The lawsuit was won, and Lu Yihang returned home, and Lu Yihang greeted him at the gate of the law firm. Before Cao Yun got out of the car, he said to Gao Shan Xing: "Either treacherous or deceitful." ”

Lu Yihang greeted the two with applause, and turned sideways to let the two enter the living room, a table full of dishes. Ye Jiao is helping the waiter set the dishes and chopsticks.

Cao Yun glanced at it: "Yihang, our old friends, we don't need this." ”

Lu Yihang said: "You defeated the first prosecutor Zhuge Ming, which is a great encouragement to me. Please be seated. Wei Jun, eat, Ye Jiao, sit. ”

Today I ate snake meat hot pot, three pots, clear water pot, spicy pot and cheese pot. Lu Yihang introduced: "The farmed cobra, weighing six catties and nearly two meters long, is a highly poisonous and excellent species, and is cooked by the chef of the XX five-star hotel. Strongly recommend cheese, snake meat is light with rich cheese, more flavorful. ”

Cao Yun was surprised: "You really know how to eat." ”

Lu Yihang smiled: "I also have a little background." ”

Cao Yun tilted his head to Ye Jiao: "He wants to marry you?"

Ye Jiao hurriedly put down her chopsticks: "No, no." ”

Cao Yun: "What's the situation?"

Lu Yihang poured Coke for Cao Yun: "Lawyer Cao, I have a case I want to ask." ”

Cao Yun wondered: "I don't understand." ”

Gao Shan Xing didn't understand: "Just ask directly, Cao Yun is not such a stingy person." ”

Lu Yihang said: "Looking at the Yue Sanchi case, although Lawyer Cao is full of surprises, in the end, the real killer is the right move. Denying the facts of the crime from the evidence. ”

Cao Yun knew that Lu Yihang thought that he couldn't learn his own set of swordsmanship, and hoped that when he instructed him, he would not teach swordsmanship, but teach some positive energy with positive significance.

Cao Yun explained: "This case is an oversight on the part of the physical evidence team, and it is not ...... It can't be considered negligence. There are a lot of people working in the physical evidence team, and each of them has their own job, but they don't put the pieces of the puzzle together. And the missing puzzle pieces are very hidden, and they are a piece of the puzzle that the framers did not expect. ”

Cao Yun: "Most of the physical evidence team is young people, and their technical thinking is very active. Like doctors, modern doctors almost rely on machines to complete the examination of the human body, and the machines are indeed very reliable. The doctor's thinking: Collect the test results together and do further tests on the few possible things that exist until the final conclusion. The same is true for the physical evidence team, they have the operation standard of the assembly line, and after completing the standard with the help of the machine, the evidence collection is completed. ”

Cao Yun: "I have seen such a story: an intern doctor helped a pregnant woman do a B ultrasound, met with the pregnant woman's husband, and told the husband that he should be mentally prepared, because his wife was pregnant with a monster with four hands, four feet, and two heads. The husband was stunned on the spot, but fortunately, the old doctor was beside him, and after taking a look at the B-ultrasound picture, he fanned the intern doctor aside: Congratulations, your wife is pregnant with twins. “

Cao Yun: "The physical evidence team has strict rules and regulations. According to the regulations, the physical evidence team is only responsible for the analysis and proof of evidence, and cannot make inferences and inferences about the evidence. The physical evidence team does not and cannot reason what happened at the scene, he can only prove what was at the scene and what was not at the scene. The person who broke the technical evidence of the physical evidence team was Detective Ono, who was second only to Grandpa Koshi's three feet. ”

Cao Yun: "Ono's thinking and logical thinking are not the same as those of the physical evidence team. The assembly line operation of the physical evidence team in the Yue Sanchi case lacked an entry point: taking a map of the distribution of blood stains and a map of the division of gunsmoke...... Ono's logical entry point for thinking: What is the difference between Yue Sanchi's murder and Yue Sanchi's being framed for murder. Then go and look for the difference. ”

Ye Jiao said: "Lawyer Cao, I learned about this case from the side. There are two things I don't understand, can I ask?"

Cao Yun: "Of course. ”

Ye Jiao: "The first question, some people say that they don't kill Yue Sanchi because Yue Sanchi has what they need to be framed. Why didn't the framer hold it hostage, extort more than three feet, and let Yue three feet hand over his things?"

