The basic method of criminal defense

Core tip: basic method of criminal defense is what? In fact about the method, there are many. But the method is not the most important, important is based on these methods, you can find the problems, the key to grasp the case. Take facts as the basis, take the law as the criterion, this sentence appears to be simple, knowledge of all in the inside, case complexity, diversity, the decision you can ascertain the facts and skilled use of legal difficulty. It says on the court every word out must have according to. The first is what, according to the fact, second is the legal basis. Our method, a law is to master, to apply the law, second are skilled to be able to find out the truth.

Zhang Yansheng: Hello! Just Chen teacher is very wonderful, listening is also very inspired, I just told Chen said your title should be called the cracks in the defense lawyer, the living environment is very bad, very difficult. China pleaded not guilty in this space is very small, we heard you have pleaded not guilty in court judge, immediately anger, first put the momentum to hit down. But I agree with Chen Hu teacher said, this must have a principle. If it is death, which objectively do light offence defense, is indeed innocent so we should adhere to the principle of. Not long ago met a lawyer to the Supreme Court to appeal case, said she is not scared, leg a soft. Say just in time to catch the interceptors, after the car outside came in, a group of seven or eight persons will be surrounded by a petitioner, say where you are let's chat, she said I don't go around, these people look a make up to out and throw in the car, the woman scared tuidu soft a, I said how do not shoot down, I said this is a precious historical lens, frightened speechless.

Then said to her, I said you are lucky, you are one of the most fortunate, because before this law a all away, is to be cleared, a person can not leave, screening to the place of detention and then go one by one, is a lawyer with the lawyer. Now understand me is wrong very much, otherwise not have so many people petition, China people is very poor, but very patient, they got so people on such a cold day outside a shelter a petition, they have to have some bitter grievances to appeal. So from the petition can be seen in many cases, we need a lawyer to. So this criminal case, my greatest experience is its relationship to human life and freedom, which is a family who is not willing to, when he says the be most willing to death, but he was a rape hat was sentenced to death, a family, a village, an area people can't stand. In this case I did, many families say really, his parents, especially the elderly parents, died probably accounted for 50%, all my cases their loved ones go, walk a little more, take some, this one shows a criminal case affects many people's heart, this is not a person but a family, a family, a group.

And this discontent will spread to the whole of society, so that the criminal defense lawyer liability is very important, I have been thinking, in fact, in contrast to the power of now, so the justice of their strength is very strong, this is the powerful state machinery, from the balance of power is very poor, our lawyers are barehanded, we firmly believe that we have the deep background, we have a strong power, or that we have a strong support and rely on the masses of the people, that is, every one of us is the heart of the justice and freedom, which is our criminal defense attorney to one of the most important power.

Today, because of the time is relatively short, to speak up you can actually say a lot of things, how to say some what in one hour, I want to talk about the most basic right, because we just Chen teacher speak very well, then I guess we returned to our each person, because I know we here are the law, every one of us may have to undertake a number of criminal cases, so we went back to our office, we sat down when we are holding these files should we do, so today I want to talk about the basic methods of criminal defense.

So I would like to ask, a lawyer Is it right? Will do case, we can see from what place, do you think? Where can see the lawyer it quite have the ability to be handling the case, do you think? I think may not say, I want to speak with fervour and assurance may think it in court, in fact, I think not, from lawyers to this file, we can see the lawyer he Is it right? Will case, just like you would not do math, not see your answer but you formula, calculation formula from A to B, inside a series of logic the relationship between operation formula, do the math to operational formula written in the papers, the teacher can scratch paper, because the process of calculation formula can expose your operation, you can check your mistake this is very important.

Lawyers are the same, the file is very important. I long ago I received the Chaoyang District legal aid cases, so in this case it tomorrow or the day after an international legal assistance seminar, I was here, I wanted to topic because I do the case, now has changed, we are now in the legal aid in Beijing has reached two thousand dollars, in court but I in Chaoyang is five hundred dollars, I ran a lot of times, I then calculated the full fare I, originally wanted to write a legal aid costs, so I went to the Chaoyang Legal Aid Center, I told them to contact me find some files, but after reading the file after it, I don't want to write about the cost of legal aid, because I just the cost of legal aid, I after seeing these files, my heart is very sad, even 500 dollars worth, seek truth from facts to say, although few now, to the 500, but I think there are a lot of legal aid lawyers, even 500 dollars worth, with almost 10% of the lawyer in this case I checked 102 of this volume, the volume when in There are about 10% lawyers had no pre roll, not scoring record, no meeting with the parties, it has two sentences, the first defendant minor, the second defendants and good attitude. Do relatively well, there are about 10% or so, the remaining except those I have to say that I can not bear to look at it accounted for 27%, the remaining 60% much, really call reluctance, I gave him is not the worst, for example 118 the volume file, then the the lawyer printed 10 piece of paper, 4 of this volume lawyer printed two piece of paper, that would be good, I am not bad. So from the legal aid in the investigation, I looked after is painful, the question of where, responsibility heart is an aspect, moreover I feel a lot of lawyers is not handling the case, the file can be seen, many lawyers don't handle criminal cases. In fact, there are many lawyers, although he is in court, he said, he is a minor, he pleaded guilty attitude is good, you say he made two wrong? There is no wrong, the Court adopted a verdict on a hospital, all adopt the opinions of the defender, in the final and legal aid center an evaluation form, I do not know the field should have it, are some of the legal aid center of Beijing, on a per recipient staff looking for them to ask their satisfaction, I looked satisfied and very satisfied except one thing is not clear, is that because I didn't finish it, I also included 103 parts, except me outside, only a dissatisfied, the remaining 99% are satisfied and very satisfied.

