Lawyer's character

Early the next morning, Fang Yi locked himself in the office and studied and analyzed it for a whole day.

Fang Yi didn't take any new cases in the past few days. Zhou Ying had been following Lawyer Song on a school principal's corruption case. In the morning, Zhou Ying and Lawyer Song went to court in other provinces and were not at the office. So Fang Yi didn't let Zhou Ying get involved in the case.

The sun rose again, and the winter sunshine shone through the glass window into the small conference room of the villa. Fang Yi sat on the chair and felt the warmth of the sun. It felt a little hot after a long time.

Secretary Wu and Fang Yi sat side by side, and the chairman opposite sat upright, with a serious face and a strong aura.

"Chairman, Lawyer Fang, let's get started." Secretary Wu said.

The chairman nodded: "Lawyer Fang, have you found anything?"

"Chairman, I read the case file materials yesterday. I believe that the facts of the case determined by the court of first instance were unclear, the evidence was insufficient, and the law was applied incorrectly. The defendant Hua Xiao may be innocent." Fang Yidao.

"What's the reason?" the chairman said calmly.

"There are four reasons in total: 1. The appraisal conclusion submitted by the prosecutor showed that no human DNA was detected in the private parts of the defendant Hua Xiao and the victim, which can prove that Hua Xiao did not have a sexual relationship with the victim.

2. The existing evidence cannot prove that the defendant Hua Xiao used violence, threats or other means to violate the victim. Moreover, the defendant's confession is roughly the same as the victim's statement, which proves that the defendant did not use violence.

3. The existing evidence is insufficient to prove that defendant Hua Xiao had sex with the victim against her will. According to the victim's statement, his resistance to the defendant was only verbal and there was almost no physical resistance, which can be understood as half-hearted.

4. The incident occurred at the safety exit of the nightclub. For fire safety reasons, the iron door of the safety exit is open. People often go there to smoke and chat. According to the postures of both parties and the surrounding environment, if there is no victim, Without the cooperation, it would be impossible for Hua Xiao to succeed.

To sum up, I believe that the defendant Hua Xiao did not commit a crime, and he can plead not guilty in the second trial. "Fang Yi said.

"Lawyer Fang, if the procuratorate adds other new evidence, do you have a plan B?" the chairman asked.

"Criminal cases are different from civil cases. The Criminal Procedure Law does not make special provisions on the identification, handling methods and procedures of new evidence in the second instance.

However, in theory, it is generally believed that the principle of evidence being presented at any time is adopted in criminal proceedings, and the prosecution and defense can submit new evidence to the second instance court at any time.

If the new evidence is beneficial to the defendant, the court can generally accept it directly under the premise of cross-examination in the second instance. If the new evidence will directly affect the defendant's conviction or increase the penalty, which is not conducive to the defendant, the second-instance court will generally remand the case for a retrial to protect the defendant's right to cross-examine key evidence in both trials.

Of course, in judicial practice, not all courts will do this, but the vast majority of courts will do so.

If the procuratorate presents new evidence, it will depend on whether it is beneficial to the defendant. Without conclusive and sufficient evidence, a general court cannot determine that the defendant Hua Xiao committed a crime.

In the Criminal Law, there is a principle of innocence. "Fang Yi doesn't think there's much to say about the smart guy.

Since the chairman can rise to the top in the fierce competition of intrigues and can still take charge of the Hua Group, it shows that she is not a fool. Sometimes it's easy to deal with smart people without spending too much money.

…

An hour later, Fang Yi and Secretary Wu walked out of the villa, started the car and drove towards the city.

"Secretary Wu, what do you think?" Fang Yi asked.

Some things are clear to onlookers. Fang Yi is an insider, but Secretary Wu may not be able to see clearly.

"I think it's about the same. When Lawyer Zhao came yesterday afternoon, she said something similar to what you said, but you said one more thing than her. And regarding the new evidence, she obviously didn't answer as well as you did. Your theoretical basis is better than Lawyer Zhao's. Be solid and answer concisely, at least I can understand it.

I heard from Aunt Zhang that the chairman has met with five lawyers in a row in the past few days, and all of them seemed to be very good. There is still competition. But I have more confidence in you. Secretary Wu said.

"Just let fate dictate everything you do. Why do I feel like taking a case is like taking an exam?" Fang Yi glanced at Secretary Wu meaningfully.

"This is called an advantage. With capital in hand, there is naturally room for selection of professionals. If you become a leader, when these people need your help, the status of both parties will naturally be reversed.

When I was a child, I wanted to be a scientist. I felt that scientists were the best. The things created by scientists could not be bought with money. But later I found out that I was not that material, and I couldn’t even understand algebra. In order to make money, I could only follow capital transfers all day long and make some money that was not affordable.

It's only my job to be chosen by others, I have no choice at all. Secretary Wu sighed.

"Don't think so. A black cat or a white cat is a good cat if it catches mice. There is no distinction between jobs, just make money." Fang Yi advised.

"I think you are half right. As long as you make money, it is a good job, but jobs are divided into three levels. If a sanitation worker is allowed to be a bank president, then the sanitation worker will definitely be happy.

But on the other hand, if you ask the bank president to sweep the streets, the president will definitely be unwilling because he can't let go of face. The words are rough but not rough, don’t you think? Secretary Wu said.

"Well, that makes sense." Fang Yi nodded.

In the villa, in the study room, Zhang Jun was sitting on a chair, holding a cup of coffee in his left hand and a delicate small spoon in his right hand, stirring the coffee gently and elegantly, looking out the window with half-hearted eyes.

Aunt Zhang, who was standing by the side, coughed lightly when she saw the chairman acting like this: "Would you like me to change you to a hot cup? The coffee is already cold."

"No need, which of the three lawyers we've met these days do you think is more suitable?" Zhang Jun looked at Aunt Zhang.

"I'm just a servant, so I don't understand this. But the feeling that Lawyer Fang gave me... seemed okay.

Oh, by the way, Secretary Wu secretly stuffed me a red envelope today and asked me how many lawyers you have met. "Aunt Zhang said.

"What did you say?" Zhang Jun asked calmly.

"I said you met with five of them and told him that what those lawyers said was pretty good." Aunt Zhang said.

Zhang Jun smiled: "Aunt Zhang, you put a lot of pressure on him!"

"Secretary Wu has caused so much harm to our little Xiao, so we have to punish him." Aunt Zhang said, biting her molar teeth.

Even though Aunt Zhang and Zhang Jun have a master-servant relationship, they are related. She has been by Zhang Jun's side for some years and is Zhang Jun's most trustworthy person.

I've been stuck lately, so there have been few updates. I'll save some manuscripts for more updates!