Lawyer

Chapter 410 Chapter 428 Chapter 429 (Merged Chapters)
Zhao Yun knows that Wei San'er has a lot of debts outside, and there are definitely not a few creditors who know that he has real estate. If the buyer gives the money and completes the transfer of the real estate, he probably won't get much money. The most terrible thing is himself. The creditor's rights have not been confirmed by the court, even if the bank sues Wei San'er to the court, he cannot join the division.

At this time, his experience as a legal worker played a role, so he discussed with Wei San'er to forge an IOU and write more loan amount. The borrowing is used for suing. After defrauding the court's judgment documents, the two parties will participate in the distribution after applying for compulsory execution of the auction house.

One month later, Zhao Yun filed a civil lawsuit in the County People's Court with a forged IOU on the grounds that Wei San'er borrowed 24 yuan from him for business operations, demanding that Wei San'er return the loan, and Wei San'er admitted in court. The fact of borrowing and agreeing to mediation.

In court, the county court made a civil mediation statement on the private loan dispute between Zhao Yun and Wei San'er, confirming that Wei San'er should repay Zhao Yun's loan and interest totaling 25 yuan.

More than half a month later, Zhao Yun applied to the county people's court for enforcement, and then the county people's court made an enforcement ruling, sealing up Wei San'er's house and land use rights in an old community in the county, and began the auction process.

Originally, everything went smoothly according to Zhao Yun's plan, but who knew that last year the county court suddenly launched the trial supervision procedure for the case of Zhao Yun and Wei San'er's private loan dispute, and the county people's court made a civil ruling Case retrial.

During the retrial, Zhao Yun was afraid that the false lawsuit would be exposed, so he instructed Wei San'er to provide false loan evidence to the court.Later, during the trial process, the county people's court found that Zhao and Wei were suspected of false litigation, and then transferred the case to the county Public Security Bureau branch for investigation.

The County Public Security Bureau sub-bureau immediately summoned Zhao Yun and Wei San'er. Wei San'er had been punished for gambling before, and he was afraid of the police, and his legs were weak when he entered the police station. The child has already confessed, Zhao Yun knew that there was no escape, so he had to admit to forging evidence and false litigation.

After the investigation by the County Public Security Bureau, the case file was transferred to the County Procuratorate. After examination and prosecution, the County Procuratorate filed a public prosecution in the County People's Court on the grounds that the defendant Wei San'er was guilty of credit card fraud and helping to forge evidence, and the defendant Zhao Yun was guilty of obstructing testimony. .

"Lawyer Fang, I don't think I constitute the crime of obstructing testimony, but the crime of forging evidence. The charges charged by the procuratorate are wrong.

You see, Wei San'er and I colluded to forge loan agreements and filed false civil lawsuits, which led to wrong rulings by the court. Both of us are parties to the lawsuit, and our actions belonged to helping each other to forge evidence, which should constitute the crime of helping to forge evidence joint crime.How could I constitute the crime of obstructing testimony? "Zhao Yun thought that what he said was sound and well-founded.

Fang Yi understood in his heart why he said that. There are two possibilities: one is because the crime of helping to forge evidence is compared with the crime of obstructing testimony, and the crime of obstructing testimony is a felony. The distinction between charges is entirely presumptuous.

Fang Yi is good at criminal cases, so naturally he won't play the game of stealing ears and stealing bells with him.If Zhao Yun really doesn't know the difference between the two charges, Fang Yi doesn't mind taking this opportunity to educate him about the law.

"It is really difficult to distinguish these two charges in judicial practice, but there are still obvious differences between the two charges. I personally think that the key to distinguishing the crime of obstructing testimony from the crime of helping to falsify evidence is whether you directly benefit from the false lawsuit. "Fang Yi said.

"This... how to explain it?" Zhao Yun looked at Fang Yi suspiciously.

"According to the provisions of Article [-] of the "Criminal Law", whoever prevents a witness from testifying or instructs others to give false testimony by means of violence, threat, bribery, etc., constitutes the crime of obstructing testimony and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious , shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. Helping a party to forge evidence, if the circumstances are serious, constitutes the crime of helping to forge evidence, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The objects protected by the crime of "obstructing testimony" and "crime of helping to falsify evidence" are the normal order of litigation activities, and the perpetrators are subjectively intentional.However, the subject and objective of the two crimes are different:
[-]. Different subjects of crime

The subject of the crime of obstructing testimony can be the litigant (the plaintiff, the defendant, etc.), or other people who have an interest in the party, such as the relatives of the party or people instructed by the relatives of the party (this scope is relatively wide).

