1. What are the conditions that constitute the crime of obstruction of testimony by defenders?
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1. What are the conditions that constitute the crime of obstruction of testimony by defenders?
1, object element.
The object of this crime is the personal rights of citizens and the normal activities of judicial organs, and it is a complex object. This crime hinders the normal activities of the judicial organs, which refers to the criminal litigation activities of the judicial organs;
2. objective factors.
Objectively, this crime is manifested as the act of destroying or forging evidence, helping the parties to destroy or forge evidence, threatening or inducing witnesses to change their testimony or perjury against the facts.
3. Main elements.
The subject of this crime can only be the defender and agent ad litem of criminal cases.
4. Subjective factors.
Subjectively, this crime has direct intention. The perpetrator's criminal motives may be protecting relatives and friends, seeking revenge for personal gain, greedy for money, etc., but different motives do not affect the establishment of this crime.
Second, what are the criminal facts that constitute the crime of defenders obstructing testimony investigated by public security organs?
(a) whether there is a criminal act;
(two) the time, place, means and consequences of the crime;
(3) Whether the criminal act is committed by a criminal suspect;
(4) the identity of the criminal suspect;
(5) The motive and purpose of the criminal suspect in committing a criminal act;
(six) the responsibility of the criminal suspect and the relationship with other co-defendants;
(seven) the criminal suspect has circumstances that cannot be given a heavier, lighter, mitigated or exempted punishment;
(8) Other facts related to the case.
3. Will the lawyer's practice certificate be revoked if he constitutes the crime of obstructing the defender's testimony?
If a lawyer constitutes a crime of obstruction of testimony by a defender, his lawyer's practice certificate shall be revoked. Circumstances for revoking a lawyer's practice certificate include:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;
(9) divulging state secrets.
If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.
Defenders can only defend criminal suspects according to law. Although China's legal system fully guarantees the defender's right to defense, defenders also need to strictly abide by national laws and regulations in criminal proceedings, and the evidence provided by both the prosecution and the defense must be cross-examined in court. The illegal evidence provided by the defender cannot be used as the basis for ascertaining the facts.