But this Is it right? Means you will be handling it, I think not, because from the file we can see it, it won't do, because such a context in this case we can't see his defense opinion formation. In fact, some people say, criminal defense is very simple, many lawyers say do criminal fine, fast money to live over three times, scoring, meeting, hearing. But the fact is so simple, three times live behind some what? So is a 17 years old boy in the car to pick up two thousand dollars in the car caught pleaded guilty, this minor attitude, a defense of such. Then you as an occupation of lawyers, what is your standard, there are a lot of difference between criminal cases and other cases. I made so many criminal cases, I do occupation attorney for nearly 20 years, has been more than ten years of criminal justice, criminal inside the total added up to 30 years, so I think it should be said that the cumulative, my greatest experience is a criminal case is in fact related to all walks of life, each field. The criminal case is very complex, seemingly simple, just like driving a car like that older drivers, it will become more and more difficult, open a car driver had better, after 20 years of driving on the road you asked the master criminal is circumspect, do, do a lot of years found is not good in criminal cases.

That is to say we can't satisfy pleaded guilty to minor attitude, a low standard of such. So the criminal case is with the diversity and complexity, so it would constitute a criminal case complexity and the difficulty of criminal defense. Many lawyers don't do case, including a lot of old lawyer, you say I had a case, with a bribe is a very well-known lawyer we do, procuratorate the case do very beautiful, this volume we watch, looked after the lawyer called me say, how about this thing? He said you did not have to say ah, do not know what to say, actually this kind of experience I think every person may, I think all of you will have this feeling.

I also met a doctor of law, to our place to practice, I said do you have a look through the volume, I say you have what feeling, he said a lawyer too hateful. The man is too bad, but I say you are a lawyer, you see how from the law angle? We also practice some civil master in the US where, some civil cases is very small, when you said the biggest feeling, I found I learned many years of legal, how could I face a such a small case. I won't do it, I don't know how to start, so that get the files, today we are holding back the present volume, we went to court to go, of course there may be no speculative return worse, more do not know how to do, the file with how do not know back in here, this is our many beginners even years of practicing lawyers common feelings don't know what to do.

I want to talk about the basic methods to everybody introduction is the criminal defense, which some methods about? In fact, I think it is to cross the river, there are a lot of methods. Swimming, boating, bypass how can, as long as you can in the past is not the most important, important is based on these methods, you can find the problems, the key to grasp the case. Take facts as the basis, take the law as the criterion, the two words I think everyone knows, schoolboy knows, but appears to be simple, I think my experience learning all in this inside the case, complexity, diversity, the decision you can ascertain the facts and skilled use of legal difficulty on facts. So sometimes I often told us the lawyers, including my assistant will be said to them, every word you say it out in the courts must have according to. The first is what, according to the fact, second is the legal basis. I want to talk about our methods, one is to master the law from the legal to master, to apply the law. The second is trained to to be able to find out the truth, I first talk about the first, according to the law.

I am in Chaoyang District legal aid center to do such a legal aid cases, this name is illegal business case. What is the content of it, is a formal legal member of the agency of Hongkong gold and silver trading market, in China, through the network to a fried cases such as the London gold, such a case can search online to is quite large, we are the agent and not the principal, it is these people who are members of Hongkong be caught, but Xiamen has more than 8000 agent, light Beijing caught more than 300 people this is what I read from the internet. My client is a Proxy Companies is among them, he is the chairman of the board of directors of a company, the case really I think there is a certain degree of difficulty, in the preliminary examination after, I listed some problems at the time, after the case, some people say that what is difficult, is what I want to say in fact, the criminal case is really covered the face is too wide, you may be a medical doctor, but you have a medical problem, may meet today is a questionnaire, maybe tomorrow is a listing Corporation, may the day after tomorrow is a poison to poison the analysis understanding, this is too complex the. Automobile brake, here refers to the bank industry, the case involves the London gold, now that the London Jin Dajia a few know, may engage in futures people know, often roasted people know, but we do criminal defense, we are not the same, so we may face we are not familiar with the field. So later in this case I preliminary reading the case, I'm sure a in my defense thought determined before I think there are several issues must be clear, this is my dossier with me. This company is how to operate them Hongkong company gold business, what is the specific process, what is the operating procedures, what is the method, the business how to start, the defendant has what role in this.

I have what is the nature of this business? This is the investment company, at a time when operating this business, whether it is in line with the provisions of the law, what is the scope of its business? I put forward, according to the law, Is it right? Definite restrictions on this activity, is how the provisions of the operation, because after all it is two years before the thing, right? So what is the legal provisions of the time? This is their home investment company, the operation is illegal violation, or that there is a gray zone, because this grey area is probably the space we lawyers, is one to strictly review and we may be a very important space defense point selection, the gray zone.

