Chapter 126: Refusal to Enforce the Crime (6)
The trial of Liao Wenchang's refusal to execute seemed to be deadlocked, but what happened next exceeded everyone's expectations.
"Witness Gu Shaokang, the collegial panel asks you a question, please answer truthfully." Qin Huaiyuan asked Gu Shaokang: "You just said that the IOUs of 10 million yuan and the loan contracts of 200,000 yuan involved in this case were forged, and the purpose was to help the defendant create the false impression that he was unable to perform, and the IOUs of 10 million yuan were handed over to you by the defender Luo Xiaochuan." Do you have proof of all this? ”
In fact, Qin Huaiyuan only tried to ask this question, after all, Liao Wenchang and Luo Xiaochuan are both smart people, and they should not leave any evidence against themselves, so Qin Huaiyuan didn't expect Gu Shaokang to come up with anything valuable.
However, Gu Shaokang replied in a very positive tone: "Yes! ”
This one-word answer surprised everyone.
Chen Molei couldn't help but look at the prosecution seat and the defense seat, only to see that Huo Bingxin and Lin Gang were also surprised, and the degree of surprise was no less than Luo Xiaochuan. From this point of view, this sudden change was not instructed by the two behind their backs.
Then, I saw Gu Shaokang slowly take out an envelope from his pocket, hold it with one hand, and say, "This is a CD, and the video in it can prove that my words are true." ”
Compact disc?! What disc? Chen Molei couldn't help but be stunned when he heard this, could it be that Gu Shaokang secretly recorded a portrait of Luo Xiaochuan?
Looking at Luo Xiaochuan again, I saw that his expression was complex and intriguing, shocked, panicked, and resentful...... This facial reaction suggests that he should have guessed what was in the disc.
I only heard Gu Shaokang continue: "I know that I have broken the law by helping Liao Wenchang falsify evidence, but I still hope that everything I am doing now can reduce some of my guilt for myself as much as possible."
In addition, I would like to take this opportunity to make a statement in advance. I helped Liao Wenchang hide the 10 million, I am willing to go to the bottom, if the 10 million can't be recovered in the end, I am willing to take out 10 million to compensate for the loss of the creditor company. I said this in court today, and I admit it at any time. ”
Of course, Qin Huaiyuan understood Gu Shaokang's intentions, but the most important thing now is the trial of Liao Wenchang's refusal to execute, which is to find out the facts of Liao Wenchang's refusal to execute. So, he continued to ask Gu Shaokang: "Please explain first, how did you get this video." ”
"It's an invasion of other people's privacy!" Before Gu Shaokang could speak, Luo Xiaochuan suddenly said loudly: "Gu Shaokang secretly recorded other people's conversations without their permission, this is an invasion of other people's privacy, it is an illegal act, this evidence is illegal evidence, and it should be excluded ......"
"The Defender." Qin Huaiyuan immediately stopped Luo Xiaochuan: "Now the collegial panel is asking the witnesses about the source of the video, and it has not yet begun to cross-examine the evidence. Please give your opinion when it is time to cross-examine the evidence. ”
Seeing that Luo Xiaochuan had stopped, he turned to Gu Shaokang again: "Please explain the source of this evidence." ”
Gu Shaokang is worthy of being a long-time businessman, even if Luo Xiaochuan is so-for-tat, he still calms down, and only listens to him: "The defender said just now that the video in the disc was secretly recorded. Here, it is necessary for me to explain that in fact, the video in the disc was copied from my home surveillance.
Because I usually have a lot of cash in my house, I have installed cameras both indoors and outdoors to prevent thieves. However, in order not to affect the aesthetics, the indoor cameras are invisible.
Footage from those hidden cameras can only be kept for a maximum of 20 days.
The first time the defender went to see me was on the 8th of this month, and the surveillance footage at that time had already been overwritten, so I couldn't provide it.
The second time the defender came to me was on the 25th of this month, that is, five days ago, and the retention period of the surveillance footage was not exceeded, so I was able to provide this video......"