The subject of the crime of helping to falsify evidence is usually a person other than the litigant, who may not necessarily have an interest in the litigant, and may be another litigant instructed by one litigant.

The so-called "assistance" in the crime of "aiding the falsification of evidence" mainly refers to preparing tools for the parties concerned to destroy and forge evidence, to make suggestions, and to strengthen their confidence in destroying and forging evidence.

In judicial practice, there are generally two situations in the process of false litigation:

One is that one party infringes on the legitimate interests of the other party by instructing others to falsify evidence.In this case, the act of ordering others to give false testimony constitutes the crime of obstructing testimony, and the person who helps him to forge evidence can only be someone other than the litigant, which constitutes the crime of helping to forge evidence.

The other is malicious collusion between the two parties to jointly infringe upon the legitimate interests of a third party.This situation is more complicated. Both parties may instruct the other party to commit perjury or help the other party to forge evidence. There may be situations where the "other" in instigating others to commit perjury coincides with the "party" in helping the party to forge evidence. .

According to the provisions of the "Criminal Law" on the crime of helping to forge evidence, the perpetrator of this crime can only be the person who helps the party realize the illegal interests, not the person who performs the act for himself to directly benefit from the judgment result of the case.

Of course, asking someone to help forge evidence and giving the other party a certain amount of remuneration or other benefits cannot be regarded as directly benefiting from the case, but helping the parties to obtain benefits, which is in line with the main characteristics of the crime of helping to forge evidence.

Back to your case, as you said just now, it is difficult to realize your claims under normal circumstances, but in order to realize your claims and distribute more claims, you conspired with Wei Saner to participate in the distribution of the house auction value through false litigation .

Therefore, you are an interest seeker in a bogus lawsuit.And Wei San'er can't directly gain benefits in the lawsuit, but forged evidence to cooperate with you in realizing the creditor's rights.

Therefore, I think that you are the pursuer and obtainer of illegal interests, which is in line with the main characteristics of the crime of obstructing testimony, while Wei San'er only helps you realize your creditor's rights, which is in line with the main characteristics of the crime of helping to falsify evidence. "Fang Yi finished speaking and looked at Zhao Yun.

"Then... what about the object you're talking about?" Zhao Yun's expression of half-understood, half-understood, half-doubted, made his heart turn cold.

"Second, crimes are objectively different

The crime of obstructing testimony generally has two manifestations: one is to prevent witnesses from testifying; the other is to make others give false testimony.

The objective manifestation of the crime of helping to forge evidence is to help the parties to forge evidence. The range of evidence is relatively wide, including documentary evidence, material evidence, audio-visual materials, appraisal opinions, etc. The helping behavior can be forged together by a partner, or forged by a single person, and then provided. for parties to use.

In the process of false litigation, the objective manifestation of the crime of obstructing testimony mainly refers to causing others to give false testimony, sometimes it refers to making others give false testimony; sometimes it refers to making others forge false evidence and provide it to the court, and provide false testimony.Therefore, instigating others to forge evidence and instigating others to give false testimony often occur at the same time, and both belong to the behavior of "instructing others to give false testimony" stipulated in the Criminal Law.

In the process of false litigation, the objective manifestation of the crime of helping to forge evidence is the act of being instructed to help the parties to forge other people's false testimony and other evidence.

As far as this case is concerned, your act of instructing Wei San'er to forge IOUs and provide false statements to the court is an act of instructing others to give false testimony, which is in line with the objective characteristics of the crime of obstructing testimony.

At the same time, you also participated in the falsification of evidence for your own benefit, but this behavior was the means by which you ordered Wei San'er to give false testimony to the court, and it has been absorbed by the crime of obstructing testimony, so I think you constitute the crime of obstructing testimony.

Wei Saner's act of forging an IOU under your instruction belongs to helping you forge evidence, which is in line with the objective characteristics of the crime of helping you forge evidence, but Wei Saner's act of providing false statements to the court does not constitute a crime. "

When Fang Yi said this, Zhao Yun suddenly interrupted him: "Why is it not enough for him to make a false statement to the court if I constitute a crime? Why?"

In Zhao Yun's view, everyone is two grasshoppers on the same rope. If I, Zhao Yun, commit a crime, you, Wei San'er, don't try to hide. It is only fair for everyone to suffer together, and he feels balanced in his heart.

