Editor's note: Attorney Wang Tongsheng is honest on the surface and cunning in his heart. He is a typical wise and foolish person. In 2006, he resigned as the director of Shandong Huanzhong Law Firm and joined Dadiren Law Firm, adding a brighter color to the Dadiren Law Firm, who has expertise in criminal defense. I have no intention of boasting how well he did his criminal defense business. No matter how beautiful words are, it will inevitably be missed. I just want to say that his speciality, co-son lawyers focus on criminal defense, and there should be no second person in the Dadiren Law Firm and even the Zibo lawyers. As the saying goes, "Ten years of sharpening a sword", 15 years of lawyer career only engaged in criminal cases, really made our colleagues in awe, because with more than ten years of specialization, we can only have today's precision. Last year’s publication once published Wang Na’s article "Criminal Defense Lawyer Wang Tongsheng". This year, we collected some materials from his personal website, edited and arranged the following text, let us once again see his criminal defense lawyer's demeanor.
Criminal defense lawyers talk about handling cases
Lawyer Wang Tongsheng: Born in May 1967, Han nationality, university culture, was assigned to the Huantai County Public Security Bureau in 1987, passed the qualification of a lawyer in 1993, and has been working as a lawyer since May 24, 1995. In 1997, he served as the deputy director of Shandong Huanzhong Law Firm. Since October 2000, he has served as the director of Shandong Huanzhong Law Firm. He was successively rated as an advanced individual in Huantai County's "Strike Hard", an advanced individual in Zibo's "Creating People's Satisfaction Activities", the first "Excellent Lawyer" in Huantai County, and an outstanding lawyer in Zibo City. Participants of the 21st National Training Course for Senior Lawyers, attended the China-Canada Criminal Defense Skills Forum as a Chinese representative in January 2008, and successively participated in the national first-level publication "Law Essays" and Nanjing Normal University Law School. More than 30 articles have been published in "Fayun" and other newspapers. He is currently a member of the Criminal Professional Committee of the Zibo Lawyers Association, a partner of Shandong Dadiren Law Firm, deputy secretary of the branch and director of the criminal department. Website: Zibo Criminal Defense Counsel Network.
One, defend carefully
On the evening of April 13, 2007, the victim Zhu Yue (pseudonym) did not go home because her child was outside the Internet. She quarreled with her husband and left home. She was stabbed in the heart with a sharp object and died. When passers-by were discovered, they called the police and the public security organs opened the case for investigation. On April 15, 2007, Lu Gao (pseudonym) was administratively detained by the public security organ for watching pornographic videos at home. He was detained on suspicion of intentional injury on April 17, 2007, and arrested on April 28 of the same year. The public prosecutor filed a lawsuit in the court on October 17, 2007, before returning to the investigating agency for two additional investigations.
When the defendant’s relatives entrusted it, the case had reached the stage of review and prosecution. Before I became a lawyer, I worked in public security for ten years. Since quitting my job in 1995 to work as a lawyer, I have insisted on taking a professional path and dealing with criminal cases. I believe in my first feeling. After communicating with the relatives of the parties concerned, I think there should be a problem with this case. In my words, it is a more "interesting" case. I already know how to handle this case. The specific approach is:
1. After accepting the case, communicate with the relatives of the client and ask them to understand the practice of the lawyer in the process of handling the case, and avoid misunderstandings, so that the lawyer will have no worries and go into battle easily.
While accepting the entrustment, we communicated with the relatives of the parties concerned with the relevant case-handling ideas in detail, and clearly told them that lawyers need skills in handling criminal cases, especially in some cases with discrepancies. If you don’t pay attention to skills, we will rush forward. , Sometimes play the opposite effect. Especially in this case, based on the belief that the lawyer "teaches the defendant to speak", in order to increase the credibility of the defendant's confession, I decided to meet with the defendant less and talk about the case less so as to prepare for the trial. I also cited the relevant cases I handled before and were approved by the relatives of the parties concerned.
2. Meeting with the defendant, let the defendant continue to be confused.
In handling criminal cases, as far as the defendant is concerned, it should be clear to him to understand and let him continue to be confused. This is my usual practice in handling criminal cases since 1995. Some lawyers, especially young lawyers, are well-rounded in the process of handling criminal cases and explain all the issues to the defendant very clearly in every detail. I am afraid that the defendant does not understand, or the defendant "says the wrong thing." I am afraid that the person concerned said he was irresponsible. Without specific analysis of specific issues, in many cases the opposite effect has been achieved.
Why did the defendant continue to be confused in this case? Because, in the process of communicating with the relatives of the person concerned, I learned that the defendant was "very honest", almost "stupid" and uncultured. It is impossible for him to understand the law, let alone the process of criminal cases. If he speaks professional legal terminology during the trial and knows the process of the trial, what would the judges think? Furthermore, my judgment is based on the particularity of the case. During the investigation stage, although the defendant made a guilty confession, it is very likely to "reverse the confession" at the review and prosecution stage and the trial stage, and this is also likely to happen in this lawyer's meeting. Is the confession of the defendant at the investigation stage true? Or is the confession at the review and prosecution stage and the trial stage true? It needs to be determined comprehensively. Aside from other factors, one thing is certain, that is, letting the defendant say what he wants to say in his own way should be better than the defendant using professional legal terms to speak "legal language". Under the current legal environment, More credible.
