After many twists and turns, the trial of Liao Wenchang's refusal to execute finally ended the court investigation and came to the court debate.

Lin Gang is one of the top 10 public prosecutors in Bohai City, and court debate has always been his forte. According to the division of labor between the prosecutors, Huo Bingxin was the main part of the court investigation stage, and Lin Gang was the main part of the court debate.

The courtroom debate revolved around two focal points: first, whether the defendant Liao Wenchang constituted the crime of refusing to execute the judgment, and second, if this crime was constituted, how should he be sentenced.

As to the first focal point, the public prosecutor's opinion is very clear: Liao Wenchang's conduct fully meets the constitutive elements of the crime of refusing to enforce a judgment, and should be punished in accordance with the crime of refusing to enforce a judgment.

When it was Liao Wenchang's turn to express his opinion on the debate, he didn't say anything, but glanced in Luo Xiaochuan's direction. Originally, he was expecting Luo Xiaochuan to give him some hints, but Luo Xiaochuan only glanced at him, and then looked away.

Seeing that Liao Wenchang didn't speak, Qin Huaiyuan asked him loudly: "Defendant Liao Wenchang, please answer clearly, do you have any objections to the fact that the public prosecutor's control of you constitutes the crime of refusing to execute the judgment, or do you have any different opinions?" ”

In the case of the sudden change in the situation, Luo Xiaochuan did not give him any hints, and Liao Wenchang decided to defend himself according to the originally agreed plan. Still with his head bowed, he said, "I have an objection." At the first hearing, I said that I was not defaulting on the court's decision, but that there were other debts that had not been paid. Therefore, I do not believe that my actions constitute the crime of refusal to carry out the sentence. ”

"Defendant Liao Wenchang!" Lin Gang knocked on the table and said loudly: "I remind you that you not only have the responsibility to make a truthful statement in court, but also bear the corresponding burden of proof, whether you make a false statement or provide false evidence, you will bear legal responsibility!" Now, please tell us the truth, what kind of debt do you mean by other debts, and is there any evidence to prove it? ”

Liao Wenchang was still hard-mouthed, he glanced at Lin Gang, and said: "Aren't you prosecutors, aren't you investigating the case, don't ask me if you have the ability, you can investigate it yourself." ”

"Defendant, please correct your attitude......" Lin just wanted to educate Liao Wenchang, Luo Xiaochuan interjected and asked him to say a few words to Liao Wenchang first.

Lin Gang thought that in front of everyone's eyes, Liang Luo Xiaochuan couldn't play any tricks, so he agreed.

I only heard Luo Xiaochuan say to Liao Wenchang: "Defendant, as your defender, it is necessary for me to remind you that if you have no evidence, it is empty words, and it is difficult for the court to believe you. So, you'd better think about the consequences before answering. ”

Luo Xiaochuan's words not only surprised Lin Gang, but also surprised Chen Molei: What's going on? How did Luo Xiaochuan help the prosecutor? Could it really be that his conscience has found out?

looked at Liao Wenchang again, and bowed his head again and was silent.

Luo Xiaochuan sighed, and his tone became melancholy: "Every lawyer hopes that the lawsuit he represents can be won, especially for cases that have a significant impact in a certain region.

I'm not very old, but I've been there. To be honest, I really hope to help you win this case, and if you are found not guilty, then your case will be a new gold medal for me, and I will not give up this opportunity easily.

But now it seems that I may not have this opportunity.

Of course, just because I say that doesn't mean I won't do my best to defend you. But you have to understand that if you can't produce sufficient evidence, no matter how clever and capable a lawyer is, it will not change the outcome of the court's conviction of you.

I would also like to remind you that your attitude of denying guilt and pleading guilty in court will directly affect your sentencing.

So, I hope you still think it through before you give your opinion.

This is not my warning to you, but a piece of advice to you. The purpose of these words is not to make you have to confess your guilt, but to help you get a good attitude and help you reduce your punishment to the greatest extent.

