Lawyer's character

"Lao Tzu said: 'Misfortune is where blessings depend, and blessings are where misfortune lies.' The interdependence of misfortune and blessing is like 'a blessing in disguise'!

Look, the case will come soon, and your commission will be there again. This is called the interdependence of blessings and misfortunes. "Yu Wendong laughed.

"I really didn't want to kick those two lawyers out, but they went too far. Aren't you afraid that the defendant will cause trouble for them after he comes out?

Why! The forest in the legal profession is so big that there are all kinds of birds. There are so many weird things. "Zhou Ying sighed.

"These days, everything depends on money. A few days ago, I heard from my master that a partner of a law firm took away the client's execution money and ran away. The total amount was only more than one million. He is really poor. What about the lawyer? You can do this! I really don’t understand." Yu Wendong shook his head.

"Lawyer Song, why are you so listless? Is the court session not going well?" Zhou Ying looked up and saw Song Hui walking over holding the case file.

"Well, the result of the trial is not ideal. I'm going to talk to Boss Fang to see if there is any good solution." After Song Hui finished speaking, he went to Fang Yi's office with the case file in hand.

Zhou Ying looked at Song Hui's back and murmured: "Life is not as good as you want it to be. Nine times out of ten, every lawyer has his own problems. It's not easy."

"Lawyer Fang, are you busy?" The door of the office was open, and Song Hui walked in directly.

Fang Yi was typing furiously. He looked over the top of the computer screen and saw Song Hui walking in. His face didn't look good.

"You're done, what's the matter?" Fang Yi knew that Song Hui must have something difficult to do when he came to see him with this expression, so he paused typing.

"I took on a prostitution case before. After the first and second trials, the court's decision was not ideal..." Song Hui said.

"Tell me about the case and let's analyze it together." Fang Yi left his desk and sat down next to the sofa.

Song Hui sat across from him and handed the case file to Fang Yi: "Look at the case file, I will introduce the basic facts of the case..."

In June, Xie Youhe assigned Song Hui a case, which was an independent trafficking case. The basic facts of the case are as follows: at the end of last year, a woman named Hou Yanjiao teamed up with a man named He Xiang (the co-defendant in the case, Sentenced) brought 400 grams of HL heroin from Guangdong Province to this city, and sold heroin to Zhu Yong (co-defendant, sentenced) at a price of 220 yuan per gram in Room 611 of the Four Seasons Hotel in this city.

On the afternoon of the next day, Zhu Yong instigated He Yuan (the co-defendant, who has been sentenced) to sell heroin to others, and was caught by the public security officers. The public security officers seized 16.5 grams of heroin from He Yuan on the spot, and 2.5 grams of HL heroin from Zhu Yong. 220.6 grams of HL was seized from under the bed in Room 611 of Gumao Hotel.

Later, Zhu Yong confessed that he bought the 2.5 grams of unique product from Hou Yanjiao, but he refused to admit the 220.6 grams of HL found under the bed.

A month later, Hou Yanjiao and He Xiang were arrested. Hou Yanjiao truthfully confessed the fact of selling Dudu and said that when she sold Dudu to Zhu Yong, the weight was weighed at 400 grams. Later, the police interrogated Zhu Yong again, and the latter had to admit the fact that he purchased 400 grams of the unique product.

In May this year, the procuratorate transferred Hou Yanjiao to the Intermediate Court for drug trafficking and recommended the death penalty.

After trial, the Municipal Intermediate People's Court held that the defendant Hou Yanjiao sold a large amount of drugs and was a repeat drug offender. Although his attitude of pleading guilty was good, it was not enough to give him a lighter punishment. According to the Criminal Law, Article 347, paragraph 1, paragraph 2, paragraph 1, Article 356, Article 25, paragraph 1, Article 26, paragraph 1, fourth Article 18, Paragraph 1 of Article 57, and Article 59 stipulate that the defendant Hou Yanjiao is guilty of drug trafficking and sentenced to death, deprived of political rights for life, and confiscated all personal property.