Hearing this, Chen Molei suddenly realized. It turned out that Gu Shaokang also installed a camera in the villa, which he actually neglected. Last time, because of Liao Wenchang's sudden appearance in Shuangyang Flower City, when he went to Shuangyang Flower City to find Gu Shaokang to understand the situation, he noticed that Gu Shaokang installed a camera outdoors in his villa, but he didn't expect Gu Shaokang to install it indoors.
If he could have thought about this matter earlier, Liao Wenchang's refusal to execute the case would not have been so twists and turns.
At this time, Shangguan Yun suddenly tilted his head and whispered to Chen Molei: "If it is said to be an anti-thief, I think it is almost the same as an anti-female thief!" ”
Female thief? Hearing these two words, Chen Molei was stunned at first, but then he understood.
The female thief Shangguan Yun said was nothing more than Gu Shaokang's girlfriends who changed and changed. Although this is a joke, it is not unreasonable, after all, those little girls are passers-by, and it is hard to guarantee that there will be no one who will not have the idea of holding the sheep by hand.
However, he was a little puzzled, how did Guan Yun know about Gu Shaokang's Jinwu Zangjiao? Does she also like to inquire about this kind of lace news?
Hearing this, Chen Molei confirmed that the source of evidence provided by Gu Shaokang was legitimate, and a stone in his heart fell to the ground.
Then, he quietly slipped out of the courtroom and called Kong Shangwu, asking Kong Shangwu to come over immediately with two bailiffs.
In less than 3 minutes, Kong Shangwu hurried over. He thought that someone was making trouble in the court, so he asked him to bring two bailiffs over to maintain order in the court, but he didn't expect that the task assigned to them by Chen Molei was to control Luo Xiaochuan.
Kong Shangwu's second monk was puzzled: "Chen Ju, I heard me right, he is a lawyer and is here to represent the case, why should we control him?" ”
"I'll explain this to you later. Now I can only tell you that Luo Xiaochuan is very likely to be suspected of committing a crime. Chen Molei said to Kong Shangwu in a non-negotiable tone: "You just need to remember one thing. Guarding the door of the first courtroom, he must not be allowed to leave the courthouse, and if he insists on leaving, he will be forcibly detained. Do you understand? ”
Kong Shangwu nodded and said that he would promise to complete the task.
Kong Shangwu can't say how smart he is, but he has one of the biggest advantages - strong execution.
The reason why Chen Molei transferred him to his own executive team is precisely because he values him.
When Chen Molei returned to the courtroom, Gu Shaokang's statement had come to an end, and he saw that the clerk was bending over to operate the computer and putting the CD into the computer CD-ROM drive.
After a short while, the TV screen on the wall switched to a computer screen.
The clerk then reports to the collegial panel and the video is ready to be played.
"Wait a minute." At this time, Luo Xiaochuan suddenly shouted again: "Collegial panel, I want to ask the witness a question first, this issue is very important, involving the legitimacy of the evidence, please allow the collegial panel." ”
Qin Huaiyuan nodded lightly and said, "Yes." ”
Luo Xiaochuan turned his head to Gu Shaokang: "Witness, why didn't you hand over the disc to the court before, but took it out when you went to court, did someone instruct you to do it on purpose?" Please answer truthfully. ”
Everyone can hear that Luo Xiaochuan's words are obviously referring to something, and he is suspecting that the prosecutor is using witnesses to carry out disguised evidence raids.
Chen Molei couldn't help but worry: If this is the case, Luo Xiaochuan is likely to take this opportunity to ask for a postponement of the trial, and then take the opportunity to escape.
Of course, Qin Huaiyuan would not agree to postpone the trial, because he should be able to think of this.
But if Luo Xiaochuan wants to break the net, it will be troublesome. He can completely say that the Dongzhou Procuratorate deliberately engaged in evidence raids, saying that the Dongzhou Court connived at the procuratorate's evidence raids, and although there is no legal provision for evidence raids in the Criminal Procedure Law, and evidence cannot be excluded on this basis, the evidence raids do not conform to modern judicial concepts after all, and have always been criticized by legal people.