I think that's probably the last benefit I can fight for you. Since you hired me to be your defender, and since you are still willing to continue to let me be your defender, then please believe me, I will not harm you. ”

After speaking, he added: "Defendant, now I hope you can see the situation clearly and come to your senses. On the issue of whether the crime of refusal to execute is constituted, there is no longer much point in arguing, and the subsequent sentencing is the most crucial. Please trust me, I will do my best to help you. ”

Luo Xiaochuan's last sentence sounded fine, but Chen Molei always felt that something was wrong, but he couldn't think of anything wrong.

"Defendant Liao Wenchang, let me remind you that it's better to tell the truth." After Luo Xiaochuan finished speaking, Lin Gang continued: "A loan of 10 million yuan, such a large amount, for the sake of transaction security, there must be an IOU, and generally if you don't see an IOU, you won't lend."

If you really borrowed 10 million yuan from Gu Shaokang in April 2015, it stands to reason that you should issue an IOU to Gu Shaokang and hand it over to Gu Shaokang on the spot.

However, in the video provided by the witness Gu Shaokang, your defender only helped you hand over the IOU to Gu Shaokang in August this year, that is, more than 2 years after the loan occurred and 4 months after the loan period was exceeded.

How do you explain such illogical and unconscionable things? Could it be that you borrowed 10 million yuan from Gu Shaokang without an IOU, or that you had already made an IOU to Gu Shaokang when you borrowed money, and your defense lawyer mistakenly thought that you were lying, and in order to help you get rid of the crime, he took it upon himself to help you forge an IOU? ”

Liao Wenchang hesitated for a while, and finally pleaded guilty, he lowered his head and said: "I plead guilty, I am sorry for the 9 creditor companies, I don't ask for their forgiveness, but I promise that I will do my best to pay off their debts in the future." ”

Even though Liao Wenchang pleaded guilty, Lin Gang still chased after him and asked Liao Wenchang to give a clear answer to whether he had other debts. Liao Wenchang said that they were just small debts of 18,000 yuan, and they were not worth mentioning.

Hearing this, Chen Molei couldn't help but sigh secretly in his heart: It's really a skinny camel bigger than a horse! The debt of 18000 is actually only a small debt for Liao Wenchang, and in my case, 1800 is already a large debt.

Of course, it is debatable whether Liao Wenchang's words are true or false, but Chen Molei is more inclined to think that it is false, because the Dongzhou court has not received any other cases against Liao Wenchang so far.

Next, the courtroom debate entered the main event, and the prosecution and defense had a heated debate around Liao Wenchang's sentencing.

First of all, the public prosecutor Lin Gang expressed his opinion, he said: "Collegiate panel, through the court investigation just now, we can draw such a fact.

Defendant Liao Wenchang used Gu Shaokang's name to apply for a debit card, concealed personal assets amounting to 10 million yuan, and used violent threats to prevent the enforcement officers from entering the enforcement scene when the enforcement officers enforced them, and the amount of his crime was particularly huge, and the circumstances of resisting enforcement were particularly heinous.

At the same time, in view of the defendant's poor attitude in admitting guilt after being brought into the case, and his attitude of remorse during the trial, we recommend that he be sentenced within the range of fixed-term imprisonment of not less than three years but not more than seven years, and that no consideration be given to mitigating or commuting the sentence. ”

Then Liao Wenchang gave his opinion, he raised his head slightly and said, "I want to continue to let my defender speak for me." ”

Qin Huaiyuan turned his gaze to Luo Xiaochuan: "Defender, do you have any defense opinions?" ”

Luo Xiaochuan carefully straightened his clothes, as if he was saying his final goodbye to his identity as a lawyer: "Respected collegial panel, entrusted by the parties, I would like to express the following defense opinions based on the facts of this case.

First of all, the amount of Liao Wenchang's crime should not be determined to be 10 million yuan, but 3.1 million yuan.

Judicial adjudication emphasizes evidence, facts, and investigation and research.

