Lawyer

Chapter 938 Chapter 991 Chapter 992 The Arrogant Zhong Weicheng
The Municipal Intermediate People's Court held that the defendants Zhong Weican and Ma Bei violated the national drug control laws and regulations by selling and transporting HL, and their actions constituted the crime of drug trafficking and transportation; the defendants Zhao Gu and He Tong illegally sold HL, and their behavior constituted trafficking. drug crime.

Zhong Weican instigated Ma Bei to buy drugs from the county and transport them to a certain city for safekeeping by Zhao Gu. Zhao Gu handed over the drugs to him for sale according to his instructions. Zhong Weican, Ma Bei and Zhao Gu constituted a joint crime.Zhong Weican was the principal offender, while Ma Bei and Zhao Gu were the accomplices.

After the trial, it was found that He Tong was sentenced to three years in prison for fraud, and he committed another crime within five years after the execution of the sentence, which is a repeat offender.

最终法院，依照《刑法》347条第二款第一项、No.20五条、No.20六条、No.20七条、No.60五条、No.40七条、No.40八条、七条第一款、No.60四条之规定，判决：

[-]. The defendant Zhong Weican committed the crime of trafficking and transporting drugs and was sentenced to death, deprived of political rights for life, and confiscated all personal property;
5. Defendant Ma Bei committed the crime of trafficking and transporting drugs and was sentenced to life imprisonment, deprivation of political rights for life, and confiscation of personal property of RMB [-];
5. The defendant, Zhao Gu, committed the crime of drug trafficking and was sentenced to life imprisonment, deprivation of political rights for life, and confiscation of personal property of RMB [-];
5. Defendant He Tong committed the crime of drug trafficking and was sentenced to life imprisonment, deprivation of political rights for life, and confiscation of personal property of RMB [-].

After the verdict was pronounced in the first instance, Zhong Weican appealed on the grounds that he was instructed by Luo Shu to sell and transport drugs.

After hearing, the Provincial High Court held that the facts identified in the first-instance judgment were clear, the evidence was reliable and sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedure was legal. Court approval.

Looking at the verdict in his hand, Fang Yi couldn't help frowning. The two-instance procedure of this case has already been completed, and it is waiting for the approval of the Supreme Court. Moreover, he has obtained all the stolen goods, so there is basically no need for defense.

"Lawyer Fang, I'll tell you the truth, I've already consulted three lawyers before I came here, and they all said there was no way.

There was a lawyer who said that he could find a relationship with the Supreme Court, but I thought that if this lawyer could have a relationship with the Supreme Court, he would not be stuck in a small lawyer, and the possibility of fooling people was more likely, so I ignored it he.

Why!I've already advised him not to touch this thing, but he...he didn't say anything.To be honest, I am also a dead horse as a living horse doctor. Seeing Fang Yi frowned, Zhong Weicheng felt a little bit in his heart, knowing that this time might be in vain, but he still wanted to give it a try.

"Your brother was arrested on the spot when he was trading in a hotel. So far, the procedures have been completed, and the only thing left is for the Supreme Court to approve the death penalty.

Although you can also hire a lawyer during the period when the Supreme Court approves the death penalty, to be honest, it’s not that I don’t want to earn your lawyer’s fees.Even if you charge your lawyer's fee and go through a procedure, it will not change the result, and you will not be rewarded for nothing.Please understand. "Fang Yi looked at each other seriously.

Unless there is a breakthrough in this kind of case, there is no way to handle it. If you collect money, you can't do anything. If it spreads out, it will damage your reputation. Fang Yi definitely can't handle such a thing.

"I agree with the fact that I was arrested on the spot. The evidence is solid, and no one can quibble. But my brother is just a young man, and there is someone above him. That person was also arrested, but he was not arrested because of insufficient evidence. He was released on bail pending trial. gone."

"Is the person you mentioned Luo Shu mentioned in your brother's appeal?" Fang Yi asked.

"Yes, it was him, but the procuratorate said there was insufficient evidence, so he was released. His release on bail pending trial was handled by my brother's defense lawyer, Attorney Zhao." Zhong Weicheng said.

"Your brother's defense lawyer, Lawyer Zhao, released Luo Shuban on bail?" Fang Yi asked suspiciously.

"Ah! That's right! Lawyer Zhao is a lawyer from a large firm in the capital city. A friend introduced him to him at the time. We entrusted him first, and later we heard that Luo Shu's daughter-in-law also went to him to go through the entrustment procedures. Me too. I found out through friends. Is there a problem with this?" Seeing that Fang Yi's eyes were wrong, Zhong Weicheng glanced at Ouyang Jie in bewilderment.Ouyang Jie was also in a state of confusion, and he didn't know why Fang Yi asked such a question.

