🔊 Text To Speech
Listen while reading
168: This way you don't have to worry about execution.
In civil cases, it's like this: the act is invalid, but the money is real. No matter how much you argue, you can't deny that they originally paid 150,000 as aRegistration fee.
Of course, nominally it was called a management fee.
After speaking, Zhou Yun didn't bother with Yu Yuntao, whose face was as black as the bottom of a pot, but instead looked at Yue Xialan next to him.
"Lawyer Yue, well done! Someone who didn't know would think we were colluding. How is the crime of obstructing testimony defined? Tsk tsk tsk..."
Originally, there was no need for this. Zhou Yun could have waited for the other party to post the judgment online, and then slapped them in the face when he was ridiculed across the entire internet.
But he didn't really like that. It felt less satisfying through the internet, like sometimes through a layer of rubber.
He preferred this face-to-face, direct... method.
So, when he reported cases in the past, he would always ask the Police Comrade to convey a message; otherwise, he always felt uncomfortable.
Now he finally felt comfortable, especially when he saw the expression on Lawyer Yue's face change.
"You see, some things are scary when you think deeply about them. Alright, you few can continue chatting. I still need to go to the Public Security Bureau to report a case; I'm in a hurry."
"I planned all of this. I originally thought I could try to play a game, but who would have thought that I dug a pit, and you jumped right in without hesitation? Then there's nothing I can do."
"I'm leaving now."
With that, Zhou Yun walked out with the judgment.
Director Xie and the others here were still a bit unclear, but they quickly learned the situation from Yue Xialan.
"What? Lawyer Yue, are you saying that... we might be involved in a crime? No, we didn't do anything!"
Yue Xialan quickly asked, "Did you give that project to Gao Yewei?"
Director Xie replied, "It's already been given... No, Lawyer Yue, people these days won't act unless they see a benefit. Otherwise, how could they issue this opinion letter to us?"
Hearing this, Yue Xialan's face turned pale: "It's over..."
On the other side, Zhou Yun certainly didn't leave so directly. If he left today, he would undoubtedly offend the Presiding Judge to death.
Although the other party should bear the full blame for not discovering the problem, strictly speaking, Zhou Yun did outmaneuver him.
So Zhou Yun walked out and secretly made a phone call, then called the other party out.
Soon, Yu Yuntao, whose face was as black as the bottom of a pot, walked out and said,
"Lawyer Zhou, what else do you need? I'm already..."
Zhou Yun smiled and said, "Please don't be angry. You are very clear about the current situation, so I suggest that the Intermediate Court and I jointly transfer the materials to the Public Security Bureau and report the case!"
Ah? Hearing this, Yu Yuntao, who was in his forties, was a bit confused.
Zhou Yun then explained, "Think about it, if you report the case with me, what does that mean? It means that the Court discovered illegal criminal issues after rendering the judgment, and then transferred the clues with the Lawyer Zhou."
"Oh, right, if it's convenient, you can stabilize these few people first, then call the police and have the Public Security Bureau come over."
"When it involves illegal criminal issues, even if the judgment has a slight oversight, it's nothing, don't you think? Anyway, at this point, it doesn't matter if this information isn't made public."
This is another common tactic Zhou Yun uses, though it can't really be called a tactic; it's just a normal win-win situation.
As mentioned before, in economic cases, especially fraud cases, there's over a ninety percent chance that a self-reported case won't be filed.
Even though Zhou Yun sounds very convincing now, when you report a case, they won't listen to you, and you'll still be helpless.
Therefore, the best way is to have the Court "transfer clues," with him, as the Lawyer Zhou, cooperating.
This way, it makes sense, and at least the case can be filed.
Once the case is filed, it's easy to talk; basically, once they sit on that chair, everything can be exposed.
Contract fraud might not work out, but obstructing testimony should be possible.
Hearing this, Yu Yuntao couldn't help but glance at Zhou Yun. Based on his experience, he could basically imagine that if this case were truly investigated, God knows what a massive earthquake it would cause in the Yinshan District education system.
That Shanghai Lawyer Yue Xialan would likely be imprisoned.
Zhou Yun looked a bit shy when he smiled. Probably no one would have thought that this somewhat handsome young man would have such a vicious heart!
Others sue for money; he sues for lives!
However, at this point, Yu Yuntao had no reason not to agree. It was just transferring criminal clues; since they were discovered, they must be transferred.
What did an earthquake in the Yinshan District education system have to do with him, an administrative judge of the Intermediate Court?
Thinking of this, Yu Yuntao immediately said, "Lawyer Zhou, I'll stabilize them. You report the case. Providing clues isn't enough; we'll deliver the people too."
"If it really doesn't work, I'll call the bailiffs..."
Hearing this, Zhou Yun, who had been shy, instantly broke character and quickly said, "You are indeed thoughtful in handling matters. How did I not think of that..."
The few people inside were all on their phones.
Yue Xialan was asking for information from a criminal defense lawyer at the same firm.
"Yes, it's already been ruled. I overlooked the existence of theRegistration fee. What should I do..."
Director Xie and the others were also on the phone, but from their expressions, it was clear that the leaders on the other end were not happy after hearing the news.
It was originally just a civil case, but now people are going to jail?
But the tricky thing about this matter is that once there's real trouble, Gao Yewei will 100% choose to shift the blame.
Why? The crime of obstructing testimony is not perjury. Perjury occurs in criminal proceedings.
Article 305 of the criminal law stipulates: In criminal proceedings, witnesses, appraisers, recorders, and translators who intentionally provide false testimony, appraisals, records, or translations regarding facts materially related to the case, with the intent to frame others or conceal criminal evidence.
See? This means that under normal circumstances, even if perjury is committed in civil and administrative cases, it generally does not involve criminal liability.
Therefore, any claims of people being sentenced for perjury in civil cases have no legal basis whatsoever.
What the Court can do is impose fines and judicial detention.
This can also be considered a legal loophole; there are indeed many cases of perjury in civil cases these years.
However, the crime of obstructing testimony is different.
Article 307 of the criminal law stipulates: The crime of obstructing testimony refers to preventing witnesses from testifying or instructing others to commit perjury by means of violence, threats, bribery, or other methods.
Bribery means giving benefits; everyone understands this.
This crime is very special. Have you noticed? This crime only deals with those who "prevent others from testifying or instruct others to commit perjury by means of violence, threats, bribery, or other methods."
See? This means that the person who actually commits perjury does not involve criminal liability.
Conversely, the person who instructs the other party to commit perjury will be held criminally liable.
There is a similar crime called "inducing, harboring, or introducing prostitution."
To put it bluntly, neither the buyer nor the seller is involved in a crime, at most a public security penalty, but the person who introduces or provides a place is committing a crime.
So don't casually tell people where there are services; those two will at most get fifteen days, but you will get a criminal record!
Therefore, Yue Xialan and these few people are directly in trouble.
There have been similar situations in previous years. In fact, this kind of thing is easy to avoid, especially within the system. Don't take the initiative; if you lose the case, you lose it. What can you do? You don't have to pay the money yourself in the end.
But no, they insisted on taking the initiative, and they went in...
No matter how much pressure a leader can exert, some people in the Sun Moumou case could still withstand the pressure; others could only transfer him away to operate.
At this point, Zhou Yun has completely taken the initiative!
Next, he just waits for the other party to offer terms, so he doesn't have to consider the difficulty of enforcement by administrative agencies; the other party will proactively pay the money in full.