Lawyer's character

Five years ago, Mr. Li of the local Red Sun Advertising Company borrowed 1 million yuan from Mr. Meng's brother Wang Liang because he was in urgent need of capital turnover. The two parties agreed that the monthly interest (simple interest) would be three cents, the loan period would be twelve months, and the principal and interest would be A total of 1.36 million yuan.

The loan agreement reads: "Red Sun Advertising Company borrowed one hundred and thirty-six thousand yuan in cash from Wang Liang for the company's business turnover. The loan period is twelve months, starting from the actual date of the loan. The amount is twelve months." No interest will be charged if it is returned within one month. The borrower is Red Sun Advertising Company, and the joint and several liability guarantor is Li Changshun."

After that, Li Changshun of Red Sun Advertising Company repaid all the principal and interest of the loan on time, but he forgot to ask Wang Liang for an IOU.

At the beginning of last year, Wang Liang discovered the original loan agreement from Red Sun Advertising Company when he was packing the safe. So he suddenly took the loan agreement to the court, sued Red Sun Advertising Company and Li Changshun, and demanded that Red Sun Advertising Company The company repaid the loan of 1.36 million yuan and the interest on delayed repayment, and Li Changshun assumed joint and several liability for the guarantee.

Later, the court held a hearing on the case. Naturally, Red Sun Advertising Company did not recognize Wang Liang's claim and responded that it had repaid all the loans and that the loan had expired and did not agree to mediation.

Subsequently, the People's Court issued a civil judgment and rejected Wang Liang's lawsuit on the grounds that the loan had exceeded the statute of limitations.

After getting the judgment, Wang Liang consulted a lawyer. The lawyer said that if there were witnesses who could prove that he had approached Red Sun Company or Li Changshun to ask for a loan within two years from the date of the loan expiration (the previous statute of limitations was two years, the Civil Code After the promulgation of the Code, the statute of limitations is three years), which will cause the statute of limitations to be interrupted and the statute of limitations to be recalculated. If the statute of limitations is repeated, there will be no problem with the statute of limitations.

Later, when paying the consulting fee, the lawyer saw Wang Liang's generosity and reminded him specifically that it was best for the person who followed him to collect the money to have no direct family relationship or interest in him.

After Wang Liang consulted and understood the case, he refused to give up and appealed to the Intermediate People's Court. During this period, he asked two friends, Niu Tianlai and Zhao Peng, to testify against him, proving that they had followed Wang Liang to the Red Sun Advertising Company to collect debts from Li Changshun many times and gave false testimony.

During the second trial, his two friends Niu Tianlai and Zhao Peng "lived up to their trust" and testified in court respectively, and their stories were perfectly accurate.

When the second trial was held, Li Changshun of Red Sun Advertising Company was so angry that he could not speak. Wang Liang sat at the appellant's table and was very proud.

Later, after mediation by a judge, Red Sun Advertising Company finally agreed to pay Wang Liangsi 40,000 yuan to settle the case. The court issued a civil mediation letter that day.

The matter should have ended here, but God's calculations were not as good as those of others. Less than three months after Wang Liang received the 40,000 yuan transferred from Li Changshun, he received another summons from the public security department.

It turned out that his friend Niu Tianlai was arrested by the police for participating in opening a casino. During the interrogation, in order to reduce his sentence for meritorious service, he told Wang Liang's false lawsuit. The police did not expect to find something unexpected, and immediately summoned Wang Liang.

Faced with Niu Tianlai's testimony, Wang Liang had no choice but to confess truthfully and confessed that he had collaborated with Niu Tianlai and Zhao Peng in the false lawsuit. The case was then transferred to the procuratorate, which, after review, transferred the case file to the court for prosecution.

The court of first instance held that Wang Liang instigated others to give false testimony, which violated the normal judicial order, and his behavior constituted the crime of obstructing testimony; the defendant Zhao Peng was instructed by Wang Liang to help him provide false testimony in court, which violated the normal judicial order. The circumstances are serious and his actions constitute the crime of helping to fabricate evidence.

Niu Tianlai was involved in the case of opening a casino, so he handled it in another case.

Finally, the court ruled in accordance with the provisions of paragraphs 1 and 2 of Article 307 of the Criminal Law of the People's Republic of China: 1. The defendant Wang Liang was guilty of obstructing testimony and was sentenced to one year and six months in prison; 2. The defendant Zhao Peng was convicted of helping to fabricate evidence and was sentenced to one year in prison.

After the first-instance verdict was announced, both Wang Liang and Zhao Peng were dissatisfied and planned to appeal on the grounds that the original verdict was unclear about the facts and wrongly applied the law. Mr. Meng and Wang Liang have a good relationship. Zhao Peng is the person in charge of Mr. Meng's local branch, so he wants to help them and consult with a lawyer to see if there is a chance to reverse the case.

“The case you mentioned is very similar to a case I did before.

Of course, I have neither seen the case file nor met with the defendant. If what you say is true, your friend Wang Liang's chance of overturning the case is basically very small. He instigated others to give perjury, and he has Niu Tianlai's confession and the second-instance civil mediation agreement. Now, I personally feel that there are no problems with the fact-finding in criminal cases, and there are no major problems with sentencing, and the judge has discretion... so there is a high probability that this case will be dismissed by the second instance court and the original judgment will be upheld.

Of course, it cannot be ruled out that the lawyer currently defending Wang Liang is of a higher level than me and knows the case better, and may be able to find a breakthrough. "Fang Yi said.

"What about Zhao Peng? He just testified in court, got nothing out of it, and was sentenced to one year? Can his testimony be used as criminal evidence?

The lawyer told me that Zhao Peng’s testimony in court in the civil lawsuit was not “evidence” in the crime of helping to forge evidence, and his behavior was not serious enough, so he should not be considered a criminal. Contributing to the crime of falsifying evidence. "Mr. Meng said.

His idea is very simple, no matter which one of two people it is, if one can fish it out, it will be the same.

"I believe that Zhao Peng deliberately gave false testimony in court in the civil lawsuit, seriously disrupting the normal judicial order, and causing Red Sun Advertising Company to suffer actual property losses, which is relatively harmful to society. Zhao Peng has indeed committed the crime of helping to forge evidence." Fang Yi thought for a while and said.

"Well, later I consulted a college classmate who is a lawyer, and he told me that in the crime of helping to forge evidence, the evidence destroyed or forged by the perpetrator should be limited to physical evidence, documentary evidence, appraisal conclusions, inspections, inspection records, and audio-visual materials etc. He said that it must be 'objectified' evidence, and non-objectified evidence does not fall within the scope of evidence for this crime.

Lawyer Fang, don’t laugh at me. I understand that when he means objectification, there must be tangible objects that can be seen and touched. Words are unfounded and cannot be used as evidence of a crime.

I don't know if I understand it correctly. "Mr. Meng looked at Fang Yidao seriously.

Fang Yi smiled and thought to himself: You are asking me to comment on my colleagues' opinions in disguise. Isn't this causing hatred? I won't do any work that offends people. Besides, who am I to comment on other people’s opinions? I’m not an “expert” who messes around all day long. But when people ask this, I won’t comment, but I can explain my point of view.