"But hasn't the procuratorate changed the charge to the crime of acquiring stolen goods? Is it really good for us to do this? Yun Qiao tilted his head and asked.

"There's definitely a role, because you're not sure what the judge will think. In the case of insufficient evidence, although it is possible for the judge to convict the defendant on the basis of presumptions, in view of the insufficient evidence and the defendant does not admit guilt, the judge may have certain considerations in sentencing. Fang Yi replied.

"Also, the defendant has never pleaded guilty, and there are no statutory mitigating circumstances, and we don't have a good way to ......, but I always feel that Gu Jun is lying." Yun Qiao said.

"Yun Qiao, you have to remember that seeing is not necessarily believing, what is black is not necessarily really black, and what is white is not necessarily really white, and habitual thinking can sometimes deceive people, so Gu Jun's case, it's hard to say, our job is to defend Gu Jun based on the available evidence.

As for whether Gu Jun really committed a crime, the burden of proof is not on us, in the procuratorate, when everything is unclear, we can doubt everything, but our job is to work in the direction of benefiting the defendant, because we are the defendant's defender. Fang Yi was afraid that Yun Qiao wouldn't understand, so he deliberately explained it again.

"Well, I understand. Lawyers should consider issues from a legal point of view, and try not to mix personal likes and dislikes or emotions. Yun Qiao nodded.

"That's right. In the future, if you encounter a case that you can't accept on your conscience, you can not do it, don't force yourself to do it, otherwise you will be very entangled and will have a lot of psychological pressure. Fang Yi smiled.

After Yun Qiao left, Fang Yi began to prepare the defense of Gu Jun's case.

Soon, Gu Jun's case was opened, and Gu Hongqing observed the trial.

This trial is the most uncomfortable trial that Yun Qiao has participated in so far, and throughout the trial process, although the prosecution and defense have dealings, most of the time, the defender is being pressed by the prosecutor.

The prosecutor moved out all the content that Fang Yi had said to Gu Jun and his son before, and hit the defendant's dock and the defense bench with a shot. Although Gu Jun was mentally prepared, he was still asked and began to doubt life.

Fang Yi had long expected that today's trial would not go well, so he had been mentally prepared. He had only one purpose in defending himself, and the available evidence was not enough to prove the guilt of the accused. In fact, the prosecutor really could not adduce evidence that could directly prove the guilt of the defendant, everything was presumptive.

Gu Hongqing, who was in the auditorium, chanted Buddha vigorously in his heart, and the five bodies that the other party admired in his heart threw himself to the ground: Lawyer Fang is really good, and the questions asked by the prosecutor are basically all questions that Lawyer Fang asked us to give a reasonable explanation. It seems that the final verdict ......

After the trial, the presiding judge pronounced the verdict in court.

The court held that, in this case, apart from the statement of the defendant Gu Jun, although there was no direct evidence to prove that the defendant had the intention of "knowingly", according to Article 17 of the "Provisions on the Investigation and Punishment of Cases of Theft and Robbery of Motor Vehicles in Accordance with Law" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Administration for Industry and Commerce, it can be deemed that the defendant should have known when the formalities of motor vehicle documents are incomplete or the provisions are clearly violated.

Accordingly, the court held that the defendant Gu Jun subjectively had the criminal intent of "knowingly" and objectively purchased the stolen car, and the crime charged by the public prosecution was established.

In accordance with the provisions of Articles 312 and 53 of the Criminal Law, it was decided that the defendant Gu Jun was guilty of the crime of purchasing stolen goods, and was sentenced to one year of controlled release and a fine of 1,000 yuan.

After hearing the verdict, Gu Jun in the dock was dumbfounded, and his illusions were shattered.

In the auditorium, Gu Hongqing looked remorseful, if he had known that his son would be sentenced to one year of supervision, it would be better to admit guilt and accept punishment, and let Fang Yi communicate with the prosecutor to strive for a suspended sentence. Regret it!

After the trial, Gu Hongqing watched his son being taken out of the courtroom by the bailiff, and his eyes were full of reluctance and remorse.

"Lawyer Fang, this case ...... I might as well have listened to you at first. On the side of the road outside the gate of the court, Gu Hongqing looked at Fang Yi with a tangled expression.

Yun Qiao on the side was faintly gloating: I told your father and son a long time ago, this case will definitely be found guilty, but you don't believe it, you have to try. It's okay this time, it's late! But fortunately, the sentence was not heavy, and it basically met expectations.

"Mr. Gu, do you want to appeal? I advise you that even if the case is appealed, it is unlikely that the verdict will be reversed. Fang Yi looked at Gu Hongqing and persuaded.

"No, I accept the sentence and do not appeal. Actually, my son ......," Gu Hongqing said hesitantly.

"Mr. Gu, there are some things you know, for us, we can only defend based on the evidence in the case, as for what the facts look like, it doesn't necessarily matter." Fang Yi didn't wait for him to finish and said.

Gu Hongqing was stunned for a moment, and then said, "Well, you're right. Thank you. ”

After Mr. Gu left, Yun Qiao asked curiously, "Master, does he want to tell us the truth?" Why don't you listen to it? ”

Fang Yi looked at Yun Qiao, who was like a curious baby: "Does what he said have to be the truth?" ”

Yun Qiao blinked, then shook his head: "It's hard to say." ”

"So, does it matter if you listen or not? It only adds to your troubles, so why bother! After Fang Yi finished speaking, he walked towards the Toyota car parked on the side of the road.

Fang Yi sat in the passenger seat, looked ahead, and said lightly: "Yun Qiao, do you know Enron Company?" ”

"Enron? Is it the one that the beautiful country has collapsed? Yun Qiao, who was driving, replied.

"Yes. Enron was once one of the world's largest energy, goods and services companies, ranked seventh on Fortune's 500 most beautiful countries, and claimed to be a global leader.

The company was served by the world's fifth-largest accounting firm, and the accounting firm that provided services to such a giant company actually committed financial fraud and collapsed because of financial fraud, and the accounting firm that provided services for it was punished.

I think his fall is significant, at least it has changed the attitude of professional service organizations towards their customers. Fang Yi said.

"What do you mean?" Yun Qiao didn't understand Fang Yi's words too much.

"Before the company collapsed, accountants treated their clients with trust first, and then look for financial flaws. After the collapse of the company, the accountant's attitude towards the client was to first doubt, then to verify, and finally to selectively trust.

I think this is worth learning from, no matter what background the client has, what endorsements there are, even if the client has the halo of an angel on his head and there is evidence to support everything, the lawyer cannot fully believe the client's words.

For the evidence is dead, and man is alive. Don't believe it easily, you must doubt it first, and then verify it little by little. This is the professional and cautious attitude.

To sum it up, it can be summed up in eight words: be bold and doubtful, and be careful to verify! Fang Yi explained.

(End of chapter)