Lawyer

Chapter 412 Joint crime
Fang Yi thought to himself: Next time, I must not accept the case of legal practitioners, there are endless problems!These fathers and sons are simply problematic fathers and sons.

"I think you may have some misunderstandings, joint crime does not require the defendants to constitute the same crime.

You see, Article No. 20 of the "Criminal Law" stipulates that a joint crime refers to a joint intentional crime by two or more people, and a joint negligent crime by two or more people.

According to the above provisions, the key to determining a joint crime is whether two or more people have the intention to commit a joint crime subjectively and whether there is a joint criminal act objectively. different charges.

Let me give you an example. For example, A failed to ask B for a legal debt of 1000 million yuan. Then A found C and concealed the real situation, saying that B is a local rich man who bullies men and women because of his unkindness. Kidnapped and extorted 1000 million yuan.

Then A and C jointly carried out the act of kidnapping B. C constitutes the crime of kidnapping, and what A extorts is the 1000 million legal debt owed to him by B, which only constitutes the crime of illegal detention.

Although the specific charges committed by A and C are different, it is clear that they constitute a joint crime. A and C respectively constitute different charges, but belong to joint crime, you understand! "Fang Yi looked at Zhao Fengxiang.

"Hmm...it seems to be the case." Zhao Fengxiang turned his brain, recalling Fang Yi's example just now.

"Now let's look back at this case. Your son Zhao Yun and Wei San'er maliciously colluded to forge evidence and implement false lawsuits. Zhao Yun filed a lawsuit to the court, and Wei San'er cooperated with him in making false statements to the court. Subjectively, the two have jointly committed obstruction of justice. The meaning of the activity means that objectively, the two jointly committed the act of obstructing judicial activities, and both belonged to intentional crimes, so the two belonged to joint crimes.

In the process of false litigation, Zhao Yun instructed Wei Saner to forge evidence, and his behavior was essentially the abettor of Wei Saner's help in forging evidence.

Wei San'er was instructed by Zhao Yun to help him forge evidence, and his behavior complied with the crime of helping to forge evidence in criminal law, so it constituted the crime of helping to forge evidence.

Your son Zhao Yun is the mastermind and main beneficiary of the false lawsuit. He instigated Wei Saner to fabricate evidence and make false statements to the court, which played a major role in this case and can be identified as the principal culprit in this case; and Wei Saner was instructed by Zhao Yun to, The act of helping to falsify evidence plays a secondary role in this case and is not the main beneficiary, so it can be determined as an accomplice in this case.

So your son Zhao Yun and Wei San'er belong to a joint crime. If I explain it this way, you can understand! "Fang Yi said.

"Let me figure it out. You mean that my son Zhao Yu ordered Wei San'er to make a fraud, and then my son and Wei San'er sang together and sued the court for a false lawsuit, so they are joint crimes, right?" Zhao Fengxiang thought thought.

Understanding Fang Yi's explanation just now has cost him an unknown amount of brain cells. It's not bad to be able to sum it up like this. After all, I'm getting old, and I spend all day in the wine shop, and my head is a little unresponsive after drinking.

"Well, almost!" Fang Yi took a sip of tea and moistened his throat.

"Then...Lawyer Fang, how will my son's case be judged?" Zhao Fengxiang said eagerly to save his son.

"It's hard for me to say, but if I handle this case, I will plead less guilty. Although your son has obtained the mediation paper through false litigation, it has caused certain damage to judicial activities. However, your son's illegal gains in the false litigation process Not too much. There is a high probability that the court will not apply the second-tier sentence." Fang Yi said.

"Well, Lawyer Fang. If I entrust you to defend my son, how much will the lawyer's fees cost?" Zhao Fengxiang felt that the question was almost over, and it was time to talk about the entrustment.

"Before you gave 3 yuan, and another [-] yuan in legal fees. A total of [-] yuan." Fang Yi said.

"3 yuan... Can you give me a discount? My son likes to gamble, and the family doesn't have much money. I'm old again, and I go to the hospital all day... Can [-] yuan be enough?" Zhao Fengxiang said.

Fang Yi snorted coldly in his heart: Look at your flushed face, you don't look like someone who runs to the hospital every day!Even if you go to the hospital, you should prescribe health care medicine!

"Forget it! It's not easy for you. Let me make another step, 5000 yuan. You have paid 1 yuan before, and you will pay another 5000 yuan. This is already very low. If it is not for my colleagues, I will not give it to you. This price." Fang Yi really didn't want to talk to him.

"Okay, I'll listen to you, it's only 5000 yuan. I'll swipe the card!" Zhao Fengxiang nodded and said, "Hey! My son doesn't live up to it! He deserves to be arrested now."

"Since this is the case, don't worry if you are old. Leave the rest to me." Fang Yi comforted.

"I'm not in a hurry, I'm just angry. Originally, I was angry when he played with money all day long, cursing him all day long that he might be caught by someone who caught gambling. But I didn't expect this bastard to collude with others to initiate a false lawsuit. This time it's all right, the house is considered clean..." Zhao Fengxiang hated iron for being weak.

Don't look at Zhao Fengxiang's words, Fang Yi knows how distressed he is. No matter how bad his son is, he is his own flesh and blood. If old Zhao was so heartless, he wouldn't hire a lawyer for his son.

The day before the holiday on October [-], the county court called Fang Yi, saying that Zhao Yun's obstruction of testimony case would start at nine o'clock the morning after returning from the October [-] holiday.

In addition, Fang Yi learned a news that surprised him from the judge's assistant. Wei San'er died of a sudden cerebral hemorrhage a few days ago, leaving only one defendant in this case, Zhao Yun.

In the golden autumn, the summer heat has long subsided, the weather is getting colder, and the afternoon sun shines on the body, making people more lazy.

On October [-]st of this year, Cao Xiaohui neither took her son Fang Anzhi to go abroad to experience exotic customs, nor arranged tutoring for her son, and even called Fang Yi very rarely, asking him to come home to pick up Fang Anzhi and go to the village to relax. , The euphemistic name is: I am too tired from studying, and the son who is fed duck-style education has a big head and needs to rest and mediate.

After Fang Yi put down the phone, he felt a little puzzled. Usually, he would take the initiative to call and ask his ex-wife if he could take the children back to his hometown to see his grandfather. What happened today?Is the sun coming out from the west?

The reason Cao Xiaohui gave was that the company was busy with business and had to organize VIP customers and company executives to travel abroad, so she had no time to take care of her son, but Fang Yi always felt it was weird. Cao Xiaohui's tone contained an indescribable anxiety and uneasy.

On the day of the October [-] holiday, Fang Yi drove downstairs to pick up his son Fang Anzhi. Cao Xiaohui did not go downstairs, but waved to Fang Anzhi downstairs from the balcony upstairs, and then closed the screen window.

(End of this chapter)