Zhao Yun knew that Wei San'er had a lot of debts outside, and knew that there were definitely not a few creditors who had real estate, if he waited for the buyer to give the money and completed the real estate transfer procedures, it was estimated that he would not get any money, and the most terrible thing was that his creditor's rights had not been confirmed by the court, even if the bank sued Wei San'er to the court, he could not join the division.

At this time, his experience as a legal worker played a role, so he discussed with Wei San'er to forge an IOU, write more loan amount, as for the purpose of the loan, he asked Wei San'er to make up a random one, so that he could use it in the future when he sued on the grounds of private lending, and wait to defraud the court's judgment documents, apply for compulsory enforcement of the auction house and participate in the distribution, and after getting the auction money, the two will distribute it proportionally.

A month later, Zhao Yun held a forged IOU and filed a civil lawsuit with the county people's court on the grounds that Wei San'er had borrowed 249,000 yuan from him due to business operations and did not return it, demanding that Wei San'er return the loan, and Wei San'er admitted the fact of the loan in court and agreed to mediate.

At the same time, the county court issued a civil mediation document on the private loan dispute between Zhao Yun and Wei San'er, confirming that Wei San'er should repay Zhao Yun's loan and interest totaling 251,000 yuan.

More than half a month later, Zhao Yun applied to the county people's court for enforcement, and then the county people's court made an enforcement ruling, seizing Wei San'er's house and land use rights in an old community in the county, and began the auction procedure.

Originally, everything went smoothly according to Zhao Yun's plan, but who knew that just last year, the county court suddenly launched the trial supervision procedure for the private loan dispute between Zhao Yun and Wei San'er, and the county people's court made a civil ruling and decided to retry the case.

During the retrial, Zhao Yun was afraid that the false lawsuit would be exposed, so he instructed Wei San'er to provide false loan vouchers to the court. Later, during the trial, the county people's court found that Zhao and Wei were suspected of false lawsuits, and then transferred the case to the county public security bureau for investigation.

The county public security bureau immediately summoned Zhao Yun and Wei San'er, Wei San'er had been dealt with for gambling before, and he was afraid of the police, and his legs were weak as soon as he entered the police station, so as soon as the police asked him, he poured beans into a bamboo tube and recruited them all, Wei San'er had already confessed, and Zhao Yun knew that he could not escape and had to admit to falsifying evidence and false lawsuits.

After the investigation was completed, the county public security bureau transferred the case file to the county procuratorate, and after examination and prosecution, the county procuratorate filed a public prosecution with the county people's court on the grounds that the defendant Wei San'er had committed the crime of credit card fraud and helping to falsify evidence, and the defendant Zhao Yun had committed the crime of obstructing testimony.

"Lawyer Fang, I don't think I am guilty of obstructing testimony, but fabricating evidence. The charges charged by the prosecutor's office were wrong.

You see, Wei San'er and I colluded to forge the loan agreement and file a false civil lawsuit, which led to the court's erroneous ruling, and both of us are parties to the lawsuit, and our actions belong to helping each other to fabricate evidence, which should constitute a joint crime of aiding in the fabrication of evidence. How could I be guilty of obstruction of testimony? Zhao Yun thinks that what he said is the Tao, and it is reasonable and well-founded.

Fang Yi understood in his heart why he said this, there were two possibilities: one was because compared with the crime of aiding in falsifying evidence and the crime of obstructing testimony, the crime of obstructing testimony was a felony, and Zhao Yun did not want to be found as a felony; The second is that Zhao Yun did not understand the difference between the two crimes, and was completely self-righteous.

Fang Yi is good at criminal cases, so naturally he will not accompany him to play the game of covering his ears and stealing the bell. If Zhao Yun really didn't know the difference between the two charges, Fang Yi wouldn't mind taking this opportunity to give him Pupupu.

"It is indeed difficult to distinguish between these two crimes in judicial practice, but there is still a clear difference between the two crimes. Personally, I believe that the key to distinguishing between the offence of obstruction of testimony and the offence of aiding in the fabrication of evidence is whether or not you are directly benefiting from the sham lawsuit. Fang Yi said.

"This ...... How to explain it? Zhao Yun looked at Fang Yi suspiciously.

"According to the provisions of Article 307 of the Criminal Law, whoever uses violence, threats, bribery, or other means to prevent witnesses from testifying or instructs others to give false testimony shall constitute the crime of obstructing testimony and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment. Where the circumstances are serious, the crime of aiding in fabricating evidence is constituted, and a sentence of up to three years imprisonment or short-term detention is to be given.

