Criminal defense lawyers talk about handling cases

Lawyer style
Editor's note: wang tongsheng lawyer surface simple and thick, inner cunning greatly, belongs to the typical wisdom like a fool. He resigned in 2006, shandong huanzhong law firm director of the position to join the earth people lawyers, to the criminal defense of the earth people lawyers to add color, his criminal defense business, I do not intend to praise him for how well he did, and then more words of praise is inevitable, I just want to say that he's special, with the lawyer focusing on the criminal defense, which is in the earth of the people lawyers and even the lawyers in zibo, there should not be a second person. As they say, “ten years to grind a sword”, 15 years of lawyers only do criminal cases, really let our peers respect, because there are more than ten years of specialization, so that today's fine. Last year's publication had published Wang Na's article “criminal defense lawyer Wang Tongsheng”, this year, we collected some materials from his personal website, editing, arranging the following text, so that we can once again see the style of its criminal defense lawyers.
Criminal Defense Lawyer Talks About Handling Cases
Wang Tongsheng
Wang Tongsheng lawyer: born in May 1967, han nationality, university culture, 1987 assigned to huantai county public security bureau, 1993 lawyer qualification, May 24, 1995 engaged in lawyers work so far. 1997, shandong huanzhong law firm, deputy director, in October 2000, shandong huanzhong law firm director. Has been named huantai county “crackdown” advanced individual, zibo city, “create people's satisfaction activities” advanced individual, huantai county, the first “excellent lawyers”, zibo city excellent lawyer. He is a trainee of the 21st National Senior Lawyer Training Course, attended the China - Canada Criminal Defense Skills Forum as a Chinese representative in January 2008, and has published more than 30 articles in the national-level publication “Collection of Essays on Law”, “Rhyme of Law” of Law School of Nanjing Normal University, as well as in other newspapers and magazines. He is now a member of Zibo Lawyer Association Criminal Specialized Committee, partner of Shandong Dadiren Law Firm, deputy secretary of the branch, director of the criminal department. Website: Zibo criminal defense barrister network.

I. Defense by Heart
On the night of April 13, 2007, the victim, Zhu Yue (a pseudonym), left her home after arguing with her husband because her children were surfing the Internet outside and did not come home, and was stabbed in the heart with a sharp instrument and died. Passers-by found the police, the public security organs to investigate. April 15, 2007, Lu Gao (a pseudonym) for watching pornographic videos at home by the public security organs of the administrative detention. April 17, 2007 on suspicion of intentional injury was criminal detention, on April 28 of the same year was arrested. Public prosecution authorities on October 17, 2007 to the court, before returning to the investigating authorities for two additional investigations.
When the defendant's relatives commissioned, the case has reached the stage of examination and prosecution. Because I do lawyers before I engaged in public security work for ten years, resigned in 1995 to engage in the lawyer business, adhere to the road of specialization, specializing in criminal cases, I believe in their first feeling. Through and the party's relatives exchange, I think this case should have a problem, in my words is a more “interesting” case. How to handle this case, I already know. Specific practices are:
1, after accepting the case and the relatives of the person concerned, please understand the lawyer in the process of handling the case, do not produce misunderstanding, so that lawyers have no worries, easy on the battlefield.
At the same time to accept the commission, we detailed and the relatives of the parties exchanged the relevant case ideas, clearly tell them, lawyers for criminal cases is the need for skills, especially some cases with discrepancies, if not to pay attention to the skills of a force forward, sometimes will play the opposite role. Especially in this case, based on individual political and legal personnel that lawyers “teach the defendant to speak”, in order to enhance the credibility of the defendant's confession, I decided to meet with the defendant less, less talk about the case, for the trial preparation. And cited the previous cases I handled related to get the relatives of the parties recognized.
2, meet the defendant, let the defendant continue to be confused.
Handle criminal cases, the defendant, the understanding of the call he understands, the confused let him continue to be confused, this is since 1995 I handle criminal cases in the process of consistent practice. Some lawyers, especially young lawyers, in the process of handling criminal cases, everything, everything to the defendant to the defendant to all the problems are explained very clearly, I'm afraid that the defendant does not understand, I'm afraid that the defendant “say the wrong thing”, I'm afraid of the parties that he is not responsible. Not to analyze specific problems, in many cases play the opposite role.
This case why “let the defendant continue to be confused”? Because, in the process of communication with the relatives of the parties concerned, learned that the defendant “very honest”, honest almost “stupid” and no culture. He could not know the law, much less understand the trial process of criminal cases, if he said in the trial process of specialized legal terms, know the trial process, how would the trial judge think? Furthermore, I judge, according to the special characteristics of the case, in the investigation stage, although the defendant made a guilty confession, but to the examination and prosecution stage, the trial stage is likely to “retract the confession”, the lawyer is also likely to meet with this situation. In the end, the defendant in the investigation stage confession is true? Or in the examination and prosecution stage, trial stage confession is true? It is necessary to comprehensively determine. Putting aside other factors, one thing is certain, that is, let the defendant in his unique way to say what he has to say, should be more credible than the defendant with professional legal terminology to say “legal language”, in the existing legal environment.