Cao Yun: "Pay attention, Yue Sanchi is a neurosis, not a derogatory meaning. People like her think differently from ordinary people. It's no problem to arrest her and force her to confess, but where is the thing? How to take the thing? For example, the thing is in Ye Le's hand, let Yue Sanqi take it, and the framer will not dare. I can only ask Ye Le to send things over, but how could a person like Yue Sanchi not think that he would be forced to confess? Once Ye Le was contacted and asked to take something, maybe the thing would be activated, or it would meet the conditions for being announced, or it would fall into the hands of Yue Chuan and others. The expedition knows, right? The goose egg expert who kills people without blinking, in order to achieve his goal, Yue Sanchi does not hesitate to cooperate with him, and Yue Sanchi is not afraid of death at all. ”

Cao Yun: "Assuming that Yue Sanqi can't survive the punishment, give the answer: I will bury the things in East Street." When the bad guys go to East Street to dig, it is likely that East Street is an alarm and will start the item transfer process once it is dug up. After the item was transferred, Yue Sanqi couldn't get it back. It is useless to force a confession again, so you can only kill her. Killing her may lead to even more serious consequences. Dealing with the transgression with violence is the most inappropriate way. It is feasible to deal with me and Ouyang Yi violently, Ouyang Yi has a family, a business and money, and he has scruples, he will not joke with his own life or the life of his family. As for me, almost, if there is a vengeance, I have to live before I can take revenge, my values are not in favor of the same end, and at the same time I also support revenge. ”

Ye Jiao nodded slowly: "The second question, why didn't the framer take off the Yue Sanqi gun, and after shooting Jiang Hanyue, put the gun back into the Yue Sanchi holster." ”

Cao Yun: "This is a technical problem, Ono gave an explanation. The more than three feet of the gun has a rope to connect the trouser belt to avoid being robbed. The first method is not to remove the equipped gun, the closer you are to the shooter, the more you walk on the ground, the smoke will be different. The second method is to remove the pistol, throw Yue Sanchi aside, shoot and kill, use Yue Sanchi's fingerprints to make the fingerprints of the pistol shooting, return the pistol, tie the gun rope, and finally send Yue Sanchi to the bathroom. ”

Cao Yun said: "When a bullet hits the human body head-on, blood will spill before and after. If you're lucky, the blood splatters a short distance forward, and you don't reach the killer's location. What if you are unlucky? Jiang Hanyue spurted less blood forward, and it can be judged that it fell on the murderer's feet or clothes, and there were blood stains left on the clothes of the three feet. The water in the toilet can only flush out the smoke reaction, not the bloodstains. Even with the addition of bleach, which only destroys the DNA of the bloodstains, the bloodstains are still there. In the event of bad luck, the defense can use this dead hole to easily make the case a suspect. So according to your assumption, because the police and the physical evidence team have no way to explain where the missing blood goes, and it is difficult to explain the distribution of the less bloody blood on Yue Sanqi's clothes. This is the lie and the truth, the more the murderer is in the position, the more true the lie. Otherwise, there will be a lot of flaws. ”

Ye Jiao understood, and before she could say thank you, Lu Yihang said: "Lawyer Cao, what I want is this dialectic." ”

The Yue Sanchi case is the first lawsuit won by Cao Yun with technical dialectic, and the main credit is due to Ouyang Yi. Cao Yun said that the head is the Tao, but in fact it is also an afterthought.

Cao Yun sighed: "You have lost this snake meat, after all, a framed case is a framed case, and there will always be technical shortcomings." For example, in the insurance fraud case where the camera appeared in Dongtang, he used very few technical means, mainly using the law and the rules and regulations of insurance companies. To technically win a lawsuit, the first requirement is that your client is not a criminal. The second requirement: you must have a very strong knowledge of forensic technology. Ouyang Yi was able to find out that the scene was wrong because of his decades of experience in long-term contact with criminal cases. And the prosecutor has far more technical power than the lawyer, you can try to be a technical lawyer, but you will lose badly. ”

Cao Yundao: "As a lawyer, I rely on the provisions of the law to fight serious crimes, minor crimes, and innocences. Commonly known as exploiting legal loopholes. Let's look at the earliest Erqing murder case. Erqing killed people in front of me, and blatantly robbed his daughter's inheritance in front of the camera. It stands to reason that Erqing's daughter is definitely not eligible to inherit the inheritance. The legal rules are not like this, the second young daughter does not know about the case and does not participate, she is innocent, and she has the right to inherit the inheritance. Did Erqing exploit a loophole in the law? Many people think it is, but I don't think so. Because she used the rules to achieve her own ends. On the other hand, if her daughter is deprived of inheritance rights because of Erqing's murder, the existence of the country's laws will be meaningless. Once a referee ignores the rules he has set and decides a case according to his own preferences, the law really becomes a tool of the authorities. ”

Cao Yun: "I can feel that you have been full of confusion recently. When you have the option to take on a case, the odds of winning are extremely high. When you don't take on cases selectively, you are losing one after another. I can only convey what Ouyang Yi said to me: As a criminal defense lawyer, if you win one out of ten games, you can be considered a good lawyer. ”

Gao Shan Xing: "I have something to say about this...... What do you mean, every time I want to speak, you look at me like that? I'm going to say...... My dad once asked my dad why we need a criminal lawyer if the success rate is so low? My dad said that if there were no criminal lawyers, all the suspects would be guilty today, and all the citizens would be guilty tomorrow. Criminal defense lawyers play an extremely important role in restraining the monopoly of public power. ”

If there is no criminal defense lawyer with a very high failure rate to make the final death struggle, then whether a person is guilty or not depends entirely on whether people see you happy or unhappy, not whether you have broken the law.