Fang Yi rubbed his chin and remained silent for more than ten seconds, then looked at Zhong Weicheng: "Are you sure that your brother's defender, Attorney Zhao, has accepted Luo Shu's entrustment and provided him with legal services?"

"Sure, I asked a friend through an insider." Zhong Weicheng stared at Fang Yi with big eyes.

"The breakthrough point of your brother's case may be here. I can try it, but I can't guarantee whether it will be successful." Fang Yi said with firm eyes.

"You mean...my brother's case has been slowed down?" Zhong Weicheng was startled, with excitement in his eyes.

"All I can say is that there is an opportunity.

It is prohibited by law for the same lawyer to defend two or more criminal suspects who have interests in the same case.

Although the "Criminal Procedure Law" does not clearly stipulate how to deal with the situation where the defender has a conflict of interest, relevant laws, regulations and judicial interpretations have made clear prohibitive provisions.

For example, Article 30 of No. [-] of the "Lawyer Law", Article [-] of the "Code for Handling Criminal Cases by Lawyers" and Article [-] of the "Measures for Punishment of Lawyers and Law Firms' Illegal Behaviors" all stipulate that lawyers shall not serve as lawyers for more than two lawyers in the same criminal case at the same time. Criminal suspects and defendants serve as defenders.

Article No. 40 of the Regulations on Procedures for Handling Criminal Cases by Public Security Organs also stipulates: "Criminal suspects in the same case shall not hire the same lawyer.

Article 317 of the "Criminal Procedure Rules of the People's Procuratorate" and Article 30 of the Interpretation No. [-] of the Supreme People's Court Concerning Several Issues Concerning the Implementation of the "Criminal Procedure Law of the People's Republic of China" also have relevant provisions.

It can be seen that our country's laws, regulations and judicial interpretations impose strict restrictions on lawyers defending co-criminal suspects. No one is allowed to hire the same lawyer, and this prohibition runs through the entire criminal procedure of investigation, prosecution and trial.

The behavior of your brother's defense lawyer, Lawyer Zhao, clearly violated the above-mentioned regulations. "Fang Yi explained.

"Then, does this situation have a big impact on my brother's case? Is there any possibility of changing the sentence?" Zhong Weicheng immediately became excited.

"It's really hard to say whether the sentence can be changed. However, the same lawyer has successively accepted the entrustment of two criminal suspects and defendants who have interests in the same case in the investigation and trial stages, and participated in criminal proceedings. The impact on the fair trial is Pretty obvious. Specifically:
[-]. Violating the lawful rights and interests of criminal suspects and defendants.

During the investigation stage, when lawyers provide legal assistance to criminal suspects, they often learn secrets related to investigation activities from activities such as meeting with criminal suspects. Lawyers must never disclose, disseminate or publicize any matters involving investigative secrets.

If a lawyer accepts the entrustment of two or more criminal suspects to provide legal assistance in the same case, the space for the lawyer to use or disclose investigative secrets (especially matters unfavorable to the criminal suspect) will further increase. It is difficult to avoid the suspicion of collusion, and it may even generate interest transfer between the entrusted criminal suspects, thereby improperly infringing on the legal rights of one of the criminal suspects.

Even if the lawyer strictly keeps the secrets obtained in the course of practice, it is suspected of violating the lawyer's duty of loyalty to the client.

In this case, your younger brother’s defense lawyer, Attorney Zhao, successively accepted the entrustment of two interested suspects (Zhong Weican and Luo Shu) during the investigation stage. Luo Shu was released on bail while your younger brother was arrested. The key is The interests of these two people are in conflict. It's hard to say whether there is a problem here.

When I read the verdict just now, I wondered why, during the first and second instance, the lawyer Zhao, as the defender of your brother Zhong Weican, raised the opinion of another lawyer of your brother Zhong Weican on the behavior of Luo Shu and Zhong Weican Conflicting defenses.

Generally speaking, two defense lawyers for the same defendant should communicate the defense plan before the trial, and there should be no conflicts, because this is extremely detrimental to the defendant.

From what you've said, maybe that's the problem. "Fang Yi said.

"Is there? Where is it? Why didn't I see it?" Zhong Weicheng was surprised, staring at Fang Yi with big eyes.

Fang Yi drew with a pencil some of the defense opinions in the judgments of the first and second trials, and handed them over.

"I, Cao, if you don't tell me, I really can't see that there is such a thing!" Zhong Weicheng scratched his big bald head and swears.

