Huang Yixi stood up, his face bright but calm, "Thank you, host, hello everyone! The opponent's argument was full of passion, as if Zhang San had been found guilty of accepting bribes, and the opponent's argument was full of logical errors, reminding us of the importance of adhering to the principle of legality of crimes.

The famous jurist Dworkin once said, "It is better to let go of many guilty people than to punish one innocent." ”

Speaking of this, Huang Yixi couldn't help but snicker in his heart, just now he laughed at Kang Mingyang's use of celebrity quotes is academic style, but he is not exempt from vulgarity, and he doesn't use celebrities to affirm the argument as if the power of the argument is thin.

This thought was just a flash, and Huang Yixi continued to state, "Through the debate just now, we believe that the three views of the opponent's defense friend are debatable: first, Zhang San's normal exercise of power is determined to be a power-for-money transaction;

the second is Zhang Guan and Li Dai, referring to the deer as a horse, and imposing Li Si's bribery on Zhang San's head;

The third is subjective assumptions, imposing will, and presumption that Zhang San's intention to accept bribes is criminal intent.

I will summarize my views further.

1. Zhang San's conduct does not meet the constitutive elements of the crime of accepting bribes.

According to the provisions of China's Criminal Law, a state functionary who takes advantage of his position to solicit other people's property, or illegally accepts other people's property to seek benefits for others, is guilty of accepting bribes.

In this case, subjectively, Zhang San did not realize in advance that the property sent by Wang Wu was bribe, and Wang Wu did not propose to seek benefits in advance, so Zhang San did not have criminal intent;

Objectively, Zhang San did not receive the 30,000 yuan sent by Wang Wu, and his request for instructions from the leaders had no direct causal relationship with the 30,000 yuan, but was only performing normal work procedures. According to the theory of constitutive crime, Zhang San's conduct did not meet the constitutive elements of the crime of accepting bribes.

2. Zhang San and Li Si do not constitute a joint crime.

Wang Wu and Li Si are classmates, the person Wang Wu asked for is Li Si, and it is Li Si who accepts bribes.

After Li Si accepted the money, Zhang San did not participate in the distribution, let alone jointly possess the 30,000 yuan, and did not have the right to dominate and control the 30,000 yuan.

Throughout the case, Zhang San and Li Si did not have close contact and communication, and did not have any intention to commit a joint crime, so they did not meet the requirements for joint crime. ”

Huang Yixi's last word happened to be stuck at the point in time, and the lawyers had to admire her writing skills and the accuracy of grasping the time.

However, in the debate arena, it is necessary to have a clear mind, calm thinking, not to fight with the other party, and pay attention to the details that the other party has not noticed, which is not something that an ordinary lawyer can do.

Huang Yixi's views are progressing layer by layer, making it clear that Zhang San does not constitute a crime, let alone a joint crime with Li Si, so that the four debaters on the positive side have no way to grasp the loopholes and refute the arguments she said.

All the great powers on the scene, including the players of other teams, were also thinking about how they would speak in the next time to be advantageous, and why everyone would crash all of a sudden, and the scene would suddenly be quiet.

In the end, it was the positive side who stood up first and refuted the opposing party's point of view, "Then please ask the opponent's defense friend, haven't you noticed, Zhang San said: "Your lover is in the hospital for surgery, you can keep the money." I don't want it yet, and I will talk about it when I am short of money, isn't this a process of distributing spoils? Manager Wang Wu contracted the project, you draft a report asking for instructions, and I will talk to the enterprise leaders again, isn't this seeking profits?"

"I'm going to answer two questions from my opponent. Shang Luoyu stood up with a smile, originally he didn't want to interfere in the free debate stage, there was no need to show the 'killer feature' too early, so that the other party could be prepared for the fourth debate. But I didn't think that Huang Yixi's lethality was too great, and the other party's four arguments were suddenly stuck.

At present, it seems that as long as the other party's two problems are solved, everything has already settled, since the other party is so cooperative, then he doesn't need to be too polite, and he should rest early after the debate.

"The issue that the opposing debater said is indeed the key to the determination of guilt and innocence, but the opposing debater ignores or deliberately fails to mention the chronological order and the causal relationship of the criminal law.

Just now, our third defense also made it very clear that when Wang Wu was bribeing, Zhang San did not realize in advance that the property sent by Wang Wu was bribe, and at that time, Zhang San knew that Li Si's wife needed money for hospitalization, and among relatives or close friends, it was a very normal behavior because the other party was in financial difficulties or in urgent need of money and gifts, even if Zhang San later knew Wang Wu's needs, he did not take the money.

At the same time, we should note that Wang Wu's company itself is qualified to contract the project, and Zhang San, as the leader handling the matter, also has the right to make suggestions to the leaders who have studied and decided on the matter. ”

After Huang Yixi spoke, the first debate was almost one-sided, but it was not as uninteresting as everyone imagined, although in the end, the free spokesman of the positive side almost put himself in the position of the prosecutor, with an aggressive momentum, and quoted scriptures and quoted legal provisions.

However, he did not put forward any new views, but only made a relatively successful summary and summary of the opinions of the positive side.

But everyone knew in their hearts that there was no way to reverse their decline with this beautiful ending of the positive side, unless Shang Luoyu, the free spokesman, was as stupid as Yi Wei, and Shang Luoyu would? From his previous speeches, everyone found that it was unlikely.

Sure enough, Shang Luoyu lived up to expectations, and in his final statement, he added the report of the 19th National Congress of the Communist Party of China to his summary statement in response to the other party's argument, "To sum up, Zhang San, as a state functionary, has neither the criminal intent to trade power for money, nor the objective act of accepting their property, nor the common criminal intent with Li Si.

Therefore, we believe that Zhang San does not constitute the crime of accepting bribes, whether from the perspective of the theoretical analysis of the composition of the crime or from the perspective of the elements of joint crime.

As Berman said, the law must be believed, otherwise it will be nothing. It is true that corruption cases are the focus of society, and the issue of anti-corruption has a bearing on people's livelihood and the foundation of the country.

However, as legal workers, our characterization of Zhang San's behavior must be based on facts, take the law as the criterion, adhere to the objectivity of the law, and maintain a clear mind.

The process of ascertaining and confirming the facts of a case is not a simple process of summarizing the facts, but a process of accurately determining the facts of the crime in the law, otherwise it will be a fraction of a cent, a thousand miles away, deviating from the original intent of the legislation, and it will not be able to correctly determine the crime.

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