And firms like his, there is about how much, they Is it right? Belong to the victim, combined with the fact of the case, how can we say of qualitative, if not, then how should the qualitative, how to convict, or just like Chen said, if not the crime, it would be other crime, or that is innocent, if innocence you innocent reason exactly is what? Your legal basis is what, what is your reason, if guilty, then charges if true, it's guilty plea, also have to consider to have no legal or the discretion of such a condition, what is the specific, preliminary look like a bit like surrender, then surrender to check, such as unit crime, unit crime again specific to check.

In addition to prosecute the amount of about 7000000, this amount is accurate, right? Have much access? I the defendant in the first row, the first right? There is a sentencing opinion, if a crime, what is on his views on sentencing, we come up with the opinions on the penalty which according to the. We Is it right? Agreed to procuratorate sentencing proposal, and then I mentioned, only identified in these problems, began to talk with the communication scheme, the basic way to determine our defense, these problems are not resolved, you would do the innocence and guilt are wrong, because there is no basis. I hasten to the court for evidence list because there is no, then the question I put this pile of problems are listed, we separate began including with my assistant, we began a massive search, we search the scope is quite widespread, is this a case we actually doing quite part of the workload in check, check what? Case and the related information, because now we are actually very good is a network of such means, we are through the Internet can be learned, related to the case, and the case for example the prime culprit 8000 agent, they are processed the status, those caught, as to find out the background to the case.

There is the case of environment and background, what is our country such a large environment and background in, what is the country to combat this behavior context, because what this behavior begins, how things gradually evolved into today's. It is this context to what, to understand the spirit and policies of the state, what is it? What is there in this gray zone, these are our focus to check. There are massive, in addition to the background information, case information outside, we also find the state laws and regulations of large-scale, sometimes said the criminal defense is not 225 not just a what? Very simple actually everybody habitual thinking is very simple, but the fact is that in addition to the laws and regulations of the state, there are a large number of administrative regulations, especially in such cases, including the Commission, the people's Bank of China, the State Council, all levels including the notice and the way a lot of, this kind of thing is very much, but this kind of thing, you still need to digest, because after all, as we learn fast with a futures some of the things, including some legislative conditions, the judicial interpretation, and beyond that, a large-scale search case, similar to this massive search case, besides these, we also search articles and media related reports, is that we constantly expanding, understanding towards this case, we are expanding our understanding, bought a book for Futures Commission personnel examination with a book we bought back, I To study the futures.

After such a massive search, so we finally because of the London gold search will know, is to be able to see, in fact, the London gold futures are not, the London gold is the existence of several large banks in London underground vault. The large brick, standard brick, it is the spot. You buy fried is the cash and the spot, the spot to buy after trading, the provisions of the criminal law of our futures agent illegal futures constitute the crime of illegal business operation, but the spot does not constitute, about this problem is not my discovery, is a commonplace talk of an old scholar begin 07 years London gold case have been arrested, many lawyers mentioned, the London gold is the spot, not the processing. But we through the preliminary examination, we think it is not the London gold futures, spot. But it is in line with the basic characteristics of regulations on the administration of futures trading in futures on the regulations on the administration of futures trading, because 07 years of release, it believes that this is a disguised form of futures trading, can rely on to the criminal law on the crime of illegal business operations, so it can be convicted, so we have done so much work, finally back to an origin to plead guilty, we decided the guilty plea, someone said I don't waste your time, just to defend guilty, I don't want you to the pile of data, to spend so much time and energy, in the end we two a result you are a me too, but in fact, I'm smarter than you, me than you is more simple, more convenient and I do. In fact, you do not is guilty or not guilty, important is why are you guilty, why do you want to do. When you mention guilty or innocent viewpoint, that view, behind this sentence should be followed by a lot of facts and legal basis, you are to. So after determining the guilty plea, began to search the unit crime surrender of sentencing rules, etc.. When hearing the case, it is very obvious, because this is the three accused me of legal aid, the other two lawyers are family members authorization, a lawyer asked a sentence, the defendant who, you deal London gold spot? Party says is, the presiding judge me if asked, what is this sentence, in fact, this sentence I basically have to listen clearly, what is his thought, pleaded not guilty. Right? This is what we can see, in fact, that only have a one-sided view, I am very fear, because I do this case I really not know one and the second question, we are very nervous about this field afraid of their own mistakes, so do the large-scale retrieval. The lawyer brought up the London gold Is it right? Spot, he saw the London gold spot, but did not see the disguised futures, then disguised futures are not easy to get, for you to understand how this is very important, can not listen to the innocent plead in court is very busy, so it is dilettante watch the scene of bustle, expert road to see, from this question can know this defense is an incomplete defense. Finally, very grievance, in fact the judge not to adopt, oneself also wronged, I can feel the laws and regulations do not understand.

