Lawyer
Chapter 645 Fighting
Chapter 645 Fighting
At nine o'clock on Wednesday morning, Guo Wenzhi's case began.Director Du of Wanhua United Law Firm brought several lawyers in his team who often handle criminal cases to observe the case. One was to cheer up Guo Wenzhi, and the other was to listen to Fang Yi's defense opinions, which played the role of supervising the army.
The appellant, Guo Wenzhi, sat on the appellant's bench, looking relatively calm. After all, he was a lawyer and often went in and out of the courtroom, so he was more comfortable with the environment in the courtroom.
Holding a signature pen in his hand, Fang Yi quietly listened to the male judge next to the presiding judge read out the criminal verdict of the first instance.
"Next, the appellant Guo Wenzhi will first read out the petition or state the reasons for the appeal." After the judge read out the judgment of the first instance, the presiding judge said.
Guo Wenzhi took the appeal petition he had prepared before and read it through. There was only one core meaning, and he did not constitute a crime.
"The defense lawyer announced the reasons for the appeal." After Guo Wenzhi finished his appeal, the presiding judge said in a regular manner.
"The defender believes that the facts found in the first instance were not clear and the evidence was insufficient. The appellant, as a defender, only confirmed the circumstances of the day of the incident based on the description of the defendant Xu Chungen when looking for witnesses. statement, with no other evidence...
In summary, the defender believes that the appellant does not constitute the crime of obstructing testimony, and requests the court to acquit the appellant in accordance with the law. "Fang Yi defended Guo Wenzhi's innocence.
……
"The prosecutor questioned the appellant about the facts identified in the first-instance judgment." The presiding judge looked at the public prosecutor's seat.
"Okay, presiding judge." After the female prosecutor finished speaking, she looked at Guo Wenzhi.
"Appellant, in Xu Chungen's theft case, when you defended Xu Chungen, how did you know that Xu Chungen was not at the scene of the crime?" asked the female prosecutor.
"When I met with the defendant Xu Chungen in the detention center, he told me personally." Guo Wenzhi replied unhurriedly.
In court, when answering the prosecutor's questions, Guo Wenzhi was very cautious, for fear of falling into a pit.In his opinion, the intention of harming others is indispensable, but the intention of guarding against others is indispensable. Different standpoints and different things are considered, so he has to do so.
He couldn't even trust Fang Yi completely, so how could he trust other people in court.
"What did you do after you came out of the detention center?" the inspector continued to ask.
"I called Xu Chunming, the defendant's elder brother, and asked him to make an appointment with Dali to verify the truth of what Xu Chungen said." Guo Wenzhi said unhurriedly.
"Have you met Shi Dali? Where did you meet?" The female procuratorate continued to ask.
"Yes, I saw it at Xu Chunming's house." Guo Wen replied straight.
"What did Shi Dali say at that time, and what method did you use to ask?" the female prosecutor asked aggressively.
"I just questioned Shi Dali according to the procedure. What Shi Dali said was roughly consistent with what Xu Chungen said." Guo Wenzhi argued.
"In accordance with the procedure, why did the witnesses only answer 'yes' and 'no' in the interrogation transcript? Do you think this is normal?" the prosecutor asked.
"I think it's normal. Witnesses have a relatively low level of education, and they often ramble about when answering questions, so I adopted this method of questioning." Guo Wen replied directly.
"Did you also use this method of inquiry when handling other criminal cases?" The prosecutor glanced at him and asked suddenly.
"I don't handle a lot of criminal cases. Before, the parties concerned would look for witnesses and ask them to testify. I didn't participate in evidence collection." Guo Wenzhi had expected the other party to ask this question, so he was prepared.
He didn't believe that the procurator who was paid had the time to look through the criminal case files he had handled in the past one or two years, or even four or five years.Even if the prosecutor did so, he has other arguments to justify himself.
"What else did you do before the questioning?" The female prosecutor adjusted the rhythm of the questioning and asked.
"Before I went to Xu's house, Shi Dali was already at Xu Chunming's house. I don't know what they talked about. After I entered the house, Shi Dali asked me about the sentencing standards for Xu Chungen's theft case. I just said a few sentences about the sentencing." He also showed him the legal basis, but didn’t say anything else.” Guo Wen knew that the procurator would ask this question because he always said the relevant content with great courtesy in the first instance.He had already thought up his speech.
"Who was there when you questioned Shi Dali?" the inspector then asked.
