Chapter 486: The Difficulty of Punishment
Cao Yun picked up his mobile phone, looked at the missed call, and dialed: "Retired Director Li, is there something wrong with me?"
Li Long smiled: "That's a good name, come out and have a drink." ”
Cao Yun: "I'm on Daewoo Island. ”
Li Long was surprised: "What are the business opportunities in Daewoo Island?"
Cao Yun: "I wouldn't have appeared without money." Am I that snobbish?"
Li Long: "You are not snobbish, but you will not pay attention to it if you are not profitable." When will you be back?"
Cao Yun: "I don't know how to fly a plane at night, tomorrow morning." ”
Li Long: "Let's have dinner together at noon tomorrow." ”
Cao Yun: "Hey, you're not the director now, why should I give you face?"
Li Long: "I'm in for a treat." ”
Cao Yun: "That's okay. ”
Li Long: "I'll send you the location, I'll see you at noon tomorrow." ”
Cao Yun: "Okay. ”
Cao Yun hung up the phone, and then dialed Gao Shanxing's phone: "Boss, what's the matter?"
Gao Shan Xing said: "It's nothing, it's just to tell you a big news." ”
Cao Yun asked, "What news?"
Gao Shan Xing: "Do you know that Yue Sanchi was arrested on suspicion of intentional homicide?"
Cao Yun: "Yes. "The industry must be aware of these kinds of big things.
Gao Shan Xing said: "I just heard that the first prosecutor under the command of the Attorney General will be the chief prosecutor in this case. ”
Cao Yun was surprised and asked, "Could it be Zhuge Ming?"
Zhuge Ming, 48 years old, is the first right-hand man of the Attorney General of the country where the Eastern Tang Dynasty is located. At the age of 27, he appeared for the first time as a prosecutor in the Hengtang Court, and in more than 20 years, he has been charged with more than 1,000 cases. The best thing is that Zhuge Ming's winning rate is as high as 99.9%. That's right, 99.9% of the legendary Zhuge Ming.
99.9 is a Japanese drama. The title of the play comes from the reality that once the procuratorate formally indicts a suspect, the suspect may be convicted 99.9%. The main character of this TV series, the lawyer, is the one who tracks down 0.1%. According to Gao Yan's official statistics, the acquittal rate after the public prosecution is even lower than 0.1%. At the same time, Gao Yan's criminal defense lawyer not only has to worry about the famous 306, but also has political risks.
Don't misunderstand the criminal lawyer just because Li Gouhi has a description in this book. The survival of criminal defense lawyers in Gaoyan and Dongtang was extremely difficult. Under the survival of the fittest, good lawyers are more willing to be commercial lawyers, with more money and less risk. Ordinary lawyers have no choice but to accept cases, mostly going through the motions.
However, the book still wants to promote positive energy, and this book pulls the average winning rate of the prosecution to 85%, which can at least give people some expectations and expectations, and at least affirm the value of the work of criminal defense lawyers, otherwise what is the difference between them and them?
Zhuge Ming's winning rate is above the average, and it is far above the average, and his appearance basically determines the end of Yue Sanqi. However, Zhuge Ming has not yet made a final accusation. As a 99.9% prosecutor, he needs to have solid evidence of his guilt, and the more the better.
The Yue Sanchi case was able to labor Zhuge Ming, naturally because of the influence of the Yue family in the judicial system. For the sake of fairness and justice, Zhuge Ming was transferred to local cities to handle cases. It also makes it clear to the public that the judiciary does not engage in favoritism.
......
There is no good food, and Li Long, as a senior, invites guests to eat, naturally not for the sake of eating.
After retiring, Li Long took off the suit he had worn for decades and put on cheap underwear and a jacket, which was very low-grade. But if you wear it comfortably, Li Long doesn't care what others think, the key is to be comfortable.
Cao Yun poured tea for Li Long: "Fatter." ”
Li Long said: "Being fat means that there is no problem with the body." ”
Cao Yun: "Ha, your theory is anti-medical. ”
Li Long said: "It is precisely what is said in medicine, fat at least means that my stomach and intestines are okay and the absorption is good." After retirement, eat more, consume less, and get fat as it should be. ”
Cao Yun: "I heard that the Police Academy hired you as a guest teacher?"