Fang Yi glanced at him, and understood what he was thinking: "What I said just now does not constitute a crime. It is just to evaluate Wei San'er's act of perjury in court. It does not constitute a crime. It is not to evaluate his help. Your falsification of evidence. I look at his behavior separately.

The "Criminal Law" clearly stipulates that only perjury in criminal proceedings constitutes the crime of perjury.He committed perjury in a private lending dispute. Perjury in civil litigation does not constitute a crime, but he will be subject to administrative punishment such as detention and fines.

Wei San'er's cooperation and assistance in obtaining benefits through false litigation conforms to the main characteristics of the crime of aiding in the forgery of evidence, and there are also acts of helping you in forging evidence. In addition, he also used the method of disappearing to avoid credit card collection. Therefore, There is a high probability that he will constitute the crime of helping to forge evidence and credit card fraud. "

"Oh, that's right!" Hearing what Fang Yi said, Zhao Yun felt much more at ease.

But for Fang Yi's relatively theoretical content, Zhao Yun is still in a mess.As a legal worker with few ideals, limited professional ability, and no desire to make progress, he usually comes into contact with civil cases that are short-lived by his parents. He doesn't even look at criminal cases. If you go out of your way and don't focus on business, the business is basically abandoned, so naturally you can't listen to so many criminal law theories.

Fang Yi could see that he had overestimated Zhao Yun's professional ability. He spent so much talking just now, and the whole pair of cows played the piano. It would be better to tell him what crime he might be guilty of.

But since people have asked this question, it is my duty to provide legal advice. I don’t know why, Fang Yi always feels awkward in his heart, let him fool others, and he feels sorry for him, so... it’s better to say nothing to Niu Danqin, at least in his own heart comfortable.As for how much the other party can understand, it depends on him.

In the afternoon, Fang Yi went to the county procuratorate to review the papers, and communicated with the procuratorate for more than half an hour about the case. According to the prosecutor's opinion, this case has a tendency to recommend a heavy sentence!
After returning from the procuratorate, Fang Yi sorted out Zhao Yun's case, sorted out all the problems, and then called Zhao Fengxiang to come to the law firm for an interview the next day.

When the lights first came on, Fang Yi stretched his waist, and suddenly remembered that he hadn't gone to Guanghui for a while, so he called Li Shuming and asked him to drink and take a bath by the way.

Li Shuming told him that there was a drinking party at night, and it would probably be two or three o'clock in the morning when it ended, and it might take all night. There were Tsingtao beer and liquor in the office, so let him handle it by himself, don't wait for him.

Fang Yi was thinking about what to do after taking a bath, when he suddenly saw a fat old man walking slowly.

"Boss, have you been discharged from the hospital?" Fang Yi looked at Wan Kefa who came over in shock.

"Don't yell, I'll come back to make up some ammunition." Wan Kefa looked around immediately like a thief. Fortunately, everyone in the team had already left work at this time, and there were only a few overtime workers at the distant work stations. Lawyers are hard at work.

"What ammunition?" Fang Yi stood up and asked in surprise.

Wan Kefa raised his right hand, and made a drinking gesture like a thief. In an instant, Fang Yi understood that this old man was greedy for alcohol and sneaked out!

After tidying up the case files on the table, when Fang Yi put on his coat and was about to take a bath in Huaihuang, Wan Kefa got out of the office, came to Fang Yi and whispered: "Xiao Fang, is there any event tonight? "

Fang Yi was taken aback, and immediately realized: This fat old man is probably trying to drag himself to a drink!I go!The proprietress has already beaten herself once before, this fire pit cannot be jumped again!
"There is an event, I'm going to Brilliant." Fang Yi replied immediately.

"Oh?! Brilliant is a good place. I just didn't have dinner. I'll give you, a 'traitor', a chance to make amends. Invite me to take a bath and eat in Brilliant." Wan Kefa said arrogantly.

"You can take a bath, but it's all vegetarian, no meat or alcohol." Fang Yi said to the fat old man in front of him.

"Deal!" Wan Kefa finished speaking, turned and walked towards the office, muttering as he walked, "I'm so old, I haven't seen anything before, a plain bath is good and clean."

When going downstairs, Fang Yi turned his eyes around Wan Kefa, wondering: Where did this fat old man hide the wine?Seeing that his hands are empty, his pockets are deflated, and his mouth does not smell of alcohol, the old guy must have treasures like the 'storage bag' in Xianxia novels!
(End of this chapter)