But the case is very dramatic, is our September session later, the lawyer said I to investigate the court adjourned, immediately, the court did not move is in favor of other cases, because of my defence is finished, and finally completed a debate on it, notice of the result of the trial began in December 4th, this time we'll start back into the case, I still to look at the ah, the laws don't believe in yourself, for so many things, you don't think that you will get this thing done, really have. We found this out the regulations on the administration of futures trading, December 1st the formal implementation of revised, revised December 1st December 4th, court, change what is cancelled in futures, which is directly related to our case, we do a lot of cases in this before, I think the London gold is not a futures, futures is not in disguise in futures, futures cancelled is innocent, the heart have hesitation, this is the Ministry of public security handling of the case, not legal changes more and more light, we look at the code is written like this.

But the terminology definition about the futures of futures trading with the original regulations is consistent, if so we'll see how that London gold futures are not, have pleaded not guilty, we started to make a plea of not guilty, do a draft innocent words made me do it in December 2nd, not I find a lot of engage in futures attorney, most of the lawyers said really, engage in futures lawyers don't know the law changed, seek truth from facts that are not know. Another is consistent is a reflection of the London gold is the futures, so we said very entanglements this case is critical, this time in December 3rd, we are uncertain but must see the defendant, because second days to open a court session, I talked with him about the defense of our scheme, finally determine him to plead guilty, because what? He don't understand this, we all have no, lawyers do not guilty, he himself had to be guilty, but the judge communication, we do not guilty, the judge said to cancel your qualifications for defense, because this is used to simplify the procedures, if not plead guilty, then this thing into the ordinary procedure, the lawyer to be canceled, so this thing very entanglements, the judge said that I don't know, but I've heard that changed more change more conducive to the decision, the more conducive to the conviction, so our heart and be very upset, to the evening of December 3rd, we found a lawyer he is very authoritative is a vice president of Chinese futures Corporation, is the chief legal adviser.

He told us to say that the futures law level is uneven, he told us very clearly, the solution we thirst. The time and location of the regulations, I always say that the double gauge, is the time and place specified delivery, we recognize that there is a deviation, trading and cross are two different things, but the transaction and cross might still have some confusion, so until the night of December 3rd, we have adjusted the defense scheme do a guilty plea, because after all, are we in this area which our knowledge is very limited, but you said that you don't do let futures experts to do it is not realistic, because futures experts don't understand criminal, this thing is very complicated, so we can only assume this responsibility only we are conscientious, make the greatest efforts to make it understand understand. So in this case we determined finally this scheme is to plead guilty, so everyone said how many fee of strength, the laws and regulations of light we search, I have not in the computer, I typed a part of this thick, this is I printed it out, this is we search out, also includes a large number of cases. In fact, many people say that back to the origin, the two back to the origin, don't watch this still return to the origin, the process is not the same, I experienced a very deep mass of a search, in fact, I went back to my heart is very calm, I know, I know the case, to the law on what is know. Many lawyers in this two cycle is not the same, view behind is the legal foundation of clear, have a very profound legal background and on the basis of a support, this is many of our lawyers lack, why I sometimes say not handling, felt that has been sitting here get files, what is it legal? Is it something I went to school in a university classroom, a lot of people have a characteristic, is what I see beginners and students are thinking, we began to go to school along the way, 6 year old ideas are like examinations, we usually do not know the law is not the examination can be retrieved, we feel that the law to master the law can not see, you say what all understand, it is not possible, everyone is impossible, so only do search retrieval.

Such cases should be said in almost all the cases, each one embodies more or less, all kinds of context are doing. For example, I once did a about tax evasion case also is such, this involves something, you say that I know the futures, I understand all aspects of tax, not all is an expert, involves the ious inventory in the tax laws, tax obligation of time, I need to understand credit, credit, have obligations to pay taxes in time, then there is value added tax, cost accounting and so on a series of some very professional thing, at the same time I retrieved the law is also a lot of, including tax collection and the detailed rules for the implementation of this Ordinance, a legal enough you half a day, although you have, but you only it is learned a little, when your application of the poor too far, the regulations on value added tax, value-added tax rules, regulations and the detailed rules for the implementation of value-added tax invoices, and use of the provisions, the enterprise income tax law, and reasonable collection way, and what the national policy, there are several ministries to explain what a high, and the Supreme Court case etc.. In addition to these and the understanding of the facts, we spent a lot of time on this case, but also to understand the law in time and a considerable range, I sometimes found the case, we can find the tax accounting, expert to ask, will often find that you find a lot of experts, professionals do not know, often encounter the professionals do not understand, but in this case we found, the accounting of the parties, totally do not understand the accounting. So a company's accounting if not understand, really can kill the boss, I these two cases are accounting do not understand, do not understand the accounting business accounting cost accounting, won't do sports car inter director asked about how much the cost, workshop director said 90%, the gross profit is multiplied by 90%, in fact, many professionals will also there are a lot of mistakes, this is a tax related case we did.