We do not deny that my client Liao Wenchang violated the criminal law and constituted the crime of refusing to execute the judgment, but there is one thing I need to remind the collegial panel and the prosecutor that, judging from the available evidence, Liao Wenchang did forge an IOU of 10 million yuan.

However, whether Liao Wenchang used Gu Shaokang's name to apply for a debit card, and whether he used the debit card to conceal 10 million yuan, are only Gu Shaokang's words, and there is no other evidence to confirm it. Therefore, the facts are unclear and cannot be used as the basic facts of the crime for sentencing.

We believe that as far as the current evidence is concerned, it can only be determined that Liao Wenchang concealed 3.1 million yuan, that is, the money obtained from the transfer of the duplex house, not the 10 million yuan alleged by the prosecutor.

Of course, we do not deny that the inferences made by the prosecutor at the stage of the court investigation are reasonable.

However, this does not rule out that there is another possibility in the case, that is, my client did want to use Gu Shaokang's debit card to hide 10 million yuan of personal property, but that was a general plan for him to hide his property for a long time, and it has not been fully implemented so far, he only used the debit card to hide 3.1 million yuan, and he originally wanted to continue to implement this plan, but he did not expect to be arrested by the public security organs halfway.

In this case, his plan was forced to die halfway.

I need to make a special point here, I dare not fully conclude that my inference is completely correct, nor do I dare to say that my client is a good person, but judging from the available evidence, the prosecutor's inference can only be inference.

Therefore, we believe that in the case of unclear evidence, a factual determination in favor of the defendant should be made in accordance with the principle of protecting the rights of the defendant. It's like the legal proverb says, the criminal code is not only the Magna Carta of the good man, but also the Magna Carta of the criminal.

Secondly, my client has pleaded guilty in court and said that he will repay the debts of the creditor company as much as possible in the future, which shows that my client has an attitude of admitting guilt and repentance. It is hoped that this will be taken into account by the collegial panel in sentencing. Thank you. ”

Qin Huaiyuan asked the prosecutor: "Does the prosecutor have any arguments?" ”

Lin Gang stopped the pen in his hand and said, "Yes." The defender's opinion just now sounds reasonable, but I would like to remind the defender of one fact.

The witness Gu Shaokang is a businessman, if he didn't help Liao Wenchang hide 10 million yuan, if he is the actual user of this debit card, then why did he make a promise to cover the 10 million yuan debt, isn't this a loss-making business? Isn't it unconscionable for him to do so? ”

"No, it makes sense for him to do that." Luo Xiaochuan explained: "Gu Shaokang helped my client hide his property, no matter whether the amount of concealed property is 10 million yuan or 3.1 million yuan, he is already suspected of committing a crime.

And the reason why he did this was to obtain the understanding of the creditor company so that he could get a suspended sentence as much as possible, because even though he actually only helped my client hide 3.1 million yuan, the amount recorded on the IOU was 10 million yuan, which had to make the creditor company have reasonable associations and suspicions, thinking that the amount he actually helped Liao Wenchang hide his property was 10 million yuan.

In this case, if he does not make a commitment of 10 million yuan, it may be difficult for him to obtain the forgiveness of the creditor company and the opportunity to obtain a suspended sentence.

Therefore, he can only choose to break his wealth and avoid disasters and exchange money for freedom. After all, he still has his business to do, and if he is sentenced to prison, then he loses his freedom and cannot continue his business.

In this way, the practice of breaking the fortune and avoiding disasters is actually the most cost-effective for him, and Gu Shaokang also has this economic strength.

Considering the above, it makes sense for him to do so.

Of course, when I say this, it does not mean that Liao Wenchang actually only helped Gu Shaokang hide 3.1 million yuan, but judging from the current evidence, I can only draw such a factual conclusion. ”

Lin Gang chuckled lightly and said-for-tat: "According to the defender, the case should be like this.

