Ma Yu replied, "The royal wife found us at the docks and asked us to be tactful on some issues. I asked, how can you be tactful? Wang's wife asked about the situation at that time, and I said that Xue had vomited twice, said it was cold, and leaned on Wang Shao's body to fall asleep. Wang's wife told me that the little fox pretended to be pretty, she said that drunk people don't feel cold, and Xue was not drunk at all, he was deliberately seducing Wang Shao. After leaving, I checked on the Internet and found that drinking alcohol can speed up people's blood circulation and make the body hot. In addition, Xue took the initiative to lean towards Wang Shao's side, and when Wang Shao helped her, she could still walk by herself, I think she shouldn't be drunk. ”

Cao Yun asked: "Wang's wife is waiting for you at the dock, did you say that you should perjury on Xue's drunkenness?"

Ma Yu replied: "She didn't say it, she only said that she was tactful on some issues." ”

Cao Yun asked, "What do you think is the problem?"

Ma Yu said: "I think it should be seducing...... I'm telling the truth, Xue was leaning on Wang Shao at that time. ”

Cao Yun asked, "What was the situation when you made the transcript?"

Ma Yu said: "I take the police's problem very seriously, and when I contacted the information I checked on the Internet, I thought that Xue was not so drunk that he didn't wake up." ”

"Against. Wang Lei said: "According to the police records, their testimony is: When they dispersed, Xue was not drunk. Now Ma Yu said again that Wang Shaoxian and Xue left. ”

Cao Yun said: "Trouble the prosecutor to read the transcript carefully, what Ma Yu said at the time was that Xue was not drunk and could still walk with Wang Shao's support." Xue was not drunk when he dispersed, which was Zhao Shao's testimony. Wang Shao is not strong, without Xue's help, it is impossible for him to carry Xue to the room, from this point of view, Ma Yu is not lying. It's just that Ma Yu has a cognitive error about getting drunk, and he thinks that drunk people can't even walk. ”

Wang Lei smiled: "The opposing lawyer, Ma Yu is an adult, I don't believe he hasn't been drunk?"

Cao Yun looked at Ma Yu, and Ma Yu said: "On the day I became an adult at the age of eighteen, my father took me to drink, and it was winter. When I woke up the next day, I found myself by the lake with my father sitting right next to me. He told me that I was dead because he was my father and covered me with a quilt, so I was still alive. I never got drunk again after that because my father told me you could only drink three beers. I've never drunk more than three beers. I've personally seen people who are crazy about drinking, but they are all crazy with alcohol. They are more sober, but they have more ideas and are bolder, and they can't be drunk at all. ”

Cao Yun nodded and said, "Your Excellency, what I want to say is that Ma Yu did not lie in the three testimonies of the patrol police, the police transcripts and the trial. ”

Wang Lei said: "The opposing lawyer, let me remind you that Ma Yu admitted in court that he lied. ”

Cao Yun said: "The question is here, when did Ma Yu admit to lying? It was when Wang Shao admitted that he took advantage of Xue's lack of consciousness to tip Xue's wall. At this time, Ma Yu thought that his testimony was perjury, and the prince's wife asked him to be tactful in some way, so he linked the two points together and believed that he had committed perjury. Actually, no, no, Ma Yu always believed in Wang Shao, and Wang Shao's confession of the crime made his soul suffer a great impact. Secondly, Ma Yu only stated in his subjective cognition that Xue was not drunk, and although Ma Yu's testimony was different from the facts, it was only a matter of cognition, and Ma Yu did not lie. "Shift the subject tactics.

Cao Yun said: "There is a very classic case, a bounty hunter in the United States punched the fugitive in the chest in order to capture a fugitive, and the murderer died. The bounty hunter pleaded guilty, believing that he had killed the fugitive. The bounty hunter's lawyer argues that the probability of the bounty hunter's punch causing the death of the murderer is low. The lawyer conducted numerous tests and determined that a bounty hunter's punch was not enough to break the murderer's ribs, causing the rib fragments to go into the heart. Eventually, the case came to light when another bounty hunter had attacked the assailant in the chest with a potato gun at close range a few days earlier, resulting in a cracked rib. The bounty hunter's punch caused the fragments to peel off the ribs and fall to the heart. ”

Cao Yun: "My own eyes will deceive myself, let alone my own cognition? The testimony of Wang's wife shows that she did not ask Ma Yu to testify that Xue was drunk, but only asked to be tactful on some issues. Wang's wife also explained that she hoped that Sanshao would be tactful: Xue was seducing Wang Shao, not whether Xue was drunk or not. There are 20 testimonies on my side, which are Ma Yu's relatives, subordinates of the company, daily friends, university teachers, neighbors of the house, etc...... They proved that they had never seen Ma Yu himself drunk. I will then call my witnesses to appear in court. ”

does not give the prosecutor a chance to refute, this is the difference between the rookie and the old prosecutor, Cao Yun is now completely in control of the rhythm of the court defense. The role of witnesses is not great, and its biggest role is to let Cao Yun adjust the rhythm of court defense. The prosecutor may want to refute it, but when he hears that Cao Yun has applied for a witness to appear in court, he will think about waiting for the witness to appear in court before making a plan. In this way, in the judge's subjectivity, it will be assumed that the prosecution has acquiesced to everything Cao Yun said before. The prosecution was again attracted by the testimony of the witnesses, forgetting that they still needed to refute Cao's previous statement.

