Lawyer's character

After signing the entrustment agreement, Tang Changshi and Zhuang Li went to the victim Xiang Qing (a female netizen) to discuss reconciliation. In the end, Zhuang Li used 10,000 yuan to induce the victim Xiang Qing to make a false statement, falsely claiming that the two were lovers and that she had a voluntary relationship with the defendant, with the intention of acquitting the defendant Zhuang Zhenwei.

After that, Tang Changshi and another male lawyer from the firm found the victim Xiang Qing and made an investigation record. In the transcript, the victim made a false statement in accordance with Zhuang Li's request, claiming that he had voluntary sex with the defendant.

After obtaining the investigation transcript, Tang Changshi submitted the transcript to the procuratorate and used this as a reason to apply to the court for the victim Xiang Qing to testify in court to defend the defendant's innocence.

The victim made a false statement about the rape when being questioned by the court, and the case was subsequently returned for supplementary investigation.

After additional investigation by the public security organs, it was found that the victim changed his statement while receiving bribes from the defendant's father, Zhuang Li. After that, the trial was held again, and the court of first instance sentenced the defendant Zhuang Zhenwei to ten years in prison for rape.

Subsequently, the defendant's father, Zhuang Li, was captured. Zhuang Li confessed that he was the victim Tang Changshi's lawyer asked him to find, and offered 10,000 yuan to induce the victim to change the content of his statement. Later, lawyer Tang Changshi was arrested by the police for obstructing testimony.

After trial, the court held that the defendants Tang Changshi and Zhuang Li used bribery to instruct others to give false testimony, which constituted the crime of obstructing testimony. Xiang Qing knowingly knew that he was a criminal and fabricated false evidence to cover up, which constituted the crime of cover-up. The defendants Zhuang Li and Xiang Qing voluntarily plead guilty in court and may be given a lighter punishment as appropriate.

In accordance with Article 307, paragraph 1, Article 310, paragraph 1, Article 17, paragraphs 1 and 3, Article 72, paragraph 1, and Article 73 of the Criminal Law of the People's Republic of China, According to the provisions of paragraphs 2 and 3 of Article 1, the judgment shall be as follows:

1. Defendant Tang Changshi was convicted of obstructing testimony and was sentenced to one year and six months in prison;

2. Defendant Zhuang Li was convicted of obstructing testimony and was sentenced to one year in prison, suspended for two years;

3. The defendant Xiang Qing was guilty of harboring the crime and was sentenced to one year of surveillance.

After the first-instance verdict, Tang Changshi refused to accept the verdict and filed an appeal.

After trial, the Intermediate Court held that the appellant Tang Changshi, as the defender of the defendant Zhuang Zhenwei, violated the provisions of the Criminal Procedure Law by investigating and collecting evidence from the victim Xiang Qing without authorization, and bribed the victim to make false statements, which hindered the prosecution of major criminal cases by the national judicial organs. The defendant's conduct was carried out normally, with bad means and serious consequences. His behavior constituted the crime of obstructing the defender's testimony.

Under the guidance of the appellant Tang Changshi, the defendant Zhuang Li in the original trial paid for the victim Xiang Qing to make false statements. His behavior constituted the crime of obstructing testimony, but the circumstances of his crime were minor and he could be exempted from criminal punishment.

Under the instruction of Tang Changshi and Zhuang Li, the defendant Xiang Qing in the original trial changed the true statement he made to the investigative agency and made false statements, which hindered the normal conduct of the criminal proceedings. However, given that the circumstances were obviously minor and he was a minor, the defendant Not treated as a crime.

In accordance with Article 189, Item (2) of the Criminal Procedure Law, Article 306, Paragraph 1, Article 307, Paragraph 1, Article 37, and Ten of the Criminal Law, According to the provisions of the three articles, the judgment is as follows:

1. The appellant Tang Changshi was convicted of the crime of obstructing the defender's testimony and was sentenced to one year in prison;

2. The defendant Zhuang Li in the original trial was guilty of obstructing testimony and was exempted from criminal punishment;

3. Xiang Qing, the defendant in the original trial, is not guilty.

"Hey! I persuaded him to handle criminal cases with me a long time ago. He also said that criminal cases were too risky and he wouldn't do it. But in the past few years, he has refused to accept anyone who comes.

In order to make money, he actually encouraged the father of the client to find the victim... This is a taboo in criminal cases. Even if he doesn't understand, he should know that privately leading a victim to give false testimony is an illegal crime.

This can only mean that he is really short of money! "Meng Guangda's expression was complicated.

"Today's legal market is a mixed bag. Law firms and sales teams can do everything except go to court. The judicial authorities don't care. Just a company can do legal things. The market must be chaotic. It's strange that the competition is not fierce. Internal Sooner or later, it will be a matter of time." Zhou Ying said angrily.

"Well, if this continues, the legal market will be destroyed sooner or later. Let's work together. Fortunately, our team has a lot of business." Meng Guangda said.

"Well, our main business direction is criminal business, which is relatively good. When a client encounters a criminal problem, the first reaction is to find a lawyer. Because it involves personal freedom or even life, the client still trusts the lawyer more. So we The business is not bad." Zhou Ying replied.

"This case went full circle. In the end, the lawyer was sentenced to one year. One of the other two people was exempted from criminal punishment, and the other was not guilty. They went through it all for the lawyer's fee of 10,000 yuan. Not only did they get themselves involved, but they also Lost his job as a lawyer.

Even if you don't make money and cancel your lawyer's license and don't practice law, there must still be other jobs to do. Now it's fine, it's a stain. Why! Why bother! "Meng Guangda felt unworthy of his colleagues.

"What are you two discussing? It's so serious." At this moment, Du Yong came back with his briefcase. He had just returned from the court session.

"One of Da Ge's colleagues was sentenced to one year for obstructing testimony. Handling criminal cases is really risky." Zhou Ying looked at Du Yong.

"The risk must be high! Don't even think about who we are facing. It is a state machine, so we must be cautious and cautious when handling cases. Lawyers come in every year, mostly with false lawsuits and obstruction of testimony. Of course, this does not exclude a certain banker. There are many cases, so I have always said that cases involving gangsters and politics cannot be accepted. Of course, not to mention those barristers who have been arrested for bribery." Du Yong said.

Yu Wendong, who was sitting aside, felt his heart tremble after hearing this, and thought to himself: Thanks to joining a professional criminal team, if he were still in the original law firm, he might have handled a criminal case someday... The risk is too great!

…

In the evening, Du Yong came home. After dinner, he sat on the sofa and watched boringly long TV series. Wen Rao had a facial mask on her face and a nightgown. She was holding half a cucumber in her hand and eating as she walked. She came closer and sat on the sofa, putting her two big white legs on the coffee table, looking like a petty bourgeoisie.

"You yelled not to eat during the meal. After the meal, there were a lot of cucumbers and tomatoes. Before going to bed, I had to have another plate of grapes. Just eat like this. I'll see when you can lose weight." Du Yong looked helpless. Look at my wife.

"What's wrong? This is called sharing multiple meals. I read it on the Internet. It can help you lose weight. Hey! Why are you watching TV series? Who watches TV these days? Quickly change the movie channel for me. There are blockbusters." She grabbed the remote control and changed to the movie channel.

"Do you know what happened to my uncle's case?" Wen Rao asked.