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Have you ever thought about it: we are not handling a case, but a person's life! ”
"What is the law? It is the law of heaven, the law of the country, and the favor of the people! I don't believe in the law of the country without heavenly principles, nor in the heavenly principles without human feelings! ”
"The law is to make it more expensive for bad people to commit crimes, not to make good people more expensive! And the law cannot give in to the lawless! “
Do you still remember the deafening statement of Han Ming, the prosecutor in charge of the movie "Article 20", at the hearing? "Article 20" tells the expectations of ordinary people like Wang Yongqiang and Hao Xiuping, the "parties" of Procurator Han, for the law and fairness and justice, which not only allows us to learn the law, but also gives us bright hope.
Ma Yunchan, a female lawyer in Ningxia who has handled many difficult cases and has said countless times in court that "the law cannot yield to lawlessness", would never have dreamed that when she was involved in a criminal case, the case was not over, and her defender became a "suspect". The annual examination of the practice certificate was suspended.
Not guilty in the first instance, not guilty in the second instance, Ma Yunchan's life should always be "clouded" and the fog has dispersed? No, although the law has returned her innocence, the "lawless" is still correcting her: the Wuzhong City Lawyers Association decided to suspend Ma Yunchan's membership rights according to the judicial recommendation of the Yanchi County Court.
The basis for the lawyers' association's sanctions is: On the basis of article 36 of the "Lawyers Association Rules on Sanctions for Violations of Conduct by Members (Provisional)", where false evidence is intentionally provided to judicial organs, arbitration bodies, or administrative organs, or where others are threatened or enticed to provide false evidence, obstructing the opposing party's lawful acquisition of evidence, a disciplinary sanction of suspension of membership rights of between six months and one year is to be given; If the circumstances are serious, a disciplinary sanction of revocation of membership is to be given.
According to the usual practice, after the Lawyers Association suspends its membership rights, it will request the Bureau of Justice to suspend its practice.
Ma Yunchan asked for a copy of the court's judicial proposal, but the court refused. It wasn't until two months later that Ma Yunchan saw the "judicial proposal" that decided the fate of her practice before the hearing began.
According to the accusations of the Yanchi County Procuratorate, in November 2018, Ma Yunchan, a lawyer from Ningxia Linxiang Law Firm in Litong District, Wuzhong City, was entrusted to serve as Yan Jinli's defense lawyer.
On October 31, 2019, Ma Yunchan was investigated by the Yanchi County Public Security Bureau on suspicion of committing the crime of helping the party destroy evidence, and was transferred to the Yanchi County Procuratorate for prosecution on December 1, 2020. The procuratorate filed a public prosecution with the Yanchi County Court in March 2021.
Ma Yunchan objected to the facts and charges of the alleged crime, and defended that Yan Jinli had never told her about transferring IOUs, contracts and other evidence.
The Yanchi County People's Court held at trial that Ma Yunchan helped the parties transfer the evidence, but did not help destroy the evidence, and that the public prosecution's accusation that Ma Yunchan's conduct constituted the defender's crime of destroying evidence was insufficient, and the charges could not be established, and the defense and defense opinions of Ma Yunchan and his defender were adopted. On August 7, 2023, the Yanchi County Court found Ma Yunchan not guilty.
After the first-instance verdict, the Yanchi County Procuratorate filed a protest, and the Wuzhong City Procuratorate supported the protest. Ma Yunchan believes that in this case, instead of being annihilated or destroyed, all the accounting vouchers were sent to the public security organs intact and used as evidence in Yang Hongqing's case, and the validity of the evidence was not affected in any way. The first-instance judgment found that she was wrong in "helping the parties transfer evidence" and requested the second-instance court to correct it.
The Wuzhong Intermediate People's Court found that the reasons for the protest and the opinions supporting the protest put forward by the procuratorial counter-appeal organ and the pro-procuratorial organ could not be sustained, and did not adopt it. The opinions put forward by Ma Yunchan and her defender were upheld and adopted. The Court made its final ruling on 13 December 2023:
The protest was rejected and the original judgment was upheld.
Although the law has justified Ma Yunchan again and again, Ma Yunchan has been made difficult again and again.
