Chapter 214 The industry is in turmoil and everyone is in danger!(1/2)
Looking at the panic-stricken man with messy hair in front of him, Zhang Wei felt mixed emotions in his heart.
He and Du Yansen are both senior partners of Quan Jing Law Firm, and are both colleagues and competitors who have worked together for many years.
There were fierce battles for clients and positions as senior partners, and they even went to war with each other.
The workplace is like this.
However, the struggle between the two of them was quite open and honest, and there was no such thing as any underhanded tactics behind the scenes.
Now seeing Du Yansen in such big trouble, Zhang Wei did not gloat about his misfortune, but felt quite unhappy.
This brother is also suffering.
First, his practicing license was revoked for one month because of using risk agency in a criminal case. No, as soon as he got his practicing license back, the first case turned out to be even bigger trouble...
"Lao Du, what is going on? Why is your agent still involved in a lawsuit?" Zhang Wei asked doubtfully.
Du Yansen clenched his fists and gritted his teeth: "It's all that bastard Zhang Renjie! I haven't cooperated with him for more than a day or two. I didn't expect that this forced man would actually bite me in court!"
"Zhang Wei, you must believe me. I never asked him to threaten or bribe the victim from beginning to end. How could I do such a thing that interferes with the judicial process?"
"That idiot Zhang Renjie misunderstood what I meant..."
Du Yansen's face looked extremely ugly.
He would never have thought that Zhang Renjie would actually show up like this.
Zhang Wei frowned slightly and slowly rubbed his chin: "According to your statement, there is indeed something wrong with Zhang Renjie's understanding..."
"That's right! I don't know if this guy is missing something in his brain, or if he has the wrong nerve, he can actually come up with such a stupid method! I'm going to step on the horse..." Du Yansen was so angry that he wanted to beat Zhang Renjie to death.
His mother doesn't even recognize him.
"Lao Du, even so, you are still in a lot of trouble."
Zhang Wei's face was quite solemn and he analyzed rationally:
"First of all, you have no way to prove whether your original intention was to mediate or threaten. After all, the word 'get it done' itself is ambiguous and can lead to different understandings."
"Secondly, even if the collegial panel believes that your original intention is good, but... to be honest, as a lawyer, if you do not clearly convey your intention to the client, causing the client to misunderstand, and thus the crime will occur, this in itself is a serious dereliction of duty."
Hear the words.
Du Yansen's eyelids twitched and he said quickly: "I also know that the situation is not good for me now... That's why I came to you for help. Zhang Wei, for the sake of you and me having known each other for many years, you must help me this time!"
"You mean, you want me to be your agent?" Zhang Wei asked.
"That's right!"
Du Yansen nodded heavily, looked directly at Zhang Wei and said: "Zhang Wei, although we have been fighting for so many years, it is only in official matters. We have never had any conflicts in private."
"I believe in your character and your ability. Only you can save me now."
After Zhang Wei pondered for a moment, he grinned, patted Du Yansen on the shoulder, and said: "Old Du, thank you for trusting me so much. Don't worry, since you asked me, I will definitely help you."
"Thank you, really, thank you so much."
Du Yansen clasped his hands together, his face full of gratitude.
Then he looked at Zhang Wei expectantly and asked, "Tell me, can I plead not guilty in this matter?"
Zhang Wei thought for a moment and said in a deep voice: "You are now suspected of abetting a crime. If found guilty, you will be sentenced as a crime of obstructing testimony."
"The conditions for establishing an abettor are that there is an object of instigation, an act of instigation, and an intention to instigate."
"Instigating the target, there is nothing to say about this."
"Instigation behavior, according to judicial interpretation, will be deemed as instigation behavior as long as it causes others to commit illegal acts that meet the constituent requirements."
Hearing this, Du Yansen quickly said: "But the judicial interpretation also states that allowing others to commit so-called unspecified crimes is difficult to be regarded as instigation."
"I just told Zhang Renjie to 'get' the victim, and I didn't explain the specific method. I think this should not be regarded as instigation."
"You are right, we can indeed fight for the recognition of instigation behavior."
Zhang Wei nodded slowly and then said:
"Then it's intentional instigation!"
"Chinese criminal law theory generally believes that the intentional content of the instigator is that he realizes that his instigation will cause the instigated person to have criminal intent and then commit the crime, and that the instigated person's criminal behavior will have consequences that will harm society, and he hopes or allows the instigated person to have criminal intentions.
