When the sun rose overhead, the courtyard that used to be quiet and unpopular was full of laughter, and after Fang Youcai saw his grandson, the wrinkles on his face were almost smiling, and he didn't say anything, and the braised pork was served.

"Dad, when I came back just now, I met Brother Mao on the road, Brother Mao said that our village is going to build a road to occupy an area, and it is said that it is to build a road to Jin Province, is it true?" After eating, Fang Yi sat on the bench in the courtyard and chatted.

"It's been seven or eight years of shouting, and it is said that the funds are allocated every year, but there is no road repair. If you really talk about it, you have to occupy our land to build roads, a few years ago, someone from above specially measured, just to pass from our land, said to be compensation, but there is no letter later. Fang Youcai knocked the cigarette pouch and said.

"This time it may be true, Brother Mao said that it won't be long before the top will come to the village to measure the land and talk about compensation." Fang Yi said.

"Well, it's good to build a road, it's really repaired, and it's convenient for people in the village to go to Jin Province to work, so you don't have to go far." Fang Youcai filled another bag of cigarettes, turned his head to look at his grandson who was fighting the big rooster, and hurriedly said, "Xiaozhi, be careful, our big rooster is fierce." ”

As soon as the words fell, Fang Anzhi groaned, and ran back with his left hand covering the back of his right hand. The big rooster behind him held his head high, flapped his wings, and seven disobeyed and eight disobeyed and eight disagreed with each other, declaring the sovereignty of the hen's coop with the attitude of a victor.

"Master, it pecked me." Fang Anzhi said aggrievedly: "Why don't we eat it at night!" ”

"This ...... This rooster has been in our house for some years, and the meat is not easy to eat, and it is more difficult to stew than the old hen. Fang Youcai hesitated.

"Okay then, but I strongly condemn its actions." Fang Anzhi pretended to be angry.

When his words fell, the big rooster still held his head high, like a hob meat, and he was not afraid at all.

In a blink of an eye, the holiday was over, the big rooster was still struggling, and Fang Yi sent Fang Anzhi back to school. The day after returning from vacation, Zhao Yun's case of obstructing testimony began.

On the day of the trial, Zhao Fengxiang also came, he sat in the auditorium, a little nervous, and there were several people sitting next to him, men and women, presumably relatives of his family.

The presiding judge, a male judge, began to read out the indictment after completing the previous procedure.

“…… This court holds that the defendant Zhao Yun instructed others to provide false testimony in the course of false litigation, and his conduct violated the provisions of Article 307, Paragraph 1 of the Criminal Law of the People's Republic of China, and that the facts of the crime are clear, and the evidence is credible and sufficient, and that he should be investigated for criminal responsibility for the crime of obstructing testimony.

In view of the fact that the defendant truthfully confessed his crime after the case was discovered and admitted guilt and accepted punishment, he may be given a lighter punishment in accordance with law. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law. Complete! The middle-aged female prosecutor who sat at the head of the prosecutor's bench said.

"Defendant, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? The presiding judge said.

"I have no objection to the charges and facts of the crime charged against me in the indictment." Zhao Yundao. He had realized that his role as a lawyer was coming to an end, and when he spoke, he seemed weak.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

"Okay, Presiding Judge."

After speaking, the middle-aged female prosecutor looked at Zhao Yun who was sitting below: "Defendant Zhao Yun, how did you know Wei Dayou (Wei San'er)?" ”

"I met Wei Dayou many years ago when we were playing cards at a friend's house." Zhao Yundao.

"Is there a loan relationship between Wei Dayou and you?" The middle-aged female prosecutor asked.

"Yes, Wei Dayou owes me more than 190,000 yuan, plus almost 200,000 yuan in interest. In the previous retrial at the county court, I had submitted the loan transfer voucher and the loan agreement. Zhao Yundao.

"Since Wei Dayou owes you 200,000 yuan in principal and interest on the loan, why did you sue Wei Dayou for the amount you claimed in the private loan case of 249,000 yuan? What's the deal with the extra $49,000? The middle-aged female prosecutor asked.

"The extra 49,000 yuan loan was forged by me at the behest of Wei Dayou. Later, after the money for applying for compulsory auction of the house is in hand, I will give the 49,000 yuan to Wei Dayou, which he demanded, and if he does not give it to him, he will not cooperate with me in suing. Zhao Yundao.