Therefore, if this matter spreads, no matter whether it is true or not, it will inevitably have a negative impact on the judicial image of Dongzhou, not to mention that it is still the top leaders of the two legal prosecutors sitting in the court today.
To be honest, he didn't suspect that Huo Bingxin and Lin Gang were engaged in evidence raids, but when he thought about it carefully, it didn't seem to be the case, because he could imagine the impact of this, and Huo Bingxin, as the chief prosecutor, should also be able to think about it, otherwise he would not be able to sit in the position of the chief prosecutor.
But the problem is here, the truth in this is unclear, and it is difficult to find out, which can easily cause all kinds of speculation and doubts from the outside world.
The reason why gossip hurts people is because even if there is no evidence, it will be regarded as the truth and passed on as the truth. The news of the legal inspection system has always been a topic of news, this kind of thing has happened more than once or twice, who knows if the two legal inspection companies in Dongzhou will be pushed to the forefront of public opinion together this time?
The more Chen Molei thought about it, the more worried he became.
"Okay, then I'll answer you truthfully." I saw Gu Shaokang turn sideways slightly, and turned his head to Luo Xiaochuan: "No one taught me to do this." Whether I have a hidden camera in my house and where it is installed is a secret to me. So, I couldn't have told anyone, and of course no one told me to do it. ”
"You're lying!" Luo Xiaochuan stood up suddenly, pointed at Gu Shaokang angrily and said, "It was the people from the procuratorate who instructed you to do this, right?" ”
Gu Shaokang said calmly: "I have already said it just now, no one instructed me. When will I take out the video from my own home, do I need to report it to you in advance? ”
"You ......" Luo Xiaochuan opened his mouth, but he had nothing to say.
The sudden change in the court completely exceeded Chen Molei's expectations, and it really surprised him: he did give Huo Bingxin and Lin Gang a trick at the beginning, and asked the two to persuade Gu Shaokang to provide testimony in a way guided by interests, but he only thought of this, and the rest of the matter was completely different from what he expected.
To be honest, Gu Shaokang's ability to testify in court has exceeded his expectations.
Many people know that Gu Shaokang has never set foot in the court, it is said that it is because he is afraid of attracting bad luck and ruining his fortune, so Gu Shaokang's case has always been entrusted to a lawyer with full authority.
According to Chen Molei's expectations, it would be good for Gu Shaokang to provide written testimony this time, but Gu Shaokang not only testified in court today, but also provided an extremely crucial video, which was really an unexpected surprise.
However, what Gu Shaokang did today made Chen Molei further see his character: the largest money lender in Dongzhou always takes his own interests as the core, and for his own interests, he can tear up the alliance unceremoniously at any cost, and even turn the spearhead at the allies.
"The Defender." I only heard Qin Huaiyuan say to Luo Xiaochuan: "If you don't have any other questions, let's start playing the video below." ”
Luo Xiaochuan's face was like ashes, and he slowly sat back in his chair.
Qin Huaiyuan motioned for the clerk to start playing the video.
The clerk clicked the mouse twice, and the video began to play on the big screen:
In the living room of Gu Shaokang's villa, Gu Shaokang was lying on the sofa with his head up, as if thinking about something. About 10 minutes later, the doorbell rang, Gu Shaokang got up and glanced at the display screen of the video doorbell, then pushed the door open, and said to the person standing outside the door: Why are you here?
The man standing outside the door said, "How?" Doesn't Kang Ye welcome me here?
Gu Shaokang let go of the door, and a figure walked into the living room, it was Luo Xiaochuan who was sitting on the defense bench today.
Seeing this scene, there was a sudden small commotion in the auditorium, but Chen Molei, on the other hand, was very calm.