The defendant sold the duplex house in Qijiang City at a price of 3.1 million yuan, and the money was hidden in Gu Shaokang's bank account, and when the defendant took the house money from Gu Shaokang, he took 3 million yuan, so Gu Shaokang only earned 100,000 yuan from it.

Let's ask if this benefit fee is too little for Gu Shaokang?

Since the defender knows Gu Shaokang so well, he must also know that 100,000 yuan is just a drop in the bucket for Gu Shaokang, how could he be willing to take such a big legal risk for this 100,000 yuan? This obviously doesn't make sense.

Therefore, we believe that the defender's explanation is too far-fetched and cannot be considered a reasonable explanation. ”

"My explanation is that it seems far-fetched, but it's actually not far-fetched." Luo Xiaochuan explained: "It is undeniable that Gu Shaokang could not hide the property for the defendant for no reason, and he naturally wanted to receive certain benefits from it.

So, let's analyze whether the 100,000 yuan benefit fee is worth it for him.

On the surface, the 100,000 yuan is indeed insignificant to Gu Shaokang, but it does not mean that he has to give up the 100,000 yuan.

We all know that Gu Shaokang has been engaged in private lending for a long time, and this kind of industry has high returns, but the risks are also very high, and it is possible that the money released will not be recovered. In order to minimize the loss as much as possible, he can only choose to find a balance between the debtor who has the ability to repay, that is, when claiming interest, he will not give in if he can not make concessions.

I did my research on this before the trial. In the judgment documents published on the website of the Dongzhou Court, I consulted 10 judgments and 3 mediation documents involving Gu Shaokang, and in these documents, Gu Shaokang did not make any concessions on the issue of claiming interest, even if it was hundreds or thousands of interest.

Just imagine, even this little bit of Xiaoli Gu Shaokang is in his eyes, let alone the benefit fee of 100,000 yuan? If he could, of course he could earn it. ”

He paused for a moment and continued: "The prosecutor mentioned the legal risk just now, so let me talk about the legal risk.

It is undeniable that there are legal risks associated with helping others conceal their assets, but there are also big and small risks.

Before agreeing to help the defendant conceal his property, Gu Shaokang would naturally assess the risks, and the reason why he dared to help the defendant conceal his assets was because the legal risks were very small.

First of all, the act of concealing property is necessarily hidden, and in general, it is quite difficult to find out.

Secondly, Gu Shaokang has his own convenience. As the largest money lender in Dongzhou, he must have a lot of capital flow that needs to be completed through bank transactions, and the executive police are suspicious of Gu Shaokang, and Gu Shaokang can also give a reasonable explanation. Gu Shaokang also admitted this during the court investigation stage.

Finally, and most importantly, it is very difficult to hold a person criminally responsible, and the standard of proof in criminal proceedings is the highest among the three major lawsuits, and no one can be convicted and sentenced without credible and sufficient evidence.

The prosecutor can imagine that if Gu Shaokang did not admit to helping the defendant conceal his property and did not provide video recordings, would he be able to meet the standard of pursuing the defendant's criminal responsibility based on the original evidence alone?

I don't think that's up to the mark.

Based on the above three points, it can be concluded that even if Gu Shaokang helped Liao Wenchang hide his property, it would be difficult to be found out, let alone pursue legal responsibility.

Under the temptation that the legal risk is so small and he can make a net profit of 100,000 yuan, it is entirely possible for Gu Shaokang to agree to the defendant's request and help him hide his property.

I think it would make sense. ”

After listening to Luo Xiaochuan's analysis, Lin Gang also realized this problem. After soliciting Huo Bingxin's opinion in a low voice, he also agreed to temporarily determine the amount of Liao Wenchang's hidden property as 3.1 million yuan, and with reference to the effective judicial case, the sentencing recommendation was changed to a fixed-term imprisonment of less than three years.

The next thing to debate is how to characterize Liao Wenchang's knife swing at the enforcement officers in his store in Qijiang City.

On this issue, there was a great deal of controversy between the two sides. The prosecutor argued that the defendant's actions amounted to violent resistance to execution, while the defender argued that the defendant was merely intimidating the enforcement officers.