If Wei Dayou died of illness before he was arrested, Zhao Yun would definitely put all the blame on him without hesitation, anyway, people can't speak when they die, and whoever lives is justified. But the heavens did not fulfill people's wishes, and Wei Dayou died after being arrested and before the trial......

"Why did you instruct Wei Dayou to forge IOUs?" The middle-aged female prosecutor then asked.

"Because Wei Dayou owes a lot of foreign debts, he has no money to repay me, so in order to get the money back, I instructed Wei Dayou to falsify, and then carried out a false lawsuit." Zhao Yundao.

"Before you sue, Wei Dayou had already signed a sale and purchase agreement with a third party to sell the property, why didn't you wait for him to repay your debt after he got the sale money, and chose to sue?" The middle-aged female prosecutor was puzzled.

"Wei Dayou gambles, there are a lot of gambling debts and arrears outside, and many people are urging him to sell the house, even if he really sells the house, I can't get the money.

As a last resort, I gave him this idea, went through the litigation process, and then applied to the court to enforce the auction of the house, and the money from the sale of the house was in the court's account, so that not only could I return the money from the bank, but I could also recover the money.

Gambling debts are not legal, and those people will definitely not dare to go to the court to sue Wei Dayong. Even if you sue the court, it will not support it. Zhao Yundao.

"After you applied for enforcement, did you get the auction money?" The middle-aged female prosecutor asked.

"No, after the court seized the property, the third person who bought the house before raised an objection to the execution, and later the court initiated the trial and supervision procedure......" Zhao Yundao.

"Presiding Judge, we're done!" The middle-aged female prosecutor said.

"Does the defender of the defendant Zhao Yun need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"Questions." After Fang Yi finished speaking, he looked at the defendant Zhao Yun: "Defendant, did you use violence or coercion when you instructed Wei Dayou to forge the loan agreement?" ”

"No, I just gave him a suggestion at the time, and he thought it was feasible and could get benefits, so he agreed, and I never used any coercion or coercion, and we discussed this matter together." Zhao Yundao.

The reason why Fang Yi asked this was to let the presiding judge and the judge understand that the false lawsuit was done by the two of them in conspiracy, and Zhao Yun was not led by Zhao Yun alone, and hoped that the judge would take it into account when sentencing.

"How will the proceeds of enforcement be distributed?" Fang Yi asked.

"What I negotiated with Wei Dayou was that if I could get back 249,000 yuan, then 49,000 yuan would go to him and 200,000 yuan would go to me. If I can't get this much, I will give him the corresponding part of 49,000 yuan according to the proportion. Zhao Yundao.

"Presiding judge, the defender has finished asking." Fang Yi said.

In the process of presenting evidence and cross-examination, Zhao Yun recognized the evidence submitted by the public prosecution, and there was nothing to justify. The evidence was either from the case file materials of the false lawsuit, or from the compulsory enforcement case file, or the defendant's confession provided by the public security organ, and Wei San'er (Wei Dayou)'s confession was not much different from Zhao Yun's, which corroborated each other, and he couldn't admit it.

Fang Yi also felt that there was nothing to say about these evidences, so he accepted the evidence in this case.

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

"Presiding Judge, Judge: We believe that Zhao Yun instructed Wei Dayou to give false testimony, fabricate loan debts, and file a false lawsuit with the court as a plaintiff, causing the court to make an erroneous ruling, and his conduct violated Article 307 of the Criminal Law, constituting the crime of obstructing testimony, and is a "serious circumstance", and we recommend that the defendant Zhao Yun be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and it is completed. The middle-aged female prosecutor said.

"The defendant defended himself." The presiding judge said.

"I accept both the charges and the facts of the crime charged by the prosecutor, but my original intention was only to get back the money owed by Wei Dayou, and I did not harm Wei Dayou's rights and interests, nor did I have the idea of harming the rights and interests of other legitimate creditors. I pleaded guilty and accepted punishment and asked the court to punish me lightly in accordance with the law. Zhao Yundao.

"Defendant Zhao Yun's defender expresses his defense opinions." The presiding judge said.

"Presiding Judge and Judge: The defender believes that the defendant Zhao Yun has constituted the crime of obstructing testimony, but his conduct does not constitute 'serious circumstances' and should be given a lighter punishment. Here's why:

In this case, the defendant Zhao Yun carried out a false lawsuit in order to realize his creditor's rights, instructed Wei Dayou, another defendant in the case, to fabricate evidence and make false statements during the trial, which obstructed the normal trial order of the people's court, and the amount of the subject matter of the litigation was huge (249,000 yuan), and caused the people's court to make an erroneous judgment, which has reached the level of criminal punishment and constitutes the crime of obstructing testimony. The defender has no objection to this.

