Chapter 693: Inducement to testify
In the afternoon, Guo Wenzhi's wife came to the law firm and went through the entrustment procedures for the second instance.
Soon after, Lawyer Wang from Director Du's team asked the assistant to send the case file materials to Fang Yi, who originally wanted to find out about the case, but the assistant said that Lawyer Wang had gone to another province for a trial, and it was estimated that it would take two or three days to come back.
Fang Yi looked at the back of the assistant leaving, and was suspicious in his heart, he couldn't understand whether Lawyer Wang was really on a business trip, or whether he was dissatisfied with Director Du's transfer of the second instance of the case to the lawyers of other teams, and was unwilling to cooperate with him. But he thought about it again, anyway, Lawyer Wang and himself are not in the same team, and it doesn't matter if everyone eats according to their abilities. Law firms are not companies, and there are no such complicated interpersonal relationships.
The next afternoon, Fang Yi went to the detention center to meet with lawyer Guo Wenzhi.
Although Guo Wenzhi and Fang Yi both practice at Wanhua United Law Firm, the two belong to two different teams, and Fang Yi and Fang Yi have no intersection with him before, nor do they know each other.
Wanhua United Law Firm is not a paralegal, there are more than 200 lawyers alone, and there are two teams as large as the three directors. The other lawyer teams, although there are not many people, maybe only three or four, or even two or three lawyers, but there are also eight or nine. Usually everyone is busy with their own work, and Fang Yi can't know everything.
Even within the WAGO legal team, Fang Yi did not know all the lawyers in the legal team and the negotiation team, and most of the lawyers were just familiar with each other, unable to name them, let alone have any intersections.
Guo Wenzhi in the detention center has long lost the demeanor of a lawyer, no matter what the final verdict is, he is currently a prisoner, so he has to follow the rules of the detention center, so that you can't squat and stand, and you can't wait for you to be in a hurry. No matter how beautiful you are outside, you have to be honest when you get inside, because the freedom is gone!
Fang Yi looked at Guo Wenzhi, who was sitting opposite: "Lawyer Guo, Director Du has talked to me, and I will defend you in the second instance." ”
"Hmm." Guo Wenzhi laughed miserably and looked at Fang Yi: "I feel quite funny, the position where you used to sit was my ......"
"Now that it's like this, you shouldn't think too much about it. I've read the case file, you can tell me more about the incident, I need details. Fang Yi looked at Guo Wenzhi in front of him, and felt very uncomfortable.
The job of a criminal lawyer is actually to dance on the tip of a knife, and when you dance well, everyone applauds. If you don't jump well, you will be in prison like Guo Wenzhi opposite. Of course, you can also choose to compromise, tepid, and mumbled work, but even then you don't know when you will step on the red line and say the wrong thing. In short, this job is not something that can be done well with a lawyer's certificate in hand, and it is easy to send yourself in.
"Well, I see what you mean. I took on a criminal case before...... "Guo Wenzhi is also a lawyer, and he also handles criminal cases, but he doesn't have as good luck as Fang Yi, and he doesn't have such a deep theoretical foundation, but he understands Fang Yi's words."
At the beginning of this year, Guo Wenzhi was introduced to Xu Chunming, the elder brother of the criminal suspect Xu Chungen, who was arrested by the public security organs on suspicion of theft, and Xu Chunming consulted Guo Wenzhi twice for his brother's case. Later, Xu Chunming entrusted his younger brother's case to Guo Wenzhi to handle it.
After accepting the commission, Guo Wenzhi went to the detention center to meet Xu Chungen, and learned that Xu Chungen was originally an employee of an iron factory, and he took advantage of his work in the factory and was familiar with the environment, and collaborated with others to steal Wang Batie (pig iron for casting) from the factory many times. At the time of the incident, the truck driver who came to the factory to deliver goods drove the truck to secretly pull Wang Batie out of the factory, and was discovered by the factory security department, and then called the police.
According to the truck driver's confession, he and Xu Chungen were friends, and on the day of the incident, Xu Chungen and another colleague surnamed Li conspired to steal Wang Batie from the factory, and he was responsible for transporting it, and the three of them shared the spoils after the incident. Wang Batie in the car was installed with the help of Xu Chungen and his colleagues.
After investigation, the public security department determined that Xu Chungen and the other three had stolen Wang Batie in the factory six times, and the value of the stolen Wang Batie was 31,300 yuan. The last theft of Wang Batie was worth 3,800 yuan.
After that, Guo Wenzhi went to the detention center again to meet Xu Chungen, during which Xu Chungen argued that he was not involved in the theft on the night of the crime, and that he had been drinking at his friend's house on the night of the crime.
After the meeting, Guo Wenzhi invited Xu Chunming to the teahouse and told him that Xu Chungen did not admit the last theft charged in the indictment, and whether the theft was established or not was related to Xu Chungen's sentencing (the standard for the amount of theft: the standard for the crime of theft: the standard for "huge amount" is 30,000 yuan to more than 100,000 yuan, and the standard for "relatively large" is 1,000 yuan to 3,000 yuan or more, because there are no special regulations in the province, the starting point for a huge amount is 30,000 yuan, and Xu Chungen's theft amount is just stuck online). If Shi Dali can testify, the last theft cannot be established, and the amount stolen is less than 30,000 yuan, and the court can only find that Xu Chungen's theft amount is relatively large, and sentence him to fixed-term imprisonment of not more than three years, criminal detention or controlled release; Otherwise, Xu Chungen is likely to be sentenced to more than three years to less than 10 years in prison.
Guo Wenzhi asked Xu Chunming to go to Shi Dali to see if the latter was willing to testify.
As soon as Xu Chunming heard that his brother's sentence could be reduced so much, he called Shi Dali to his home that day. Later, Xu Chunming was afraid that he was unprofessional, and the witness testimony issued by Shi Dali was not standardized, so he invited Guo Wenzhi to his home.
Guo Wenzhi briefed Shi Dali on Xu Chungen's theft, the fugitives of other suspects in the same case, and his meeting with Xu Chungen. At the same time, he told Shi Dali that if Shi Dali could testify against Xu Chungen, he could reduce Xu Chungen's culpability and save Xu Chungen from being in prison for several years. Shi Dali agreed to Guo Wenzhi and Xu Chunming's request out of affection.
Subsequently, Guo Wenzhi induced Li to interrogate Li in the form of answering "yes" or "no" as long as Shi Dali was at the time of the crime, and made an investigation material that Xu Chungen and Shi Dali were drinking together at the time of the crime, and Xu Chungen did not steal the time of the crime.
Guo Wenzhi deliberately wrote the investigators as Guo Wenzhi and the paralegal, and the location of the investigation was written as Shi Dali's house, and instructed Shi Dali that if anyone asked about the investigation, he said that Guo Wenzhi and the paralegal were investigating at Shi's house.
After that, Xu Chungen's theft case was tried in open court, and during the trial, Xu Chungen retracted his original confession in court, arguing that he had drunk with Shi Dali that night and did not commit the crime.
In order to verify the facts of the case, the presiding judge announced an adjournment.
After that, the prosecutor of Xu Chungen's theft case, the presiding judge of the court, and Guo Wenzhi went to Shi Dali to investigate and collect evidence, and Shi Dali's words were consistent with his previous testimony.
(End of chapter)