And contract fraud, the crime of financial certificate, relates to its financial certificate fraud, and then made a false certificate to do guarantee, this involves the issue of implicated offense. For example from our criminal legal aid in cases, such as affray, such cases appeared cosmically, before we do legal aid cases, for a little thing two dial the people fight dozens of melee, the case involved we do the dead man, killed the. You give me a look I stare at you start calling, both sides began to call people, here called the people, it said, put one another to death, this involves a practice over limit problem, people accused me of the case, the party he is a foreigner, they let him get away that you run, the local people to go, they give these people, the said rolling person is he now run, all on his body. So the case appeared what results? In my case the defendant later gave himself up, for his death, in front of those involved in fighting people sentenced to one year and four years, four years most serious and was put in the

The trial court is committed to implement the over limit, so those who provoke posture of sin, he is the story of mayhem, such charges and involves a lot of the theoretical problems, what is the practice over limit, what a position crime to Story Assault or murder, that group of people Is it right? Is trouble and so on, also involves a series of problems such as. This is cited several cases, people will know the legal issues we will in all the lawyers, in this case, we especially pay attention to the fact, but to understand the legal component, you really understand it very difficult, including the Xu Ting case, first instance the lawyer in-depth study of this case, may put forward his point of view, the court is comprised of the public prosecutor, I found there is a characteristic. Actually I do these years, the public prosecutor if you formed in his indictment before, you talked to him is willing to accept it, don't let him, he once formed to your project, I know that wrong must adhere to in the end, to adhere to in the end. Fight at outrance, you out of my account, this thing is really, we can grasp these things, if you can tell it to the judge to have a, including with prosecutors have exchanges, may be a relatively good results, this is about the understanding of the law, this is a method.

Second on the facts.

Fact about this part, we want to know the facts, only to clarify the facts, we can determine the nature of the case, to draw the defense scheme, in fact this with Chen said today really is completely consistent, you must first determine the fact exactly is what, because you and the law is related to the. So you only in the framework of the laws of your next, and then confirm your truth, your truth does not constitute a crime, if it is the crime that is this crime and other crime, if does not constitute a crime that is guilty, to clarify the law, understand the law, understand the basis the facts in order to make such a scheme. So how to ascertain the facts, this is not about the story, the doctor is not what we say too hateful this person is too bad, the defendant how so bad, then to a victim, in fact we are not looking at such a story.

Just talked about affray case, make clear what the offender has limited, what is the trouble and hurt, then clarify the facts, but also has many problems, I need to understand. Practice over limit refers to the instigator abetting Is it right? Probability, what did he say, therefore I must know, what is the reason, the principal how to get, how to gather at the scene, how to say, how to say the chaos, not how people understand, he the conceptual or specific meaning, everyone in the fight, they each have what behavior?

Who rolled a fatal knife, this case also involves a lot of false evidence, and a confession can identification problems, then I put these issues list, it should be said that involves many complex, this one act I cite an example, I take this piece of paper now throw out, you look at this piece of paper flying out of the line, this is a fact from occurring up to the end of the process. This time to see the testimony of witnesses, you'll find out because there was no blackboard, then in such a radian, is the process of the whole case, each individual testimony from beginning to end, some people see a, others see a head no tail, others only the middle of this section, if the testimony of witnesses is a multi-level. Ten or twenty people each other there, here is some, and the presence of onlookers testimony will reach two or three people, and to testify, but the defendant has as many as involved in the case of fighting on both sides of the roughly seven or eight, each individual confession and reached seven or eight times, I just said to find out what the facts, check the beginning how cause, what did he say, how others understand. Then this section of how to fight who cut a fatal knife, afterwards how collusion, how the final surrender, if this a lot of two-way, like the rainbow, multilayer such a process. So many people to ask, and I will cut it into so many pieces, to reach hundreds of thousands of data, how to deal with these data, how to do this time? Form may be very important, don't look down on the table, so the table we usually in situations like this, I will make a plot list, is alone to plot, each process I put this I just this paper went to process cutting, cut into sections, each section were important to me.

Focus is the fighting process and cause, the cause of who called, I made a comparison about the cause, part of what Zhang San said, what did Li Si say, what did Wang Wu say, the testimony of witnesses say, when you put the pieces in the cutting off of this piece, after you do form did come out, really is simple. Could a piece of paper, two pieces of paper, copy the volume ID copy, and when the court applied this piece of content, the judge also don't know where it is, too much. So this time we need to note that let the judge know so quickly, in case you find a fragment in the Seventy-eighth part of the page, this is very easy, this fact becomes clear. We then put this all of the pieces, after a table listing over, this fact is very clear, because the law has been studied. The case finally brought out the defense point of view, we believe that this case is the case should be a case to handle, not to be a crime. The instigator is the prime culprit, the defendant was sentenced to death with reprieve, the man he is one of the active beater, in fact there are several hatchet man sentenced to 2 years in special light, we do believe that through this form, his crime was sentenced to 2 years and sentenced to 4 years the principal his guilt is greater than I, the defendant, the defendant is much bigger than me. At the same time I set out the details, because they said I was the defendant took out a knife and rolling, what he had no knife, at the scene. What's going on, he said I was carrying a bucket to throw in the past, this everybody saw it.

We put the details list, proved that there is no evidence that he took the knife, and they see how he took the knife to the gang that after, with blood knife, we put this part list, says this is apparently they in collusion later, very clearly, including the process of their collusion in where, sometimes everyone in statement of facts, from his perspective, but our horizontal to compare the time and found the problem. So said the case at the same time, we also do a survey he surrendered, the case should be fully accepted, this last sentence to 13 years, the judge said very bad, this may be in the courts have this, then directly said with a trial is communicated, the case of others the punishment should be, these are to be processed. I may have encountered a may be in all one's born days met a very good judge, is a business top their local province, I didn't think I had a very difficult, I said many years to judge very disappointed, but the judge I think business in all aspects is really very good. This should be a comprehensive accepted.