The objects protected by the crime of 'obstructing testimony' and the crime of aiding in the fabrication of evidence are the normal order of litigation activities, and the perpetrators are subjectively intentional. However, the subject and objective of the two crimes are different:

1. The subject of the crime is different

The subject of the crime of obstructing testimony may be a litigant (plaintiff, defendant, etc.), or other persons with an interest in the party, such as a party's relatives or a person instructed by the party's relatives (this scope is relatively broad).

The subject of the crime of aiding in the fabrication of evidence is usually a person other than a litigant, who may not necessarily have an interest in the case and may be another party instructed by one of the parties to the litigation.

The so-called 'help' in the crime of 'aiding in the fabrication of evidence' mainly refers to preparing tools for the parties to destroy or fabricate evidence, providing advice, and strengthening their confidence in destroying or fabricating evidence.

In judicial practice, there are generally two situations in the process of false litigation:

One is that one party infringes upon the legitimate interests of the other party by instructing others to fabricate evidence. In this case, the act of instructing others to give perjury committed by a party to the litigation constitutes the crime of obstructing testimony, and the person who helps him to falsify evidence can only be a person other than the litigant, which constitutes the crime of aiding in the fabrication of evidence.

The other is malicious collusion between the two parties to jointly infringe upon the legitimate interests of a third party. This situation is more complicated, both parties may commit the act of instructing the other party to give false testimony or help the other party to falsify evidence, and there may be a situation where the "other person" in instructing another person to give false testimony and the "party" in helping the party to falsify evidence overlap.

According to the provisions of the Criminal Law on the crime of aiding in the falsification of evidence, the perpetrator of this crime can only be a person who helps the person concerned to achieve illegal benefits, and cannot be a person who commits the act for himself and directly benefits from the outcome of the case.

Of course, hiring someone to help fabricate evidence and giving the other party a certain amount of remuneration or other benefits cannot be regarded as directly benefiting from the case, but helping the parties to obtain benefits, which meets the main characteristics of the crime of aiding in the fabrication of evidence.

Going back to your case, as you said earlier, it is difficult to realize your claims under normal circumstances, but in order to realize your claims and distribute more claims, you conspired with Wei San'er to participate in the distribution of the auction value of the house through false lawsuits.

Therefore, you are a seeker of interests in a sham lawsuit. And Wei San'er cannot directly obtain benefits in the lawsuit, but in order to cooperate with you to realize the evidence of forgery of creditor's rights.

Therefore, I think that you belong to the seeker and receiver of illegal benefits, which meets the main characteristics of the crime of obstructing testimony, while Wei San'er only helps you realize your creditor's rights, which meets the main characteristics of the crime of aiding in falsifying evidence. Fang Yi looked at Zhao Yun after speaking.

"That'...... And what about the object you are talking about? Zhao Yun had an expression that seemed to understand and doubted, and his heart was half cold.

"Second, the crime is objectively different

The crime of obstruction of testimony generally manifests itself in two forms: one is to prevent witnesses from testifying; The second refers to causing others to give false testimony.

The objective form of the crime of aiding in the fabrication of evidence is to assist the parties in fabricating evidence, and the scope of evidence is relatively broad, including documentary evidence, physical evidence, audio-visual materials, appraisal opinions, etc., and the act of aiding may be forged together in partnership or by a single person, and then provided to the parties for use.

In the course of false litigation, the objective manifestation of the crime of obstruction of testimony mainly refers to causing others to give false testimony, and sometimes refers to causing others to give false testimony; Sometimes it refers to getting someone to falsify false evidence and provide it to the court, and to give false testimony. Therefore, instructing others to falsify evidence and instructing others to give false testimony often occur at the same time, and both fall under the form of "instructing others to give false testimony" under the Criminal Law.

However, in the course of false litigation, the crime of aiding in the fabrication of evidence is objectively manifested in the act of being instructed to help a party forge false testimony and other evidence of others.

In this case, your act of instructing Wei San'er to forge an IOU and provide a false statement to the court is an act of instructing others to give false testimony, which meets the objective characteristics of the crime of obstructing testimony.

At the same time, you also participated in the act of falsifying evidence for your own benefit, but this act was a means for you to instruct Wei San'er to give false testimony to the court, and it has been absorbed by the crime of obstructing testimony, so I think you have constituted the crime of obstructing testimony.

