Becoming a lawyer starts with raising a Xiezhi

Chapter 523 White Lies
The prosecutor said that in the case of contract fraud on behalf of the victim, the defendant fabricated facts about helping the victim find a relationship and defrauded the victim of 810 million yuan in cash in three installments. The facts are clear and the evidence is sufficient. The defendant should be held criminally responsible for fraud. , it is recommended to be sentenced to fixed-term imprisonment of more than ten years.

After the public prosecutor's opinion was published, Wei Tiancheng defended himself first. Wei Tiancheng said: "I did not defraud others, and I did not intend to illegally occupy other people's money. The client only gave me money because I was his defense lawyer, looking for a relationship. The matter was brought up by the parties concerned. I asked them for money, and I also wanted to handle the case well, not to illegally occupy the money of the parties. The indictment accused me of committing fraud. I am being held criminally accountable for the violations in my practice, which is a serious violation of my human rights, and I hope the court can convict me.”

Wei Tiancheng still refused to plead guilty. After he expressed his self-defense opinion, the defense lawyer began to defend him: "The defender believes that the defendant's behavior does not constitute a crime of fraud. The defendant is a senior lawyer and has a certain degree of social standing. Under normal circumstances, his fees for representing such a large subject matter are about 600 to 30 yuan. However, in this case, it was determined that his legal legal fees were only [-] yuan. This is inconsistent with the facts. As a lawyer, the defendant Providing legal services to parties, and legal services are complex services. They not only need to grasp the law and facts, but also need to have rich social experience and communicate with public prosecutors and legal personnel. Therefore, when handling cases, lawyers collect There are some additional expenses for the client, and the client only pays the lawyer this fee because the lawyer has professional advantages and resources in this area. Sometimes, the lawyer is not willing to help the client find a relationship, but some The client hopes that you will find a relationship for him and is willing to spend the money, but lawyers sometimes do so reluctantly.

In this case, the defendant is the criminal defense lawyer of the victim. He has to fulfill the responsibility of defending the victim and finding a relationship for the client. Although it does not meet the regulations, this situation is common in reality, and the client also believes in a capable lawyer. It must be a lawyer with a relationship. If there is no relationship, the client will not believe you. In this case, he discussed with the client whether to find a relationship and whether it will cost money. The client is very clear. After paying these expenses, subjectively, it is still necessary to find a relationship for the client, rather than trying to illegally possess it, and the defendant did try his best to find a relationship for the client afterwards, and communicated with the personnel of the case-handling agency. Going out is the result after the event, not the defendant's deliberate act before the event. To determine whether a person is a fraud, we need to see whether he has the intention of illegal possession. Based on the facts and evidence of this case, it can be said that the defendant did not illegally The intention of possession, subjectively, does have the idea of ​​finding a relationship for the party concerned, and he has also worked hard. Therefore, if it is found that he has the intention of illegal possession, which is inconsistent with the facts of the case, the collegial panel should pay attention.

Secondly, the more than 800 million yuan was collected in three installments. If the first time the defendant said it was to find a relationship, then the second time he said it was to find a relationship, would the parties believe it?The defender believes that the money can still be counted as part of the lawyer's fee. The defendant said that the 800 million lawyer's fee was indeed agreed in advance, but the party did not give it to him later, and he asked for it in the name of the fee for finding a relationship. It is also reasonable to come here. It not only helped the client find a relationship, but also charged the lawyer's fee. This is a very normal behavior, and there is no intention of illegal possession.

Third, the recording provided by the victim was retrieved from the computer, not from the mobile phone. If the victim transferred the recording from the mobile phone to the computer, there is a possibility of contamination without anyone else witnessing it. It is illegal for the investigative agency to obtain evidence, and the evidence it obtains should not be used as the basis for deciding a case.

Fourth, the victim finally agreed to sign a lawyer's fee contract with the defendant. The victim claimed that the defendant told him that the contract was signed in order to cope with the tax inspection. The defender believed that his statement was untrue because the client also knew that the fee was for It is impossible to smooth the relationship and be reflected in the income of the law firm. How can the tax inspection detect it?If it is the law firm's income, doesn't it prove that this fee is the lawyer's fee charged by the defendant?

The fact that the victim made the recording secretly just showed that he knew the reason and truth of charging these fees, rather than being deceived. He was at least wondering what the fees were for. What about surrendering your property by mistake?

You are dubious, and you still want to hand over the money to the liar. How is this possible?Therefore, the victim only wants to pay these fees to the defendant, and the purpose is to allow the defendant to provide defense. As long as the defense is successful, the fee is a secondary thing. As a professional lawyer, the defendant, through his personal professional knowledge and influence, provides The parties provide legal services, so that the parties are willing to pay all the price to let the defendant handle the case well. This is the real reason why the victim is willing to hand over the property to the defendant, not because of the defendant's deception.

To sum up, the defender believes that the defendant's behavior does not constitute fraud, at most it is a civil dispute, and the two parties can resolve this issue through negotiation instead of using criminal means to put the defendant in prison. If this is the case, many parties will regret it , unwilling to pay attorney fees, or other expenses, and fabricate the lawyer's false promises, which will have a serious impact on the lawyer's defense.In the course of practice, in order to appease the client and boost the confidence of the client, the lawyer may say something that does not conform to reality. This is a kind of white lie, just like a doctor in the process of practicing medicine, will tell the patient in good faith that your disease is nothing The question is, the patient believed it, and then continued to stay in the hospital, and finally died. In this case, is the doctor considered a fraud?It's clearly a terminal illness, but you insist that it's fine and needs to be treated. When he said this, did he mean to make money from the patient?If he has this idea, is it an intention of illegal possession?The behavior of lawyers and doctors is very similar, and we should not think that it is above the law at every turn, rising to the level of criminal means. Please consider this point seriously. "

Brothers and sisters, this book is coming to an end. The new book has just been released. Its name is Opening Daji Xiong Law Firm. Brothers and sisters are welcome to support the new book. Thanks!
(End of this chapter)