Lawyer

Chapter 414 Chapter 433 Chapter 434 (Consolidated Chapters) Trial of Zhao Yun's Obstruction of Testimony Case

When the sun rose to the top of the head, it was quiet in the past, and the unpopular yard was full of laughter. After Fang Youcai saw his grandson, the wrinkles on his face were so full of laughter that he almost lost his smile. He didn't say anything. Serve the meat.

"Dad, when I came back just now, I met Brother Mao on the road. Brother Mao said that our village will build a road to occupy land. It is said that a road to Jin Province will be built. Is it true?" After eating , Fang Yi sat on the bench in the courtyard and chatted.

"I've been yelling for seven or eight years. It is said that the above-mentioned funds are allocated every year, but road repairs have not been seen. To be honest, the road construction still takes up our land. Passed by our house and said it was compensation, but I didn't believe it later." Fang Youcai knocked on the cigarette bag and pot.

"This time it may be true. Brother Mao said that the higher-ups will come to the village to measure the land and discuss compensation in a short time." Fang Yi said.

"Well, it's good to build a road. It's really done. It's convenient for the villagers to go to Jin Province to work, and they don't have to go too far." Fang Youcai filled another bag of cigarettes, turned to look at his grandson who was fighting the big rooster, and said hastily : "Xiao Zhi, be careful, our big rooster is fierce."

As soon as the words were finished, Fang Anzhi let out an ouch, and ran back with his left hand covering the back of his right hand.The big rooster behind him held its head high and fluttered its wings. Seven dissatisfied and eight unrepentantly stepped forward, declaring the sovereignty of the vicinity of the chicken coop as a victor.

"Master, it pecked at me." Fang Anzhi said aggrievedly, "Why don't we eat it tonight!"

"This... This rooster has been in our house for some years, and the meat is not easy to cook, and it is harder to stew than an old hen." Fang Youcai hesitated.

"That's fine, but I would strongly condemn its behavior." Fang Anzhi pretended to be angry.

After his words fell, the big rooster still held its head up, like a hob meat, not afraid at all.

In a blink of an eye the holiday was over, the big rooster was still strutting, Fang Yi sent Fang Anzhi back to school.The next day after returning from vacation, Zhao Yun's case of obstructing testimony was opened.

On the day of the trial, Zhao Fengxiang also came. He was sitting in the auditorium, a little nervous, and there were several people sitting beside him, male and female, probably relatives of his family.

The presiding judge was a male judge. After completing the previous procedures, the public prosecutor began to read out the indictment.

"...This court believes that the defendant Zhao Yun instigated others to provide perjury during the process of false litigation, and his behavior violated the provisions of Article [-], Paragraph [-] of the Criminal Law of the People's Republic of China. The facts of the crime are clear, the evidence is solid, Sufficient, should be investigated for criminal responsibility for the crime of obstructing testimony.

In view of the fact that the defendant truthfully confessed his crime after the incident, pleaded guilty and accepted punishment, he can be given a lighter punishment according to law.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.complete! " said the middle-aged female prosecutor who sat at the top of the public prosecutor's bench.

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" said the presiding judge.

"I have no objection to the charges and criminal facts charged in the indictment." Zhao Yun said.He has realized that his status as a legal worker will end here, and when he speaks, he appears weak.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"Okay, presiding judge."

After finishing speaking, the middle-aged female prosecutor looked at Zhao Yun who was sitting below: "Defendant Zhao Yun, how did you know Wei Dayou (Wei San'er)?"

"Wei Dayou and I met many years ago when we played cards at a friend's house." Zhao Yun said.

"Is there a loan relationship between Wei Dayou and you?" asked the middle-aged female prosecutor.

"Existence, Wei Dayou owes me more than 19 yuan, plus interest is almost 20 yuan. Before the retrial in the county court, I had submitted the loan transfer certificate and loan agreement." Zhao Yundao.

"Since Wei Dayou owes you 20 yuan in principal and interest, why did you claim 24 yuan in the private loan case against Wei Dayou? What happened to the extra 9000 yuan?" asked the middle-aged female prosecutor road.

"I instigated Wei Dayou to forge the extra 9000 yuan loan. After I get the money for the compulsory auction of the house, I will give the 9000 yuan to Wei Dayou. This is what he asked for. If I don't give it to him, I will Do not cooperate with my prosecution." Zhao Yun said.