My judgment was correct. When we met with the defendant Lu Gao, he learned that we were lawyers and cried, “I didn't (commit the crime), I don't know her (the victim).”
I immediately decided to end the interview.
Later in the trial process, the defendant's a “peculiar” behavior, the outcome of the case has a huge impact, also proved that I “let the defendant confused” is right. Defendant Lu Gao in court, even “sleep”.
Things are like this: to the court, the trial asked the defendant Lu Gao views on the indictment, Lu Gao or that: “I did not (crime) ah, I do not know her (the victim)”.
To the court investigation stage, the prosecution needs evidence of the defendant, the defense questioning, the trial asked the defendant's opinion of the relevant evidence, shouted the defendant three times did not respond, it turned out that the defendant “fell asleep”. Bailiff in the back pushed the defendant, he woke up. “You're good, a family to you in court, how do you sleep?”
Lu Gao or the same sentence: “I did not (crime) ah, I do not know her (the victim)”.
This is also Lu Gao in the trial process said the most words.
At this point, we should recognize that I “let him continue to be confused” is right.
The controversy in this case is: the victim Zhu Yue's death, whether the defendant Lu Gao, the evidence in this case can achieve “the facts are clear, the evidence is indeed sufficient”.
Prosecutor's opinion: the facts of this case are clear, the evidence is indeed sufficient, the defendant should be investigated for criminal responsibility.
The victim's opinion: the facts of this case are clear, the evidence is indeed sufficient, the defendant should be investigated for criminal responsibility according to law, and requested the court to order the defendant to pay compensation for death, funeral expenses, living expenses of the dependents, etc., and requested the court to sentence the defendant to death.
Defense opinion: the facts of this case are unclear, insufficient evidence, there are many contradictory points, and the prosecution can not provide the key evidence of the tool of the crime - the murder weapon, according to law should be ordered to acquit the defendant.
Case results, the court made a criminal verdict: First, the prosecutor's office is allowed to withdraw the prosecution. Second, the plaintiff in the incidental civil lawsuit is allowed to withdraw the incidental civil lawsuit.
On April 25, 2008, to the defendant Lu Gao change coercive measures, release on bail pending trial, back home.
As a lawyer, the key to the success of this case is to handle the case with heart.

　　Second, witty trial questioning
Trial questioning can often show the quality of a criminal defense lawyer, my experience is not chaotic questioning, focus, improvisation.
There is a case of intentional homicide, in the trial questioning phase, the defendant “along with the question to answer”.
The prosecutor asked: “Do you want to kill him”?
Defendant: “I didn't want to kill him”.
The prosecutor asked: “Did you not want to kill him”?
Defendant: “Yes”.
The prosecutor asked, “Could you have drowned the victim by pushing him into the river”?
Defendant: “No”.
The prosecutor asks, “Couldn't you”?
Defendant: “Yes you can”.
When I found this out, I also asked the defendant a few questions.
I asked, “Were you wearing leather shoes on the day you committed the offense”?
Defendant: “No.”
I asked: “No”?
Defendant: “Yes”.
I asked, “Did you wear gloves that day”?
Defendant: “No”.
I asked: “No”?
Defendant: “Yes”.
After the questioning was completed, I explained: “Honorable Presiding Judge, Judge, Public Prosecutor, in fact, the question I just asked has no connection with the facts of the case, I just want to prove in court that the defendant was in a state of mind of ‘going along with the question’ when answering the question after he returned to the case, I implore you to fully consider this a detail and what that detail reflects.”
There was another rape case where I defended the defendant. In accordance with the needs of the prosecution, the prosecutor applied for the attendance of a witness who was about 40 years old.
As a witness, he answered the questions asked by the public prosecutor and cooperated positively. When I asked a question, he said “I don't know”. When I found this situation, first a blank stare, and then improvised, accelerated the speed of questioning six questions in a row, threw out two questions:
I asked: “Your date of birth”?
Witness: “Don't know”.
I asked: “Your home address”?
Witness: “Don't know”.
Then I said: “Will the clerk please put on record the questions I have just asked and the answers given by the witness. Honorable Presiding Judge and Judge, can a person who does not even know his date of birth and home address testify? Please consider his qualifications to testify.”
Third, emotional defense
The emotional defense is a technique that a criminal defense attorney takes care to use.
“The father is dead and the mother is on trial. Today, defendant Liu's twelve-year-old daughter is taking her exams. She does not want to be an orphan, she is praying, praying, praying that the honorable presiding judge, the trial judge, the public prosecutor leave her mother a life, leave her a mother's love. I expect her wish to come true and let us all wish her a good grade in the examination.”
This is a part of my defense opinion published in the defense of Liu, who was charged with intentional homicide, which should have played a certain role, and the defendant Liu was finally sentenced to life imprisonment.