My judgment is correct. When we met with the defendant Lu Gao, after he learned that we were lawyers, he cried and said: "I didn't (commit the crime), I don't know her (the victim)."
I immediately decided to end the meeting.
In the subsequent trial, the defendant’s “peculiar” behavior had a huge impact on the outcome of the case, and it also proved that I was right to “allow the defendant to get confused”. The defendant Lu Gao actually fell asleep when he was in court.
The thing is like this: when the court was in session, the judge asked the defendant Lu Gao what he thought of the indictment. Lu Gao still said: "I didn't commit the crime, I don't know her (the victim)".
At the stage of court investigation, the public prosecution agency needed evidence from the defendant and the defender to testify. The judge asked the defendant his opinion on the relevant evidence and called the defendant three times without responding. It turned out that the defendant was "asleep". The bailiff pushed the defendant behind before he woke up. "How are you, the family will hold a court for you, how do you sleep?"
Lu Gao still said: "I didn't (commit the crime), I don't know her (the victim)".
This is also the one that Lu Gao said the most during the trial.
At this point, everyone should agree that I was right to "let him continue to be confused".
The focus of the dispute in this case is whether the death of the victim Zhu Yue was caused by the defendant Lu Gao, and whether the evidence in this case can achieve "the facts are clear and the evidence is indeed sufficient".
The public prosecutor’s hearing opinion: The facts of the case are clear and the evidence is indeed sufficient. The defendant should be investigated for criminal responsibility in accordance with the law.
The victim’s opinion: The facts of this case are clear and the evidence is indeed sufficient. The defendant should be investigated for criminal responsibility in accordance with the law, and the court should order the defendant to pay death compensation, funeral expenses, and living allowances for dependents, etc., and request the court to sentence the defendant death penalty.
Defender’s opinion: The facts in this case are unclear, the evidence is insufficient, there are many contradictions, and the prosecutor cannot provide the key evidence tool for the crime—the murder weapon. The defendant should be acquitted in accordance with the law.
As a result of the case, the court issued a criminal ruling: 1. Allow the procuratorate to withdraw the prosecution. 2. To allow the plaintiff in the incidental civil lawsuit to withdraw the incidental civil lawsuit.
On April 25, 2008, the defendant Lu Gao changed the compulsory measures, released on bail pending trial, and returned home.
As a lawyer, handling the case carefully is the key to the success of this case.
Second, witty trial questioning
Asking questions in court trials can often show the quality of a criminal defense lawyer. My experience is that it is not random questioning, focused, and adaptable.
There was a case of intentional homicide. During the questioning stage of the trial, the defendant "answered the questions".
The prosecutor asked: "Do you want to kill him"?
Defendant: "I don't want to kill him."
The prosecutor asked: "Don't you want to kill him"?
The prosecutor asked: "You push the victim into the river, can you drown him?"
The prosecutor asked: "Can't it?"
After I discovered this situation, I also asked the defendant a few questions.
I asked: "Did you wear leather shoes the day you committed the crime?"
I asked: "No?"
I asked: "Did you wear gloves that day?"
I asked: "No?"
After the questioning, I explained: "Dear presiding judge, judge, and public prosecutor, the question I asked just now has nothing to do with the facts of the case. I just want to prove in court that the defendant was in a sort of situation when answering questions after returning to the case. With the mentality of'climbing up along the problem', I implore you to fully consider this detail and the problems reflected in this detail."
There is another rape case. I will defend the defendant. According to the needs of public prosecution, the public prosecutor applied for a witness who was about 40 years old to appear in court.
As a witness, he must answer all questions raised by the prosecutor and actively cooperate. When I asked, it was just three words "don't know". When I discovered this situation, I was taken aback for a moment, and then reacted accordingly. I speeded up my questioning and asked six questions in a row, and then threw two questions:
I asked: "Date of your birth"?
Witness: "I don't know."
I asked: "Your home address"?
Witness: "I don't know."
Then I said, "The clerk, please record the questions I have just raised and the witness’s answers. Dear presiding judge, judge, a person who doesn’t even know his birth date and home address, can he testify? Consider his qualifications to testify."
Three, emotional defense
Emotional defense is a technique that criminal defense lawyers pay attention to.
"The father died and the mother was on trial. Today, the defendant Liu's 12-year-old daughter is taking an exam. She does not want to be an orphan. She is praying, begging, and begging for the respect of the presiding judge, judge, and public prosecutor to give her Mother will save her life and leave her with maternal love. I look forward to her wish can be realized, and let us wish her a good grade in the exam."
This is part of my defense opinion when I defended Liu who was accused of intentional homicide. It should have played a role. The defendant Liu was finally sentenced to life imprisonment.
things are like this:
Liu's husband, Zong Mou, "looses on idleness and does not do business properly," and often does illegal things. He has been sentenced twice and belongs to the "second entry into the palace." Extend the hand of evil to the people around Liu, Liu wanted to kill Zong in order to protect himself and the people around him from harm.