I'm a simple list, because this method is very much, but I think most commonly, for many fact difficult to sort out the fact, that is the form, the plot is a list, in this case is very valuable, meaningful. I remember when we had a lecture, a lawyer, an old lawyer was very old, can be larger than I am, for many years he said the lawyer how do you know what form such method, why don't we know? In fact, many of the old lawyer don't know, I might say more profit table do in court when do we, we make a table with posters like, pull two characters newspapers together make a form, or not see the case the whole. The second method is also very effective, in fact, in many ways, marking this part does not speak, can specifically talk about. But I want to introduce to you, this is not said, is the examination opinions, this is I accumulated over the years. Cross examination opinion is very valuable, meaningful, you may wish to try, many lawyers know the quality of evidence, but did not know how to write quality certification, quality certification is a procedure in the court, many lawyers do court is that, when the examination of the SAT, said there are views the defender, then say the defenders have opinions, have been such. The most common is? We have seen is the lawyer sat thus what is not, especially relates to what appraisal report, autopsy report, the blood test report, basically there is no more do not say what the opinion is not. Why? He did not feel what to say, he should think of what to say, I believe he will say, why not say that because do not think what to say, actually written examination opinions, how can you write? You first need to go to the court in the back, behind all the indictment, have list of evidence and witness list, many of our lawyers only to the indictment to the list of evidence, no evidence, in fact, the directory is very important, the prosecutor to file, his list of evidence, the actual delivery of files more than a list of evidence, but the list of evidence that is his most important. Check the list of evidence is very important, we usually have to check, check out that procuratorate did not send, missed a lot of items, do not check how to find, check found less what know, check after often the case, the court proceedings, the Prosecutor General in accordance with the examination opinion testimony, his evidence list one by one to cross examination, also some prosecutors to file directly holding the books read, two cases are some that it doesn't matter, when writing the examination opinions, often pay attention to its examination opinions, and can be separated to write his testimony. The.

Then the examination opinions can be written examination opinions in accordance with the list of evidence approach, can write XXX famous file number, and I usually a person, don't write a piece of paper, a tear away, is constantly as the cards can be interspersed, so help you directly in court with the prosecutor's such a tool. Why to write, I sometimes simple copy some witnesses, or evidence of content, to extract or summary, write the contents of the evidence. I told you don't look down on this point, spend a little time to appear, but often find that you begin writing the time and your mind think differently, we read the testimony with eyes, a head formed inside, when you start a copy when write again find your understanding deviation. People have the habit of thinking, sometimes according to their own understanding of things to see, understand things to see what is the mind stuff, but practical words found not the same. These methods have proved effective every time, every time. When the time is not the same, every time there is a harvest, so I suggest you when you don't know what to do, when you face the heap file really don't know what to do, you do first examination opinions, you write it down what, who said, what is the main content, while writing I usually sometimes have a piece of paper in my hand, while he wrote, copy, or write directly in the examination opinions, points out the.

You first check the regulations, or to find the truth, in fact, this thing really don't have a clear boundary, which are interleaved, completely is cross interleaved. So we may find the law after seeing the fact, looked a little legal discovery of the law is a very important problem, and then continue to check this fact, check this fact process encountered a new legal issues, you may need to check. So when writing the examination opinions brain will have a lot of things, so write it down very valuable. In the work we do, in fact, sometimes found the lawyer how so great, the lawyer found why what it is as cross examination opinion found,? Because you write, for example, the defendant's confession, his March 5th and October 8th confession as like as two peas, punctuation, paragraph, question is the same, prosecutors put down, from the last interrogation a stick to two words can. We give a record of two out of alignment, we're hearing when asked, the other defendants your memory is good, not good, I do not remember, we just sit for an hour, you an hour ago you said now written down, he said that I do not remember do not remember, we said, why he did this in October 8th and March 8th as like as two peas confession, this is one is done through cross examination opinion found. At the same time you can find what, you can find the defendants and witnesses may say a word as like as two peas, decline, apparently also copy, right? The witness may not two of them are punctuation as like as two peas are the same, or roughly the content is the same, it is posted the past. We also found a lot of problems, I have a case in Shanghai, you know what I found, I have always found that without the testimony of a witness, to find. This pen found the witness have two copies of a same testimony, time and place, ask the people all are the same, the difference in where? The difference can be seen in a behind the two officer signature, a signature is a police officer, so little difference. A closer comparison, discovered one of the officers to sign this one, there is a sentence changed is the two officer signed record said, I haven't seen them beat him with their fists, behind this I see who hit him on the head with his fist, not removed, is to remove the two words. This estimate is then the police to the finish, put that out, his mistakes in the work, this not to withdraw, busy work a binding two we found, must use a us powerful, or the exclusion of illegal evidence. We do the examination opinions found what, do not just don't see it. Three police officers at the same time, because I am a cross examination opinion I will take time to make accurate, a few points, suddenly found the time how so familiar, you see how the police in two places at the same time, a police officer came in two place, only to witness investigation to the defendant asked, then the problems do not underestimate the examination opinions, this is very good.