Li Long shook his head: "I don't have that qualification." I spent most of my police career in administration, and I couldn't teach them how to do things. I can't teach them how to behave. Because what people do well is not good for justice. Let's just say that Li Mo was promoted by me, why did I promote him? After I promoted him from agent to detective, this kid dared to collude with the prosecutor to file a case and secretly investigate me, and I felt that he had a kind of thing. Judicial officers need such people. My friend said that he would wag his tail when he had a dog. I said that dogs are owned by citizens, and I am not qualified to have dogs. ”
Li Long: "When I was in office, all those who showed loyalty to me were destroyed by me, or they were driven to the corner. It's the same with your good friend Sonny, I'm not worried about whether he has anything to do with the hyena. Later I figured it out, it doesn't matter, I have the ability to come up. came up and did bad things, everyone can see it more clearly. ”
Cao Yun: "Bureau Li, you have so much emotion that makes me very worried that today's meal is very difficult to eat. ”
Li Long: "It's really not delicious. ”
Cao Yun smiled bitterly: "Don't be a lawyer with three feet, right?"
Li Long asked rhetorically: "Scared by Zhuge Ming?"
Cao Yun sighed: "This more than three feet is really murderous, but forget it, maybe you can paste a handful of mud." I don't think Yue Sanchi killed anyone, but he was framed. You know who is the person who dares to frame the more than three feet. If you don't push them into a hurry, they won't be so black. I haven't looked at the information, but I can be sure that it can be said to be basically seamless. ”
Cao Yun said: "What's worse is that the more three feet, the more the bureau is not willing to accept the situation of acquittal due to insufficient evidence." They only accept the end of acquittal. And this case involves a lot of people, a lot of people I don't know. Besides, the more than three feet is forcing people to this point. I'm nosy, and I can't kill me all along. ”
Li Long: "I heard a few of your concerns. One: Fear of death. Two: Fear of losing. Three: Fear of trouble. ”
Cao Yun applauded: "The summary is in place, add one, I'm afraid of disappointing everyone's expectations." ”
Li Long: "Do you think Yue Chuan asked me to be a lobbyist?"
Cao Yun: "Isn't it?"
Li Long: "I asked you out alone." To tell you the truth, Ouyang Yi has taken over the case and is now rushing back from Europe. But Ouyang Yi was worried that he couldn't bear it, so he contacted me and asked if he could persuade you to jointly defend together. I said it's difficult, I said that you are a person who seeks profit and avoids evil, and you will not participate in this kind of case. ”
Li Long: "Although Ouyang Yi is a famous criminal lawyer, he is not a person on the road, and he has no understanding of the relationship and personnel between hyenas, flames, etc. Truth be told, the best lawyer to take on this case is you. After deducting the four fears, will you take it?"
Cao Yun: "Yue Sanchi has no kindness to me, and theoretically I won't take it." However, she is a judicial officer I admire more, and she can be both accepted and not. The point is that I can't win even if I take it. Assuming that I can win, Li Ju, you come forward, and the more you pass, I have to give face to the two bureau chiefs. After all, Yue Sanqi was framed by the bad guys. Moreover, how can you be sure that Yue Sanchi is not a bad person?"
According to Ye Lan, Ye Lan is a flame person, and Yue Sanchi is a fair and strict investigator. But can Ye Lan's words be believed? Is it possible that Ye Lan is a person who walks the fork, and Yue Sanqi is a person who is a flame?
Hell knows.
Li Long said very well, this kind of muddy water Cao Yun doesn't like to touch. What's more, judging from the current situation, Yue Sanchi is basically hopeless.
Li Long's Hongmen banquet did not take Cao Yun, and Cao Yun finally rejected Li Long due to concerns in all aspects. Cao Yun was a little reluctant to go, and it was rare to apologize for grabbing the bill.
On the way back to the lawyer's office, Cao Yun felt a pity in his heart. God is jealous of talents, not only because the history books do not record the life and death of ordinary people, but also because of jealousy. It's not jealousy, it's fear. I think that the judge will give some face, so that he will not be sentenced to death, and the poor prodigy will spend his life in prison.
......