The witnesses are a pair of celebrity sisters, and the younger sister has a good impression of Ma Yu and pretends to be drunk and sticks to Ma Yu. As the saying goes, if a woman is not drunk, a man has no chance. But Ma Yu innocently thought that she was really drunk and called her sister.

After the witness withdrew, rookie Wang Lei was inexplicable: "The opposing lawyer, this can't explain anything at all." ”

Cao Yun smiled in his heart, and said seriously: "Prosecutor, please pay attention, I don't need to prove anything. I just told the court that Ma Yu himself had a misunderstanding of drunkenness, which led him to give false testimony, but this testimony was what he believed to be true testimony. ”

Cao Yun said: "Mr. prosecutor, unless you can prove that Ma Yu can accurately judge whether a person is delirious after drinking, Ma Yu's perjury charge will not be established." Ma Yu is not an expert in drunkenness and is not obligated to take responsibility for his own ability to judge drunkenness. Perjury is based on intentionally lying. I admit that what Ma Yu said is not the truth, but what Ma Yu said is what he thinks is the truth. ”

There are two explanations for this case, one is: Wang Shaoqiangjian was established, and he himself explained the process of the crime, because Ma Yu's testimony did not conform to the facts, so Ma Yu was convicted of perjury.

Another explanation: Ma Yu himself has a different perception of drunkenness from the facts, and he made a judgment that he thought was correct, but this judgment was wrong.

The former is intentional lying, which is perjury. The latter is a misjudgment, not even enough to lie.

The first possibility is what Ma Yu said during the trial of the wall-tip case? After Wang Shao pleaded guilty, Ma Yu said: It seems that I have committed perjury. What Ma Yu said was rather vague. Similarly, when Lin Shao finally pleaded guilty, he also said something more vague: In this case, I admit that I have committed perjury. is the only one who is a real person: I have been a friend for so many years, I can't help it, I know that perjury is a crime, but I have morality, even if I know that I am in prison, I must stand up.

Judging from Cao Yun's understanding, Lin Shao and Ma Yu both deliberately committed perjury. But they have a conscience, and they know that they are worthy of their brothers, but they are sorry for the victims, so they are more ashamed when they confess their crimes, and their tone is weak, which leads to ambiguity. After Zhao Shao was caught with pigtails, he generously stated and described himself as great.

Now comes the most critical time for the battlefield.

Zhao Shao can expose Ma Yu lying, because after Xue and Wang Shao left, Zhao Shao, Ma Yu and Lin Shao talked and joked that Wang Shao would not eat tofu while others were unconscious, right?

If Zhao Shao jumps out, the case will start to be complicated, and in this case, Cao Yun will have to kill Zhao Shao's character. Simply put, it is trapped in injustice. It is impossible for one person to please everyone. If you are comfortable, the fewer people will be satisfied with you. Such testimonies are easy to collect.

If Lin Shao is smart, he will follow a ride. The worst-case scenario is that Ma Yu is besieged by Lin Shao and Zhao Shao. That's why Cao Yun is only 50% sure. If Ma Yu is really so bad, the four dead friends begged to get out, but the two dead friends wanted to pull him to accompany him to the funeral, then Cao Yun confessed.

Cao Yun believes that the most likely situation is that Zhao Shao bites Ma Yu back, and Lin Shao, as the only witness, will be ashamed of Zhao Shao's behavior and prove that Zhao Shao lied.

Bai Chuan looked at Zhao Shao, Zhao Shao's eyes flickered, and the judge keenly noticed that Zhao Shao was different, and asked, "Zhao, do you have something to say?"

Zhao Shao glanced left and right, and after a long time, said: "I have known Ma Yu for more than 20 years, and I have never seen him drunk. Lin Shao's tutor is also very good, and he is a strict wife, and he has never seen him drunk. There are only a few people in our main social circle, and everyone is a wine tasper, not an alcoholic. Others...... Subordinates and the like don't dare to pour us wine. ”

Zhao Shao chose the path of light, although he couldn't escape the charge of perjury, but after he was released from prison, at least two brothers would pick him up.

Next is the next step.

Ma Yu really only got drunk once? and never seen Xue get drunk like this?