If Wei Dayou died of illness before being arrested, Zhao Yun would definitely put all the blame on him without hesitation. Anyway, people can't speak when they die, and whoever lives is justified.However, God did not fulfill his wishes. Wei Dayou died after being arrested and before the trial...

"Why did you instruct Wei Dayou to forge an IOU?" the middle-aged female prosecutor then asked.

"Because Wei Dayou owed a lot of foreign debts, and he had no money to pay me back, in order to get the money back, I ordered Wei Dayou to make a fraud, and then launched a false lawsuit." Zhao Yundao.

"Before you sued, Wei Dayou had already signed a sale and purchase agreement with a third party to sell the property. Why didn't you wait for him to pay off your debts after he got the sale money, and chose to sue instead?" the middle-aged female prosecutor asked puzzled.

"Wei Dayou gambles. He has a lot of gambling debts and arrears outside. Many people are urging him to sell the house. Even if he really sells the house, I can't get the money.

As a last resort, I gave him this idea, went through the litigation process, and then applied to the court to enforce the auction of the house. The money from the sale of the house is in the account of the court. Not only can I return the money from the bank, but I can also get the money back.

Gambling debts are illegal, and those people must not dare to go to court to sue Wei Dayong.Even the prosecution court will not support it. " Zhao Yun said.

"Did you get the auction money after you applied for enforcement?" asked the middle-aged female prosecutor.

"No, after the court seized the property, the third person who bought the house raised an objection to the execution, and then the court started the review and supervision procedure..." Zhao Yun said.

"Presiding judge, we're done asking!" the middle-aged female prosecutor said.

"Does the defender of the defendant Zhao Yun need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"I need to ask a question." After Fang Yi finished speaking, he looked at the defendant Zhao Yun: "Defendant, did you use violence or coercion when you ordered Wei Dayou to forge the loan agreement?"

"No, I just made a suggestion to him at the time. He thought it was feasible and would bring benefits, so he agreed. I never used any coercion or coercion from the beginning to the end. We discussed this matter together." Zhao Yun road.

The reason why Fang Yi asked this question was to let the presiding judge and judges understand that the false lawsuit was a conspiracy between the two, and it was not led by Zhao Yun alone. I hope the judge will consider it when sentencing.

"How will the proceeds from the enforcement be distributed?" Fang Yi asked.

"What I negotiated with Wei Dayou is that if I can get back 24 yuan, then 9000 yuan will belong to him, and 9000 yuan will belong to me. If I can't get that much, I will match the 20 yuan according to the proportion. Give him part of it." Zhao Yun said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

In the link of proof and cross-examination, Zhao Yun accepted all the evidence submitted by the public prosecution agency, and there was nothing to justify.Those evidences are either from the case file materials of the false lawsuit, or from the enforcement case files, or from the defendant’s statement provided by the public security organ, and Wei San’er’s (Wei Dayou)’s statement is not much different from Zhao Yun’s. I can't admit it.

Fang Yi also felt that the evidence had nothing to say, so he accepted all the evidence in this case.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge, judge: We believe that Zhao Yun ordered Wei Dayou to give false testimony, fabricate loan debts, and file a false lawsuit with the court as the plaintiff, causing the court to make a wrong decision. His behavior violated Article [-] of the Criminal Law. , constitutes the crime of obstructing testimony, and belongs to "serious circumstances", we recommend that the defendant Zhao Yun be sentenced to a fixed-term imprisonment of not less than three years and not more than seven years, and the end is over." The middle-aged female prosecutor said.

"The defendant defends himself." The presiding judge said.

"I agree with the charges and criminal facts of the prosecutor's charges, but my original intention was to get back the money owed by Wei Dayou, and I did not harm Wei Dayou's rights and interests, nor did I have the idea of ​​harming the rights and interests of other legal creditors. I pleaded guilty and accepted punishment. I ask the court to give me a lighter punishment according to the law." Zhao Yun said.

"Defendant Zhao Yun's defender issued a defense opinion." The presiding judge said.

"The presiding judge and judges: the defender believes that the defendant Zhao Yun constituted the crime of obstructing testimony, but his behavior did not constitute a 'serious circumstance' and should be given a lighter punishment. The reasons are as follows:
In this case, the defendant Zhao Yun carried out a false lawsuit in order to realize his creditor's rights, instructing another defendant in this case, Wei Dayou, to forge evidence and make false statements during the trial, which hindered the normal trial order of the people's court, and the amount of the subject matter of the lawsuit was huge ( 24 yuan), and caused the people's court to make a wrong judgment, which has reached the level of criminal punishment, which constitutes the crime of obstructing testimony.The defender has no objection to this.