Gao Shanxing: "This is the meaning of a criminal defense lawyer, as a criminal defense lawyer, you don't expect how high your winning rate is, otherwise why is there only one Ouyang Yi in Dongtang? Have you ever heard of a second lawyer who is famous for criminal judgment?"

Lu Yihang: "But lawyer Cao ......"

Gao Shan Xing: "Yihang, let's just say that in the Yue Sanchi case, Cao Yun defeated Ye Lan's testimony, can you come up with a better way? Can you be as cheap as Cao Yun?"

Cao Yun looked at Gao Shan Xing with snake meat in his mouth, and Gao Shan Xing patted Cao Yun's head to appease: "He even dared to give Zhuge Ming a wig in person, do you dare?"

"Wow!" Wei Jun, Ye Jiao and Lu Yihang looked at Cao Yun in amazement.

Gao Shan Xing said: "He did what Ouyang Yi couldn't do, and similarly, Ouyang Yi did what Cao Yun didn't do." A lawyer is just a lawyer, not an almighty God. Cao Yun also needs a lot of help to handle the case, and so does Ouyang Yi. ”

Cao Yun admired: "Boss, your speech is getting more and more level. ”

Gao Shan Xing said smugly: "I think so too." I found it enjoyable to be in the position of the boss and reason with my subordinates. ”

Ignoring her, Cao Yun asked, "Yihang, you still tell your case and let everyone refer to it." ”

A is a single person with a modest income who lives in an apartment. One day, A returns home to find that his room has been invaded. A rummaged through his lost property and found no missing item. Being poor has this advantage, which can effectively waste the thief's time and protect the rights and interests of more rich people from being violated.

The story certainly doesn't end here, A discovers that there is an extra plastic bag in the trash can in the bathroom, and there is some gold in the plastic bag. A took it to the gold store for inspection, and the gold was all real, and the value was about 20,000 yuan.

About a week later, the police came to the door. It turns out that B is a habitual burglary who steals several homes and obtains some gold jewelry. B enters A's house to steal and finds that A is a poor ghost, so he rummages around, and finally leaves angrily and leaves the gold jewelry he stole on the bathroom sink of A's house.

A has sold gold jewelry to a gold shop for a profit of $20,000.

Now the prosecution charges A with the crime of embezzlement.

Cao Yun said: "There is a hard condition for the crime of embezzlement, refusing to return it. ”

Lu Yihang said: "Yes, A just doesn't pay it back, A thinks that the money is his own." What is in my own house is my own. ”

"There's a bit of an interesting case. Cao Yun said: "According to the law, A seems to be guilty. ”

"It seems?"

Cao Yun nodded: "For the purpose of illegal possession, the act of illegally taking possession of other people's property, forgotten or buried items handed over to oneself for safekeeping is suspected of the crime of embezzlement." The prosecution must have argued that the gold was forgotten. First, B is not the owner of the gold. The second point is that gold does not know why it went into the trash can, and what goes into the trash can is called discard. Discarded items can be lawfully occupied. This case is just a matter of evidence. B said that the gold was placed in the sink, and A said that the gold was in the trash can next to the sink, and there must be no evidence, and the prosecution and B need to prove that the gold was not put in the trash can. During the court argument, you remind that it cannot be ruled out that B was careless, or the window was not closed, and the wind was too strong that caused the gold to slide into the trash. ”

Cao Yun: "There are two arguments in this case, and I don't think you should lose. ”

Ye Jiao asked curiously: "Lawyer Cao, suppose I picked up 10,000 yuan on the road, there were no witnesses, no surveillance, and I took the money." The police came to me and I said I got it from a roadside garbage can. Isn't that a crime of embezzlement?"

Cao Yun said: "The mainland law judge will subjectively judge whether you picked up the money from the trash can, and basically you don't have to fight, and they won't believe you." ”

Ye Jiao said: "What if in fact someone walked in front of me in order to frame me and put 10,000 yuan in front of me in the trash?"

"That can't be helped. Cao Yun: "This is the difference between the two ** systems, the ocean department can't prove that you didn't pick up money from the trash can, then you picked up the money from the trash can." In the mainland, it is up to judges to judge who is lying, and there are extremely high requirements for judges' impartiality and ability. ”

For example, the most classic sentence: "You didn't hit it, why did you help it?" You can't guarantee that all judges have strong logical thinking and a clear mind. What's worse is that you can't guarantee that the 'connections' won't affect the judge.