Chapter 51: The Trouble of Defending Innocence (2)
Wu Qingyi stood up and walked to the front of the bookcase, opened the bookcase and found a document, and threw it in front of Huang Yixi. "This is a rule and regulations that were formulated when the firm was first established, and you should study and study hard. ”
Huang Yixi picked it up and looked at it, "Isn't this the old yellow calendar many years ago?
Binhai Law Firm was the first law firm established in Whitewater Prefecture, and in the early years, the competent authority issued a document requiring the law firm to be cautious in defending the defense of guilt verdicts, gang-related crimes, and major cases such as the death penalty.
After the release of this document, there was an uproar, and lawyers protested that the competent authorities stretched out their hands too far and turned the guiding lawyers into managing lawyers, which violated the spirit of laws and regulations.
Some lawyers even hold out Article 35 of the Criminal Procedure Law: "The responsibility of a defender is to submit materials and opinions that prove the innocence of the criminal suspect or defendant, that the crime is minor, or that the criminal responsibility is mitigated or exempted from criminal responsibility, in accordance with the facts and the law, so as to safeguard the lawful rights and interests of the criminal suspect or defendant." ”
There is also article 31 of the "Lawyers Law": "Where a lawyer serves as a defender, he shall, on the basis of the facts and the law, submit materials and opinions on whether the criminal suspect or defendant is not guilty, the crime is minor, or that his criminal responsibility is reduced or exempted, and that the lawful rights and interests of the criminal suspect or defendant be safeguarded, and go to the competent authorities for debate, requesting that the lawyer's right to an independent defense be preserved.
The competent authorities also felt that they could not stand up, and although they did not abolish this document, they did not tacitly turn a blind eye to any lawyer who had been examined or dealt with because of this document.
At that time, Li Lixing was elected president of the lawyers association and took the lead in drafting a law firm's rules and regulations, which required a vote of senior partners and more than two-thirds of the participants before he could make a not-guilty defense.
The reason why Huang Yixi knew about this old yellow calendar was that when he was a graduate student, he did a mock debate before the debate competition organized by the school, and about whether the lawyer's right to independent defense is completely independent or relatively independent, and whether the opinions of the parties should be respected when they disagree with the parties, whether the opinions of the parties should be respected or the opinions of independent parties, or the opinions of independent parties, or the termination of the entrustment contract, these views were found in the materials found.
Huang Yixi is not a senior partner and has no authority to participate in the voting, but she flipped through the records, as if the law firm had not held such a voting meeting in recent years, no wonder Wu Qingyi looked cautious.
"Who told you it was abolished? Wu Qingyi is also a little tired, because of this voting procedure for so many years, the lawyers in the firm have resisted, and there are several who left after no result, although he doesn't understand why Li Lixing is so persistent in this article, but so many years of colleagues, Li Lixing's dedication to rights He knows better than everyone, so although he has the title of deputy director, he is not involved in everything, and many lawyers in the firm also look down on him, and even do not respect him.
"We have been established for so many years now, and there have only been 5 resolutions to hold a not-guilty defense, and 4 of them have not been passed, and the only final verdict that has been passed is to uphold the verdict, under such a probability, do you still want to insist on the not-guilty defense?" Wu Qingyi frowned and looked at Huang Yixi, who lowered his head, oh no, did you overblow?
Unexpectedly, Huang Yixi quickly raised his head and looked at Wu Qingyi brightly, "Of course, this is challenging." ”
"If you want to challenge, you can't do it, Judge Luo said that the trial and supervision committee does not agree to start the second trial. ”
"Then you still ask how to defend it. "This dead old man, you are teasing me, I thought Judge Luo agreed.
"It's okay to tease you. Wu Qingyi's eyes were full of smiles, it was fun to watch Huang Yixi blow up, but unfortunately this girl is now on guard, and she shouldn't be able to knock on her head again.
"Tease your sister, you old disrespectful fellow. Huang Yixi scolded in his heart, his eyes rolled, "I don't believe that there is no way to start the second-instance trial procedure, if the second-instance trial fails, I will apply for a retrial, and find the procuratorate to find a senior official meeting, if it really doesn't work, if it can't be reported openly, I will secretly, I will get a letter from the people to see if they will be tried." ”
"Nonsense, foolish, you are a lawyer, you play with letters from the people, you are bold, if you threaten the judge like this, you will immediately go in and stay inside. Wu Qingyi's face turned blue with anger, squinted, and looked at Huang Yixi unkindly.
"What, old man, don't buckle your big hat, I don't dare to threaten the judge if I have a hundred guts, that's a crime, I just imagined, think about it and don't break the law, at most, ask the respected Judge Luo for advice on the possibility of operation." Huang Yixi said angrily.
"Are you a lawyer? You are a hooligan," Wu Qingyi picked up a feather duster.
"Old man, I am so studious that you actually said that you are a hooligan, even if you do not have high blood pressure, you should be calm and reasonable, and you can not use force to convince people at every turn. ”
After talking for a long time, Wu Qingyi was also tired, and after this time, he also knew the thoughts of this dead-eyed apprentice, she would never give up if she couldn't start the second-instance trial procedure, and he also thought that even if she wasn't innocent, the sentence was too heavy. It's just that he can't help her unconditionally.
"I can convince Judge Luo to initiate the second instance process, and I can also vote in favor of the not-guilty plea on the resolution of the senior partners' meeting in the firm. Wu Qingyi coughed and got to the point.
"What about the conditions?"
"You go to the lawyers' debate tournament. ”
"Old man, you are so unkind, it is shameful to rob while the fire is hot. ”
"Get out!" Wu Qingyi picked up the feather duster again.
Huang Yixi saw that the situation was not good, and hurriedly slipped away.
Seeing that Huang Yixi couldn't see, he smiled and picked up the phone, it's good to be young, and when the blood is boiling, it's not like he is old, like a pool of stagnant water, but at this time, there is also a little stagnant water.
Huang Yixi, who was getting out, saw that Lin Shufang was already pouting her ass in front of her office door, she coughed, Lin Shufang immediately jumped up, and smiled flatteringly, "Xiaoxi, you're here, it's hard to go on a business trip, right?"
"Hmph, it's not hard to go on a business trip, but it took a long time to be scolded by someone's mother-in-law. Huang Yixi couldn't get angry when she saw her, yesterday she and her mother were blocked by Chen Lihua and the neighbors for a long time, this kind of pointing at the nose and scolding is not very good.
"That old witch is not a good person, Xiaoxi, don't be deceived by her. ”
Huang Yixi looked at her coldly, "No one in the world is a good person, you alone are a good person, it is because of you who are a good person, so my mother and I were scolded by your mother-in-law, if you are a good person, you should see clearly what you are entrusting? What are you talking about with your mother-in-law? When will I help you snatch the child, and still not let her visit? and let her have nothing?" Huang Yixi became more and more angry, and directly threw the power of attorney in front of her.