Lawyer's character

Two days later, Guo Wenzhi came to the detention center again to meet Xu Chungen, and Guo Wenzhi told him the contents of Shi Dali's testimony.

In mid-March, the trial of Xu Chungen’s theft case continued. After Xu Chungen learned the content of Shi Dali's testimony, he continued to insist on the confession he made during the previous trial. His confession statement was very different from Shi Dali's testimony.

However, after deliberation, the three judges of the collegial panel of the first instance did not accept Shi Dali's testimony and sentenced Xu Chungen in court.

Afterwards, Xu Chungen refused to accept the verdict and appealed.

During the second trial, Xu Chungen's accomplice was arrested in another province, and he confessed that he and Xu Chungen stole the toy iron from the factory. The public security agency found Shi Dali to verify the situation. Shi Dali could not bear the pressure and finally recounted the testimony and put all the responsibility on Xu Chunming and Guo Wenzhi.

Subsequently, the public security organs summoned Xu Chunming and Guo Wenzhi. When Xu Chunming saw that the matter was exposed, he only said that he had asked his lawyer to go to Shi Dali to inquire about the case. He denied any other information and did not add insult to injury and passed the blame to Guo Wenzhi.

The case was then transferred to the procuratorate, which accused Guo Wenzhi of obstructing testimony and filed a public prosecution in the court.

The court held that when the defendant Guo Wenzhi served as Xu Chungen's defender, in order to reduce the amount of Xu Chungen's theft from a huge amount to a relatively large amount and reduce Xu Chungen's guilt, he used inducement and questioning to induce witnesses to perjury, and his behavior hindered the criminal proceedings. The normal conduct of the proceedings constitutes the crime of the defender obstructing testimony.

In the end, the court sentenced the defendant Guo Wenzhi to one year in prison in accordance with the provisions of Article 306, Paragraph 1, of the Criminal Law.

After the verdict of the first instance was announced, Guo Wenzhi refused to accept the verdict and appealed to the Municipal Intermediate Court on the grounds of innocence.

Fang Yi listened quietly to Guo Wenzhi's narration. To say that Guo Wenzhi was unjustly accused, his approach did have some flaws, but to say that lawyer Guo constituted a crime, Fang Yi felt that the prosecution's evidence was not so perfect.

"Lawyer Fang, I know that your professional level is higher than mine. Please help me think of a way. I really didn't want to hinder the criminal proceedings at the time. I just felt that there was an opportunity to reduce the sentence for the defendant and strive for the best interests of the defendant, so... ..., I was wronged." Guo Wen looked at Fang Yi straightly, his eyes a little moist.

The first time he saw Fang Yi, he understood that his master, Director Du, had tried his best. The lawyers in his team must not be optimistic about his case, otherwise Director Du would not have hired foreign aid.

"Well, I'll study the case again. Don't worry, we are all from the same law firm, and I will do my best." Fang Yi nodded.

In the office of the director of Wanhua United Law Firm, Fang Yi was drinking tea, but his expression was not relaxed. Opposite him, Director Du and Director Wan, after listening to his analysis of the Guo Wenzhi case, looked at him calmly.

"Lawyer Fang, how sure are you about this case?" Director Du thought for a while and asked.

"This case, judging from the existing evidence, is very unfavorable to Guo Wenzhi, but it is not impeccable. Although the cross-examination of the case evidence in the first trial has been completed, everything that needs to be said has been said, and there is no new evidence.

However, there is only the testimony of witness Shi Dali, and other evidence is relatively weak. In this case, Guo Wenzhi's guilt may not be certain.

And we can defend it from other angles, so this case still has a chance. Fang Yi said, putting down his tea cup.

"Well, I have read the case file before, and the evidence is indeed unfavorable to Guo Wenzhi. From which angle are you going to start?" Director Du asked with a look of concern.

"I'm going to defend from a subjective point of view. Although we can't find a very favorable point from the evidence, it's difficult for the procuratorate to prove that Guo Wenzhi had the intention to obstruct testimony from a subjective point of view. I'm going to defend from this perspective." Fang Yi said with a serious face.

"Can this work?" Director Du was a little skeptical about Fang Yi's words. She had discussed this case with the criminal lawyers in her team before. Everyone agreed that the possibility of successful defense of this case was unlikely, and she was unsure because the Procuratorate The evidence presented is strong.

Whether it is a civil case or a criminal case, in a lawsuit, the evidence is what you fight, just like hitting a snake seven inches away. The fatal position is held by the other party. The chance of turning over cannot be said to be impossible, but it is too slim. Unless a miracle happens!

"Criminal cases are different from civil cases. The defendant does not need to prove his innocence. The obligation to prove the defendant's guilt lies with the prosecutor, not the defense lawyer. I am right!" Fang Yi looked at Director Du.

"Well, we all know this." Director Du and Director Wan nodded.

“The problem now is that the evidence submitted by the procuratorate is relatively complete, but of course it is not perfect, and there is another requirement for the crime of obstructing testimony, which is that the defendant must have subjective intention.

So far, Guo Wenzhi has never admitted that he had the intention to obstruct the testimony. He has always emphasized that he heard Xu Chungen said that he was drinking with Shi Dali on the night of the incident, so he went to investigate and collect evidence.

Although there were some flaws in the procedures and questioning content during the investigation, these flaws may not necessarily solidify his charge of obstructing testimony, nor may they prove his criminal intent. There are other possibilities in this case.

The purpose of my defense is to infinitely magnify this reasonable possibility. Of course, there are certain risks and there is also an element of luck. "After Fang Yi finished speaking, he stared at the two directors and waited for their replies.

"Well, I think it's feasible." Wan Kefa nodded after hearing this.

"Okay, since there is no other better way, let's do this." Director Du nodded and approved Fang Yi's defense plan.

"Okay, then I'll go back and prepare my defense opinion. The second trial of Guo Wenzhi's case will open next Wednesday. Director Du, do you want to attend?" Fang Yi asked.

"It depends on the situation. If I have nothing to do next Wednesday, I will go and listen." Director Du smiled.

After Fang Yi left, Director Du picked up the tea cup and was about to drink tea when he suddenly paused and turned to look at Wan Kefa: "Lao Wan, where did you get Lawyer Fang from?"

"You have to ask Lao Hua about this. He didn't want to leave it to me. To be honest, I didn't intend to ask for it at the beginning. He forced it on me. You must never mention this matter in front of Lao Hua. His blood pressure Not good!" Wan Kefa said with a sly smile, looking like an old fox who got a good deal but still behaved well.

"Tch! Stop playing tricks on me. I won't tell Lao Hua. Let's do this. Lawyer Fang needs to know more about Guo Wenzhi's case. Let him stay in our team for a while first and wait for the case. It's over..." Halfway through Director Du's words, Wan Kefa's eyes suddenly changed.

"Don't! Don't! My dear fellow, you almost led me into a ditch. Lao Hua made clear terms and robbed me, but you were openly building a plank road to seize Chencang in secret.

We are brothers who have settled the accounts. Lawyer Fang is a partner of our law firm and a member of my team. You cannot poach us. "Wan Kefa stared, like a cat whose tail had been stepped on.

"Okay, look at how stingy you are! You can't even do it on secondment. I'll let you choose the lawyers in my team. How about we do a one-to-one secondment?" Director Du asked unwillingly.

"No need to talk! Absolutely not."

"I'll add another spot for you, think about it..."

"I won't change! I am from a small family, and I can't afford to support more people..."

I finished two chapters tonight. Thank you to all the book friends for your support.