Sometimes it is not every case, according to the circumstances, but most of the cases to do, the harvest is really very big, this is we communicate a little experience. The third method is simple talk about the scene reconstruction problem. The content is too much, can give you about three hours, I simply said once, or I said this is called a monographic study on some important facts. Just mentioned the case of Shanghai, this is a case of what? This is an intentional injury case, the defendant is a factory sales, they asked his customers, they sell fur, they asked the customer service representative for a drink of Koreans, the defendant is a Korean the Chinese. In this case the dead is a Korean, the other is the defendant's leadership as well as South Korea, is a case of a South Korean company. The case is made of a drink, the customers drink many continue to drink, and took the waiter to sleep with her, they stopped to drink a lot of wine, they three people a night drink drunk. This time, drive a car, let me the defendant drove to the hotel to go to, result to hotels in the people behind the car scratch and is playing the dead, he would not want to get back to the hotel, also want to drink. In this life, the car he was forced to pull the car to the hotel inside the gate, the car did not start, carrying a rigid frame is a sign the hotel inside, holding the card out toward the car shaking, the driver and the copilot down fighting, are with the hand, the man fell to the ground and died.

In this case I do this now, except that the parties may be due to excessive defense, hall video recorded outside the door from the inside the hotel video, you can only see the feet, the feet walking around, do not know how this man, you said that playing with the hand, hit on the head a punch nobody use violence to beat the dead. They had relationships are good, but the man died, we propose is justifiable defence when, I in advance with the prosecutor, I found with prosecutors to exchange their willing to listen to you, they are willing to adopt, prosecutors seized on the idea, in self-defense when sued the the case.

We are not satisfied with this, I said a lot of lawyers for the identification of the report will not see, that is the science, criminal science and technology inspection report, science two words not at believe in science, in fact, a lot of things to see, I put forward a lot of opinions on this case, because the the head is the scalp bleeding, no skull fracture, intradural no hemorrhage, brain tissue was not damaged, no fracture of skull base. There are two aroused our great attention is, subarachnoid hemorrhage, new blood reached 2.5 per ml, we now greater than 100 ml of greater than 80 is drunk, this is 100 ml to 252, the deceased was in a state of drunkenness, so I large-scale search a lot of medical literature. I just said we really hard line fields are experts, the experts I just to do futures, expert and I had to do the tax law, I have to do the financial expert, expert in the inside to do medicine, medical experts have a skull problem in this very complex. We have large-scale investigation, we found a lot of literature, including the domestic and foreign experiments, including the mouse experiments, mentioned that subarachnoid hemorrhage related to alcohol, the alcohol after excessive drinking, do not need to flap gravity, slight tapping with a cause arachnoid subarachnoid hemorrhage such the case of a lot, because under general situation resulted in subarachnoid hemorrhage, usually what with skull fracture, some gravity hit in the past. This kind of person he is no gravity, no fracture, what are not. Then he appeared hemorrhage in such a large area, with the alcohol related, so to say, I was on the court I brought up, if he is not a lot of drinking, so we this a fist. He will never die, if he is a drink, if not fall, or no external force may not die. But there is a slight against that, due to the large amount of drink, it may lead to his death, so this is the victim of a fault, not only in self-defense when plot, the dead have fault, at the same time in the cause of death, there are some mistakes in my inside the defendant, it is hard to imagine that a lot of drinking after a punch the person died, we put forward such a question. This received a relatively good results, sentenced to light punishment for two years.

There is about a Gao Hu manslaughter is film actor in the scene, he said brake failure caused the car had killed the gaffer cases. In fact, the case against Gao Hu, because the court judgment that he brake failures, operational errors caused the deaths. This is actually I went to the site, because the photographer to shoot the video, shooting the drama, so this video has been tracking and shooting, are supposed to be here a parking, the results did not stop, just coming, with wire rod down beyond the lighting lighting division, this paragraph of video recorded, and knocked the camera when there are sound, including the impact post sound background sound can be heard. So I first made a static frame processing, is 25 frames per second, so the method is to get it done static frame processing time, what is the speed of the. Because Gao Hu said I step on the brake, I step not trample the brake failure, we'll do the static frame processing, a total of 25 volts per second is 69 volts, I went to the scene to be sure to choose a point, there is a manhole, the manhole cover to the side is the number of meters, the meters counted out, manhole covers began count how many frames, we can count how many meters, time for a long time, walk such a long distance in the inside, can calculate its speed is 19.7 km. The braking distance of 2 meters, where they said the ground conditions are very good, better than the road, the ground is very acerbity stopped, why not trample, we saw the car did two times test, one of the first to examine the entire vehicle inspection is normal, brake part of the sentence, the second test second days later the police feel on the brakes, because Gao Hu is the brake failure, also have special special the brake failure, the police car brakes brakes were detected in this process, the brake oil leakage, the car finished from to test qualified, is this case we also put forward the court said that, even in the first set, I bought a lot of automobile brake on, I quickly auto brake expert, I on automobile brake familiar, it is what principle, hydraulic principle, the past is air pressure brake, air can be compressed into a hydraulic, because it is very difficult to compress, not such a soft brake condition.

