Lawyer

Chapter 405 Don't Persuade Others to Be Kind

On the night when they received the case files, Li Yong and Li Youpeng took Li Mingbo back to the hotel, and went home to read the relevant evidence materials of Li Wen's embezzlement case in detail and conducted research.

Li Youpeng was eager to save his father, and with Li Yong's help, he made a copy of the dossier materials in private.The next day, Li Mingbo returned to the law firm with the case files.Li Youpeng contacted the witnesses involved in the case file one by one and did some work.

Three days later, Li Mingbo came to Yu Province again, and asked Li Yong to find relevant witnesses to verify the situation, investigate and collect evidence, and asked him to help drive and find relevant witnesses according to their addresses.

Li Yong happened to have something to do that day, so he handed over the job of leading the way to his nephew Li Youpeng. Li Youpeng was naturally familiar with the road, and soon found several witnesses involved in the case.

Several witnesses cooperated very much with Li Mingbo's investigation and evidence collection and issued certificates to him.Li Mingbak originally thought that the investigation and evidence collection would be very difficult, but he did not expect it to be so smooth.What made him even more unexpected was that the certificates issued to him by the witnesses were all false certificates prepared in advance with Li Youpeng.

Soon after, the Li Wen corruption case was heard in public. During the trial, after Li Mingbak issued false testimony and certificates issued by the witnesses involved in the case, the public prosecution agency felt that something was wrong, so they proposed to the court to postpone the trial and decided to supplement scouting.

After the prosecutor's investigation, it was found that the defendant's son Li Youpeng had found relevant witnesses involved in the case before the trial, and showed them some of the contents of the case files, and threatened and lured them to tamper with the proof.

Soon after, the public security organs arrested Li Youpeng, the son of the defendant Li Wen, for the crime of obstructing testimony. Li Youpeng confessed that Li Wen's defense lawyer Li Mingbo had shown him the criminal case file, and he sought witnesses according to the case file.

Soon, the public security organs arrested Li Mingbo, and the Provincial and Municipal State Secret Bureaus appraised that the dossiers of the Li Wen embezzlement case that Li Mingbo had shown Li Youpeng were confidential state secrets.

Subsequently, the county procuratorate filed a public prosecution in the county court on the grounds that the defendant Li Mingbo committed the crime of intentionally leaking state secrets.Seeing that the lawyer in Sun Zhengyi's firm was arrested, he quickly appointed Zhao Zhongcheng to defend Li Mingbo, and then comforted Li Mingbo's wife.

Soon the case of Lee Myung-bak's intentional disclosure of state secrets was opened, and the verdict was pronounced in court.The court of first instance held that the defendant Li Mingbo, as a staff member of a state agency, used his special status and authority as a lawyer to disclose the state secrets he knew after learning the secret materials related to the investigation of criminal crimes during the period when he was entrusted by the defendant's family members to act as a defender. Giving the family members of the defendant who should not have known, caused serious consequences for the family members of the criminal defendant to take the initiative to find witnesses to give false testimony, seriously disrupting the normal litigation activities, the circumstances are serious, and his behavior has constituted the crime of intentionally leaking state secrets.According to the first paragraph of Article 390 of the "Criminal Law of the People's Republic of China", the court sentenced the defendant Li Mingbo to one year's imprisonment for the crime of intentionally leaking state secrets.

Li Mingbo looked at Fang Yi, with an aggrieved and puzzled expression on his face, and said, "Lawyer Fang, I don't understand. I failed the civil servant exam several times before, and I really have no choice but to become a lawyer.

I didn't get a penny from the county. On the contrary, I was almost hungry and canceled my lawyer's license to sell it.Why did the court suddenly recognize me as a public servant? "

"Lawyer Li, let's hand in the petition first and start the procedure of the second instance. After the case file arrives at the court of second instance, I'll go back and review it. I'll come back then and tell you the lawsuit plan." Fang Yi handed the appeal petition to the court of second instance. Lee Myung-bak.

Seeing Li Mingbo in prison, Fang Yi didn't know how to comfort him. As the saying goes, "Don't persuade others to be kind without suffering from others." At this moment, any words of persuasion are useless. A lawyer is the right way to get it out.

After leaving the detention center, Fang Yi stood by the side of the road, involuntarily took out a cigarette, lit it, took a deep breath, and then slowly spit it out.

Back then, Fang Yi’s mentor warned him that he must be careful in the investigation and collection of evidence in criminal cases. If it is not the key evidence, it is best not to collect evidence. If it involves key evidence, it is best for the client to hand it over to the court or procuratorate.

Before the court makes a judgment, the criminal case file must not be shown to the parties, even if you know that doing so does not constitute a crime, do not show it to them, because there may be risks that you cannot afford, especially in provinces you are not familiar with, the local judicial authority How to deal with related cases in judicial practice is sometimes a mystery.This is the difference between the law in the ivory tower and the law in judicial practice.

Only now Fang Yi really understands the good intentions of his mentor. It is not easy for a criminal defense lawyer. He has to pay attention to clearing mines all the time, otherwise he will be crushed to pieces.

After stubbing out the cigarette, Fang Yi took a taxi to the county court, where he submitted the entrustment procedures and appeal.The next step is to wait for the case file to be transferred to the intermediate court for review.

Why not review the files in the court of first instance?In fact, Fang Yi also wanted to do the same, so that he could have more time to study the case and draft an appeal.Of course Fang Yi also tried, but the county court rejected Fang Yi's request to review the papers on the grounds that there was no clear regulation in the law.

It is still the same sentence "the ideal is full, but the reality is very backbone".

For defense lawyers who are entrusted or appointed after the verdict of the first instance is pronounced, they must submit the petition to the court before the expiration of the appeal period.

However, the "Criminal Procedure Law" does not clearly stipulate the lawyer's right to review files during the period between the first and second instance trials.This has created great difficulties for lawyers entrusted with criminal cases after the first instance to understand the facts of the case, and it has also created obstacles for defenders of the second instance to draft effective appeals.It seems that things should be very rigorous, but in fact there are many twists and turns. Lawyers can only cross the sea, each showing their own skills, and start the second-instance procedure first.

Fang Yi, who returned to the law firm, began to search for relevant cases and information, preparing to defend Li Mingbo's innocence.There can only be two answers to this case, one is guilty and the other is not guilty, and Fang Yi must defend his innocence in order to keep Li Mingbo's job.

Fang Yi is not only working hard for Li Mingbo, but also for himself and the lawyer group.Today is Li Mingbo, tomorrow it will be Zhao Mingbo, Zhou Mingbo, and even Fang Yi.

Not long after that, Fang Yi went to Yu Province again, and reviewed the papers in the Intermediate People's Court.Soon he got the court notice from the Intermediate People's Court, and the second trial of Lee Myung-bak's case will start in a week.

On the day of the court session, there were quite a few people standing in groups in front of the gate of the intermediate court, and they could be identified as lawyers at first glance, because they had a unique aura about them.

"Lawyer Zhang, you're here too!" A thin, middle-aged male lawyer said to a 30-year-old female lawyer who came over.

"There is no court today. I'll come over to listen. This is a matter of our lawyer's personal interests, and the court is held in our local area. I need to take care of it." The female lawyer said.

(End of this chapter)