Chapter 421: Don't persuade others to be kind without others suffering

On the night they got the case file materials, Li Yong and Li Youpeng sent Lee Myung-bak back to the hotel, and then went home and read the relevant evidence materials of Li Wen's embezzlement case in detail and conducted research.

Li Youpeng was eager to save his father, and with the help of Li Yong, he made a private copy of the dossier materials. The next day, Lee returned to the law firm with the case file. Li Youpeng contacted the witnesses involved in the case file one by one and did some work.

Three days later, Lee Myung-bak came to Henan Province again and asked Li Yong to find relevant witnesses to verify the situation, investigate and collect evidence, and asked him to help him drive to find relevant witnesses according to the address.

On that day, Li Yong happened to have something to do, so he handed over the work of leading the way to his nephew Li Youpeng, who was naturally familiar with the road and soon found several witnesses involved in the case.

Several witnesses were very cooperative with Lee Myung-bak's investigation and evidence collection and issued certificates to him. Lee Myung-bak thought that the investigation and evidence collection would be very difficult, but he did not expect it to be so smooth. What he didn't expect was that the certificates issued to him by the witnesses were all false certificates that had been calculated with Li Youpeng in advance.

Soon after, Lee Wen's embezzlement case was tried in open court, and during the trial, after Lee Myung-bak produced false testimony and testimony from the witnesses involved in the case, the public prosecution felt that something was wrong, so it submitted a proposal to the court to postpone the trial and decided to supplement the investigation.

Later, after the procurator's investigation, it was discovered that the defendant's son, Li Youpeng, had sought the relevant witnesses involved in the case before the trial, and showed them the contents of some of the case file materials, and coerced and induced them to tamper with the certificates.

Soon after, the public security organs arrested the defendant Li Wen's son, Li Youpeng, on the charge of obstructing testimony, and Li Youpeng confessed that Li Wen's defense lawyer, Lee Myung-bak, had shown him the criminal case file, and that he had gone to find witnesses according to the case file.

Soon after, the public security organs arrested Lee Myung-bak, and after appraisal by the Provincial State Secrets Bureau and the Municipal State Secrets Bureau, the materials in the case file of Li Wen's embezzlement case that Lee Myung-bak had shown Lee Youpeng were classified state secrets.

Subsequently, the county procuratorate filed a public prosecution with the county court for the crime of intentionally leaking state secrets committed by the defendant Lee Myung-bak. Seeing that the lawyer in the office was arrested, Son Masayoshi hurriedly appointed Cho Zhongzhong to defend Lee Myung-bak, and then comforted Lee Myung-bak's daughter-in-law.

Soon after, Lee Myung-bak's case of deliberately leaking state secrets was heard and the verdict was pronounced in court. The court of first instance held that the defendant Lee Myung-bak, as a state functionary, used his lawyer's unique status and authority to leak state secrets to the defendant's family members who should not have known about it after learning of the secret materials related to the investigation of criminal offenses, causing the serious consequences of the criminal defendant's family taking the initiative to find witnesses to give false testimony, seriously disrupting normal litigation activities, and the circumstances were serious, and his conduct constituted the crime of intentionally leaking state secrets. In accordance with the provisions of Article 398, Paragraph 1 of the Criminal Law of the People's Republic of China, the court sentenced the defendant Lee Myung-bak to one year imprisonment for the crime of intentionally leaking state secrets.

Li Mingbo looked at Fang Yi, with a look of grievance and puzzlement: "Lawyer Fang, I don't understand, I have failed to pass the civil service exam several times before, and I really can't become a lawyer."

I didn't get a penny from the county, but I almost got hungry to cancel my lawyer's license and go to sales. Why did the court suddenly decide that I was a public servant? ”

"Lawyer Li, let's first hand in the appeal petition and start the second-instance trial procedure, and when the case file is submitted to the second-instance court, I will go back to read the case file. I'll come back then and tell you about the lawsuit. Saying that, Fang Yi handed over the appeal to Lee Myung-bak.

Seeing Li Mingbo in prison, Fang Yi didn't know how to comfort him, as the saying goes, "Don't persuade others to be kind without others suffering", at this moment, any words of persuasion are pale and powerless, and only finding a way to fish out Lawyer Li is the right way.

Out of the detention center, Fang Yi stood on the side of the road, involuntarily took out a cigarette, lit it, took a deep breath, and then slowly spit it out.

Fang Yi's mentor once warned him that he must be careful in the investigation and collection of evidence in criminal cases, if it is not key evidence, it is best not to collect evidence, and if it involves key evidence, it is best to let the client hand it over to the court or the procuratorate.

Before the court decides, the criminal case file must not be shown to the parties, even if you know that doing so does not constitute a crime, do not show them it, because there may be risks that you cannot afford, especially in provinces that you are not familiar with, and how the local judicial authorities handle relevant cases in judicial practice is sometimes a mystery. This is the difference between the law in the ivory tower and the law in judicial practice.

Now Fang Yi really understands the good intentions of his mentor, it is not easy for a criminal defense lawyer to be sincere, and he must pay attention to mine clearance at all times, and if he doesn't do it well, he will be crushed.

After snuffing out the cigarettes, Fang Yi took a taxi to the county court and submitted the entrustment procedures and appeal. Next, we will wait for the case file to be transferred to the Intermediate People's Court for review.

Why didn't you read the case file in the court of first instance? In fact, Fang Yi also wanted to do this, so that he could have more time to study the case and draft the appeal brief. Of course, Fang Yi also tried, but the county court rejected Fang Yi's request to read the case file on the grounds that the law did not clearly stipulate it.

is still the same sentence "The ideal is very full, and the reality is very backbone".

In the case of a defence lawyer who is retained or appointed after the verdict has been pronounced in the first instance, the appeal brief must be submitted to the court before the expiration of the appeal period.

However, the Criminal Procedure Law does not explicitly stipulate the lawyer's right to read the case file during the period of connection between the first and second trials. This has made it extremely difficult for the lawyer who has been retained in a criminal case after the first instance to understand the facts of the case, and has also created an obstacle for the defender of the second instance to draft a valid appeal brief. It seems that it should be a very rigorous matter, but in fact, there are many twisted places, and the lawyer can only cross the sea with eight immortals, each showing his magical powers, and start the second-instance trial procedure first.

Fang Yi, who returned to the law firm, began to look for relevant cases, look for information, and prepare to defend Lee Myung-bak's innocence. There can only be two answers to this case, one is guilty and the other is not guilty, and Fang Yi must make a not guilty defense to keep Lee Myung-bak's job.

Fang Yi is not only working hard for Lee Myung-bak, but also for himself and the lawyer community. Today is Lee Myung-bak, and tomorrow it will be Zhao Myung-bak, Zhou Ming-bak, and even other Fang Yi.

Shortly thereafter, Fang Yi went to Henan Province again and read the papers in the Intermediate Court. Soon he received a notice from the Intermediate People's Court that the second trial of Lee Myung-bak's case would begin a week later.

On the day of the trial, there were many people standing in groups in front of the gate of the Intermediate Court, and they knew at a glance that they were lawyers, because they had a unique atmosphere.

"Lawyer Zhang, you're here too!" A thin middle-aged male lawyer said to a female lawyer in her thirties.

"There is no court today, I came to listen, this is a matter related to the vital interests of our lawyers, and it is a trial in our local area, so we have to care about it." The female lawyer said.

(End of chapter)