However, among the 24 yuan claimed by the defendant Zhao Yun in the false lawsuit, 9000 yuan belonged to his legal creditor's rights, and the fictitious part of the creditor's rights was only 20 yuan. less harmful to society.

Moreover, the defendant Zhao Yun's false litigation behavior did not cause actual economic losses to the relevant interested parties of the false litigation case.Therefore, the defender believes that the defendant Zhao Yun does not constitute a 'serious circumstance'.

In summary, the defender believes that it is more appropriate to impose a fixed-term imprisonment of less than three years or criminal detention on the defendant Zhao Yun, and requests the court to support the defense opinion of the defender according to law.complete. "Fang Yi said.

"The prosecutor can respond to the defender's defense opinion." The presiding judge said.

"Okay, presiding judge. Regarding the defender's defense opinion, our response is as follows:

Although only 9000 yuan of creditor's rights claimed by the defendant in the false lawsuit were fictitious creditor's rights, Wei Dayou instigated Wei Dayou to falsify evidence, which led to a wrong ruling by the court, which objectively hindered the normal order of judicial litigation activities and seriously hindered the The authority of judicial decisions.

Therefore, we believe that the defendant Zhao Yun constituted the crime of obstructing testimony, and the circumstances are serious, and should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. We recommend that he be sentenced to four years of fixed-term imprisonment.complete. " said the middle-aged female prosecutor.

At this time, the controversial points of the case have come out. Regarding the facts of the case, neither the prosecution nor the defense have any disputes. The focus of the dispute between the two parties is the sentencing.

"The defender can respond to the prosecutor's opinion." The presiding judge said.

"Presiding judge, judge: According to the prosecutor's defense opinion and response, the defender issued the following defense opinion:

According to the cases issued by the Supreme People's Court, in judicial practice, in the case of obstructing testimony for the purpose of carrying out false litigation, the severity of the crime is generally evaluated from the following aspects:
[-]. The defendant's motives

That is to say, subjectively, whether the perpetrator is for the purpose of illegally realizing his own property interests, or for the purpose of illegally occupying the legal property of others.In the former case, the purpose of the behavior is not wrong, but the means. In the latter case, both the purpose and the means of the behavior are wrong, and the degree of illegality is obviously greater than the former.

In this case, the defendant Wei Dayou originally owed Zhao Yun nearly 20 yuan. In the false lawsuit, the amount Zhao Yun claimed was only 9000 yuan more than his legal claims.

In view of the fact that exaggerating economic losses and increasing the subject of civil litigation often appear in civil litigation, it is normal.Therefore, the defender believes that the defendant Zhao Yun instigated Wei Dayou to falsify evidence for the purpose of illegally realizing his own property interests, and then carried out a false lawsuit.The degree of illegality is different from ordinary cases, and the social harm is less.

[-]. The subject amount of the false lawsuit
The amount of the target of the false lawsuit is the criminal purpose that the defendant Zhao Yun hopes to achieve. The larger the amount of the target of the lawsuit, the greater the harm or loss that the behavior may cause to the property interests of others.

As mentioned above, the defendant in this case claimed that the subject matter of the false lawsuit was 24 yuan, which was a huge amount, but 9000 of it was his legal claims, and the proportion of fictitious claims was relatively small. Therefore, this case is different from other similar cases. Certain differences should be considered by the court when sentencing.

[-]. The means used by the defendant and the consequences

The crime of obstructing testimony is a crime of instigation, and the perpetrator may use violence, threats, inducements or other methods that are not illegal in themselves.

The different methods used by the defendant resulted in different degrees of instigation and harm. The defender believed that the defendant should be judged based on social ethics and moral values, as well as the degree of damage and danger to the victim directly or indirectly to the general public. Behavior is evaluated.The greater the intensity and danger of the act, the greater the guilt.

In this case, the defendant Zhao Yun did not cause actual damage to the relevant stakeholders of the case, and the social harm is relatively small, so the corresponding criminal responsibility is relatively small.

[-]. Impact on Judicial Litigation Activities

The defender believes that the impact on judicial litigation activities includes the impact on judicial justice and judicial efficiency.

