Lawyer's character
Chapter 755 Eight-character Mantra
"But didn't the procuratorate change the charge to the crime of purchasing stolen property? Is our actual effect still big?" Yun Qiao asked, tilting his head.
"It definitely plays a role, because you can't be sure what the judge will think. When the evidence is insufficient, although it is possible for the judge to convict the defendant based on the presumption, in view of the insufficient evidence and the defendant not pleading guilty, the judge will not decide on the sentence. There may be some considerations," Fang Yi replied.
"Yes, the defendant has never pleaded guilty, and there are no statutory circumstances for lenient punishment. We don't have a good solution...but I always feel that Gu Jun is lying." Yun Qiao said.
"Yun Qiao, you have to remember that seeing is not necessarily believing, black is not necessarily black, white is not white, and habitual thinking can sometimes be deceiving. So it's hard to say in Gu Jun's case, our The job is to defend Gu Jun based on the available evidence.
As for whether Gu Jun really committed a crime, the burden of proof is not on us. In the procuratorate, when everything is unclear, we can doubt everything, but our work is to work in a direction that is beneficial to the defendant, because we are the defendant’s defender. "Fang Yi was afraid that Yun Qiao wouldn't understand, so he explained it again.
"Yes, I understand. Lawyers should consider issues from a legal perspective and try not to mix personal likes, dislikes or emotions." Yun Qiao nodded.
"That's right. If you encounter a case that your conscience really cannot accept in the future, you don't have to do it. Don't force yourself to do it, otherwise you will be very entangled and put a lot of psychological pressure on you." Fang Yi said with a smile.
After Yun Qiao left, Fang Yi began to prepare a defense statement in Gu Jun's case.
Soon, Gu Jun's case came to court, and Gu Hongqing attended the trial.
This trial was the most uncomfortable one that Yun Qiao has participated in so far. During the entire trial, although the prosecution and defense had some interactions, most of the time, the defender was suppressed by the prosecutor.
The prosecutor brought out everything that Fang Yi had said to Gu Jun and his son before, and fired one round at the defendant's box and the defense box. Although Gu Jun was mentally prepared, he still started to doubt life after being asked.
Fang Yi had long expected that today's court hearing would not go well, so he was mentally prepared. He had only one purpose of defense, which was to prove that the existing evidence was insufficient to prove the defendant's guilt. In fact, the prosecutor cannot produce any evidence that directly proves the defendant's guilt. Everything is a presumption.
Gu Hongqing, who was in the auditorium, was chanting Buddha's name in his heart, and he admired Fang Yi in his heart: Lawyer Fang is really awesome. Basically, all the questions asked by the prosecutor were questions that Lawyer Fang asked us to give reasonable explanations. It seems that the final verdict is...
After the trial, the presiding judge pronounced the verdict in court.
The court held that although there was no direct evidence to prove that the defendant had "knowing" intention in this case, except for the defendant Gu Jun's statement, according to the "On Investigation and Punishment According to the Law" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Administration for Industry and Commerce, Article 17 of the Provisions on Motor Vehicle Theft and Robbery Cases: When the motor vehicle certificate procedures are incomplete or the regulations are obviously violated, it can be deemed that the defendant should have known.
Based on this, the court held that the defendant Gu Jun had a "knowing" criminal intent subjectively and objectively purchased stolen cars, and was found guilty of the crime charged by the public prosecution.
In accordance with the provisions of Articles 312 and 53 of the Criminal Law, the verdict was that the defendant Gu Jun was guilty of the crime of acquiring stolen property and was sentenced to one year of surveillance and fined RMB 1,000.
After hearing the verdict, Gu Jun in the dock was dumbfounded and his illusions were shattered.
In the auditorium, Gu Hongqing looked remorseful. If he had known that his son would be sentenced to one year of surveillance, he might as well have confessed and accepted the punishment and let Fang Yi communicate with the prosecutor to try to get a suspended sentence. Regret!
After the trial, Gu Hongqing watched his son being taken out of the court by the bailiffs, his eyes full of reluctance and regret.
"Lawyer Fang, this case... I might as well have listened to you." On the roadside outside the court gate, Gu Hongqing looked at Fang Yi with a troubled expression.
Yun Qiao on the side was vaguely gloating: I told you and my son that I would definitely be found guilty in this case, but you don’t believe it, so you have to try it. It’s okay this time, it’s too late! Fortunately, the sentence was not severe and it basically met expectations.
"Mr. Gu, do you want to appeal? Let me advise you that even if this case is appealed, it is unlikely that the verdict will be changed." Fang Yi looked at Gu Hongqing and advised.
"No, I accept the sentence and will not appeal. In fact, my son..." Gu Hongqing said hesitantly.
"Mr. Gu, you just need to know some things. For us, we can only defend based on the evidence in the case. As for the facts, it may not be important." Fang Yi said without waiting for him to finish.
Gu Hongqing was startled, then said: "Well, you are right. Thank you."
After Mr. Gu left, Yun Qiao asked curiously: "Master, does he want to tell us the truth? Why don't you listen?"
Fang Yi looked at Yun Qiao, who was as curious as a baby: "Does what he said must be the truth?"
Yun Qiao blinked, then shook his head: "It's hard to say."
"So, does it matter whether you listen or not? It will only increase your worries, so why bother!" Fang Yi finished speaking and walked towards the Toyota car parked on the roadside.
Fang Yi sat in the passenger seat, looked forward, and said calmly: "Yun Qiao, do you know Enron?"
"Enron? Is it the company that went bankrupt in the United States?" Yun Qiao, who was driving, replied.
"Yes. Enron was once one of the world's largest energy, goods and services companies. It was ranked seventh among the Fortune 500 and was known as a global leader.
The accounting firm that provides services to this company is the fifth largest accounting firm in the world. Such a giant company actually committed financial fraud and collapsed due to financial fraud. The accounting firm that provided services to it was punished.
I think his fall is meaningful, at least it has changed the attitude of professional service organizations towards customers. "Fang Yi said.
"What do you mean?" Yun Qiao didn't quite understand Fang Yi's words.
“Before this company collapsed, accountants’ attitude towards clients was to trust first, and then look for financial flaws. After this company collapsed, accountants’ attitude towards clients was to first doubt, then seek verification, and finally selectively trust. .
I think this is something we can learn from. No matter what background the client has or what endorsement he has, even if the client has the halo of an angel on his head and there is evidence to support everything, the lawyer cannot completely believe the client's words.
Because evidence is dead and people are alive. Don't believe easily, you must doubt it first, and then verify it bit by bit. This is a professional and cautious attitude.
It can be summed up in eight words: Be bold in doubting, be careful in seeking confirmation! "Fang Yi explained.
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