The law firm was dead silent, and Gao Shan was drinking juice alone at the bar. Seeing Cao Yun coming back, Gao Shan Xing beckoned, and Cao Yun sat down.
Gao Shan Xing glanced at the closed door of Lu Yihang's office: "Seven consecutive kneeling." ”
Cao Yun: "Lose again?"
Gao Shan Xing: "Since you asked him not to deliberately choose the case where the suspect refused to admit guilt, I haven't won a single one. Lapel in theft, kneel in robbery, kneel in robbery, kneel in robbery, kneel in robbery kneel in assault...... Yesterday afternoon, the suspect pleaded guilty, and Lu Yihang's defense followed a misdemeanor strategy, and as a result, he was put in the first gear for 20 years. ”
The door of Lu Yihang's office opened, and Lu Yihang walked out of the door with his hair messy, barely squeezing out a smile at Cao Yun. Cao Yun asked, "Why do you lose again?"
Lu Yihang came from his heart: "I can't beat the prosecutor at all." ”
Cao Yun: "It's normal to fight, and the prosecutor must have the power to crush the soldiers before he will file an accusation." If you want to win, you must go off the rails and attack it unprepared. For example, the crime of homicide has four factors: motive, murder weapon, time and place, and the prosecution will strike whichever one is missing. ”
Lu Yihang asked, "What about all of them?"
Cao Yundao: "All of them mean that objective rationality can't be beaten, and subjectivity is turned to play." For example, Lu Yihang, you robbed my girlfriend, and I killed you. Among them, it is divided into murder and passion kills you. Homicide is further divided into intentional injury causing death and intentional homicide. There are two people at the scene, one is already a dead person, and the other has the right to speak. ”
Lu Yihang sat on the sofa and asked: "For example, what about the case of Yue Sanchi? There is a corpse in the room, and the corpse died of Yue Sanchi's gun, and there is no trace of anyone else appearing in the villa." ”
Cao Yun: "Simple, Yue Sanchi made an appointment with the informant Jiang Hanyue, Jiang Hanyue didn't want to be restrained by Yue Sanchi, grabbed the gun, and was killed by Yue Sanchi." ”
Lu Yihang: "However, Yue Sanchi's performance after the incident does not conform to this assumption at all. ”
Cao Yundao: "This is the importance of the lawyer's intervention at the first time. ”
Wei Jun had just washed his hair and was basking in the sun in the backyard, when he heard the discussion, he walked in and asked, "Is Yue Sanqi not saved?"
Cao Yun asked, "Why do you care so much?"
Wei Jundao: "Not only we care, but the industry is paying attention. All groups, all judicial channels are discussing this case, and there are all kinds of speculations. ”
Gao Shan Xing: "What about Ye Lan?"
Cao Yun: "We broke up." ”
Everyone: "What?"
Cao Yun said casually: "I'm tired of playing, I'm getting rid of it." ”
Everyone was disdainful, and Cao Yun said: "I didn't say that I dumped her." "Tears run.
Wei Jun: "It's hard to judge. ”
Cao Yundao: "The same is true for the Yue Sanchi case, it is difficult for outsiders to judge, so they can only guess." Yihang, what's next?"
Lu Yihang had a headache: "My client is a very angry car owner who was stopped by a luxury car. He stopped the car, and the two sides had a verbal confrontation, and in a fit of rage, my client took a wrench from the trunk and smashed the luxury car. The insurance company's valuation loss of more than 500,000 yuan is a major loss, constituting a criminal offense, and the sentence is not more than three years. ”
Cao Yun asked, "What are you going to do?"
Lu Yihang: "Now I can only negotiate with the other car owner, give compensation, apologize, and hope that the car owner can intercede in court." Eventually, a probation sentence or community service is given. ”
Cao Yundao: "Do you know that there is such a rule, if the other party asks your client to smash his car, whether it is angry or true, your party smashing the car is an act of assistance and assistance." ”
Lu Yihang: "Nani?"
Cao Yun said: "Let me make an assumption, you see A slapping B's back hard in the restaurant, do you think ......"
Lu Yihang: "According to the actual situation, let's say A chokes and asks B to pat his back, and B's slapping behavior is legal." Suppose B attacks A, B's behavior is illegal. ”
Cao Yun: "Suppose A says B attacked him, and B says A asks for himself to pat him on the back. So who do you believe?"