According to different situations such as whether false evidence enters into the litigation process, whether it has affected the judicial process, and the magnitude of the impact, it can be divided into:

([-]) Only acts of obstructing testimony, but the relevant false evidence has not yet entered the litigation process;

([-]) Has entered the stage of litigation, but was identified and did not affect the fairness of the judgment;

([-]) It has entered the stage of litigation, and it takes a long time and a large judicial cost to identify and determine relevant evidence, which affects judicial efficiency;

([-]) False evidence cannot be identified, and judicial organs make wrong judgments.

In the above situations, the degree of social harm of the behavior is also different. The greater the impact on judicial litigation activities, the greater the criminal responsibility of the behavior.

In this case, although the defendant Zhao Yun instructed Wei Dayou to forge evidence and carry out false litigation, the court made a wrong judgment based on the false evidence he provided, which had a relatively great impact on judicial litigation activities.

However, the court initiated the trial and supervision procedure in a timely manner, and no actual damage was caused to interested parties.After the incident, the defendant, Zhao Yun, truthfully confessed his crime and could be given a lighter punishment in accordance with the law. He also pleaded guilty and accepted punishment. The court should consider this when sentencing.

To sum up, in this case, the defendant Zhao Yun carried out a false lawsuit in order to realize his creditor's rights, which caused the people's court to make a wrong judgment and hindered the normal trial order of the people's court.

However, the subject matter of the defendant Zhao Yun's lawsuit did not reach a particularly huge standard, nor did he use any violent means to force Wei Dayou to give false testimony, causing Wei Dayou to be slightly injured, and the interested party did not suffer actual economic losses, so it was a first-time offender.Therefore, the defendant Zhao Yun did not constitute a "serious circumstance".Ask the court to give a lighter punishment according to law.complete. "Fang Yi said.

……

Chapter 435 Mr. Meng

After the adjournment, the bailiff took Zhao Yun out of the courtroom. Before going out, he looked at his father Zhao Fengxiang in the auditorium. His eyes met. Mr. Zhao's lips were trembling, and his eyes were moist.

Fang Yi looked at his watch. It was almost twelve o'clock. He took out a few sips of mineral water to moisten his lips and throat. During the court session, lawyers were not allowed to drink water, so the long-term court session was very difficult for lawyers and prosecutors. And the judge's physical strength is a test.

Zhao Fengxiang wanted to take advantage of the adjournment to ask Fang Yi about the situation, but seeing Fang Yi's tired face, he finally held back, 10 minutes, it only takes 10 minutes, and the result will be known (the judge pronounced the sentence), wait a little longer .

"Continue the trial now, and ask the judicial police to bring the defendant Zhao Yun to the court. This case has been deliberated by the collegial panel and has reached a verdict. In view of the opinions of the prosecution and the defense, combined with the focus of disputes in this case, and based on the facts and evidence of this case, this court makes the following comments:

The defendant, Zhao Yun, instigated others to provide perjury testimony in the process of false litigation, and his behavior constituted the crime of obstructing testimony.The public prosecution agency charged the defendant Zhao Yun with the crime.

Zhao Yun had pleaded guilty during the trial and could be given a lighter punishment as appropriate.The defense opinion put forward by Zhao Yun's defender shall be adopted.

Accordingly, in accordance with the first and second paragraphs of Article [-] of the "Criminal Law of the People's Republic of China", the judgment is as follows: [-]. The defendant, Zhao Yun, committed the crime of obstructing testimony and was sentenced to seven months' imprisonment... "The presiding judge Sentence Road.

Fang Yi finally breathed a sigh of relief, seven months!Zhao Yun has been detained for three months before, and he can be released in another three months, but Zhao Yun has to find another job after he is released, and legal workers can't do it.

Zhao Fengxiang in the auditorium also let out a sigh of relief. He could accept it for seven months, so what if he couldn't accept it. Based on his experience, the rate of appeals and verdicts is very low. Let's forget it and save some money.

A few days after the verdict was pronounced, Fang Yi received the criminal verdict. Within ten days, the defendant Zhao Yun did not file an appeal, nor did the procuratorate lodge a protest, and the verdict became legally effective.

On this day, Fang Yi was writing a summary of the case at his desk, when suddenly his cell phone rang, and it was Yunmei.Yunmei asked him if it would be convenient for him to drink tea at Yunwu Tea House in the afternoon, saying that a new batch of tea had been purchased recently, and a member of the Tea Association wanted to consult some legal issues.

As soon as Fang Yi heard that he had a legal question to consult, he agreed.

After lunch, Fang Yi drove to Yunwu Tea House.In the tea room on the second floor of the tea house, there are three people sitting, a middle-aged male lawyer, a bald headed man in his fifties with big eyes, big ears, big nose, and a big face, and a man in his 50s with both a face and a big face. Charming woman.

