Chapter 431: Joint Crime
Fang Yi secretly said in his heart: Next time, you must not accept the case of legal workers, there are constant problems! These two are simply a problem father and son.
"I think you may have some misconceptions that joint crimes do not presuppose that the defendants are guilty of the same crime.
You see, Article 25 of the Criminal Law stipulates that a joint crime refers to a joint intentional crime committed by two or more persons, and if two or more persons commit a joint negligent crime, and it is not punished as a joint crime, they shall be punished separately according to the crime they committed.
According to the above provisions, the key to determining a joint crime lies in whether two or more persons subjectively have the intent to commit a joint crime, and objectively whether there is a joint criminal act, but it is entirely possible that the criminal suspects may constitute different crimes due to differences in their identities or criminal purposes.
I'll give you an example, for example, A unsuccessfully asks B for a legal debt of 10 million yuan, and then A finds C and conceals the true situation, saying that B is a local rich man and bullying men and women because of his wealth, and A invites C to kidnap B and extort 10 million yuan.
Subsequently, A and C jointly committed the kidnapping of B. C is guilty of kidnapping, while A extorts $10 million in legal arrears owed to him by B, which only constitutes the crime of unlawful detention.
Although the specific offences committed by A and C are different, it is clear that they constitute joint offences. A and C are separate crimes, but they are joint crimes, you get the idea! Fang Yi looked at Zhao Fengxiang.
"Hmm...... It seems like so. Zhao Fengxiang turned his brain, recalling Fang Yi's example just now.
"Now let's look back at this case, your sons Zhao Yun and Wei San'er maliciously colluded to fabricate evidence and carry out false lawsuits. Zhao Yun filed a lawsuit with the court, and Wei San'er cooperated with him to make a false statement to the court, subjectively the two of them expressed their intent to jointly carry out acts of obstructing judicial activities, and objectively the two jointly carried out acts of obstructing judicial activities, and both of them committed intentional crimes, so they were joint criminals.
In the course of the sham lawsuit, Zhao Yun instructed Wei San'er to fabricate evidence, and his conduct was essentially an instigator of Wei San'er's act of helping to fabricate evidence.
Wei San'er was instructed by Zhao Yun to help him fabricate evidence, and his conduct met the criminal composition of the crime of aiding in the fabrication of evidence, so he constituted the crime of aiding in the fabrication of evidence.
Your son Zhao Yun is the mastermind and main beneficiary of the false lawsuit, and he instructed Wei San'er to fabricate evidence and make false statements to the court, playing a major role in this case, and can be found to be the principal offender in this case; However, Wei San'er was instructed by Zhao Yun to carry out the act of helping to falsify evidence, played a secondary role in this case, and was not the main beneficiary, so he can be found to be an accessory in this case.
So your sons Zhao Yun and Wei San'er belong to a joint crime, you can understand if I explain it like this! Fang Yi said.
"Let me take a look, you mean that my son Zhao Yu instructed Wei San'er to fake, and then my son and Wei San'er sang and sued the court to conduct a false lawsuit, so they committed a joint crime, right?" Zhao Fengxiang thought for a while.
Understanding Fang Yi's explanation just now has cost him an unknown number of brain cells, and it is good to be able to summarize it like this, after all, he is old, he drills into the wine bureau all day long, and his head is a little unresponsive when he drinks.
"Well, almost!" Fang Yi took a sip of tea and moistened his throat.
"That'...... Lawyer Fang, how will my son's case be judged? Zhao Fengxiang said with some help.
"I can't say this, but if I handle this case, I will defend the crime. Although your son has obtained a mediation letter through a sham lawsuit, it has caused some obstruction to the judicial activities. But your son didn't claim too much of his ill-gotten gains in the course of the sham lawsuit. There is a high probability that the court will not apply the second tranche of the sentence. Fang Yi said.
"Well, Lawyer Fang. If I entrust you to defend my son, how much will the attorney's fees cost? Zhao Fengxiang felt that the question was almost over, and it was time to talk about the commission.
"You gave 10,000 yuan before, and then 30,000 yuan in legal fees. A total of 10,000 yuan. Fang Yi said.
"Ten thousand yuan...... See if you can give some discounts, my son is a good gambler, there is not much money at home, I am old again, and I run to the hospital all day long...... Can 30,000 yuan work? Zhao Fengxiang said.
Fang Yi snorted coldly in his heart: Look at you, who is full of red light, how do you look like a person who runs to the hospital every day! Even if you go to the hospital, you should prescribe health medicine!
"Forget it! It's not easy for you either. I'll give in one more step, thirty-five thousand yuan, you have already paid ten thousand yuan before, and then pay another twenty-five thousand yuan. That's already very low, and if it weren't for my peers, I wouldn't have given you this price. Fang Yi really didn't want to talk to him.
"Okay, I'll listen to you, it's thirty-five thousand dollars. I swipe my card! Zhao Fengxiang nodded and said, "Hey! My son is not angry! Now he deserves to be caught. ”
"Now that this is the case, don't worry. I'll take care of the rest. Fang Yi comforted.
"I'm not in a hurry, I'm angry. Originally, I was angry that he was playing money all day long, and cursed him all day long to catch him if he encountered a gambler one day. But I didn't expect this rabbit cub to collude with others to engage in false lawsuits, this time it's okay, the family is clean...... "Zhao Fengxiang hates that iron can't become a steel road.
Don't look at what Zhao Fengxiang said, Fang Yi knew that he was not sure how distressed he was, his son was also his own flesh and blood, if Lao Zhao Tou was really so ruthless, he would not hire a lawyer for his son.
The day before the October 1 holiday, the county court called Fang Yi and said that Zhao Yun's case of obstruction of testimony would begin at 9 a.m. the day after returning from the October 1 holiday.
In addition, Fang Yi learned a news that surprised him from the judge's assistant, Wei San'er died of a sudden cerebral hemorrhage a few days ago, and only one defendant in this case, Zhao Yun, remained.
In autumn, the heat has long subsided, the weather is getting colder, and the afternoon sun shines on the body more and more lazy.
On the first day of October this year, Cao Xiaohui neither took her son Fang Anzhi abroad to see exotic customs, nor did she arrange tutoring for her son, and she also called Fang Yi very rarely, asking him to come to the house to pick up Fang Anzhi and go to the village to relax.
After Fang Yi put down the phone, he was a little puzzled in his heart, he usually took the initiative to call and ask his ex-wife if he could take the child back to his hometown to see his grandfather, what happened today? Could it be that the sun is coming out in the west?
The reason given by Cao Xiaohui was that the company was busy with business and had to organize VIP customers and company executives to travel abroad, and had no time to take care of his son, but Fang Yi always felt weird, and Cao Xiaohui's tone was filled with an indescribable anxiety and uneasiness.
On the day of the October holiday, Fang Yi drove downstairs to pick up his son Fang Anzhi, Cao Xiaohui did not go downstairs, but waved to Fang Anzhi downstairs on the balcony upstairs, and then closed the screen window.
(End of chapter)