It’s impossible to rely on your own strength. After a long period of observation, Liu found someone who can help him. One day, after they got Zongmou drunk, they tied Zongmou with a rope, killed Zongmou with a hammer, and threw Zongmou into the corpse well. Later, the case was solved and Liu was arrested and brought to justice.
After I took this case, I checked the file and met with the defendant and found that the victim was at a serious fault. So I collected a lot of evidence in this regard. The village committee issued a certificate, and the relevant witnesses testified. I prepared more than ten pages of defense before the trial. word. There is such a paragraph: "Dear presiding judge and judge: Defendant Liu has violated the criminal law and constituted a crime and should be punished according to law. However, as far as the sentencing of this case is concerned, the following circumstances have to be considered: Victims People often commit violent assaults on the defendant, and the defendant has been beaten by the victim for fear. The defendant did not dare to ask the victim for a divorce, and the victim repeatedly threatened the defendant to kill her family if she filed for a divorce. The defendant did not dare to report the case. The victim himself has been sentenced twice, and he has not been corrected after repeated instruction. If the victim is reported to the police, he and his family will be harmed afterwards. The victim is always looking for opportunities to harm those around the defendant. The defendant is trying to protect the people around him. Without being harmed, there is no way to choose the path of crime. The defendant does not want to commit a crime and does not want to be sentenced. It should be said that the victim forced the defendant on the road of crime, and the victim forced the defendant to kill him."
To be honest, after reading the dossier, I sympathized with the defendant, and even more sympathized with the defendant's children. In addition, the defendant's children happened to have an exam on the day of the trial, so I said the beginning of this article.
Finally, Liu was sentenced to life imprisonment.
After the verdict, I went to the detention center again to meet with Liu. Liu was in a much better state of mind. Liu Mou saw me like a family member, and said: People in the same cell said that I had a good fruit. Thank you, Lawyer Wang.
Liu’s family was also very satisfied, and sent me a pennant with the words "Speak up in good faith and ask for life for the people" as a sign of gratitude.
Fourth, the professional ethics and conscience of criminal defense lawyers
A few years ago, I undertook an intentional homicide case, and in the end the defendant saved his life. The defendant himself and his family were very satisfied and thanked me a lot, but I just couldn't get happy.
The thing is like this: the defendant and the victim were on a business trip together and lived in a standard room in a hotel. The next morning, the hotel staff found that the victim was dead with multiple wounds, and there were blood stains on the bed, floor and wall in the room. , The defendant had one injury, which was identified as a minor injury by forensic medicine.
Through meeting with the defendant and reviewing the dossier, the defendant’s confession was beneficial to him, and the dossier materials could not overturn the defendant’s own statement. However, as a defense lawyer, I have discovered a fatal plot that is very unfavorable to the defendant. This plot is sufficient to overturn all the plots that the defendant is favorable to him, and the death penalty is likely to be imposed in accordance with the law. No one else found out about this plot.
I conducted an analysis with the defendant’s family, and they also agreed with me very much.
Since the defendant didn't want me as a lawyer to know, I didn't make it clear to him.
When the court was in session, another defense attorney popped up, and I was puzzled at the time. Upon inquiring, it turned out that it was the lawyer hired by the defendant himself, and the family did not know. The court was about to begin in the morning. The lawyer met with the defendant early in the morning and hurriedly went to court.
During the trial, another defender asked questions about the circumstances that he thought would be beneficial to the defendant. When I asked the second question, I would not let him ask because too many questions would attract the attention of other people present. That scenario was very unfavorable to the defendant.
During and after the trial, the victim’s family and attorneys raised dozens of doubts to overthrow the defendant’s own claims, and then another court was held. However, no one found the real problem.
After the sentence was pronounced, I went to meet with the defendant. I posed this crucial question to him, but he denied it and defended it. I dismissed the first kind of defense; I dismissed the second kind of defense; there are six kinds of defenses, and I dismissed them one by one. In the end, he finally admitted that my analysis was correct and agreed with me. Admitted wrong and said: Don’t believe me, the other lawyer is bad
A little mistake and so on.
My mood was very complicated at the time. I would rather believe that my analysis is wrong, and I very much hope that the defendant can convince me. That way, I can be worthy of the duties of a lawyer, worthy of the professional ethics of a lawyer, and worthy of my conscience. And now, I always feel sorry for my conscience and even more for the victim.
Finally, as a lawyer and a professional lawyer who has been engaged in criminal defense for many years, it should be right to provide legal services strictly in accordance with the Law of Lawyers and the professional ethics of lawyers.
As a person, I am sorry for my conscience and for the victim; as a lawyer, I am worthy of the profession of a lawyer and the client.
Finally, as a lawyer who has been engaged in criminal defense business for many years, I would like to advise lawyers all over the country: When you are dealing with criminal business, you must have a sense of self-protection, use your heart, use your brain, and don’t overstate or do Be careful, be careful, be careful, be careful, be careful, and be careful when you go too far. Risk is like your shadow, always following you.
Criminal defense lawyers must have a mentality of "like walking on thin ice and facing the abyss".