From Luo Xiaochuan's fierce reaction just now, Chen Molei had already deduced that Luo Xiaochuan was very likely to be suspected of falsifying evidence, and based on this, he inferred that the reason why Luo Xiaochuan was unreasonable just now was probably for another purpose, he wanted to be forcibly taken out of the court, and then he could escape.
And the reason why Chen Molei arranged for Kong Shangwu to lead the bailiffs to guard the door of the court was to prevent Luo Xiaochuan from coming.
But now it seems that he seems to be a little worried, because Qin Huaiyuan must have thought of it with him. Therefore, the dean was only reminding Luo Xiaochuan to pay attention to court discipline from beginning to end, rather than simply asking the bailiff to take him out of the courtroom.
The commotion in the auditorium lasted only a few seconds. Everyone didn't want to miss the next broadcast, so they didn't need to be reminded by the collegial panel, and they quickly stopped by themselves.
Luo Xiaochuan looked at the teacups on the coffee table that had not been cleaned up, and said: Did someone from the procuratorate come here, what are they looking for you?
Gu Shaokang said: What else can there be? It's nothing more than asking about the 10 million yuan IOU.
Luo Xiaochuan turned his head and asked: Then what did you say?
Gu Shaokang said: How else can you say it? Of course, according to what we agreed in advance.
Luo Xiaochuan sat on the sofa and said, "Really? You're not going to tell them the truth, are you?
Gu Shaokang sat down and said: Of course not, then what's the benefit to me?
Luo Xiaochuan nodded lightly and said, "That's right, now we are grasshoppers on a rope, and it is indeed not beneficial for anyone to do this."
Gu Shaokang said: As soon as the people from the procuratorate left on the front foot, you followed on the back foot, which should also be for the IOU.
Luo Xiaochuan said: That's right.
Gu Shaokang stretched out his hand and said: Don't say it yet, let me guess. If I'm not mistaken, you're here to send me the appraisal report, right?
Luo Xiaochuan nodded and said: Kang Ye is really smart, and he can guess it.
Gu Shaokang said: What about the appraisal report? Show it to me.
Luo Xiaochuan took out a document from his bag and handed it to Gu Shaokang.
Gu Shaokang looked at it and asked: Why is there no number or seal on this appraisal report?
Luo Xiaochuan said: I did the appraisal in private, where will there be a formal appraisal report?
Looking at the whole country, there are only a few institutions that can identify the time of handwriting formation. Do you think, if I do the appraisal in the name of the right, and the Dongzhou court happens to entrust the appraisal agency I found to do the appraisal, how much risk will it be?
You must know that all official appraisal reports, the appraisal agency is to be numbered and archived, if an appraisal agency has two different numbered reports on the formation time of the same handwriting, it is easy to attract attention and suspicion, if the court knows that I went to the appraisal in advance, it is equivalent to not admitting myself. I can't even tell if the IOU I wrote is true or false, and I have to go to what kind of appraisal I have to do, isn't this clearly telling them that there is a problem with the IOU?
Such a simple truth, I think, Kang Ye should be able to understand it at one point.
Gu Shaokang nodded and said: So that's the case. But I'm still a little worried, I haven't been involved in the appraisal from beginning to end, how can I be sure that you are not lying to me.
Luo Xiaochuan said: This Kang Ye can rest assured. I am a lawyer, and if the IOU is found to be forged, then I will constitute a crime, and I will not be able to serve the lawyer's bowl. Do you think I'm going to joke with you about my job?
Gu Shaokang said: That's what I said, if you say that, I'm relieved.
Lawyer Luo, don't blame me for being troublesome, I'm also careful to sail the ship of ten thousand years. You and I are not related, you said that Liao Wenchang's IOU was written in advance, and there will be no problem, but after all, this is just your side of the story, just say it with red lips and white teeth, I will never dare to help with this favor.
After all, this is an IOU of 10 million, such a large amount, the people from the procuratorate will definitely come up with an appraisal, in case the IOU is identified as fake, not to mention Liao Wenchang's crime by one degree, I will also be affected, and the crime will definitely not be light.
