Lawyer

Chapter 562 Plan B
Early the next morning, Fang Yi locked himself in the office, researching and analyzing for a whole day.

A few days ago, Fang Yi didn't take any new cases. Zhou Ying had been following Lawyer Song to handle a school principal's embezzlement case. In the morning, Zhou Ying and Lawyer Song went to other provinces for a court hearing and were not in the office.So Fang Yi didn't let Zhou Ying follow this case.

The sun rose again, and the winter sun shone through the glass windows into the small conference room of the villa. Fang Yi sat on a chair and felt the warmth of the sun. It felt a little hot after a long time.

Secretary Wu and Fang Yi sat side by side, and the chairman opposite was sitting upright, with a serious face and a strong aura.

"Chairman, Lawyer Fang, let's start." Secretary Wu said.

The chairman nodded: "Lawyer Fang, have you found anything?"

"Chairman, I read the case files yesterday. I think the facts of the case determined by the court of first instance are unclear, the evidence is insufficient, and the application of the law is wrong. The defendant Hua Xiao may not be guilty." Fang Yi said.

"What's the reason?" the chairman said calmly.

"There are four reasons: [-]. The identification report submitted by the public prosecutor shows that neither the defendant Hua Xiao nor the victim's private parts were detected with human DNA, which can prove that Hua Xiao did not have an X relationship with the victim.

[-]. The existing evidence cannot prove that the defendant Hua Xiao used violence, threats or other means to violate the victim, and the defendant's statement is roughly the same as the victim's statement, which proves that the defendant did not use violence.

[-]. The existing evidence is insufficient to prove that the defendant Hua Xiao violated the victim's will and had a relationship with the victim.According to the victim's statement, his resistance to the defendant was only verbal, and there was almost no physical resistance, which can be understood as half-push and half-acceptance.

[-]. The scene of the incident is at the safety exit of the nightclub. For the sake of fire safety, the iron door of the safety exit is open. People often go there to smoke and chat. According to the postures of both parties and the surrounding environment, if there is no victim Without the cooperation, it is impossible for Hua Xiao to succeed at all.

To sum up, I believe that the defendant Hua Xiao did not constitute a crime, and he could plead not guilty in the second trial. "Fang Yi said.

"Lawyer Fang, if the procuratorate supplements other new evidence, do you have a plan B?" asked the chairman.

"Criminal cases are different from civil cases. The "Criminal Procedure Law" has no special regulations on the identification, handling methods and procedures of new evidence in the second instance.

However, in theory, it is generally believed that the principle of presenting evidence at any time is adopted in criminal proceedings, and both the prosecution and the defense can submit new evidence to the court of second instance at any time.

If the new evidence is beneficial to the defendant, the court can generally directly accept it under the premise of cross-examination in the second-instance trial.If the new evidence will directly affect the defendant's conviction or increase the sentence, which is not beneficial to the defendant, the court of second instance will usually remand the case for a retrial to protect the defendant's right to cross-examine the key evidence.

Of course, in judicial practice, not all courts do this, but most of them do.

If the procuratorate presents new evidence, it depends on whether it is beneficial to the defendant.Without solid and sufficient evidence, ordinary courts cannot find that the defendant Hua Xiao constituted a crime.

"Criminal Law" in the principle of no doubt. "For the wise Fang Yi, I don't think there is much to say.

Since the chairman can rise to the position in the fierce competition of intrigues and take charge of the Fahrenheit Group, it shows that she is not a fool.Dealing with smart people is sometimes easy and doesn't take too much talking.

……

An hour later, Fang Yi and Secretary Wu walked out of the villa, started the car and drove towards the city.

"Secretary Wu, what do you think?" Fang Yi asked.

Some things are clear to the onlookers, Fang Yi is an insider, but Secretary Wu may not be able to understand.

"I think it's about the same. When Lawyer Zhao came here yesterday afternoon, she said the same thing as you, but you said one more thing than her. And for the new evidence, she obviously didn't answer you as well. Your theoretical basis is better than Lawyer Zhao's." Be solid, and answer concisely, at least for me to understand.

I heard from Aunt Zhang that the chairman has met with five lawyers in a row in the past few days, and they all seem to speak well.There is still competition.But I have more confidence in you. "Secretary Wu said.

"Do your best and obey the destiny. I feel like taking a case is like an exam." Fang Yi glanced at Secretary Wu meaningfully.

"This is called an advantage. People have capital in their hands, so they naturally have a choice for professionals. If you become a figure at the dean level, when these people need you to come forward, the status of the two parties will naturally be transferred.

I wanted to be a scientist when I was young, and I thought that scientists are the best, and the things created by scientists cannot be bought with money.But later I found out that I was not that kind of material, and I couldn't even understand algebra. In order to make money, I could only follow the capital all day long, earning some worthless money.

Only people choose me, I have no choice at all. "Secretary Wu sighed.

"Don't think so, a black cat and a white cat are good cats if they catch mice. There is no distinction between jobs, just make money." Fang Yi advised.

"I think, what you said is half right, as long as you make money, it's a good job, but jobs are divided into grades, if you let a sanitation worker become a bank president, then the sanitation worker will definitely be happy.

But on the other hand, the president of the bank is definitely not willing to let the president of the bank sweep the streets, because he can't let go of face.Rough words are not rough, are you right? "Secretary Wu said.

"Well, it makes sense." Fang Yi nodded.

In the study room of the villa, Zhang Jun is sitting on a chair, holding a cup of coffee in his left hand and a delicate spoon in his right hand, stirring the coffee gently and gracefully, looking out the window with vague eyes.

Aunt Zhang, who was standing by the side, coughed lightly when she saw the chairman like this: "Would you like me to give you a hot cup, the coffee is already cold."

"No need, which of the three lawyers we met these days is more suitable?" Zhang Jun looked at Aunt Zhang.

"I'm just a servant, so I don't understand this. But the feeling that Lawyer Fang gave me... seems to be okay.

Oh, by the way, Secretary Wu secretly stuffed me with a red envelope today and asked me how many lawyers you have met. "Aunt Zhang said.

"What do you say?" Zhang Jun asked calmly.

"I said you met five of them, and told him that those lawyers were also very good." Aunt Zhang said.

Zhang Jun smiled: "Aunt Zhang, you put a lot of pressure on him!"

"Secretary Wu made our Xiaoxiao suffer so badly, we have to punish him no matter what." Aunt Zhang gritted her back teeth and said.

Although Aunt Zhang and Zhang Jun are in a master-servant relationship, but the two are related, she has been by Zhang Jun's side for many years, and she is Zhang Jun's most trustworthy person.

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(End of this chapter)