Lawyer's character

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

According to the first paragraph of Article 306 of the Criminal Law, the crime of a defender obstructing testimony refers to a defender destroying or forging evidence in criminal proceedings, helping the parties to destroy or forge evidence, threatening or inducing witnesses to change their testimony or make statements contrary to the facts. The act of perjury.

In addition, according to the provisions of Article 35 of the Criminal Procedure Law, the defender’s responsibility is to provide materials and opinions that prove that the criminal suspect or defendant is innocent, that the crime is minor, or that the criminal liability is reduced or exempted based on the facts and law. Protect the legitimate rights and interests of criminal suspects and defendants.

According to the above provisions, after accepting the client's entrustment, the lawyer needs to actively carry out work and obtain evidence favorable to the defendant based on the facts of the case.

Of course, it is easy for ordinary people to understand that lawyers are paid to do things for lawyers. In order to make money, they will do whatever it takes to excuse the defendant and reduce his guilt. It is also easier for non-legal people to mistakenly think that the defender has participated in falsification of evidence and other behaviors that hinder testimony.

But in fact this is not the case. The positive actions of lawyers are all for the purpose of fulfilling their duties, which is the responsibility of lawyers. After accepting the client's entrustment, should the lawyer sit in the law firm all day long drinking tea and counting money, instead of looking for evidence favorable to the defendant for the benefit of the defendant so that the defendant can get a fair verdict? ! Is it wrong for lawyers to be proactive in their work? Obviously the answer is no.

Therefore, it is one-sided and not trustworthy to infer the defender’s subjective intention solely based on the defender’s positive attitude in investigating and collecting evidence and certain evidence-collecting behaviors, and it cannot be used as a basis for judging criminal cases.

In judicial practice, although it is inappropriate to exempt defenders from legal liability for all misconduct in the performance of their duties, inappropriately expanding the scope of legal liability for defenders will inevitably limit or even deprive defenders of their right to defend in disguise, thus hindering the exercise of defense rights. Lawyers perform their duties.

In summary, the defender believes that the appellant’s behavior and positive attitude in the Xu Chungen theft case cannot prove his subjective intention. complete. "Fang Yi responded.

Fang Yi's response was a bit cruel. He compared the female prosecutor opposite to ordinary people and non-legal persons. This is a civilized way of insulting people (swearing people without swearing). It is equivalent to telling the two ladies opposite you, you If you don’t understand the law, don’t act blindly.

The two female prosecutors opposite naturally heard Fang Yi's subtext, and their faces turned ugly for a moment. Their stomachs were full of anger and they couldn't let it out. It was so uncomfortable to hold it in.

Although everyone in the auditorium did not speak, their hearts were churning. Lawyer Fang’s mouth was really good at speaking, he really dared to speak, and it was so inspiring! However, what the girl opposite said is really irritating. If the lawyer works proactively, he will have the intention to obstruct the testimony and participate in the fabrication of evidence. This statement is too bold. I might as well leave the court to you.

Although lawyers are a vulnerable group (relatively speaking), they also have their own dignity (although this dignity is powerless in front of big clients). Lawyers express their defense opinions in court not only to make a living, but also to promote the progress of the legal system. For the stubbornness that has been buried deep in their hearts, it is worthwhile even if a lawyer's speech in court can play a small role.

…

After a ten-minute adjournment, the members of the collegial panel walked into the court again, and the presiding judge announced the verdict in court.

After trial, the Intermediate People's Court held that the evidence on which the original judgment was based on the fact that the appellant Guo Wenzhi induced the witness Shi Dali to commit perjury during the investigation was only the testimony of Shi Dali and lacked the support of other persons present at the time. The appellant Guo Wenzhi denied this section after being brought to trial and during the first and second trials, so it was determined that the factual evidence for this section was insufficient.

The other facts found in the original judgment were established, but based solely on the existing evidence and proven facts, it is difficult to determine that the appellant Guo Wenzhi had a direct intention to obstruct testimony. The factual evidence found in the original judgment was insufficient.

The final judgment of the Intermediate People's Court: 1. The criminal judgment of the original People's Court was revoked; 2. The appellant Guo Wenzhi was not guilty.

"Wocao, we are really acquitted!" In the auditorium, among the lawyers brought by Director Du, a male lawyer in his thirties expressed his surprise in the form of swear words after hearing the verdict.

Guo Wenzhi, who was in the dock, had his handcuffs removed and stood up. He looked at Fang Yi, his eyes full of gratitude.

When Fang Yi finished signing the transcript and walked out of the court gate, Director Du opened the door and got out of the Mercedes-Benz car outside the gate and waved to him. Fang Yi walked over quickly.

"Director Du, what's the matter?" Fang Yi asked with a tired smile.

"Well done. I owe you a favor. If you need anything, just call me and I will help you. I hope we have the opportunity to cooperate for a long time in the future." After saying that, Director Du put on his sunglasses and got in the car. The Mercedes-Benz slowly drove away from the roadside.

Fang Yi looked at the Mercedes-Benz going away and said to himself: Long-term cooperation! What does this mean? Poaching!

Fang Yi took out his cell phone and took a look. There was a missed call from Li Mingbo. Fang Yi dialed back.

"Hello? Lawyer Li, I'm Fang Yi. The court session just started. My phone was muted and I couldn't hear anything. What's the matter?" Fang Yi asked, not knowing why he was calling.

"It's nothing. Do you still remember the lawyer Zhou Shenzhou you introduced to me before?" Li Mingbo said excitedly.

"Remember, what's wrong? Did you go to him for an interview?" When Li Mingbo mentioned Zhou Shen, Fang Yi instantly understood that it must have been Li Mingbo who went to interview Zhou Shen.

"Ah, I'm going. Lawyer Zhou is very nice. He told me that the branch is being registered at this time, and asked me to come to the city to adapt to the environment, do some non-litigation work first, review contracts, and answer business questions. Fang’s consultation, after the procedures at the branch are completed in a few days, I will transfer the procedures." Lee Myung-bak smiled like a flower on his face.

"Have you discussed the salary issue?" Fang Yi was afraid that Li Mingbak, a bastard, would be so happy that he would forget to discuss the salary issue.

"Let's talk. During this period, Lawyer Zhou will pay me a salary according to the company's legal standards. After the lawyer relationship is over, I will pay the lawyer again. The benefits are pretty good." If Fang Yi saw Li Mingbo's expression at this time, Your jaw will definitely drop. Lee Myung-bak is smiling with teeth all over his face.

"That's a good thing, congratulations! Congratulations! Come sit here with me when you have time, and I'll treat you to dinner." Fang Yi said with a smile.

"No, I'm asking you. You helped me solve my work problem. This is a big deal. I must thank you very much. You can choose any restaurant in the city. ...Okay, you go first. I'm on my way back to the county now." , I have made arrangements in the past few days to go to work for Lawyer Zhou next week." After finishing speaking, Li Mingbo hung up the phone.

After putting away his cell phone, he sat on the long-distance bus back to the county and wondered if what he had just said was a bit big. Treating someone to a meal at the best restaurant in the city would cost a lot of money. If he couldn't go back, he would first find a wife. Pay some living expenses in advance, otherwise you won’t be able to pay for the treat, how embarrassing!