Lin Gang was quite critical of Luo Xiaochuan's statement, saying: "The defender's statement is completely far-fetched. In the store that day, the defendant not only spoke ill of the enforcement officer, but also waved a kitchen knife, which was by no means a scare, this was a naked and violent resistance to execution! ”

"No, I'm not far-fetched, I have a basis for saying so." Luo Xiaochuan said calmly: "The prosecutor believes that the defendant's behavior is a threat of violence, which is naturally justified.

Yes, it can be inferred from the defendant's behavior of waving a knife at the enforcement officer that his behavior did look like a threat of violence.

The prosecutor arrived at this inference using the line of thought that the purpose should be explained by conduct.

But if we look at the problem from a different perspective and explain the behavior in terms of purpose, we can also draw another conclusion. ”

After speaking, he turned his gaze to Liao Wenchang: "Defendant, where did you put the 3 million yuan in cash you withdrew from Gu Shaokang at that time?" ”

"In the trunk of a Chevrolet." Liao Wenchang replied: "After I got the cash from Gu Shaokang, I went to the store in Qijiang City. At that time, before I could transfer the money elsewhere, someone from the Executive Board came to my door. ”

"Then when you used a kitchen knife, did you think about hacking or slashing those enforcement officers who came to the door?" Luo Xiaochuan continued to ask.

Liao Wenchang shook his head and said, "No." I just wanted to get them away and not let them find out about the $3 million in cash. ”

Luo Xiaochuan nodded with satisfaction: "Okay, let's continue my analysis."

When the defendant returned to the store in Qijiang City, the 3 million yuan in cash was still in the trunk of the car, and before it could be transferred, the enforcement police arrived.

There is no doubt that what the defendant was thinking about at that time must have been how to keep the 3 million yuan in cash, and the first way he could think of to keep that cash was to drive the enforcement officers away.

Of course, the defendant would not be stupid enough to drive away the enforcement police, because doing so would be counterproductive and increase the suspicion of the enforcement police about the defendant, not to mention that the enforcement police still followed the defendant all the way to Qijiang, and if he was suspicious, he would naturally not let go of the Chevrolet sedan he was driving at the time.

Therefore, if the defendant wants to drive away the enforcement police, he needs to find a suitable time, and this time is when the enforcement police want to seize the security door in the store.

As I mentioned earlier, the defendant's purpose in driving away the enforcement officers was to keep the 3 million yuan in cash in the trunk. From this purpose, we can conclude that the defendant's use of the kitchen knife at that time was actually just to scare away the enforcement officers.

In addition, it can also be seen from the law enforcement video played during the court investigation stage that the defendant only drove the enforcement officers out of the store at that time, did not continue to chase them out, and did not harm the enforcement officers. Moreover, when an enforcement officer returned to the store to retrieve the file that had been dropped, the defendant did not come out to chase it out, but returned the file to the enforcement officer.

From these details, it can be seen that the defendant has always exercised restraint throughout the process, and has not and did not intend to harm the enforcement officers.

Therefore, to sum up, I believe that the defendant's use of kitchen knives was only to scare the enforcement officers.

The collegial panel is requested to consider the above opinions. ”

Luo Xiaochuan's defense made Chen Molei surprised again, but this also made him completely see Luo Xiaochuan's tactics, that is, if there is evidence, he will play the evidence card, and if there is no evidence, he will try to muddy the water, and the more muddy the water is, the more unclear the facts will be, and the more beneficial it will be to him.

Luo Xiaochuan spared no effort to defend Liao Wenchang, it seems that he regarded this litigation representation as his last sound.

In all fairness, this is the first time Lin Gang has met such a eloquent defender. However, his title of "Excellent Prosecutor in Bohai City" was not for nothing, and before Luo Xiaochuan finished expressing his defense opinions, he had already thought of how to deal with it.

