Grassroots lawyers also have spring

Chapter 72
At this time, the door of the courtroom opened, and two policewomen walked in with Gao Yunxiu, who was wearing a detention center mask, and were taken to a special seat in front of the trial seat. After sitting down, the policewoman put the plank on another handrail and locked it.

At this time, Gao Yunxiu looked more haggard than before. Wang Chuan guessed that it might be caused by too much mental pressure.Her eyes were red, and she wiped her snot and tears with her handcuffed hands from time to time.

"Defendant's name, gender..." The middle-aged male judge began to verify his identity, and proceeded with the procedural questioning in a routine manner.

From time to time in the courtroom, the solemn and powerful voice of the middle-aged male judge, and the defendant's answer in a crying tone, gave people a feeling of depression.

"We will start the court investigation now. Let the public prosecutor read the indictment first." After the middle-aged male judge finished speaking, he looked at the public prosecutor.

"The criminal suspect in [-]..." The female public prosecutor began to read out the indictment. Obviously, the man and woman were mainly women, and the man kept his head down, not knowing what he was writing.

"Defendant Gao Yunxiu, do you have any objection to the facts and charges charged in the indictment?" After the public prosecutor finished reading the indictment, the middle-aged male judge said calmly.

"I have no objection. I know I was wrong. I won't be so impulsive next time... I just hope that the judge can read it as my first crime and give me a lighter sentence..." At the end, Gao Yunxiu burst into tears , sobbing.

Ms. Gao in the auditorium covered her mouth with her hand and was crying softly.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues. Let the public prosecutor speak first," said the middle-aged male judge. .

"Judges, in accordance with the provisions of Articles 150, 160, 160 and 160 of the Criminal Procedure Law of the People's Republic of China, we are appointed by the People's Procuratorate of Mentougou District, Beijing, to represent this court as the national public prosecutor Identity, attended the court to support the public prosecution, and exercised legal supervision over the criminal proceedings according to the law. The following opinions are hereby expressed on the evidence and circumstances of the case, and the court is requested to pay attention...

... To sum up, the indictment found that the criminal facts of the defendant Gao Yunxiu in this case were clear, the evidence was solid and sufficient, and the defendant should be found guilty according to law. Since the defendant had paid the victim's medical expenses, he had a good attitude of pleading guilty.The public prosecutor suggested that the defendant Gao Yunxiu be sentenced to five months of detention..."

After the female public prosecutor read the public prosecution opinion, some people were happy and some were worried!
Seeing the noisy courtroom, the middle-aged male judge said loudly: "Please pay attention to the court discipline!... The defendant Gao Yunxiu made a speech."

"Judge, I plead guilty. It was my impulsiveness that caused harm to my second aunt. I will definitely make amends..." The defendant's speech was obviously prepared before, coupled with the tearful expression, showing It is full of repentance, which makes people feel sad.

"Defendant Gao Yunxiu's defense lawyer spoke." After the defendant finished speaking, the middle-aged male judge looked at Fatty Wan and said.

"Judge, we believe that although the defendant caused some harm to the victim, the case started because the victim built a homestead and infringed on the defendant's interests. , its social harm is extremely small..." Fatty Wan impassionedly expressed his defense.

I have to say that although Fatty Wan doesn't look very good, his defense is very touching. The Gao family in the auditorium looked at him with gratitude.

All the evidence he used in his defense came from the case files of the procuratorate. The purpose of this was to avoid getting caught in the fire and save the trouble of distinguishing the true from the false.

Criminal lawyers generally do not collect evidence on their own unless it is absolutely necessary, because once the evidence provided is deemed false by the people's court, the consequences will be much more serious than civil and commercial litigation.

Even if no false evidence is provided, a lawyer who blinks his eyes when meeting a criminal suspect may be deemed to be passing information or colluding with a suspect. For details, please refer to the famous Li case.

In civil and commercial cases, if a party or his agent provides false evidence, according to the provisions of the "Civil Procedure Law", the people's court may impose a fine or detain it according to the seriousness of the circumstances; if a crime is constituted, it shall be investigated for criminal responsibility according to law.

In most cases, it does not constitute a crime. That is to say, under normal circumstances, the party who provides false evidence will be fined or detained, and the lawyer may be suspended from practicing. .

But it is completely different in criminal cases. It can be said that the crimes of destroying evidence, falsifying evidence, and obstructing testimony of defenders and agents ad litem in Article [-] of the "Criminal Law" are specially prepared for lawyers.

According to the provisions of this article, in criminal proceedings, defenders and agents ad litem who destroy or forge evidence, help parties destroy or forge evidence, threaten or induce witnesses to change testimonies contrary to the facts or give false testimony shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; In serious cases, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Good guy!Sentence directly!And almost every year there are lawyers who are knocked down by this provision, regardless of age!

Therefore, if most lawyers have to submit evidence in a criminal case, they will think twice. If the authenticity of the evidence is in doubt, they absolutely dare not and cannot submit it.

If the client strongly requests to submit, the general practice of lawyers is to let the client submit to the court by himself.Who knows whether the evidence submitted by the client is true or false. In order to save relatives or interested parties from criminal punishment, the client may do anything (a client submitted bloody clothes to the court before as evidence of innocence, and later experienced Laboratory tests showed that the blood on the bloody coat was dog blood, which shows the high risk of criminal cases).

Because of evidence issues, there are not a few lawyers who have been sentenced, and the full risks are written in the "Criminal Law"!

Fatty Wan has done a lot of criminal cases, and he also studied criminal law in school before, so he is clear about risks.He wouldn't take such a big risk to collect evidence by himself.Besides, this case is relatively simple, the ins and outs of the matter are in the file, just quote it directly!
But what if the description in the case file is false?Don't forget, the case file was provided by the procuratorial organ, and what the public security organ investigated was not intentionally fabricated by Wan Fatty, so even if the court finds that there is something wrong with the evidence in the case file, it will not be able to hit Fatty Wan.In layman's terms, Fatty Wan can use this as an excuse to exempt himself from liability!

(End of this chapter)