Therefore, if I can't see the appraisal report, even if you talk nonsense, I can only help it. Only after seeing this appraisal report can I be confident in my heart and dare to cooperate with you.
Please understand this.
Luo Xiaochuan smiled and said: Of course I understand. Now, since Kang Ye is down-to-earth, then I can rest assured. I wish us a happy cooperation.
Saying that, Luo Xiaochuan stood up: Kangye, I still have something to do, so I won't bother.
Gu Shaokang then stood up: Don't sit for a while?
Luo Xiaochuan said: No! I also have to go to the detention center and confess to Liao Wenchang, so that he can rest assured that he will not show his cowardice in court and say the wrong thing.
Gu Shaokang said: It seems that I really underestimate you, you are not very old, but you are not small, in the detention center, you dare to do this.
Luo Xiaochuan said: It's not about how bold you are. The law provides that lawyers have the right to meet with criminal suspects in private and not to be monitored and monitored. It's the law that has created a condition for me, and I'm just taking advantage of it.
Gu Shaokang said: It's really terrifying. Okay, then I won't leave you behind, go slowly.
Luo Xiaochuan said: Kang Ye doesn't have to send it, goodbye.
Gu Shaokang said: Goodbye.
The video is played. The courtroom was silent, eerily quiet.
Supposedly, this video can definitely be regarded as a bombshell, but this time the auditorium was quiet, probably because they had not recovered from their shock.
"Gu Shaokang, you despicable villain." The initial scolding woke everyone up.
I saw Luo Xiaochuan pointing at Gu Shaokang and scolded viciously: "It turns out that you have long wanted to betray us, you have been using words to induce me when you were recording, you liar, profiteer, bastard......"
Luo Xiaochuan scolded regardless of his image, but Liao Wenchang lowered his head and said nothing, no one could see his expression, and no one knew what he was thinking.
"Defender!" Qin Huaiyuan shouted at Luo Xiaochuan: "Please pay attention, this is a solemn court, please pay attention to civilized language, don't make verbal attacks!" ”
Luo Xiaochuan was suddenly stunned, and sat down on the chair all of a sudden, he slowly leaned his head on the back of the chair, and closed his eyes in despair: he lost this battle, completely lost, and now, not only is he powerless to return to the sky, but he also put himself in. He knew that after encountering this Waterloo, his future career as a lawyer would definitely come to an end.
In that case, why not draw this full stop perfectly and let yourself have fewer regrets.
He sighed deeply, opened his eyes, and said, "That's it, I admit it." ”
He turned to the collegial panel and said in an almost pleading tone: "Dear collegial panel, I know that I have made an unforgivable mistake, but according to the law, no one can be found guilty without trial, that is, I am not a criminal now."
Therefore, I would like to implore the collegial panel to give me this opportunity, to give me this last opportunity to sit on the defense bench, so that I can finish representing this case, and I am afraid that it will be the last case in my career as a lawyer, so that I can leave the path of lawyer without regrets. Thank you! ”
With that, he stood up and bowed deeply to the collegial chamber.
It was the first time Qin Huaiyuan had encountered this situation, and he couldn't make up his mind for a while, so he discussed it with the other two collegial panel members, Xu Tiancheng and Dai Jie, and finally agreed to Luo Xiaochuan's request.
He told Luo Xiaochuan: "According to the law, lawyers who have not had their practice certificates revoked or are prohibited from representing cases within a certain period of time are still qualified to represent them, so your request is reasonable."
However, in view of the special circumstances of yours, in order to fully protect the defendant's right to a defense, the collegial panel believes that it is necessary to solicit the defendant's opinion and see whether the defendant agrees to continue to serve as his defender. ”
Luo Xiaochuan nodded silently.
"Defendant." Qin Huaiyuan turned his gaze to Liao Wenchang and said, "I believe you heard what your defender Luo Xiaochuan said just now. Now, please make your personal opinion clear whether you would like to continue to have Luo Xiaochuan as your defense lawyer. ”
Liao Wenchang still lowered his head and remained silent, as if he had not woken up from the defeat.
