Lawyer

Chapter 755
"But didn't the procuratorate change the charge to the crime of buying stolen property? Is it really effective?" Yun Qiao asked, tilting her head.

"There must be an effect, because you can't be sure what the judge will think. In the case of insufficient evidence, although it is possible for the judge to convict the defendant based on presumption, but in view of the lack of evidence and the defendant pleading not guilty, the judge There may be some considerations." Fang Yi replied.

"That's right. The defendant has never pleaded guilty, and there is no statutory circumstance for a lighter punishment. We have no good solution... But I always feel that Gu Jun is lying." Yun Qiao said.

"Yun Qiao, you have to remember that what you see is not necessarily true, what is black is not necessarily black, and what is white is not necessarily white, and inertial thinking can sometimes deceive people, so it is hard to say about Gu Jun's case. 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 job is to work in a direction that is beneficial to the defendant, because we are the defendant. defender. " Fang Yi was afraid that Yun Qiao would not understand, so he explained again.

"Well, I understand. Lawyers should consider issues from a legal point of view, and try not to mix personal likes and dislikes or emotions." Yun Qiao nodded.

"That's right. In the future, if you encounter a case that you really can't accept in your conscience, you don't have to do it. Don't force yourself to do it, otherwise you will be very entangled and have a lot of psychological pressure." Fang Yi smiled.

After Yun Qiao left, Fang Yi began to prepare the defense of Gu Jun's case.

Soon, Gu Jun's case was opened, and Gu Hongqing attended the trial.

This trial was the most uncomfortable trial Yun Qiao had participated in so far. Throughout the trial, although the prosecution and the defense had exchanges, 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 a cannonball into the defendant's seat and the defense seat.Although Gu Jun was mentally prepared, he began to doubt his life when he was asked.

Fang Yi had expected that today's trial would not go well, so he was mentally prepared.The purpose of his defense is only one, and the existing evidence is not enough to prove the defendant's guilt.In fact, the prosecutors really couldn't produce any evidence that could directly prove the defendant's guilt, and everything was presumption.

Gu Hongqing, who was in the auditorium, was chanting Buddha in his heart, and Fang Yi was in admiration: "Lawyer Fang is really good, and the questions asked by the prosecutor are basically the questions that Lawyer Fang asked us to give reasonable explanations."Looks like the final verdict...

After the trial, the presiding judge pronounced the sentence in court.

The court held that in this case, except for the statement of the defendant Gu Jun, although there was no direct evidence to prove that the defendant had "knowledgeable" intentions, according to the "About Legal Investigation and Prosecution" 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 Provisions No. 17 of the Regulations on Motor Vehicle Theft and Robbery Cases: When the motor vehicle certificate is incomplete or clearly violates the regulations, it can be deemed that the defendant should have known.

Based on this, the court held that the defendant, Gu Jun, had a "knowledgeable" criminal intent subjectively, and objectively had the act of buying stolen cars, and the charges charged by the public prosecution agency were found guilty.

In accordance with the provisions of Article 310 1000 and [-] of the Criminal Law, the judgment: the defendant Gu Jun committed the crime of acquiring stolen goods, and was sentenced to one year of confinement and a fine of RMB [-].

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 prison for a year, he might as well have pleaded guilty and accepted punishment, and asked Fang Yi to communicate with the prosecutor to get a probation.Sorry!

After the trial, Gu Hongqing watched his son being led out of the court by the bailiff, his eyes filled with remorse and remorse.

"Lawyer Fang, this case... I might as well have listened to you." On the side of the road outside the court gate, Gu Hongqing looked at Fang Yi with a troubled expression.

Yun Qiao on the side gloated a little: I told you father and son a long time ago that you will definitely be convicted in this case, but you don't believe me, so you have to try.It's okay this time, it's too late!Fortunately, the judgment was not severe, and it basically met expectations.

"Mr. Gu, do you want to appeal? Let me advise you that even if the case is appealed, it is unlikely that the verdict will be changed." Fang Yi looked at Gu Hongqing and persuaded.

"No, I accept the sentence and will not appeal. In fact, my son..." Gu Hongqing said hesitantly.

"President Gu, you just need to know some things. For us, we can only defend based on the evidence on file. As for the facts, it doesn't necessarily matter." Fang Yi said without waiting for him to finish.

Gu Hongqing was startled, and then said: "Well, you are right. Thank you."

After Mr. Gu left, Yun Qiao asked curiously: "Master, is he going to tell us the truth? Why don't you listen?"

Fang Yi looked at Yun Qiao who was like a curious baby: "Is what he said must be the truth?"

Yun Qiao blinked, then shook her head: "It's hard to say."

"So, is it useful for you to listen or not? It will only increase your troubles, why bother!" Fang Yi finished speaking and walked towards the Toyota parked by the roadside.

Fang Yi sat in the passenger seat, looked ahead, and said calmly, "Yun Qiao, do you know about Enron?"

"Enron Company? Is it the one that went bankrupt in the beautiful country?" Yun Qiao, who was driving, replied.

"Yes. Enron used to be one of the world's largest energy, goods, and service companies. It was ranked No.7 in the Fortune [-] and was known as the world's leading enterprise.

The accounting firm that provides services to this company is the fifth largest accounting firm in the world. Just such a giant-sized company actually made financial fraud, and it collapsed because of financial fraud, and the accounting firm that provided services to it was punished.

I think his downfall is meaningful, at least it has caused a change in the attitude of professional service organizations to their customers. "Fang Yi said.

"What do you mean?" Yun Qiao didn't quite understand Fang Yi's words.

"Before this company collapsed, accountants treated clients with trust first, and then looked for financial flaws. After this company collapsed, accountants treated clients with suspicion first, then verification, and finally selective trust .

I think this is something we can learn from. No matter what background or endorsement the client has, even if the client has the halo of an angel on his head and there is evidence to support everything, the lawyer cannot fully believe what the client says.

Because evidence is dead, but people are alive.Don't believe it easily, you must first doubt it, and then verify it bit by bit.This is a professional and prudent attitude.

It can be summed up in eight words: Bold doubt, careful verification! "Fang Yi explained.

(End of this chapter)