Lawyer's character

"There is indeed such a view in the theoretical circles, and I have seen some law professors mention it before. I will tell you my opinion, which may not be correct. It is for your reference only.

I believe that false testimony given by a witness in a civil case in court is considered ‘evidence’ in the crime of assisting in the fabrication of evidence. The reason is:

1. Witness testimony is a type of statutory evidence in civil litigation. In civil cases, the testimony given by the witness in court is more effective than the paper witness testimony issued by the witness. Therefore, the false statements made by the witness in court have a general impact on the judge’s judgment of evidence and determination of facts. It is higher than the paper testimony issued by the witness. Therefore, helping to forge the materialized witness testimony may constitute a crime, which is in line with the original intention of the legislation.

2. The testimony given by the witness in court is recorded by the court and is clearly recorded in the court hearing record. The audio and video recording of the trial will also clearly reflect the witness's testimony process. The testimony was transformed into an objectified witness testimony.

During the trial, both parties and their attorneys will cross-examine the materialized witness testimony. There is essentially no difference between the testimony given in court and the materialized witness testimony.

According to what you just said, Zhao Peng was instructed by the client Wang Liang to give false testimony during the trial and signed the trial transcript for confirmation. In essence, he was instructed by the client to help him forge witness testimony. "Fang Yi said.

Since Mr. Meng also studied law, Fang Yi felt that he should be more professional, so that he could better reflect his expertise and make Mr. Meng feel that he was professional. This is what is called: say what you say to whomever you meet.

"Well, I understand what you said. Even if Zhao Peng committed a crime, he did not benefit. Is the court's sentence too harsh?" Mr. Meng added some tea to Fang Yi.

“Whether the sentence is severe or not depends mainly on whether Zhao Peng’s behavior falls under the ‘serious circumstances’ of the crime of helping to fabricate evidence.

At present, there is a view in the theoretical circles that in civil litigation and administrative litigation, if it is enough to affect the success or failure of the litigant's litigation or to significantly affect his litigation interests, it constitutes a serious case.

In judicial practice, there are two main criteria for judging serious circumstances:

1. Whether the destruction or fabrication of evidence by witnesses will cause serious consequences;

2. Whether the witness's help in destroying or fabricating evidence in criminal proceedings is enough to affect the determination of crime and non-crime, and whether the distinction between one crime and another crime is enough to affect the increase or decrease of sentencing grades and sentencing ranges.

As long as one of the above two points is met, the court will determine that the circumstances are serious.

Let’s go back and look at Zhao Peng’s sentencing. The court of first instance ruled against Wang Liang on the grounds that his private lending dispute had exceeded the statute of limitations.

In the second instance, Wang Liang instructed Zhao Peng and Niu Tianlai to make false statements for him to prove that the statute of limitations was interrupted. In the end, the second instance settled the case through mediation, and it can be said that Wang Liang won the case.

It can be seen that the false testimony given by Niu Tianlai and Zhao Peng in court during the second trial became the reason for interrupting the statute of limitations and had a significant impact on the final verdict of this case.

Therefore, the false testimony given by Zhao Peng is the key evidence in this case, which has caused great damage to the order of the trial and seriously damaged the rights and interests of the other party. It is appropriate to be deemed as a "serious circumstance" in the crime of helping to forge evidence. "Fang Yi said.

"Oh! I think what you said makes sense." Mr. Meng nodded.

In fact, he didn't quite agree with Fang Yi's point of view in his heart, and the only criterion for testing right and wrong was the court's second-instance judgment.

After talking about the case, the two chatted for a while. Yunmei came over to invite them to a restaurant for dinner. At this time, Mr. Meng's cell phone rang. He had something to do at home and urgently asked him to go back. After answering the phone, Mr. Meng apologized repeatedly to Yun Mei and Fang Yi, then left the tea house and went home.

"Mr. Yun, I'm going back too." Fang Yi said with a smile. Originally there were three people eating, but now that Mr. Meng has gone back, only a man and a woman are left. Fang Yi feels a little embarrassed.

"What's wrong with you when you go back?" Yunmei asked with the corner of her mouth curled up.

"It's okay, I just feel that you always introduce business to me and ask you to treat me... I'm sorry. How about I treat you." Fang Yi said with an awkward smile.

"That's okay, but not today. Let's stick to the same code. It's a bit abrupt to invite you here for consultation today, so I'll do it today, and you can invite me to dinner another day." Yunmei said with a smile.

She suddenly felt that the awkward demeanor of the middle-aged male lawyer in front of her was... a little silly and cute.

"Okay then, find a simpler place, don't go to a restaurant, there's no need to be so formal." Fang Yi hesitated.

"Okay, I know a good Western restaurant. Come on, I'll treat you to Western food." Yunmei took out two large boxes of tea and handed them over. She smiled and said, "This is the new old white tea in our tea house. It's the same as just now." You drink the same thing, you take it back and taste it. Don’t get me wrong, this is not a consulting fee, I just want to get another customer for the tea house."

Now that the talk was about this, how could Fang Yi refuse, so he put away the tea leaves and followed Yunmei downstairs.

The Western restaurant Yunmei took Fang Yi to was opened not long ago by a member of the Tea Association. It is said that the chefs were poached from other large restaurants and the steaks they cooked were very authentic.

Just as Yunmei and Fang Yi walked into the roadside Western restaurant talking and laughing, a Mercedes-Benz happened to drive by slowly.

Sitting in the car was Cao Xiaohui, who was looking sad. She accidentally saw Fang Yi and Yunmei, and immediately began to think wildly: Could that woman be Fang Yi's... Then she gave up the idea that appeared in her mind.

In her eyes, Fang Yi was just a small lawyer who made a living and didn't even have a stable home in the city. The woman next to him looked so charming that the two of them were not compatible at all.

It's like a person wearing a pair of Adidas Li Ning pants and an authentic Armani suit top. How can they match them? Even if it is a mix and match, it cannot be mixed and matched like this!

So there is only one conclusion. Cao Xiaohui thinks that Fang Yi wants to hug someone else's thick legs and get business to make a lot of money. Thinking of this, she couldn't help but feel contempt in her heart.

In the blink of an eye, the weather has turned cold, and there are no more girls wearing navel-baring clothes on the street. The food stalls in the evening have also closed their tables and chairs, and have changed to indoor masturbation.

Fang Yi has done a lot of criminal cases in the past few years and is well-known in the city's legal circles. The public has a certain understanding of him through media reports on cases, but only a handful of parties come to him to entrust criminal cases. , the reason is that he is not good at running propaganda.

Nowadays, companies from all walks of life are promoting it. If Fang Yi doesn't promote it, other lawyers will promote it. What's more, some cases that Fang Yi has done will be put on the Internet as their own success stories without the name of the lawyer.