Lawyer's character

In the afternoon, Guo Wenzhi's wife came to the law firm and went through the entrustment procedures for the second instance.

Soon after, Lawyer Wang from Director Du's team asked his assistant to send the case file materials to Fang Yi. Fang Yi originally wanted to ask Lawyer Wang to learn about the case, but the assistant said that Lawyer Wang had gone to another province for a court hearing and it would take two or three days to come back.

Fang Yi looked at the assistant's leaving figure, feeling suspicious in his heart. He couldn't figure out whether Lawyer Wang was really on a business trip, or he was dissatisfied with Director Du for handing over the second trial of the case to lawyers from other teams and was unwilling to cooperate with him. If this was all for nothing. It's not worth offending people for no reason. But then he thought again, Lawyer Wang and he were not on the same team anyway, everyone worked on their own merits, it didn't matter. A law firm is not a company and does not have such complicated interpersonal relationships.

In the afternoon of the next day, Fang Yi went to the detention center to meet with lawyer Guo Wenzhi.

Although Guo Wenzhi and Fang Yi both practice at Wanhua United Law Firm, they belong to two different teams. Fang Yi had no interaction with him before and did not know him.

Wanhua United Law Firm does not include paralegals, but there are more than 200 lawyers alone, and there are two more teams as large as three directors. Although there are not many other legal teams, there may only be three or four, or even two or three lawyers, but there are also eight or nine. Usually everyone is busy with their own affairs, and it is impossible for Fang Yi to know them all.

Even within the Wanke Law team, Fang Yi does not know all the lawyers in the legal advisory team and case negotiation team. Most of the lawyers are just familiar faces, cannot be called by name, and have no interaction with them.

Guo Wenzhi in the detention center has long since lost his grace as a lawyer. No matter what the final verdict is, he is currently a prisoner and must follow the rules of the detention center. He is asked to squat but not to stand, and to wait without being anxious. No matter how beautiful you are outside, you have to be honest inside because your freedom is gone!

Fang Yi looked at Guo Wenzhi, who was sitting opposite: "Lawyer Guo, Director Du has talked to me. I will defend you in the second trial."

"Yeah." Guo Wenzhi smiled miserably and looked at Fang Yi: "I think it's quite funny. The seat you were sitting in was mine..."

"Now that it's like this, don't think too much about it. I've read the case file. Please tell me in detail what happened. I need the details." Fang Yi looked at Guo Wenzhi in front of him, feeling quite uncomfortable.

The job of a criminal lawyer is actually to dance on the tip of the knife. When the dance is done, everyone applauds. If you don't dance well, you will end up in jail like Guo Wenzhi opposite you. Of course, you can also choose to compromise, work tepidly, and work nonchalantly, but even so, you never know when you will step on the red line and say the wrong thing. In short, this job cannot be done well just by holding a lawyer's certificate. It is easy to get yourself involved.

"Well, I understand what you mean. I took on a criminal case before..." Guo Wenzhi is also a lawyer, and he also handles criminal cases, but he is not as lucky as Fang Yi, nor does he have as deep a theoretical foundation. But he understood what Fang Yi said.

At the beginning of this year, Guo Wenzhi was introduced to Xu Chunming, the brother of criminal suspect Xu Chungen. Xu Chungen was arrested by the public security agency on suspicion of theft. Xu Chunming consulted Guo Wenzhi twice about his brother's case. Later, Xu Chunming entrusted his brother's case to Guo Wenzhi.

After accepting the entrustment, Guo Wenzhi went to the detention center to meet Xu Chungen and learned that Xu Chungen was originally an employee of an iron factory. He took advantage of working in the factory and being familiar with the environment, and collaborated with others to steal tongba iron (casting pig iron) from the factory many times. ). At the time of the incident, a truck driver who came to the factory to deliver goods drove a truck to secretly pull a tortoise out of the factory. He was discovered by the factory security department and called the police.

According to the truck driver's confession, he and Xu Chungen were friends. On the day of the incident, Xu Chungen and another colleague named Li conspired to steal the tombox iron in the factory. He was responsible for transporting it. After the incident, the three of them divided the stolen goods. Xu Chungen and his colleagues helped install the bastard iron on the car.

After investigation, the public security department determined that Xu Chungen and three other people had stolen the torpedo iron from the factory six times in total. The value of the stolen torpor iron was 31,300 yuan. The last piece of tomboy stolen was worth RMB 3,800.

After that, Guo Wenzhi went to the detention center again to meet with Xu Chungen. During the meeting, Xu Chungen argued that he had not participated in the theft on the night of the crime. He had been drinking at his friend Shi Dali's house on the night of the crime.

After the meeting, Guo Wenzhi invited Xu Chunming to the teahouse and told him that Xu Chungen did not admit to the last theft charged in the indictment. Whether the theft was established or not was related to Xu Chungen's sentencing (the amount standard for the crime of theft: the standard for "huge amount" is Thirty thousand yuan to more than one hundred thousand yuan, and the larger standard for "larger amounts" is one thousand yuan to more than three thousand yuan. Because there are no special regulations in the province, the starting point for huge amounts is thirty thousand yuan, and Xu Chungen's theft amount Just stuck on the line), if Shi Dali can come forward to testify, the last theft cannot be established. The amount of the theft is less than 30,000 yuan. The court can only find that the amount of Xu Chungen's theft is relatively large and sentence him to fixed-term imprisonment of less than three years, criminal detention or public surveillance; otherwise Xu Chungen is likely to be sentenced to a prison term of more than three years to less than ten years.

Guo Wenzhi asked Xu Chunming to find Shi Dali to see if the latter was willing to testify.

When Xu Chunming heard that his brother's sentence could be reduced so much, he called Shi Dali to his home that day. Later, Xu Chunming was afraid that he was unprofessional and the witness testimony produced by Shi Dali was irregular, so he invited Guo Wenzhi to his home.

Guo Wenzhi introduced to Shi Dali what he learned from the lawsuit materials about Xu Chungen's theft, the escape of other criminal suspects in the same case, and his meeting with Xu Chungen. At the same time, he told Shi Dali that if Shi Dali could testify against Xu Chungen, Xu Chungen's guilt could be reduced and Xu Chungen would be spared several years of imprisonment. Shi Dali agreed to Guo Wenzhi and Xu Chunming's request out of sympathy.

Subsequently, Guo Wenzhi conducted inductive questioning on Li in the form of "yes" or "no" as long as Shi Dali answered "yes" or "no", and produced an investigation material showing that Xu Chungen and Shi Dali were drinking together at the time of the crime, and that Xu Chungen had no time to commit the theft. .

Guo Wenzhi deliberately listed the investigators as Guo Wenzhi and his paralegal, and the location of the investigation as Shi Dali's home. He also told Shi Dali that if anyone asked about the investigation, he would say that Guo Wenzhi and his paralegal conducted the investigation at Shi's home.

After that, Xu Chungen's theft case was heard in public. During the trial, Xu Chungen overturned his original confession in court and argued that he drank with Shi Dali that night and did not commit the crime.

In order to verify the facts of the case, the presiding judge adjourned the case.

Afterwards, the prosecutor of Xu Chungen's theft case and the presiding judge of the court, together with Guo Wenzhi, approached Shi Dali to investigate and collect evidence. What Shi Dali said was consistent with his previous testimony.