Two days later, Guo Wenzhi came to the detention center again to meet Xu Chungen, and Guo Wenzhi told him the contents of Shi Dali's testimony.

In mid-March, Xu Chungen's theft case continued to be tried in court. After learning the content of Shi Dali's testimony, Xu Chungen continued to insist on the retraction of his confession made at the previous trial, and his retraction statement was very different from Shi Dali's testimony.

However, after deliberation, the three judges of the collegial panel at the first instance did not accept Shi Dali's testimony and pronounced the verdict on Xu Chungen in court.

After that, Xu Chungen was dissatisfied with the verdict and appealed.

During the second trial, Xu Chungen's accomplice was arrested in other provinces, and he confessed to the process of stealing Wang Batie in the factory with Xu Chungen. The public security organs found Shi Dali to verify the situation, Shi Dali couldn't bear the pressure, and finally told the situation of testifying, and put all the responsibility on Xu Chunming and Guo Wenzhi.

Subsequently, the public security organs summoned Xu Chunming and Guo Wenzhi, and when Xu Chunming saw that the matter was exposed, he only said that he had asked a lawyer to come over to inquire about the case, and he did not admit anything else, and did not fall into the ground, and threw the pot to Guo Wenzhi.

Subsequently, the case was transferred to the procuratorate, which charged Guo Wenzhi with the crime of obstructing testimony and filed a public prosecution with the court.

The court held that during the period when the defendant Guo Wenzhi was Xu Chungen's defender, in order to reduce the amount of Xu Chungen's theft from huge to large and reduce Xu Chungen's culpability, he used the method of inducing questioning to induce witnesses to give false testimony when he was making a big gift, and his conduct obstructed the normal progress of the criminal proceedings and constituted the defender's crime of obstructing testimony.

Finally, in accordance with the provisions of Article 306, Paragraph 1 of the Criminal Law, the court sentenced the defendant Guo Wenzhi to one year in prison.

After the first-instance verdict was announced, Guo Wenzhi refused to accept it and appealed to the Municipal Intermediate People's Court on the grounds of innocence.

Fang Yi quietly listened to Guo Wenzhi's narration, to say that Guo Wenzhi was wronged, his approach was indeed flawed, but to say that lawyer Guo constituted a crime, Fang Yi felt that the prosecution's evidence was not so perfect.

"Lawyer Fang, I know that your professional level is higher than mine, you helped me find a way, I really didn't want to obstruct the criminal proceedings at that time. I just felt that there was an opportunity to reduce the sentence for the defendant and strive for the maximum benefit of the defendant, so I ...... that I was wronged. Guo Wen looked at Fang Yi directly, his eyes a little moist.

The first time he saw Fang Yi, he understood that his master, Director Du, had done his best, and the lawyers in the team would definitely not be optimistic about his case, otherwise Director Du would not have asked for foreign assistance.

"Well, I'll study the case again, don't worry, we are all from the same law firm, and I will do my best." Fang Yi nodded.

In the director's office of Wanhua United Law Firm, Fang Yi was drinking tea, but his expression was not relaxed. Opposite him, Director Du and Director Wan, after listening to his analysis of Guo Wenzhi's case, looked at him quietly.

"Lawyer Fang, how sure are you about this case?" Director Du thought for a while and asked.

"This case, judging from the existing evidence, is very unfavorable to Guo Wenzhi, but it is not invulnerable, although the cross-examination of the evidence in the case in the first instance has been completed, everything that should be said has been said, and there is no new evidence.

However, only the testimony of the witness Shi Dali, and the other evidence is relatively weak, and in this case, Guo Wenzhi's crime may not be convicted.

And we can defend ourselves from other angles, so there is still a chance in this case. Fang Yi put down the teacup and said.

"Well, I have also read the case file before, and the evidence is indeed unfavorable to Guo Wenzhi, from which angle are you going to start?" Director Du asked with a concerned expression.