"There are only me, Xu Chunming and Shi Dali." Guo Wenzhi said truthfully.
"Why are you and your assistant's name written on the interrogation record, and the place of the interrogation is not written in Xu's house?" the prosecutor asked.
"At that time, I did this out of compliance considerations." Guo Wenzhi did not deny the purpose of doing so, but in the eyes of the prosecutors, he was a bit evasive.
"Did you go to meet the defendant Xu Chungen after questioning the witnesses?" The prosecutor looked down at the question outline and continued to ask.
"Yes, in order to check the details of the case and confirm the authenticity, after meeting with Shi Dali, I went to meet the defendant Xu Chungen again." Guarding all the interview records, Guo Wenzhi couldn't deny it.
"What did you say?" asked the inspector.
"I compared what I heard from the witness Shi Dali with what Xu Chungen said, and asked Xu Chungen for some details." Guo Wenzhi's words are a bit slippery, and people can understand them in any way. It can be understood as a collusion It can be understood that he just asked some details and didn't say anything else.
The reason why Guo Wenzhi said this is that during the first trial, the defendant Xu Chungen said the relevant situation, but what Xu Chungen said was not much different from what the witness Shi Dali said, so it is difficult to judge whether there is actually a collusion. It can only be said that there is such a possibility. , It is difficult to distinguish between true and false, but in a criminal case, there is only possibility and no other evidence cannot be convicted.
Fang Yi read the case files, and Xu Chungen did not admit to the collusion in the first trial, because once there was a collusion, it would be harmful to him, especially to Guo Wenzhi.
"Judge, we're done with the questioning." The prosecutor ended the questioning.
"The defender of the appellant Guo Wenzhi asked questions." The presiding judge looked at Fang Yi.
"Appellant, what is the purpose of your gift when you go to the witness?" Fang Yi asked directly.In fact, the prosecutor had asked similar questions before, but the purpose of Fang Yi's questioning was obviously different from the previous questioning.
"I'm here to verify the facts of the case and to confirm whether the defendant Xu Chungen told me that the circumstances on the day of the incident were true and credible." Guo Wen replied directly.
"Is the fact you want to confirm important? For the defendant Xu Chungen." Fang Yi asked.
(End of this chapter)
At nine o'clock on Wednesday morning, Guo Wenzhi's case began.Director Du of Wanhua United Law Firm brought several lawyers in his team who often handle criminal cases to observe the case. One was to cheer up Guo Wenzhi, and the other was to listen to Fang Yi's defense opinions, which played the role of supervising the army.
The appellant, Guo Wenzhi, sat on the appellant's bench, looking relatively calm. After all, he was a lawyer and often went in and out of the courtroom, so he was more comfortable with the environment in the courtroom.
Holding a signature pen in his hand, Fang Yi quietly listened to the male judge next to the presiding judge read out the criminal verdict of the first instance.
"Next, the appellant Guo Wenzhi will first read out the petition or state the reasons for the appeal." After the judge read out the judgment of the first instance, the presiding judge said.
Guo Wenzhi took the appeal petition he had prepared before and read it through. There was only one core meaning, and he did not constitute a crime.
"The defense lawyer announced the reasons for the appeal." After Guo Wenzhi finished his appeal, the presiding judge said in a regular manner.
"The defender believes that the facts found in the first instance were not clear and the evidence was insufficient. The appellant, as a defender, only confirmed the circumstances of the day of the incident based on the description of the defendant Xu Chungen when looking for witnesses. statement, with no other evidence...
In summary, the defender believes that the appellant does not constitute the crime of obstructing testimony, and requests the court to acquit the appellant in accordance with the law. "Fang Yi defended Guo Wenzhi's innocence.
……
"The prosecutor questioned the appellant about the facts identified in the first-instance judgment." The presiding judge looked at the public prosecutor's seat.
"Okay, presiding judge." After the female prosecutor finished speaking, she looked at Guo Wenzhi.
"Appellant, in Xu Chungen's theft case, when you defended Xu Chungen, how did you know that Xu Chungen was not at the scene of the crime?" asked the female prosecutor.
"When I met with the defendant Xu Chungen in the detention center, he told me personally." Guo Wenzhi replied unhurriedly.
In court, when answering the prosecutor's questions, Guo Wenzhi was very cautious, for fear of falling into a pit.In his opinion, the intention of harming others is indispensable, but the intention of guarding against others is indispensable. Different standpoints and different things are considered, so he has to do so.