However, of the 249,000 yuan claimed by defendant Zhao Yun in the false lawsuit, 200,000 yuan belonged to his lawful creditor's rights, and the fictitious creditor's rights were only 49,000 yuan.

Moreover, defendant Zhao Yun's false litigation behavior did not cause actual economic losses to the relevant stakeholders in the false litigation case. Therefore, the defense believes that the defendant Zhao Yun does not constitute a 'serious circumstance'.

In summary, the defender believes that it is more appropriate to sentence the defendant Zhao Yun to fixed-term imprisonment of less than three years or short-term detention, and requests the court to support the defender's defense opinions in accordance with law. Complete. Fang Yi said.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

"Okay, Presiding Judge. In response to the defender's defense opinions, we respond as follows:

Although only 49,000 yuan of the creditor's rights asserted by the defendant in the false lawsuit were fictitious creditor's rights, he instructed Wei Dayou to fabricate evidence, causing the court to make an erroneous ruling, which objectively obstructed the normal order of judicial litigation activities and seriously undermined the authority of judicial adjudication.

Therefore, we believe that the defendant Zhao Yun has committed the crime of obstructing testimony, and the circumstances are serious, and he should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and we recommend that he be sentenced to four years imprisonment. Complete. The middle-aged female prosecutor said.

At this time, the controversial points of the case have come out, and there is no dispute between the prosecution and defense on the factual part of the case, and the focus of the dispute between the two sides is sentencing.

"The defender may respond to the prosecutor's opinion." The presiding judge said.

"Presiding Judge and Adjudicator: Based on the procurator's defense opinions and responses, the defender issues the following defense opinions:

According to the cases released by the Supreme People's Court, in judicial practice, in cases of obstructing testimony for the purpose of carrying out false lawsuits, the severity of the crime is generally evaluated from the following aspects:

1. The defendant's motive for his conduct

That is, whether the perpetrator subjectively has the purpose of illegally realizing his own property interests or the purpose of illegally occupying the lawful property of others. In the former case, the purpose of the act is not wrong, but the means are wrong, while in the latter case, both the purpose and the means of the act are wrong, and the degree of illegality is obviously greater than that of the former.

In this case, the defendant Wei Dayou originally owed Zhao Yun nearly 200,000 yuan, and in the false lawsuit, the amount claimed by Zhao Yun was only 49,000 yuan higher than his legitimate creditor's rights.

In view of the fact that exaggerating economic losses and increasing the subject matter of civil litigation often occur in civil litigation, it is in line with common sense. Therefore, the defender believes that the defendant Zhao Yun instructed Wei Dayou to fabricate evidence for the purpose of illegally realizing his own property interests, and then carried out a false lawsuit. The degree of violation is different from that of ordinary cases, and the harm to society is less.

2. The amount of the subject matter of the false lawsuit

The amount of the subject matter of the false lawsuit, that is, the criminal purpose that the defendant Zhao Yun hopes to achieve, the larger the amount of the subject matter of the lawsuit, the greater the harm or loss that the act may cause to the property interests of others.

As mentioned above, the subject matter of the defendant's claim in this case for carrying out the false lawsuit is 249,000 yuan, which is a huge amount, but 200,000 yuan of it is his legitimate creditor's right, and the proportion of fictitious creditor's rights is relatively small, so there are certain differences between this case and other cases of the same type, and the court is requested to consider it when sentencing.

3. The methods used by the defendant and the consequences caused

The offence of obstruction of testimony is an abetment offence in which the perpetrator may use violence, threats, inducements or other means that are not in themselves unlawful.

The intensity of the defendant's instigation and the degree of harm caused by the defendant's use of different methods are different, and the defender believes that the defendant's conduct should be evaluated on the basis of the value judgment standards of social ethics and morality, and the degree and danger of the damage to the victim or the public indirectly. The higher the intensity and danger of the act, the greater the culpability.

In this case, the defendant Zhao Yun did not cause actual harm to the relevant stakeholders in the case, and the harm to society was relatively small, so the corresponding culpability was also less.

4. Impact on judicial litigation activities

According to the defender, the impact on judicial litigation activities includes the impact on judicial fairness and judicial efficiency.