"I'm going to look for a defense from a subjective point of view. Although we could not find any favorable points in the evidence, it was difficult for the procuratorate to prove that Guo Wenzhi had the intention to obstruct the testimony from the subjective intent. I am ready to defend from this point of view. Fang Yi said with a serious face.

"Will this work?" Director Du was a little skeptical of Fang Yi's words, she had discussed the case with the criminal lawyer in the team before, and everyone agreed that it was unlikely that the defense of this case would be successful, and they had no bottom in their hearts, because the evidence provided by the procuratorate was very strong.

Whether it is a civil case or a criminal case, a lawsuit is evidence, just like hitting a snake and hitting seven inches, the fatal position is held by the other party, and the probability of turning over cannot be said to be none, but it is too slim. Unless there is a miracle!

"Unlike civil cases, the defendant does not need to prove his innocence, and the burden of proving the defendant's guilt lies with the prosecution, not with the defense lawyer. I'm right to say that! Fang Yi looked at Director Du.

"Well, we all know that." Director Du and Director Wan nodded.

"The problem now is that the evidence submitted by the procuratorate is relatively complete, of course, not so perfect, and there is another element to determine the crime of obstructing testimony, and the defendant must have subjective intent.

So far, Guo Wenzhi has not admitted that he has the intention of obstructing testimony, and has always emphasized that he heard Xu Chungen say that he was drinking with Shi Dali on the night of the crime, so he went to investigate and collect evidence.

Although there were some flaws in the process of investigation in terms of procedures and the content of the questioning, these flaws did not necessarily cement the charge of obstructing his testimony, nor did they necessarily prove that he had criminal intent. There are other possibilities in this case.

The purpose of my defense is to magnify this reasonable possibility infinitely. Of course, there is a certain amount of risk in this, and there is also an element of luck. After Fang Yi finished speaking, he stared at the two directors and waited for their reply.

"Well, I think it's doable." Wan Kefa nodded after hearing this.

"Well, since there's no better way, let's do it." Director Du nodded and agreed with Fang Yi's defense plan.

"Okay, then I'll go back and prepare defense opinions, the second instance of Guo Wenzhi's case will be heard next Wednesday, Director Du, do you want to go to observe?" Fang Yi asked.

"It depends, if I don't have anything to do next Wednesday, I'll hear about it." Director Du smiled.

After Fang Yi left, Director Du picked up the teacup and was about to drink tea, when he suddenly paused and turned his head to look at Wan Kefa: "Lao Wan, where did you get Lawyer Fang from?" ”

"You have to ask Lao Hua about this, he didn't throw it at me. To be honest, I didn't plan to ask for it at the beginning, he forced it into me. You must not talk about this in front of Lao Hua, he has bad blood pressure! Wan Kefa hehe thief smiled, look at that, like a very cheap and well-behaved old fox.

"Cut! You don't play tricks on me. I won't tell Lao Hua. In this way, Lawyer Fang needs to know more about Guo Wenzhi's case, let him stay in our team for a while, and wait until this case is over......" Director Du was halfway through his words, and he saw a sudden change in Wan Kefa's eyes.

"Don't! Don't! Good guy, I was almost taken into the ditch by you, Lao Hua is asking for a clear robbery, you are a Ming Xiu plank road dark Chen Cang.

Our brothers settle accounts, lawyer Fang is a partner of our law firm, and he is also a member of my team, you can't dig into the wall. Wan Kefa glared like a cat with its tail stepped on.

"Well, look at your stingy look! None of them were seconded. The lawyer in my team asked you to choose, how about we have a one-on-one secondment? Director Du asked unrelentingly.

"No need to talk about it! Absolutely not. ”

"I'll give you another place, and you'll think about it......"

"No change! I'm a small family, and I can't afford to raise a ...... when there are too many people."

Two chapters were made up in the evening. Thank you for your support.

(End of chapter)