　　This is what happened:
Liu's husband, Zongmou, “idle, not doing his job”, often do illegal things, has been sentenced twice, belongs to the “second prison”, Zongmou not only unrepentant, but also often violent abuse of Liu, and intends to extend the hand of evil to Liu's side, Liu in order to protect herself and those around her from abuse, she wanted to kill. Liu Mou in order to make themselves and the people around them are not victimized, they want to kill Zong Mou.
Relying on their own strength is not possible, after a long time of observation, Liu Mou found a person who can help him. One day, they took the excuse to Zongmou canned drunk, tied up Zongmou with a rope, killed Zongmou with a hammer and threw the body into the well. Later, the case was solved and Liu was arrested.
I took over the case, through the examination of the file, meet with the defendant, found that the victim's fault is very large, so in this regard, a large number of evidence, the village committee issued a certificate, the relevant witnesses testified, more than ten pages of defense prepared before the trial. One such paragraph: “Honorable presiding judge, the judge: the defendant Liu is a violation of the criminal law, constitutes a crime, shall be punished in accordance with the law, but, in terms of sentencing in this case, the following circumstances have to be taken into account: the victim often violently assaulted the defendant, the defendant has been beaten by the victim is afraid. The defendant did not dare to ask the victim for a divorce, and the victim repeatedly threatened to kill the defendant's entire family if she did so. The defendant was also afraid to report the incident to the police, as the victim had already been convicted twice and was still a persistent offender, and if the police were called, the victim would surely harm the defendant and his family afterwards. The victim was always looking for opportunities to hurt people close to the defendant. The defendant had no choice but to commit the crime in order to keep the people around him from being hurt. The defendant did not want to commit the crime, did not want to be sentenced, it should be said that the victim forced the defendant to commit the crime, it was the victim who forced the defendant to kill him”.
To be honest, I read the file material is also very sympathetic to the defendant, more sympathetic to the defendant's child, coupled with the opening of the day of the defendant's child happens to be examined, only to say the beginning of this article that paragraph.
Finally, Liu was sentenced to life imprisonment.
After the verdict, I went to the detention center again to meet with Liu Mou, Liu Mou's mental state is much better. Mou Liu met me like a relative, said: people in the same cell said that I have a good fruit, thank you, Mr. Wang.
Mr. Liu's family was also very satisfied, and sent me a banner with the words “righteousness, for the people” as a token of appreciation.

IV. Professional Ethics and Conscience of Criminal Defense Lawyers
A few years ago, I undertook a case of intentional homicide, and the defendant finally saved his life. The defendant himself and his family are very satisfied, thank me a thousand times, but I just can't be happy.
Things are like this: the defendant and the victim traveled together, live in a hotel standard room, the next morning, the hotel service personnel found the victim's body with multiple injuries have died, the room on the bed, on the ground, on the wall are blood, the defendant has a wound, the forensic medical identification for light injuries.
By meeting with the defendant, check the file, the defendant's confession in his favor, the file material, and can not overthrow the defendant's own statement. However, as a defense attorney, I found a very unfavorable fatal plot against the defendant, this plot is enough to overturn all the defendant's circumstances in his favor, according to the law is likely to be sentenced to death. And this circumstance was not discovered by anyone else.
I conducted an analysis with the defendant's family, and they strongly agreed with me.
Since the defendant did not want me, as his lawyer, to know, I did not pick it out from him personally.
When the trial began, another defense attorney appeared, and I was puzzled. When I inquired, it turned out that the defendant himself had hired a lawyer, and his family didn't know about it. In the morning to the trial, the lawyer early in the morning to meet with the defendant, and then rushed to the court.
During the trial, another defender on the defendant's favorable circumstances, when asked to the second question, I will not let him ask, because ask more, will cause other people present attention, found that a very unfavorable circumstances of the defendant.
During and after the trial, the victim's family and the attorney representing him, raised dozens of doubts to disprove the defendant's own version of events, and another trial was held later. However, all of them failed to discover the real problem.
After the case was sentenced, I went to meet with the defendant. I raised this crucial issue with him, and he refused to admit it and engaged in a defense. I dismissed the first defense; I dismissed the second defense; I dismissed the second defense; there were a total of six defenses, and I dismissed them one by one. In the end, he finally admitted that my analysis was correct, and admitted his faults to me, saying that he should not have distrusted me, and that the lawyer he hired had almost made a mistake, and so on.
At that time, I had mixed feelings. I would rather believe that my analysis was wrong, and I very much hoped that the defendant could convince me. In that case, I would be able to stand up to the duties of a lawyer, the professional ethics of a lawyer, and also my own conscience. And now, I always feel sorry for my conscience, and even more sorry for the victim.
Ultimately, as a lawyer, a professional lawyer engaged in criminal defense for many years, strictly in accordance with the lawyers law and lawyers professional ethics practice discipline to provide legal services should be right.
As a person, sorry for their own conscience, sorry for the victim; As a lawyer, can afford the lawyer's profession, can afford the client.
V. Conclusion
Finally, as a lawyer engaged in criminal defense business for many years, to the nation's lawyers to mention a piece of advice: when you deal with criminal business, must have self-protection consciousness, to be attentive, to brain, do not say too much, do not do too much, be careful, be careful, careful, careful, careful, careful. Risk is like your shadow, always following you.
Criminal defense lawyers should have the mentality of “walking on thin ice and facing the abyss”.