The middle-aged male lawyer is Fang Yi, and the woman in her thirties is Yunmei. Sitting next to Fang Yi, the man in her fifties opposite Yunmei is the Tea Association mentioned by Yunmei on the phone who wants to consult legal issues. Member --- Mr. Meng.

"Lawyer Fang, I really have troubled you this time." Boss Meng spoke very politely.

"Mr. Meng, Lawyer Fang is a well-known criminal lawyer in the local area. He has done many cases. A random search on the Internet will find a bunch of them. It's just that he is relatively low-key and doesn't like publicity.

Lawyer Fang, Mr. Meng is a well-known entrepreneur in Shanxi Province. He has a brother in the local area. Something happened recently and he would like to consult with you. "

While talking, Yunmei had already boiled a pot of old white tea, and then said: "Mr. Meng, this is the old white tea in our store, you can taste it and see how it goes.

Let's talk, I still have something to do.You guys have finished talking, tell me, I'll be in the office, and I'll be the host in the evening, so I'll treat you two to dinner. "

This morning, Mr. Meng came to talk to Yunmei about cooperation. After the meeting, he asked her if she knew any reliable criminal lawyers, so Yunmei called Fang Yi.

But Mr. Meng hasn't asked her anything until now. What does this mean?It means that Boss Meng doesn't want Yunmei to know the content of the consultation.

Yunmei has been in the business world for many years, so she can naturally tell the difference between her eyebrows and eyes. After making tea, she found a decent excuse and left, leaving the tea room to Mr. Meng and Fang Yi.

After Yunmei left, Boss Meng took the seat where Yunmei had been sitting and began to fiddle with the tea sets. It was obvious that he was also an expert.Not all tea sellers know tea art, but Mr. Meng does.

Seeing Mr. Meng concentrating on agitating the tea set, Fang Yi looked silent.

It has to be said that Yunmei is a particular person. She does not use an electric stove to make tea, but a small clay stove, which is placed on a special shelf next to the table. There is lighted charcoal in the small clay stove, and the tea set is warmed by Mr. Meng. After doing it once, the cast iron pot on the small clay stove gave off white steam, and the water boiled.

After a while, Mr. Meng poured two cups of tea, one for each of them.

"Lawyer Fang, the tea is a little hot. Let it cool down before drinking it." Boss Meng said calmly.

Fang Yi nodded with a smile, and thought: Are tea drinkers so calm, they don’t talk about business for a long time, then well, if you don’t talk about it, I won’t mention it, and we will just drink tea here and cultivate our energy. Kung Fu.

After a while, Mr. Meng said: "Lawyer Fang, there is a crime called 'obstructing testimony'. I wonder if you have ever done this kind of criminal case?"

After listening to him, Fang Yi was happy: "Coincidentally! I just did one a while ago, and the defendant was also charged with obstructing testimony, and was sentenced to seven months later."

"Oh? That person told you, let's see if there is any chance for this case." Mr. Meng pondered for a while and continued: "This matter starts with my brother. Earlier, my parents were sent to work in the Beijing office , I stayed with my grandparents in my hometown, and his house lived downstairs from mine. I often went to his house to eat, and he often came to my house for dinner.

After graduating from high school, I was admitted to a university in Beijing, where I majored in law. After failing the judicial examination several times, I abandoned law and went into business.He came to this city to do business with his parents. Although we are in the two places, we still keep in touch frequently and get closer.

He is smarter and smarter than me, but he doesn't like to study, but he is a good material for business. When he was in middle school, he started to stock up on stickers, greeting cards and other small commodities, and he kept snacks in his pocket.At that time I really envied him.

In June of this year, I heard that he was arrested for obstructing testimony. Later, his family hired a lawyer in Beijing for him. As a result, my brother was sentenced to one and a half years. My brother refused to accept it and planned to appeal.I would like to ask you to check and see if there is any hope of overturning this case at the second trial. After finishing speaking, Mr. Meng picked up the teacup and took a sip of tea.

"What is the specific reason, do you know?" Fang Yi asked.

"I knew about it before, and I also asked his lawyer. In fact, my brother is too greedy. Five years ago, an advertising company asked him to borrow a sum of capital turnover, a total of 100 million, and he charged him three cents a month. (Single interest), it’s 130 million in one year..." President Meng said while sipping tea.

(End of this chapter)