Of course not, as a fund owner, it is necessary to socialize at the wine table. Cao Yun selectively submitted his testimony. Prosecutor, you have to be serious, you go to investigate, and see how many people will prove that Ma Yu was drunk. The people who can prove that Ma Yu was drunk are all people who have a grudge against Ma Yu, and since they have a personal grudge against Ma Yu, then Cao Yun can knock out his testimony.

This tactic is called subjective tactics and is often used in the defense between homicide and intentional injury causing death, and there is only one difference between the two, whether the wounder subjectively has the intention of killing the other person.

For example, if an adult punches a child and the child dies, the adult only gives the child a punch after the child disturbs him. This is the offence of intentional wounding causing death. If an adult confesses that he thought about killing a child when he punched him, he would be guilty of homicide.

This method of defense is suitable for more ambiguous cases, where the use of fists is ambiguous, and the use of daggers, then there is no possibility of intentional injury causing death.

Cao Yun: Drunk, not to mention Ma Yu's self-discipline, even if Ma Yu is an indulgent person, it is difficult to tell whether a person is really drunk or fake. The difference between the two testimonies is entirely due to his own different understanding of drunkenness. The spirit of the criminal case is that there is no doubt about the guilt, Ma Yu did not commit perjury, he just made false testimony. This year, 27 cases of false testimony in Dongtang were found to be false testimony, not perjury.

Cao Yun: Your Excellency, there is a basic point in the crime of perjury: subjective intent. The prosecutor had no evidence of Ma Yu's subjective and deliberate lies. The law stipulates that the crime of perjury is not established if the perpetrator makes an erroneous appraisal conclusion, record, or translation due to carelessness, lack of conscientiousness, or lack of knowledge or professional ability, or because of a misremember, omission, mistranslation, or omission. Therefore, I ask the prosecution to drop the charges against my client, Ma Yu.

The prosecution was obviously very poorly prepared, and they believed that Ma Yu had pleaded guilty in the last trial, so the facts did not need to be further argued. They ignore the fundamental point at which the crime of perjury is formed, which is subjective intent. As long as the prosecution is found to be innocent of subjective intent, the crime of perjury cannot be established.

There are three people who can pose a threat to Cao Yun, the first is Zhao Shao, Cao Yun has collected a lot of information in order to overthrow Zhao Shao.

The second place is Lin Shao. Suppose Lin Shao and Zhao Shao teamed up to prove that Ma Yu lied, and Cao Yun conceded defeat.

One of the most critical witnesses was Wang's wife, Cao Yun did not have any contact with Wang's wife, and he believed that even if the prosecution found Wang's wife, Wang's wife would know how to deal with the prosecution. Suppose Cao Yun and Wang's wife meet, explain the situation, or keep a call record. Assuming that the prosecution is Sima Luo, it will be a fallout.

Cao Yun's advantage is that the crime of perjury is very minor, and no one will want to offend Ma Yu and the Ma family by harming others and themselves. In this case, there is almost no social harm, no moral deficiency, but Ma Yu perjured for his friend, which shows that Ma Yu has morality. Therefore, the people who will help the prosecution have personal grievances with Ma Yu or the Ma family, and since they have personal grievances, Cao Yun is sure that his testimony will not be established.

No matter how powerful Cao Yun is, he has to have rice to put in the pot. If Ma Yu clearly admitted his crime in the trial of the walltip case and explained the cause and effect, then Cao Yun would also be powerless.

Cao Yun also had to collect evidence, in addition to 20 testimonies, and celebrity sisters testified in court, Cao Yun also handed in a mobile phone test report. It proves that after the case was discovered, before Ma Yu made a record, Ma Yu searched the Internet for what the standard of drunkenness was, how much did he drink if he was drunk and unconscious, and whether he was drunk or not drunk when he felt cold. It further states that Ma Yu does not have the ability to judge whether a person is completely drunk or not. Of course, these are facts, so Cao Yun turned them in. If the facts were not in Ma Yu's favor, Cao Yun would not have mentioned this matter.

Even so, in the end, whether Ma Yu is guilty or not depends on the judge.

Subjective intent needs to be judged subjectively, and since it is subjective, there can be no absolute evidence, only reference evidence. In order to influence the judge's subjective judgment, Cao Yun collected a large amount of circumstantial evidence.

The judge can rule that in the Wang Shaoqiangjian case, Ma Yu admitted in court that he had committed perjury, and as for the verbal modifications and words, they could not change this fact, and ruled that Ma Yu was guilty of perjury.

The judge can also rule that there is no conclusive evidence that Ma Yu deliberately lied, and judging from the evidence provided by the defense so far, it is impossible to judge whether Ma Yu's perjury is established. In accordance with the spirit of the law, there is no doubt about the crime, so Ma Yu was not convicted of perjury.