific reason?" Fang Yi asked.

"I learned about it before and asked his lawyer. In fact, my brother was too greedy. Five years ago, an advertising company borrowed a capital turnover from him, a total of one million. He charged him a monthly interest of three Share (simple interest), it will be 1.36 million in one year..." Mr. Meng picked up the tea cup and said while sipping the tea.