"The defender's opinion just now can be called a long speech." Lin Gang couldn't help but sigh with emotion, and then asked Luo Xiaochuan: "May I ask the defender, how should you understand the word scare?" ”

Luo Xiaochuan couldn't think of a suitable explanation for a while, so he said: "It's nothing, it's what we call scaring in our daily life." ”

"And how should we understand the scare we call in our daily life?" Lin Gang asked again.

Luo Xiaochuan was stunned for a moment, not knowing how to answer.

Lin Gang glanced at Luo Xiaochuan and continued: "The word scare is not a concept in the legal sense, its meaning is not very clear, and it can be understood in many ways. So, what does it mean to be scared as we understand it in our daily lives?

Taken literally, the word should generally be understood as generally frightening or bluffing, and does not escalate to the level of the use of force or violence.

If it were to be interpreted in legal language, it would only be interpreted as a slight threat. As for what is a slight threat, ordinary people have a basic judgment.

The law enforcement video shows that when the defendant drove away the enforcement police, his face was fierce and his language was extremely threatening, and the kitchen knife in his hand was only about 10 centimeters away from the enforcement police at the shortest time.

We all know that the blade of a kitchen knife is very sharp, and the act of wielding a kitchen knife itself is also very dangerous, even if you have no intention of hurting people, it is difficult to guarantee that you will not hurt others.

I think that in that kind of situation at that time, not to mention the enforcement police, any ordinary person would feel scared and feel that his personal safety was in danger. There is no doubt that this is clearly different from what is called scare in everyday life.

In addition, we can also see from the video that there were many items in the store at that time, including chairs, drinking glasses, and ashtrays...... However, the defendant did not choose these things, but chose the farthest and most dangerous kitchen knife, and threatened it, can this be said to be an ordinary scare in comparison?

From the perspective of ordinary people, we believe that the defendant's behavior is to resist execution by means of threats of violence, not to scare as the defender claims.

As for why the defendant did not chase him out of the store, it was not because he exercised restraint, but because his purpose of resisting execution had been achieved, and there was no need to chase him out again. ”

He paused for a moment and continued: "Also, I don't agree with the method of explaining behavior with purpose that the defender just said.

Purpose exists in the human brain, cannot be seen or touched, and can only be expressed through words or physical actions. So more often than not, we all speculate about a person's purpose through their outward behavior.

However, if the purpose is used to explain the behavior, the criminal suspect will be allowed to talk to himself, and as long as he can find a decent excuse, he can escape the punishment of the law, which is very unfavorable to the fight against illegal crimes.

I'll give you a very simple example. The owner put the motorcycle on the side of the road and forgot to pull out the key, a thief saw it, used to steal the motorcycle, this time happened to be the owner of the car came, the thief can say that he is afraid that the motorcycle will be stolen, he just wants to help the owner take care of it temporarily.

If the purpose is used to explain the action, then the thief not only did not commit a crime, but became a good person. I would like to ask the defender, are you okay with the thief's argument that he explains his act with a purpose? ”

Luo Xiaochuan knew that he was at a loss, so he had to say: "I'm just expressing my personal opinion, and the final sentencing will still be decided by the collegial panel." ”

Lin Gang originally "repaid" him, but considering his identity, he thought about it.

After several twists and turns, the trial finally came to the final stage.

Qin Huaiyuan said to Liao Wenchang: "Defendant Liao Wenchang, according to the provisions of the Criminal Procedure Law, you have the right to make a final statement. Do you have anything to state? ”

Liao Wenchang lowered his head and didn't speak, Qin Huaiyuan asked again, and he said two words weakly: "No." ”

The verdict was not pronounced in court, and two bailiffs stepped forward to escort Liao Wenchang out of the courtroom.

At the moment when he walked out of the defendant's dock, Liao Wenchang subconsciously glanced at the auditorium, and this time he happened to see Chen Molei, and Chen Molei was also looking at him.

Looking at each other, the various tastes seemed to have mixed feelings, and they couldn't say it for a while.

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