"The legal services provided by Lawyer Zhao twice successively were from the opposing point of view of another criminal suspect, and even from the point of view of the prosecutor, which greatly reduced the weight and strength of the defense, and not only failed to do what the lawyer should do. On the contrary, because of the lawyer's intervention, your brother Zhong Weican fell into an even more disadvantageous situation.

Therefore, what your brother Zhong Weican has received is only a nominal help. In fact, his interests are not only not protected, but he may also bear adverse consequences. In essence, your brother's legal rights have been violated.

[-]. Lawyer Zhao's behavior may interfere with the normal activities of the judiciary to find out the truth.

In this case, Zhong Weican himself and the other co-defendants did not confess the fact that Luo Shu participated in the prosecution of Zhong Weican, except for the fact that Luo Shu participated in the sale of Zhong Weican's drug products (the procuratorate did not prosecute this fact).

Zhong Weican only mentioned that his drug trafficking was instigated by the "Fifth Master", but when it came to the first and second trials, Zhong Weican confessed that the "Fifth Master" was Luo Shu.

Attorney Zhao provided legal assistance to the co-suspects Luo Shu and Zhong Weican during the investigation stage, and later provided Zhong Weican's defense opinion in the first and second trial stages that he was ordered by Luo Shu to commit a crime. , which in turn caused the judge to question the authenticity of the confessions of the defendants, which affected the judge's accurate judgment of the facts of the case.

[-]. Without the protection of procedural fairness, the court of second instance may make an unfair judgment on the facts of the case and the status and role of each defendant in the joint crime, which may affect the fair trial of the entity.

[-]. Lawyer Zhao's behavior may affect the credibility of the judiciary.

In this case, judging from your brother Zhong Weican's criminal circumstances, consequences and harmfulness to society, to put it bluntly, he should indeed be punished according to law.

However, if procedural justice is simply sacrificed to achieve substantive justice, and the death penalty for your brother Zhong Weican is approved when the procedural violations have not been corrected, the public will question the fairness of the judiciary, thereby affecting judicial credibility and authority. "Fang Yi explained.

"Lawyer Fang, my younger brother should go to jail if he commits a crime. I'm a rough person and I don't understand the truth. You have said so much. If I entrust this case to you, what will be the result of this case? Tell me , I feel good about it." Zhong Weicheng looked at Fang Yi eagerly.

"According to my experience, it is unlikely that the sentence will be changed directly. The best result is a retrial. Of course, as you said, I am also a dead horse as a living horse doctor. Give it a try. I dare not give you a guarantee." Fang Yi didn't want to offend this kind of social person, so as not to cause trouble for the law firm and himself.

Ouyang Jie understood that Fang Yi's subtext was: I think this case has some hope, if you are willing to try, I will take it, but I can't promise you anything.

"Okay, Lawyer Fang, I'll entrust this case to you." As he spoke, Zhong Weicheng picked up the travel bag next to his seat and threw it heavily on the table, and unzipped it with a bang, revealing the red note inside.

"Lawyer Fang, I'm a rough person. I'll give you 40 yuan for the lawyer's fee for this case. If the case is sent back for retrial as you said, the remaining [-] yuan in this package will be yours.

Taking a step back, if the Supreme Court approves my brother's death sentence, I don't blame you, it's my brother's life.What do you think? "Zhong Weicheng exudes a domineering aura, which makes people shudder.

"No problem. Sit down for a while, and I'll have someone prepare the entrustment procedures. Have you brought your ID and household registration book? It's best if your brother's lover comes to go through the entrustment procedures." Fang Yi has handled cases for so many years, It was the first time to see such an arrogant party.

"My younger brother is not married. I was the one who handled the entrustment procedures before, so let me do it. I have brought everything." Zhong Weicheng took out his ID as he spoke.

After more than 20 minutes, Fang Yi sent Ouyang Jie and Zhong Weicheng into the elevator. He let out a sigh of relief until the elevator door closed, and thought to himself: It is better not to provoke such parties in the future.

After signing the entrustment procedures and collecting the money, he had to work. In the next few days, Fang Yi went to the provincial high court to review the papers, and then went to the detention center to meet Zhong Weican. After reading the papers, Fang Yi found that it was as Zhong Weicheng said. Sure enough, Zhong Weican and Zhong Weican entrusted the same lawyer, and this lawyer was Zhong Weican's defender Zhao in the first and second trials.

　Four chapters are updated today, it is not easy to write a book, please support the book friends!

　　I finally finished writing, but I made a mistake and clicked to send immediately.Made a mistake!

　　
　
(End of this chapter)