Lawyer

Chapter 416 A Little Silly and Cute
"There is indeed such a point of view in the theoretical circles. I have seen some law professors mention it before. Let me talk about my views, which may not be correct. They are just for your reference.

In my opinion, false testimony made by witnesses in court in civil cases is the 'evidence' in the crime of aiding in the falsification of evidence.The reason is:

[-]. Witness testimony belongs to the statutory evidence type in civil litigation. In civil cases, the witness’s testimony in court is more effective than the witness’s testimony on paper. Therefore, the false statements made by witnesses in court have a general impact on judges’ judgment of evidence and facts. It is higher than the paper testimony issued by witnesses, so helping to forge objectified witness testimony may constitute a crime, which is in line with the original intention of the legislation.

[-]. The testimony of the witness in court is recorded by the court, and it is clearly recorded in the court trial record, and the audio and video recording of the court trial will also clearly reflect the testimony process of the witness. The testimonies are transformed into materialized witness testimonies.

During the trial, both parties and their representatives will cross-examine the materialized witness testimony, and there is no difference in essence between the testimony made in court and the materialized witness testimony.

According to what you just said, Zhao Peng was instigated by the party Wang Liang to give false testimony during the trial and signed the court transcript for confirmation. In essence, he was instructed by the party to help him forge witness testimony. "Fang Yi said.

Since Mr. Meng also came from a Fa-study background, Fang Yi felt that he should speak professionally, so as to better reflect his expertise and make Mr. Meng feel professional.This is the so-called: What people say what to say.

"Well, I understand what you said. Even if Zhao Peng committed a crime, he didn't benefit. Is the court's sentence too severe?" Mr. Meng added some tea to Fang Yi.

"Whether the sentence is severe or not mainly depends on whether Zhao Peng's behavior falls within the 'serious circumstances' of the crime of helping to falsify evidence.

At present, there is a point of view in the theoretical circles that in civil and administrative litigation, it is enough to affect the success or failure of the litigant or have a significant impact on the interests of the litigant, which constitutes serious circumstances.
In judicial practice, there are two main criteria for judging serious circumstances:
1. Whether the destruction of witnesses or falsification of evidence will cause serious consequences;
2. Whether the help of witnesses to destroy and falsify evidence in criminal proceedings is enough to affect the determination of crime and innocence, and the distinction between this crime and another crime is enough to affect the level and range of sentencing.

As long as one of the above two points is met, the court will determine that the circumstances are serious.

Let's look back at Zhao Peng's sentencing. The court of first instance ruled against Wang Liang on the grounds that the private lending dispute had exceeded the statute of limitations.

In the second instance, Wang Liang instructed Zhao Peng and Niu Tianlai to make false statements to prove that the statute of limitations had been interrupted. In the end, the second instance mediation closed the case, and it can be said that Wang Liang won the case.

It can be seen that the false testimony made by Niu Tianlai and Zhao Peng in court in the second instance became the reason for the interruption of the statute of limitations, which had a major impact on the final judgment of the case.

Therefore, the false testimony made by Zhao Peng is the key qualitative evidence in this case, which has caused great damage to the order of the trial and seriously damaged the rights and interests of the other party. "Fang Yi said.

"Oh! I think what you said makes sense." Boss Meng nodded and said.

In fact, he didn't quite agree with Fang Yi's point of view in his heart, and the only criterion for testing right and wrong was the court's second-instance judgment.

After talking about the case, the two chatted for a while. Yunmei came to invite the two of them to a restaurant for dinner. At this moment, Mr. Meng's cell phone rang, and he was urgently asked to go back because of something at home.After answering the phone, Mr. Meng apologized repeatedly to Yunmei and Fang Yi, and left the tea house to go home.

"Mr. Yun, I'm going back too." Fang Yi smiled.There were originally three people eating, but now that Mr. Meng has gone back, there are only a man and a widow left, Fang Yi feels a little embarrassed.

"What do you need to do when you go back?" Yunmei asked with a ticked corner of her mouth.

"It's okay, I think you always introduce business to me and always ask you to treat me... I'm embarrassed. How about I treat you." Fang Yi said with an embarrassed smile.

"That's fine, but not today. Let's treat one size at a time. It's really a bit abrupt to invite you here for a consultation today, so let me invite you today, and you can invite me to dinner another day." Yunmei said with a smile.

She suddenly felt that the awkward expression of the middle-aged male lawyer in front of her was a little silly and cute.

"Okay then, find a simpler place instead of going to a restaurant, there's no need to make it so formal." Fang Yi hesitated.

"Alright, I know a western restaurant is good, let's go, I'll treat you to western food." Yunmei took out two large boxes of tea and handed it over, and said with a smile: "This is the new old white tea from our tea house. You drink the same, you take it back and taste it. Don’t get me wrong, this is not a consulting fee, I just want to attract a customer for the tea house.”

Now that the conversation has come to this point, how could Fang Yi refuse, so he put away the tea leaves and went downstairs with Yunmei.

The western restaurant that Yunmei took Fang Yi to was opened by a member of the Tea Association not long ago. It is said that the chefs are recruited from other big restaurants, and the steaks are very authentic.

Just when Yunmei and Fang Yi walked into the western restaurant on the side of the road, chatting and laughing one after the other, a Mercedes Benz drove past slowly.

Sitting in the car was Cao Xiaohui with a sad face. She accidentally saw Fang Yi and Yunmei, and immediately thought wildly: Could it be that woman belongs to Fang Yi....Then she dismissed the idea that appeared in her mind.

In her eyes, Fang Yi is just a little lawyer who earns some living money and doesn't even have a stable home in the city, and the woman beside him looks so attractive that the two don't get along at all.

It's like a person wearing a pair of Adidas Li-Ning pants and an authentic Armani suit jacket, how can they match?Even if it is a mix and match, it can't be mixed and matched like this!
So there is only one conclusion. Cao Xiaohui thinks that Fang Yi wants to hug his thick legs and make a lot of money by doing business.Thinking of this, she couldn't help feeling contemptuous.

In a blink of an eye, the weather turned cold, and there were no girls in navel-baring dresses on the street. The food stalls at night also took away the tables and chairs, and changed to indoor skewers.

In the past few years, Fang Yi has done a lot of criminal cases, and he is well-known in the legal circle in the city. The public also has a certain understanding of him through media reports on the cases, but there are only a handful of clients who come to him to entrust criminal cases. , The reason is that he is not good at operating propaganda.

Nowadays, companies from all walks of life are doing publicity. Fang Yi doesn't do it, other lawyers do. What's more, they put Fang Yi's cases on the Internet as their own successful cases after hiding the lawyer's name.

(End of this chapter)