But we found the car brake Tsinghua University Automotive Department Professor of experts, experts are very well-known we find him, he heard the case asked the vent screw is loose, the oil out of the vent screw, he said there is a causal relationship between the first day of oil leakage of brake failure and back, in fact this is usually not easy to bleed screw pine is the counter buckle, loose a lot of reasons, some patent not tighten in the above, the car jolted loosened, bleed screw must not intake, that is in the hydraulic pipe inside once the gas go beyond, the foot brake to the pump, the the gas can be compressed to the brake is realized, this will be. This situation is very rare, but can not be ruled out is it real. In this case, the judge communication is particularly difficult, the judge did not accept the case, but I think as our lawyers, we will do, we want to put all the things we have found, we will be known in the world, the parties will be psychological comfort, the party that I stepped on is not, but it does appear second days, this situation is the conviction is a far fetched to some extent, give him sentenced to a suspended sentence, I do not do the second instance of first instance, the second instance court so that no, the lack of the cross examination debate process, only let you submit a written, the judge does not meet with you, to talk about it don't talk about, give it up you can not talk, so there are a lot of obstacles that communication.

There is a history in production. This is a corruption case, I did an expert to accounting, because it involves a lot of accounting books calculation, including the account listed formula, this is a very interesting case.

I'd like to introduce a case, this case is my assistant to do, he do in this case is the first case in practice toward formal lawyer, he was only 26 years old to do the first case do very well. This is a case about what, this is a student of a young man named Liu Sen in Beijing to work, live in a basement, the basement is very poor, do not look at this case does not know there will be such a group of people living in poor environment in the basement, his next door another female college students is working in Beijing, they are neighbors, one day Liu Sen went to wash clothes, then burst into flames, smoke, all the people inside all ran out, but the fire was soon put out, mainly concentrated in the Liu Sen inside the dormitory fire, without a thought is this the thick smoke in the room next door, the girl next door is sleeping is only 23 years old, a student just graduated from University, then 23 year old girl was smoked die. So in this case, Liu Sen had listened to a look at his room, he went to surrender, he said I think I may be in the laundry before I use heat quickly, go to hot out later on the plastic bucket cover, may be I this thing lit plastic barrel ignited the fire, he was kept for six months. This man is guilty, then the lawyer in the case, he paid special attention to the point. He later told the parties to talk, Liu Sen said again, I repeated memories, he said I think my power, I is a habit, I is to unplug the bolt to take hot in the barrel, if so should not be a red plastic bucket I lit, but the indictment allegations is he pulled out the heater on the red plastic barrels plastic barrels caused the fire ignited the indictment charges, this is our Beijing, probably Chaoyang District Fire Bureau, also made a report on the identification, identification is red plastic bucket ignition, when we see the lawyer found, in fact, the fire point on the west wall, the fire point is more important, the plastic bucket, right in the middle of the housing, so that can not be ignited. A lot of, I also admire his, a so young, what fire science and technology, what technique and products information and so on each kind of paper, he found a lot of things, it can find scientific data.

When they find that the heater, the highest temperature is 120 degrees, then put it in the water at 120 degrees will be constant at 120 degrees do not heating up again, and it is a casing in water when, outside is the tribal people look like stainless steel is bright tube, usually this tube will shine not burn, in power after the heater casing will have black, even the appearance of the burnt out, is your home pan on fire will be black, and then burn clean no, actually this thing with that truth is the same, if it is dry wet burning all know the. To check the plastic barrels check seven things, polypropylene, nylon, polyethylene, formaldehyde, etc., these things have smoke point and a burning, smoke point of 200-500 degrees, then the ignition temperature at 280 degrees to 500 degrees will burn, the heater temperature is only 120 degrees, so they did several experiments, if it is out of the water power on the outside, can not be completely ignition plastic barrels, even without the situation of power, the barrel will smoke, to burn even to reach 500 degrees will be burning. To check this, think this case is most likely not caused by hot, because the walls of wire aging is very powerful, and go find pictures from the scene, the heater has been in the red plastic bucket, can see from black and white photos in the red plastic bucket, the hot surface chromium exists. This article illustrates the heater is out on off later, ignited the house are not the cause of heater. But the lawyer really to court the judge on the spot to be nasty, patting the table would say what you do. He said I would like to ask such a question, because it is very likely that the fact that there is no clear. This after the discussion process, we feel the house is aging, the wires have to a considerable extent, aging wiring and west wall of combustion related, because put something. The judge gave a conviction, but gave him a six months of detention, the man was taken six months after being released on bail pending trial, six months of detention offset, not let he held any sentence, we say accountable, and many found how much. If the parties to a preserved account, at least in Public Security Bureau everyone's face had. No matter how to say my house on fire the case ended.

Research and facts of the law, just like the chicken and egg, egg is not the same as before and after each other, a really good defense, are staggered on facts and law, continue to in-depth understanding of the process, when now I think each of our lawyers hand head files you already know how to do that, our defense is half finished, thank you.