WeChat*** Qianqian Fayan disclosure:
Ma Yunchan thought that after the second-instance ruling, she could resume practice, after all, she had not practiced for four years. In December 2020, since the case was transferred by the public security organs to the procuratorate for review and prosecution, the law firm where she worked no longer issued any lawyer's letters for her, and also prohibited her from taking the case and carrying out any lawyer business, and from 2021 to 2023, for three consecutive years, the Wuzhong Municipal Bureau of Justice suspended the registration of her lawyer's license.After being forcibly terminated from the employment contract, the trouble his father opened the door to the trouble again and again - the trouble came to the door again and again:In September 2023, Ma Yunchan's law firm wanted to forcibly terminate the employment contract with her, and at first Ma Yunchan was unwilling to sign, so the law firm sent three lawyers to her home to force her to sign, and if she didn't sign, she would sleep at her house and not leave, so in desperation, Ma Yunchan had to sign with tears.
On January 3 this year, Ma Yunchan received the "Notice of Case Filing and Investigation" from the Reward and Punishment Committee of the Wuzhong Lawyers Association, saying that the Wuzhong Lawyers Association recently received a judicial proposal from the Yanchi County People's Court, reflecting that she "helped to interfere with judicial litigation activities" in the criminal case of Yan Mouli, and asked her to "actively cooperate with the investigation" and "truthfully provide" the entrustment procedures, case acceptance records, meeting records, judgments, written defense materials and other materials.
On January 22, the Disciplinary Committee of the Wuzhong Municipal Lawyers Association issued another "Notice of Hearing" to Ma Yunchan, informing Ma Yunchan that she "has the right to request a hearing."
At Ma Yunchan's request, on February 21, the Disciplinary Committee of the Wuzhong Municipal Lawyers Association issued a "Notice of Hearing" to her, and decided to hold a hearing at the Municipal Bureau of Justice on the afternoon of March 4.
It was only at this time that Ma Yunchan saw the "judicial recommendation" that determined the fate of her practice, and believed that although Ma Yunchan did not constitute a crime, she "helped to interfere with judicial proceedings and violated Article 44, Paragraph 1 of the Criminal Procedure Law."
Paragraph 1 of Article 44 of the Criminal Procedure Law stipulates that a defender or any other person shall not assist a criminal suspect or defendant in concealing, destroying, or fabricating evidence or colluding confessions, and shall not threaten or induce witnesses to give false testimony or engage in other acts that interfere with the litigation activities of judicial organs.
When the Yanchi County Court wielded the big stick of power, did it want to explain that Bai Ma Yunchan "helped to interfere with judicial litigation activities", what kind of words did this "talk" bring, how "interfering with judicial litigation activities" interfered, what consequences occurred, and what article and paragraph did Ma Yunchan's behavior of bringing words violate the "Lawyers Law" and the "Rules for the Punishment of Violations by Members of the Lawyers Association"?
Although the final ruling of the Wuzhong Intermediate People's Court is clear: first, the evidence collected in the case can confirm that the evidence involved in this case has been handed over to the public security organs, and there is no actual destruction, and there is no actual consequence of destroying the evidence; Second, the witness testimony reflects that Ma Yunchan had the act of talking, but the act of talking cannot be expanded to be interpreted as destroying evidence.
Although the final ruling of the Wuzhong Intermediate People's Court found that "the original public prosecution's accusation that Ma Yunchan constituted the defender's crime of destroying evidence cannot be established", the Yanchi County Court still insisted that Ma Yunchan's "behavior of talking with others" "interfered with the litigation activities of the judicial organs" and asked the lawyers association to deal with Ma Yunchan.
After receiving the "judicial proposal" from the Yanchi County Court requesting that Ma Yunchan be dealt with, the Wuzhong City Lawyers Association, the "mother's family" who was supposed to protect the lawyer's legitimate rights and interests, did not have the courage to investigate with the Yanchi County Court how Ma Yunchan "brought words" and how she "interfered with judicial litigation activities", but sprinkled salt on Ma Yunchan's wound without mercy.
Paradoxically, according to Ma Yunchan, at the time of the hearing, the facts stated by the investigators at the hearing were precisely the "facts" that were rejected by the court after the procuratorate's accusations (below).
The court's acquittal showed that it had denied the procuratorate's accusations, and the lawyers association actually used the procuratorate's accusations as evidence against Ma Yunchan, and tried Ma Yunchan again.
Obedient lawyers' associations, it doesn't matter if what they do is ruining a person's life. When I saw this article by Bin Yuyun, I didn't know if their hearts hurt or not. (Author: Object).
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