He couldn't even trust Fang Yi completely, so how could he trust other people in court.
"What did you do after you came out of the detention center?" the inspector continued to ask.
"I called Xu Chunming, the defendant's elder brother, and asked him to make an appointment with Dali to verify the truth of what Xu Chungen said." Guo Wenzhi said unhurriedly.
"Have you met Shi Dali? Where did you meet?" The female procuratorate continued to ask.
"Yes, I saw it at Xu Chunming's house." Guo Wen replied straight.
"What did Shi Dali say at that time, and what method did you use to ask?" the female prosecutor asked aggressively.
"I just questioned Shi Dali according to the procedure. What Shi Dali said was roughly consistent with what Xu Chungen said." Guo Wenzhi argued.
"In accordance with the procedure, why did the witnesses only answer 'yes' and 'no' in the interrogation transcript? Do you think this is normal?" the prosecutor asked.
"I think it's normal. Witnesses have a relatively low level of education, and they often ramble about when answering questions, so I adopted this method of questioning." Guo Wen replied directly.
"Did you also use this method of inquiry when handling other criminal cases?" The prosecutor glanced at him and asked suddenly.
"I don't handle a lot of criminal cases. Before, the parties concerned would look for witnesses and ask them to testify. I didn't participate in evidence collection." Guo Wenzhi had expected the other party to ask this question, so he was prepared.
He didn't believe that the procurator who was paid had the time to look through the criminal case files he had handled in the past one or two years, or even four or five years.Even if the prosecutor did so, he has other arguments to justify himself.
"What else did you do before the questioning?" The female prosecutor adjusted the rhythm of the questioning and asked.
"Before I went to Xu's house, Shi Dali was already at Xu Chunming's house. I don't know what they talked about. After I entered the house, Shi Dali asked me about the sentencing standards for Xu Chungen's theft case. I just said a few sentences about the sentencing." He also showed him the legal basis, but didn’t say anything else.” Guo Wen knew that the procurator would ask this question because he always said the relevant content with great courtesy in the first instance.He had already thought up his speech.
"Who was there when you questioned Shi Dali?" the inspector then asked.
"There are only me, Xu Chunming and Shi Dali." Guo Wenzhi said truthfully.
"Why are you and your assistant's name written on the interrogation record, and the place of the interrogation is not written in Xu's house?" the prosecutor asked.
"At that time, I did this out of compliance considerations." Guo Wenzhi did not deny the purpose of doing so, but in the eyes of the prosecutors, he was a bit evasive.
"Did you go to meet the defendant Xu Chungen after questioning the witnesses?" The prosecutor looked down at the question outline and continued to ask.
"Yes, in order to check the details of the case and confirm the authenticity, after meeting with Shi Dali, I went to meet the defendant Xu Chungen again." Guarding all the interview records, Guo Wenzhi couldn't deny it.
"What did you say?" asked the inspector.
"I compared what I heard from the witness Shi Dali with what Xu Chungen said, and asked Xu Chungen for some details." Guo Wenzhi's words are a bit slippery, and people can understand them in any way. It can be understood as a collusion It can be understood that he just asked some details and didn't say anything else.
The reason why Guo Wenzhi said this is that during the first trial, the defendant Xu Chungen said the relevant situation, but what Xu Chungen said was not much different from what the witness Shi Dali said, so it is difficult to judge whether there is actually a collusion. It can only be said that there is such a possibility. , It is difficult to distinguish between true and false, but in a criminal case, there is only possibility and no other evidence cannot be convicted.
Fang Yi read the case files, and Xu Chungen did not admit to the collusion in the first trial, because once there was a collusion, it would be harmful to him, especially to Guo Wenzhi.
"Judge, we're done with the questioning." The prosecutor ended the questioning.
"The defender of the appellant Guo Wenzhi asked questions." The presiding judge looked at Fang Yi.
"Appellant, what is the purpose of your gift when you go to the witness?" Fang Yi asked directly.In fact, the prosecutor had asked similar questions before, but the purpose of Fang Yi's questioning was obviously different from the previous questioning.
"I'm here to verify the facts of the case and to confirm whether the defendant Xu Chungen told me that the circumstances on the day of the incident were true and credible." Guo Wen replied directly.
"Is the fact you want to confirm important? For the defendant Xu Chungen." Fang Yi asked.
(End of this chapter)
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