Lu Yihang pondered for a moment: "Suppose there is evidence that A asked B to shoot him, then B is not guilty." Without evidence, B may be in trouble. ”
Cao Yun pointed to Gao Shan Xing: "Death 38, there is a kind of beating me." ”
Gao Shan Xing was overwhelmed, and Cao Yun, who was beating, hugged his head and begged for mercy: "Stop...... Stop...... Help me...... ......"
A minute later, Gao Shan Xing lonely picked up the juice and continued to drink. Cao Yun took a deep breath, smoothed out his messy hair, and asked, "Excuse me, did Gao Shan Xing's behavior of beating me break the law?"
Lu Yihang understood a little: "Although your original intention was not to ask Miss Gao to beat you, but your words meant to let Miss Gao beat you." Miss Gao is not obligated to understand your inner thoughts, nor is she obligated to consider your true feelings, she has assisted you and complied with your requests. Not only is she not breaking the law, but she is helping you. ”
Cao Yun smiled: "That's right, this is the sword going sideways." Suppose the owner of the car once said: You smash my car and try it. Bingo, that's what demands and requests. Your client is not obliged to understand whether the car owner's sentence is a rhetorical question or an interrogative sentence. He can directly understand the meaning of the car owner literally. Of course, usually the judge will adopt what the majority thinks is correct, but the law is not for the majority, and you can argue with reason, and it is not impossible to win. ”
There is a difference between a continental system and an oceanic system, and why the continental system has extremely high requirements for judges, and judges need to make a judgment. Marine lawyers have room to play. A word contradicts that the judges of the continental system have the right to decide, while the maritime system needs to be argued, and what most people think is right may not be right.
For example, the dispute between the fixed and the fixed is closer to the dispute over the maritime system. In the continental system, it is up to the judge to decide whether to set or order according to the circumstances at the time. Once a judge lacks supervision, his or her powers are unlimited.
(In particular, it is very serious and non-ridiculous to explain that the continental system is talking about the continental law represented by France, and it has nothing to do with Gao Yan.) All cases in this book are not applicable to Gao Yan. )
Cao Yun: "How can you argue on the basis of reason? Pull witnesses, you go to do an investigation of 1,000 people, and 30 of them think that the owner of the car asked you to smash the car, so you pull these 30 people to the court to testify, indicating that the judge thinks that the majority of people understand correctly, but not necessarily the correct understanding of the majority." It also indicates that judges are likely to be in the minority. ”
Cao Yun: "Assuming that the prosecution adjourns the trial, he also did a similar experiment, finding 1,000 people, and only 30 of them understand that the behavior of your client is the same. You can challenge him for falsifying his report and ask him to give testimony from 1,000 people, including a minority. and asked for an adjournment to verify the authenticity of a thousand testimonies. ”
Cao Yun: "As long as one of them forgets his position at the time, or the perfunctory investigation at that time makes it impossible to remember. Then you can countersue the prosecution for perjury. 999 testimonies are true and 1 is false, then the entire report is perjury. ”
Cao Yun: "What if a thousand people are true? Are there any interested people? Such as relatives, colleagues, friends, neighbors, and so on, assuming that there are, the testimony of this report is invalid." You have to question all the evidence presented by the prosecution in all aspects. Like a mad dog, he sees who bites whom. ”
Lu Yihang suddenly opened up, as if he saw a new world. This is the concept that Cao Yun is good at, as for whether it is a legal exchange or an illegal exchange, everyone has everyone's understanding. It can't be rigidly copied, and it needs to be applied flexibly.
For example, when he sees a beautiful girl, a man will take a few more looks. The handsome guy looks at it a few more times, and it is appreciation in the eyes of the girl. An ugly man looks at it a few more times, and it is blasphemy in the eyes of the girl. In fact, they are doing the same thing. Suppose a girl accuses an ugly man of blasphemy, if it is a handsome guy, is it considered obscene?
A lawyer who can do this is a good lawyer who will do whatever it takes. A lawyer who can only memorize the terms dares to go head-to-head with the prosecution, that is really a newborn calf who is not afraid of tigers.