Early the next morning, Fang Yi locked himself in his office and studied and analyzed for a whole day.

A few days ago, Fang Yi did not take on a new case, Zhou Ying has been following Lawyer Song to handle a case of corruption by the principal of the school, and in the morning, Zhou Ying and Lawyer Song went to other provinces for a trial and were not in the office. So Fang Yi didn't let Zhou Ying follow this case.

The sun rose again, and the winter sun shone into the small conference room of the villa through the glass window, Fang Yi sat on the chair and felt the warmth of the sun, feeling a little hot after a long time.

Secretary Wu and Fang Yi sat side by side, and the chairman opposite him was sitting in a precarious position, with a serious face and a very full aura.

"Chairman, lawyer Fang, let's get started." Secretary Wu said.

The chairman nodded: "Lawyer Fang, do you have any findings?" ”

"Chairman, yesterday I read the case file materials, and I think that the facts of the case determined by the court of first instance are unclear, the evidence is insufficient, and the law is wrongly applied. It is possible that the defendant Hua Xiao is not guilty. Fang Yi said.

"Why?" The chairman said quietly.

"There are four reasons: 1. The appraisal conclusion of the appraisal report submitted by the prosecutor shows that neither the defendant Hua Xiao nor the victim's lower body has detected human DNA, which can confirm that Hua Xiao did not have an X relationship with the victim.

2. The available evidence cannot prove that the defendant Hua Xiao violated the victim by violence, threats, or other means, and that the defendant's confession is roughly the same as the victim's statement, all of which prove that the defendant did not use violence.

3. The available evidence is insufficient to prove that defendant Hua Xiao had a relationship with the victim against her will. According to the victim's statement, his resistance to the defendant was only verbal, and there was almost no physical resistance, which can be understood as half-pushing and half-complimenting.

Fourth, the scene of the incident was at the safety exit of the nightclub, and for fire safety reasons, the iron gate of the safety exit was open, and people often went there to smoke and chat, and according to the posture of both parties and the surrounding environment, without the cooperation of the victim, Hua Xiao would not have succeeded at all.

To sum up, I believe that the defendant Hua Xiao did not constitute a crime, and he could make a not-guilty defense in the second instance. Fang Yi said.

"Lawyer Fang, if the procuratorate adds other new evidence, do you have a plan B?" The chairman asked.

"Criminal cases are different from civil cases. The Criminal Procedure Law does not make specific provisions on the identification, handling methods, and procedures of new evidence in the second instance.

However, theoretically, it is generally believed that the doctrine of the presentation of evidence at any time is adopted in criminal proceedings, and the prosecution and defense can submit new evidence to the court of second instance at any time.

If the new evidence is favorable to the defendant, the court can generally directly accept it on the premise that the second-instance trial is open for cross-examination. If the new evidence will directly affect the defendant's conviction or increase the punishment, and is not conducive to the defendant, the court of second instance will generally remand for a new trial, so as to protect the defendant's right to cross-examine the key evidence in both trials.

Of course, in judicial practice, not all courts will do this, but the vast majority of courts will do so.

If the procuratorate presents new evidence, it will depend on whether it is in favor of the defendant. Without credible and sufficient evidence, ordinary courts cannot find that the defendant Hua Xiao has committed a crime.

There is no principle in the Criminal Code that there is no doubt about the guilt. For smart people, Fang Yi feels that there is no need to say too much.

Since the chairman can rise to the top in the fierce competition and can still take charge of the Fahrenheit Group, it shows that she is not a stupid person. Dealing with smart people is sometimes easy to deal with, and it doesn't take much time to talk.

……

An hour later, Fang Yi and Secretary Wu walked out of the villa and started the car to drive towards the city.

"Secretary Wu, what do you think?" Fang Yi asked.

There are some things that are clear to bystanders, and Fang Yi belongs to an insider, and may not be understood by Secretary Wu.

"I think it's about the same, when Lawyer Zhao came yesterday afternoon, it was similar to what you said, but you said one more thing than her. And for the matter of new evidence, she is obviously not as good as your answer, your theoretical foundation is more solid than that of Lawyer Zhao, and the content of your answer is concise and to the point, at least I can understand it.

I heard Aunt Zhang say that the chairman has met with five lawyers in a row in the past few days, and what they said seems to be very good. There is still competition. But I'm more confident in you. Secretary Wu said.

"Do your best to obey the fate of God, how do I feel that taking cases is like taking exams." Fang Yi glanced at Secretary Wu meaningfully.

"This is called an advantage, people have capital in their hands, and there is naturally room for selection for professionals, if you become a titan level, when these people need you to come forward, the status of both sides will naturally be transferred.

When I was a child, I wanted to be a scientist, and I thought that scientists were the best, and that scientists created things that money could not buy. But then I found out that I wasn't that material, and I couldn't even understand algebra, so in order to make money, I could only follow the capital all day long and make some money that was not on the table.

Only people choose my share, and I have no choice at all. Secretary Wu sighed.

"Don't think so, a black cat and a white cat are good cats when they catch mice. There is no distinction between work and so on, just make money. Fang Yigui persuaded.

"I think it's half right, as long as you make money, it's a good job, but the job is divided into three, six, nine and so on, if you let the sanitation workers become the bank presidents, the sanitation workers will definitely be happy.

But on the other hand, let the bank president sweep the streets, the president is definitely unwilling, because he can't put down his face, what is the face, it is three, six, nine and so on. It's not rough, right? Secretary Wu said.

"Well, that makes sense." Fang Yi nodded.

In the villa, in the study, Zhang Jun sat on a chair, holding a cup of coffee in his left hand and a delicate small spoon in his right hand, stirring coffee gently and elegantly, looking out the window with his eyes.

Aunt Zhang, who was standing on the side, saw the chairman like this, and coughed lightly: "Do you want me to change a cup of hot one for you, the coffee is already cold." ”

"No, which of the three lawyers we have seen in the past few days do you think is more suitable?" Zhang Jun looked at Aunt Zhang.

"I'm just a subordinate, how can I understand this. But the feeling that lawyer gave me...... Seems ok.

Oh, by the way, today Secretary Wu secretly stuffed me with a red envelope and asked me how many lawyers have you met. Aunt Zhang said.

"What do you say?" Zhang Jun asked quietly.

"I said you met five of them and told him that the lawyers were good." Aunt Zhang said.

Zhang Jun smiled: "Aunt Zhang, the pressure you put on him is not small!" ”

"Secretary Wu has harmed our Xiaoxiao so badly, how can I rectify him." Aunt Zhang gritted her back molars.

Don't look at Aunt Zhang and Zhang Jun is a master-servant relationship, but the two are close, she has been by Zhang Jun's side for some years, and she is Zhang Jun's most trustworthy person.

Recently, Kavin, there are fewer updates, save some drafts and explode more!

(End of chapter)