"Based on the prosecutor's defense and response, the defense counsel issued the following defense opinions:

According to the first paragraph of article 306 of the Criminal Law, the crime of obstructing testimony by a defender refers to the act of a defender destroying or fabricating evidence in criminal proceedings, helping a party to destroy or fabricate evidence, threatening or inducing a witness to change his testimony contrary to the facts, or to give false testimony.

In addition, according to article 35 of the Criminal Procedure Law, the defender's responsibility is to submit materials and opinions that prove the innocence of the criminal suspect or defendant, the minor crime, or the reduction or exemption of criminal responsibility on the basis of facts and law, so as to safeguard the lawful rights and interests of the criminal suspect or defendant.

According to the above provisions, after accepting the client's entrustment, the lawyer needs to actively carry out work and obtain evidence favorable to the defendant based on the facts of the case.

Of course, this can easily be understood by ordinary people as lawyers taking money to do things, and in order to make money, they will unscrupulously exonerate the defendant and reduce their criminal responsibility, and it is easier for non-legal people to mistakenly believe that the defender has participated in the falsification of evidence and other acts that obstruct testimony.

But in fact, this is not the case, and the positive actions of lawyers are all for the sake of due diligence, which is the duty of lawyers. Could it be that after accepting the client's entrustment, the lawyer should sit in the law firm all day long, drink tea and count the money, and not look for evidence favorable to the defendant for the benefit of the defendant, so that the defendant can get a fair judgment? ! Is it wrong for a lawyer to be more active? Obviously, the answer is no.

Therefore, it is one-sided and not enough to win credibility by inferring the defender's subjective intent solely on the basis of the defender's positive attitude in investigating and collecting evidence and certain acts of evidence collection, nor can it be used as the basis for adjudicating a criminal case.

In judicial practice, although it is inappropriate to exempt defenders from legal responsibility for all misconduct in the performance of their duties, unduly expanding the scope of legal responsibility for defenders is bound to restrict, or even covertly deprive defenders of their right to exercise their defense, thus hindering lawyers' performance of their duties.

In summary, the defense argued that the appellant's behavior and positive attitude in the Xu Chungen theft case could not prove that he had subjective intent. Complete. Fang Yi responded.

Fang Yi's response was a bit ruthless, comparing the female prosecutor opposite with ordinary people and non-legal people, this is a civilized way of insulting people (swearing people without spitting dirty words), which is equivalent to telling the two ladies opposite, don't be blind if you don't know the law.

The two female prosecutors opposite naturally heard Fang Yi's subtext, and their faces were ugly for a while, their stomachs were full of anger, and they couldn't let it out, which was uncomfortable.

Although everyone in the auditorium did not speak, their hearts were churning, Lawyer Fang's mouth is really able to speak, dare to speak, and say so uplifting! However, the girl on the other side is really annoying when she speaks, and if the lawyer is active, he has the intention of obstructing testimony and participating in the fabrication of evidence, which is too bold, and he will simply give the court to you.

Although lawyers are a vulnerable group (relatively speaking), they also have their own dignity (although this dignity is weak in front of large clients). Lawyers express their defense opinions in court, not only to make ends meet, but also to promote the progress of the legal system, for the sake of a trace of stubbornness that has been buried deep in the bottom of their hearts, and it is worthwhile for a lawyer's speech in court to play even a little role.

……

After a 10-minute adjournment, the members of the collegial panel entered the courtroom again, and the presiding judge announced the verdict in court.

After the trial, the Intermediate People's Court held that the evidence on which the original judgment was based to find that the appellant Guo Wenzhi had induced him to commit perjury during the investigation of the witness Shi Dali was only Shi Dali's testimony, and lacked the corroboration of other persons present at the time. Appellant Guo Wenzhi denied this section after his return to the case and during the first and second instance trials, so it was found that the factual evidence for this section was insufficient.

The other facts ascertained in the original judgment are valid, but it is difficult to determine that the appellant Guo Wenzhi subjectively had the direct intent to obstruct the testimony based on the existing evidence and the facts that have been proven. The factual evidence found in the original judgment was insufficient.

The final judgment of the Intermediate People's Court is: 1. Revoke the criminal judgment of the original people's court; 2. Appellant Guo Wenzhi is not guilty.

"Wocao, I really found not guilty!" In the auditorium, among the lawyers brought by Director Du, a male lawyer in his thirties directly expressed his surprise in a foul language after hearing the verdict.

Guo Wenzhi in the dock was handcuffed and stood up. He looked at Fang Yi, his eyes full of gratitude.

After Fang Yi signed the transcript and walked out of the gate of the court, in the Mercedes-Benz outside the gate, Director Du opened the door and got out of the car and waved at him. Fang Yi walked over quickly.

"Director Du, is there something wrong?" Fang Yi asked with a tired smile.

"Well done. I owe you a favor, call me directly if you have something, and I will definitely help you. I hope that we will have long-term cooperation opportunities in the future. After speaking, Director Du put on sunglasses and got into the car. The Mercedes slowly drove away from the side of the road.

Fang Yi looked at the Mercedes-Benz car that was gradually moving away, and said secretly: Long-term cooperation! What does that mean? Cut the ground from under somebody's feet!

Fang Yi took out his mobile phone and took a look, there was a missed call, it was Li Mingbo. Fang Yi dialed back.

"Hello? Lawyer Li, my Yi, the court just now, the mobile phone was muted and I didn't hear it, is there something? Fang Yi didn't know what he was calling and asked.

"It's nothing, do you remember the lawyer Zhou Shenzhou you introduced to me before?" Lee Myung-bak said excitedly.

"Remember, what's wrong? You went to him for an interview? As soon as Lee Myung-bak mentioned Zhou Shen, Fang Yi instantly understood that it must be Lee Myung-bak who went to Zhou Shen for an interview.

"Ah, I went, Lawyer Zhou is very good. Tell me that the branch is being registered during this time, let me come to the city to adapt to the environment, do some non-litigation work first, review the contract, answer the inquiries of the enterprise, and wait for a few days after the procedures of the branch are completed, and then I will transfer the procedures. Lee Myung-bak smiled like a flower.

"Have you talked about the salary?" Fang Yi was afraid that Lee Myung-bak would be happy with the patronage, so he forgot to talk about the treatment.

"After talking, during this time, lawyer Zhou paid me a salary according to the company's legal standards, and when the lawyer relationship passed, I will be treated as a lawyer, and the benefits are quite good." If Fang Yi saw Lee Myung-bak's expression at this time, he would definitely drop his jaw in shock, and Lee Myung-bak was now smiling with teeth all over his face.

"That's a good thing, congratulations! Congratulations! Come and sit down with me when you have time, and I'll invite you to dinner. Fang Yi said with a smile.

"Don't, I ask you, you helped me solve the problem of work, this is a big deal. I have to thank you very much, you can choose the restaurants in the city. …… Okay, you are busy first, I am on my way back to the county now, I will arrange for the next few days, and I will start to work at Lawyer Zhou's next week. After saying that, Lee Myung-bak hung up the phone.

After putting away his mobile phone, he sat on the long-distance bus back to the county and wondered if what he just said was a bit big, inviting someone to eat at the best restaurant in the city, getting a lot of money, if he can't go back, he will first find his daughter-in-law to advance some living expenses, otherwise he can't afford to pay for the treat, how embarrassing!

(End of chapter)