Ningxia lawyer Ma Yunchan can be described as the "worst female lawyer in history".
In October 2019, when Ma Yunchan was handling a criminal case, she was investigated by the Ningxia Yanchi County Public Security Bureau on suspicion of "helping the party destroy evidence".
Since then, for more than four years, the procuratorate, the courts, and the bar association have taken turns to try to criminally punish the female lawyer or to punish her professionally.
The prosecution alleges that in January 2018, lawyer Ma Yunchan helped the client "lead the talk" in the course of the criminal proceedings; Ma Yunchan, as the defender, helped the client destroy the evidence, constituting the "defender's crime of destroying evidence".
However, Ma Yunchan did not recognize the facts and charges of the alleged crime, saying that the party had never told her about transferring evidence.
On August 7, 2023, the Yanchi County Court made a first-instance judgment and found Ma YunchanNot guilty
The court pointed out that Ma Yunchan helped the client transfer the evidence, but did not help destroy the evidence, and the prosecution's accusation that Ma Yunchan's behavior constituted the "defender's crime of destroying evidence" was insufficient, and the charge could not be established.
Subsequently, the Yanchi County Procuratorate filed a protest, arguing that the court had made a mistake.
The Yanchi County Procuratorate stated in the "Criminal Appeal" that Ma Yunchan's behavior obstructed the normal criminal proceedings of the judicial organs and also violated the criminal defense system.
In December 2023, the Wuzhong Intermediate People's Court made a second-instance ruling, rejecting the Yanchi County Procuratorate's protest and upholding Ma Yunchan's appealNot guiltyVerdict.
The Wuzhong Intermediate People's Court pointed out in the ruling that the testimony of the relevant witnesses reflected that Ma Yunchan had "brought words", but it could not prove that Ma Yunchan had the direct intention to help the parties destroy evidence, and the "acts of talking" did not play a substantive role in helping to destroy evidence, and the "act of bringing words" could not be expanded to "destroy evidence".
After four years, Ma Yunchan was finally found innocent.
For four years, she was forced to suspend her practice because of criminal charges, her lawyer's license was suspended, and her law firm dismissed her.
Ma Yunchan originally thought that after the criminal case was settled with "innocence", she would soon be able to return to her normal life and work.
But "those people" still have no intention of letting her go.
In January 2024, Ma Yunchan received the "Notice of Case Filing and Investigation" from the Disciplinary Committee of the Wuzhong Lawyers Association:
The Lawyers Association received a judicial proposal from the Yanchi County Court, reflecting that Ma Yunchan helped the parties "bring words" to interfere with judicial litigation activities; Bar Association decidesInitiation of an investigation
According to the "Judicial Recommendation" from the Yanchi County Court, the Yanchi County Court found during the trial that although Ma Yunchan's behavior did not constitute a crime charged by the public prosecution, it violated the relevant provisions of the Criminal Procedure Law.
In the "Judicial Recommendation", the Yanchi County Court asked the Wuzhong Lawyers Association to "strengthen the supervision of lawyers in the jurisdiction and ensure that lawyers properly exercise their authority".
At present, the industry punishment of Ma Yunchan has not been officially made. However, Ma Yunchan inquired in many ways and learned that the lawyers association was ready to give the punishment of "suspension of membership rights for half a year".
After waiting for a long time, I finally waited for the not guilty verdict, but before I resumed my practice, I will face "suspension of practice" again, I don't know how much strength lawyer Ma Yunchan, who is already physically and mentally exhausted, still has to "fight" with the Lawyers Association.
In fact, Ma Yunchan's experience involves the practice survival of the entire lawyer industry.
After Ma Yunchan was acquitted in the first and second instances, now, a lawyers' association has jumped out and started it."Third trial
After so many years of tossing and trying all kinds of tricks, why bother to punish an innocent lawyer?
Undefined feminine power