Wei San'er's act of forging IOUs at your instigation is to help you fabricate evidence, which meets the objective characteristics of the crime of aiding in the fabrication of evidence, but Wei San'er's act of providing false statements to the court does not constitute a crime. ”

When Fang Yi said this, Zhao Yun suddenly interrupted him: "Why did I constitute a crime, but his false statement to the court was not enough to become a crime?" Why? ”

In Zhao Yun's opinion, everyone is two grasshoppers on a rope, I, Zhao Yun, commit a crime, you Wei San'er don't want to hide, it's fair for everyone to suffer together, and he feels balanced in his heart.

Fang Yi glanced at him, and already understood what he was thinking: "What I just said does not constitute a crime, but only evaluates Wei San'er's act of perjury in court, which does not constitute a crime." It's not about his actions of helping you falsify evidence. I'm looking at his actions separately.

The Penal Code clearly stipulates that perjury is committed only in criminal proceedings. He committed perjury in a private lending dispute, and the perjury that occurred in a civil lawsuit does not constitute a crime, but will be subject to administrative penalties such as detention and fines.

Wei San'er's cooperation with and assistance to you to obtain benefits through false litigation is in line with the main characteristics of the crime of helping to falsify evidence, and there is also an act of helping you to falsify evidence, in addition, he also uses the method of disappearing to evade credit card collection, so it is likely that he will constitute the crime of aiding in falsifying evidence and the crime of credit card fraud. ”

"Oh, that's right!" Hearing Fang Yi say this, Zhao Yun felt a lot more comfortable.

But for the more theoretical content that Fang Yi said, Zhao Yun is still a mess. As a legal worker with few ideals, limited professional ability, and no desire to make progress, he usually comes into contact with some short civil cases of his parents, and he doesn't even look at criminal cases.

Fang Yi could see that he had overestimated Zhao Yun's professional ability, and he had spent so much time just now, and the whole pair of cows playing the piano might as well tell him directly what crime might be constituted.

But since people asked so, it was their obligation to provide legal advice, and Fang Yi always felt awkward in his heart if he didn't explain it, let him fool people, and he couldn't help it, so he ...... It's better to play the piano to the cow than not to say it, at least you feel comfortable. As for how much the other party can understand, it's up to him.

In the afternoon, Fang Yi went to the county procuratorate to read the case file, and communicated with the procuratorate for more than half an hour about the case.

After returning from the procuratorate, Fang Yi sorted out Zhao Yun's case, sorted out all the problems, and then called Zhao Fengxiang to come to the law firm for an interview the next day.

When the lights were first on, Fang Yi stretched his waist and suddenly remembered that he hadn't been brilliant for a few days, so he called Li Shuming to ask him to drink and take a bath by the way.

Li Shuming told him that there was a drinking party at night, and it was estimated that it would be two or three o'clock in the morning when it was dispersed, and it was not good to stay all night, and there was Tsingtao beer and liquor in the office, let him watch it himself, don't wait for him.

Fang Yi was thinking about what to do after taking a bath, when he suddenly saw a fat old man walking over slowly.

"Boss, are you discharged?" Fang Yi looked at Wan Kefa who came over in astonishment.

"Don't shout, I'll come back and compensate for some ammo." Wan Kefa looked around like a thief, but fortunately, everyone in the team had already left work at this time, and only a few lawyers working overtime were working hard at the distant workstation.

"What ammunition?" Fang Yi stood up and asked with a look of surprise.

Wan Kefa raised his right hand, and made a drinking posture like a thief, and instantly Fang Yi understood that this old man was hungry for wine and ran away!

After cleaning up the case files on the table, Fang Yi put on his coat and was about to go to the brilliant bath when Wan Kefa came out of the office, came to Fang Yi and whispered: "Xiao Fang, are there any activities at night?" ”

Fang Yi was stunned for a moment, and immediately reacted: Could this fat old man be trying to pull himself to drink a bar! I'll go! The proprietress has already beaten herself once before, and this fire pit can't be jumped again!

"There are activities, I want to go to glory." Fang Yi replied immediately.

"Oh?! Brilliant is a great place, I just didn't have dinner. Give your 'traitor' a chance to make amends, and invite me to a brilliant bath and dinner. "WALL said on his toes.

"It's okay to take a bath, but it's all vegetarian baths, no meat, no wine." Fang Yi looked at the fat old man in front of him and said.

"Deal!" After Wan Kefa finished speaking, he turned around and walked towards the office, muttering as he walked: "I'm so old, I haven't seen anything, the vegetarian bath is good, clean." ”

When he went downstairs, Fang Yi's eyes turned around on Wan Kefa, and he wondered in his heart: Where did this fat old man hide the wine? Seeing that his hands are empty, his pockets are deflated, and there is no alcohol in his mouth, the old guy will not have treasures such as 'storage bags' in Xianxia!

(End of chapter)