Instigating people to commit criminal acts and the occurrence of harmful consequences.”
"If the instigator can be identified and does not want or allow harmful consequences to occur, it should not be considered a crime."
"The intention you conveyed subjectively was to ask Zhang Renjie to find the victim to mediate. You could not predict that the other party would misinterpret your intention, develop criminal intent, and then commit the crime."
Zhang Wei narrowed his eyes slightly and said in a deep voice: "If you think so, you should not be deemed to have the intention to instigate!"
"Yes, yes! You are right, how did I know he would understand it that way?"
"No one with a right mind would do such a stupid thing!"
Du Yansen's eyes shone brightly, as if he saw hope.
But Zhang Wei poured cold water on him.
"But Lao Du, don't be too happy too early."
"Having said that, there is still such a saying in criminal law theory."
"If the behavior carried out by the instigator in accordance with the content instigated by the instigator still has the risk of causing the consequences, it is difficult to deny that the instigator has criminal intent and should be punished as an instigator."
Zhang Wei frowned slightly: "If you follow this theory, you are still in some danger."
Hearing this, Du Yansen's expression suddenly changed, and he frowned in thought.
"Criminal law theory does have this statement, but the premise is that the instigator has specific and clear instigation content!"
Du Yansen thought for a moment and then spoke slowly: "But in this incident, I did not instigate Zhang Renjie specifically and clearly. The reason why he committed subsequent criminal acts was entirely based on his own subjective malice."
This chapter is not over, please click on the next page to continue reading! "Perhaps some of it is my reason, but it is mainly his own idea."
Zhang Wei nodded and said: "Yes, we can start from the two aspects of abetting intention and abetting behavior, a two-pronged approach. As long as any one of them is accepted by the collegial panel, you will have a lot less trouble."
"Now the basic litigation strategy and defense ideas have been determined, but we still need to add more details."
"Um!"
Both of them are capable and experienced barristers, and they immediately started discussing the specific situation.
Especially Du Yansen, his thinking is unprecedentedly clear, and he can blurt out various legal provisions and judicial interpretations.
After all, the outcome of this lawsuit is closely related to him.
Win, no matter what, it’s easy to say.
If you lose, it won't be as simple as revoking your license.
…
at the same time.
Procuratorate, in a conference room.
All the staff of the Second Public Prosecution Division were present, with solemn expressions on everyone’s faces, and piles of materials in front of them.
Originally, Zhang Renjie's case was just an ordinary medical malpractice case, but during the trial, more criminal activities were involved.
Now, the staff of the Second Public Prosecution Division are going to conduct case analysis and discussion based on the latest situation of this case.
The director is none other than the senior prosecutor, Shen Tianci.
"Tell me about the situation you investigated." Shen Tianci raised his eyelids.
After he finished speaking, a thin young man on his left spoke first: "Based on Zhang Renjie's academic information, I checked the student status files of a certain 211 medical university, but no relevant information about him was found."
"According to the information on Xuexin.com, the school Zhang Renjie graduated from is actually a third-tier university."
"His academic qualifications are indeed fake!"
"However, due to its age, it will take some time to find the group that originally sold him fake academic degrees."
Then, the female assistant prosecutor sitting opposite him said: "I found out here that Zhang Renjie never took the medical practitioner qualification examination at all."
"I received news from the police half an hour ago that they have initially identified the gunman and are in the process of arresting him."
Shen Tianci nodded slowly: "Now it seems that Zhang Renjie's falsification of academic qualifications and substitute examination are indeed true, but we still need to continue to conduct in-depth investigation and add details."
"The actual damage and social impact caused by his behavior, what crimes should be prosecuted, and sentencing opinions must be implemented."
"In particular, we must focus on investigating the medical accidents related to Zhang Renjie!"
"Yes!" everyone responded in unison.
Shen Tianci looked at another assistant prosecutor wearing glasses and asked: "Xiao Zhu, are the Changhe Street Police Station investigating the case of substandard medical equipment in Aikang Hospital?"
"Yes, Director, the relevant case investigators requested our procuratorate to intervene in the investigation in advance. The case is over there." Xiao Zhu said.
Shen Tianci frowned slightly, "You continue to discuss, I will go to the other side to get the case."
"The medical device case, the medical malpractice case, and the case of falsifying academic qualifications and substituting exams will be investigated together!"
"This Aikang Hospital seems to have a big problem. Let Zhang Renjie and the vice president be the starting point to find out all the problems in this hospital clearly and clearly!"
To be continued...