According to whether the false evidence has entered the litigation process, whether it has had an impact on the judicial process, and the size of the impact, it can be divided into:

(1) There is only conduct that obstructs testimony, but the relevant false evidence has not yet entered the litigation stage;

(2) They have already entered the litigation process, but have been identified and have not impacted the fairness of the judgment;

(3) Where litigation has already been entered, and the identification and determination of relevant evidence takes a longer period of time and greater judicial costs, impacting judicial efficiency;

(4) False evidence cannot be identified, and the judicial organs make an erroneous judgment.

In the above different situations, the degree of social harm of the act is also different, and the greater the impact on judicial litigation activities, the greater the culpability of the act.

In this case, although the defendant Zhao Yun instructed Wei Dayou to fabricate evidence and carry out false litigation, the court made an erroneous judgment based on the false evidence provided by him, which had a greater impact on judicial litigation activities.

However, the court promptly initiated the trial and supervision procedure without causing actual damage to the interested parties. After the case was discovered, defendant Zhao Yun truthfully confessed his crime and may be given a lighter punishment in accordance with law, and pleaded guilty and accepted punishment, requesting that the court consider it when sentencing.

To sum up, in this case, the defendant Zhao Yun carried out a false lawsuit in order to realize his creditor's rights, which caused the people's court to make an erroneous judgment and obstructed the normal trial order of the people's court.

However, the subject matter of the defendant Zhao Yun's lawsuit did not meet a particularly huge standard, nor did he use any violent means to compel Wei Dayou to give false testimony, causing Wei Dayou to suffer minor injuries, and the interested party did not suffer actual economic losses, which is a first offense. Therefore, defendant Zhao Yun does not constitute a situation of "serious circumstances". The court is requested to give a lighter punishment in accordance with the law. Complete. Fang Yi said.

……

Chapter 435 Mr. Meng

After the adjournment, the bailiff took Zhao Yun out of the courtroom, and before going out, he looked at his father Zhao Fengxiang in the auditorium, his eyes were facing each other, and the old man Zhao's lips trembled, and his eyes were a little moist.

Fang Yi looked at his watch, it was almost twelve o'clock, he took out a few sips of mineral water, moistened his lips and throat, during the trial, the lawyer could not drink water, so the long court session was a test of the physical strength of the lawyer, the prosecutor and the judge.

Zhao Fengxiang wanted to take advantage of the adjournment to ask Fang Yi about the situation, but seeing that Fang Yi looked tired, he finally held back, ten minutes, it only takes ten minutes, and the result will be known (the judge pronounces the verdict), and wait a little longer.

"Now continue the trial, and ask the bailiff to bring the defendant Zhao Yun to the court. The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

In the course of the false litigation, the defendant Zhao Yun instructed others to provide false testimony, and his conduct constituted the crime of obstructing testimony. The prosecution convicted the defendant Zhao Yun of the crime.

Zhao Yun pleaded guilty at trial, and may be given a lighter punishment as appropriate. The defense opinions put forward by Zhao Yun's defender were adopted.

Accordingly, in accordance with the provisions of paragraphs 1 and 2 of Article 307 of the Criminal Law of the People's Republic of China, the judgment is as follows: 1. Defendant Zhao Yun is guilty of obstructing testimony and is sentenced to seven months imprisonment......," the presiding judge announced.

Fang Yi finally breathed a sigh of relief, seven months! Zhao Yun had been detained for three months before, and he could be released in another three months, but Zhao Yun had to find another job after he came out, and legal workers couldn't do it.

Zhao Fengxiang in the auditorium also breathed a sigh of relief, he can accept it for seven months, what if he can't accept it, with his experience, the rate of appeal and reversal is very low, forget it, save some money.

A few days after the verdict was announced, Fang Yi obtained the criminal verdict, and within 10 days, the defendant Zhao Yun did not appeal, and the procuratorate did not raise a protest, and the judgment took legal effect.

On this day, Fang Yi was writing a summary of the case at his workstation, when suddenly his mobile phone rang, and it was Yunmei calling. Yunmei asked him if it was convenient to go to Yunwu Tea House to drink tea in the afternoon, saying that a new batch of tea had been purchased recently, and in addition, a member of the Tea Association wanted to consult some legal questions.

As soon as Fang Yi heard that he had a legal question to consult, he responded.