Seeing that Liao Wenchang did not answer, Qin Huaiyuan deliberately raised his voice and said, "Defendant Liao Wenchang, please express your opinion clearly. ”
After a while, Liao Wenchang finally spoke: "I agree, I believe in his ability. ”
The voice was low, but it was clear enough. At the same time, this also shows that he trusts Luo Xiaochuan's ability.
Qin Huaiyuan announced the continuation of the court investigation.
Although Kong Shangwu was standing outside the courtroom, through the door, he vaguely heard the video content played in the courtroom, and finally understood why Chen Molei asked him to guard the door with two bailiffs.
Regarding the video evidence provided by Gu Shaokang, Luo Xiaochuan expressed his approval.
Next, Huo Bingxin continued to present evidence, he held up a few written materials, and said: "We still have four pieces of evidence here. The first was a shop lease contract signed between the defendant Liao Wenchang and a homeowner in Qijiang City, in which Liao Wenchang signed a contract with the homeowner under the pseudonym Wang Wenchang.
The second is a transcript made by the executive police to the landlord after Liao Wenchang left the rented shop, and the landlord's record mentions that Liao Wenchang can pay 20,000 yuan in shop rent on time every month.
The third piece of evidence is the identification record made by the public security organ of the homeowner. The landlord identified Wang Wenchang, who leased his shop, as the defendant in this case, Liao Wenchang.
The fourth is a video from a law enforcement recorder, which records that when the enforcement police found Liao Wenchang in Qijiang, Liao Wenchang used violent threats to drive the enforcement officers away.
The above evidence can fully prove the fact that Liao Wenchang evaded execution and violently resisted execution.
Next, the public prosecutor Lin Gang is responsible for reading out the contents of these evidences. ”
After speaking, he handed over the evidence materials to Lin Gang.
In fact, all this evidence was prepared, but before it could be presented at the last court session, it was "cut off" by an IOU that suddenly appeared. So, until now, this evidence has been able to be presented in court.
After Lin Gang read out the shop lease contract and other written evidence, he asked to play the law enforcement video in court.
The Full Court agreed, ordering the bailiff to hand over the video disc to the clerk.
"Please wait a minute." Just as the clerk was about to play the video, Luo Xiaochuan suddenly raised his hand and said: "Collegiate panel, we have no objection to the authenticity of the prosecutor's four pieces of evidence. So I don't think there's a need to play the law enforcement video. ”
Luo Xiaochuan's request made Qin Huaiyuan really a little surprised.
He briefly discussed with Xu Tiancheng and Dai Jie, and then said: "Although the defender has no objection to the above four pieces of evidence, the law enforcement video can truly restore the situation at the scene of the execution, which will help to further clarify the facts of this case, especially the degree of resistance to enforcement, which will directly affect the sentencing of this case." Therefore, the collegial panel held that it was necessary for the law enforcement video to be played in court. ”
For Liao Wenchang, playing the law enforcement video in court is never a good thing: such a real and strong visual impact will more or less affect the collegial panel's sentencing of Liao Wenchang, and the reason why Luo Xiaochuan opposes the play of law enforcement video in court is to help Liao Wenchang minimize this negative impact as much as possible.
But unfortunately, Luo Xiaochuan couldn't find a suitable reason to stop it.
Under the operation of the clerk, the law enforcement video began to play on the big screen. Because the law enforcement recorder is worn on the chest of the executive police, and the executive police are constantly moving, the picture is a little shaky, and it is not very clear. However, this makes the picture more live.
The people in the auditorium were all staring intently at the big screen, and when the picture of Liao Wenchang wielding a kitchen knife appeared, several representatives of the creditor company couldn't help but let out a burst of consternation, and some even said that it was simply lawless.
At this time, Chen Molei subconsciously glanced in the direction of Luo Xiaochuan, only to see him staring at the display screen, his face solemn, as if the next second would be the end of the world.
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