After receiving the first-instance verdict, Hou Yanjiao refused to accept it.

After Hou Yanjiao's family came to this city from other provinces, they heard that Fang Yi's team was good at criminal cases, so they came to Sidley Law Firm for the second trial. The case was assigned to Song Hui by Xie Youhe.

After Song Hui met with the defendant and reviewed the papers, he met with the defendant's family again. After explaining the situation, the defendant's family members understood that now they can only treat a dead horse as a living horse, so they tried to see it.

Seeing that the defendant's family insisted on entrusting the entrustment, Song Hui drafted an appeal petition for the defendant Hou Yanjiao. The reasons for the appeal were:

1. The public security officers only seized 220.6 grams of heroin, and there was no evidence to prove that the remaining product had been sold by Zhu Yong. Therefore, the evidence that Hou Yanjiao sold 400 grams of heroin was only the defendant’s confession, and his confession was inconsistent. It does not rule out inducement or confession. Possibility of torture to extract confessions. Therefore, the first-instance judgment found that there was insufficient evidence that Hou Yanjiao sold 400 grams of heroin.

2. Hou Yanjiao was hired by Lu Hui, a drug dealer in Guangdong Province, to sell drugs. She is an accessory and should be given a lighter punishment in accordance with the law.

3. Although Hou Yanjiao is a repeat offender, her criminal record has only been for selling a small amount of drugs, and she has been sentenced for more than 9 years, so the crime is not considered a serious crime.

In summary, the facts found in the first-instance judgment were unclear and the sentence was too harsh. We requested the second-instance court to remand the case for retrial or change the sentence.

After trial, the Provincial High Court held that the appellant Hou Yanjiao and the co-defendant He Xiang jointly sold 400 grams of heroin, which was a large amount, and had been sentenced for drug crimes. They were drug offenders again and should be severely punished in accordance with the law. In the joint crime, Hou Yanjiao's role was slightly greater than that of He Xiang.

Regarding the appeal reasons and defense opinions proposed by Hou Yanjiao and his defender in the first instance judgment that Hou Yanjiao sold 400 grams of heroin, after investigation, Hou Yanjiao confessed that when she and Zhu Yong were conducting drug transactions in Room 611 of the Four Seasons Hotel, Zhu Yong Weighs in at 400 grams. This confession is consistent with Zhu Yong's confession.

Zhu Yong also confessed that after purchasing the drug, he sold more than 100 grams to others. Therefore, at the time of the incident, the public security officers only seized 239.6 grams of heroin.

The video of the public security officers' interrogation of Hou Yanjiao was played in court during the second trial, which confirmed that Hou Yanjiao was not induced or tortured when she confessed that she had sold 400 grams of heroin. Therefore, the grounds of appeal and defense arguments cannot be established.

Regarding Hou Yanjiao and his defender’s argument that Hou Yanjiao was hired by others to sell drugs and was an accessory, after investigation, after investigation, Hou Yanjiao always confessed that she purchased the drug from a man named Lu Hui in Guangdong Province. , and then brought him to this city for trafficking. There was no joint trafficking behavior with Lu Hui, so he was not an accessory who was hired to help others sell drugs.

Regarding the appeal grounds and defense opinions raised by Hou Yanjiao and his defender that the first-instance judgment was too harsh, Hou Yanjiao sold a large amount of drugs and was a repeat drug offender, so she should be severely punished in accordance with the law. Therefore, the grounds of appeal and defense opinions are not accepted.

The facts identified in the first-instance judgment were clear, the evidence was reliable and sufficient, the conviction was accurate, the sentence was appropriate, and the trial procedures were legal. In accordance with the provisions of Article 189, Paragraph 1 and Article 199 of the Criminal Procedure Law of the People's Republic of China, the decision was made to reject the appeal, uphold the original judgment, and submit it to the Supreme People's Court for approval in accordance with the law. (End of chapter)