After eating at noon, Fang Yi drove to Yunwu Tea House. In the tea room on the second floor of the tea house, there are three people sitting, a middle-aged male lawyer, a bald man in his fifties with big eyes, big ears, big nose, and big face, and a woman in her thirties who has both face and charm.

The middle-aged male lawyer is Fang Yi, and the woman in her thirties is Yun Mei, sitting next to Fang Yi, the man in his fifties opposite Yun Mei is the tea association member mentioned by Yun Mei on the phone -—— Mr. Meng.

"Lawyer Fang, I'm really bothering you this time." Mr. Meng spoke very politely.

"Mr. Meng, lawyer Fang is a well-known local criminal lawyer, and he has done a lot of cases, and there are a lot of them on the Internet, but he is relatively low-key and does not like publicity.

Lawyer Fang, Meng is always a well-known entrepreneur in Jin Province, he has a brother in the local area, something happened recently, and he wants to consult with you. ”

While speaking, Yunmei had already boiled a pot of old white tea, and then said: "Mr. Meng, this is the old white tea in our store, you can taste it and see how it goes."

You talk, I still have some business. You have talked about it, tell me, I will be in the office, and I will be the host in the evening, and I will invite you two to dinner. ”

This morning, Mr. Meng came to Yunmei to talk about cooperation, and after the conversation, he asked her if she knew a more reliable criminal lawyer, so Yunmei called Fang Yi.

But until now, Mr. Meng has not asked her for anything, what does this mean? It shows that Mr. Meng doesn't want Yunmei to know the content of the consultation.

Yunmei has been up and down in the business sea for many years, so she can naturally see the height of her eyebrows, and after making tea, she found a decent excuse to leave, leaving the tea room to Mr. Meng and Fang Yi.

After Yunmei left, Mr. Meng sat in the position where Yunmei was sitting before and began to fiddle with the tea set, and it could be seen that he was also an expert. Tea sellers don't necessarily understand the art of tea, but Mr. Meng does.

Seeing that Mr. Meng was concentrating on agitating the tea set, Fang Yi looked at it and did not speak.

I have to say that Yunmei is a particular person, the tea is not made with an electric stove, but a small tandoor, which is placed on a special shelf next to the table, and the small tandoor is lit with charcoal.

After a while, Mr. Meng poured two cups of tea, one for each of them.

"Lawyer Fang, the tea is a little hot, wait until it cools slightly before drinking." Mr. Meng said calmly.

Fang Yi smiled and nodded, and said in his heart: Are all tea drinkers so calm, don't talk about business for a long time, then okay, if you don't say it, I won't mention it, let's just taste tea here and practice the kung fu of nourishing qi.

After a while, Mr. Meng spoke: "Lawyer Fang, there is a crime called 'obstruction of testimony', I don't know if you have ever done this kind of criminal case?" ”

After listening to him, Fang Yile said: "It's a coincidence!" Some time ago, I just did one, and the defendant was also convicted of obstructing testimony, and was later sentenced to seven months. ”

"Oh? The one told you that you don't see if there is a chance in this case. Mr. Meng pondered for a moment and continued: "This matter has to start with my brother. Earlier, my parents were sent to work in the Beijing office, I followed my grandparents in my hometown, his family lived downstairs from my house, I often went to his house to eat, he often came to my house for dinner, and the two of us belonged to the kind of friends who ate and drank until they graduated from high school.

After graduating from high school, I was admitted to a university in Beijing, majoring in law, but after failing several bar exams, I gave up law and started business. He came to the city with his parents to do business, and although they were in two places, we were in constant contact and got closer.

He has a nimble mind than me, and he is smarter than me, but he doesn't like to study, but business is a good material, and when he was in middle school, he began to pour small goods such as stickers and greeting cards, and he kept snacks in his pocket. I really envied him at that time.

In June of this year, I heard that he had been arrested for obstructing testimony, and later his family hired a lawyer for him in Beijing, and as a result, my brother was sentenced to a year and a half. I would like to ask you to check and see if there is any hope for the second instance of this case to be overturned. After speaking, Mr. Meng picked up the teacup and took a sip of tea.

"Do you know why?" Fang Yi asked.

"I have understood before, and I have asked his lawyer, in fact, my brother is too greedy, five years ago, an advertising company asked him to borrow a sum of money turnover, a total of one million, he received three cents (simple interest) per month, and it was 1.36 million ......yuan a year," Mr. Meng picked up the teacup and said while tasting tea.

(End of chapter)