Lawyers can say black into white?

(Shenzhen lawyer Wang Rongli) summarize their own nearly 20 years of experience as a lawyer, and then ask yourself, I can say black into white, white into black? After repeated serious thinking, my answer is, I can not! Article 3, paragraph 2 of the Lawyers Law of the People's Republic of China stipulates: "The practice of law must be based on facts and be guided by the law." This principle stipulates that lawyers must "base their practice on facts" and seek truth from facts; facts are black or black, white or white, and not black and white. Similarly, article 6 of the Criminal Procedure Law of the People's Republic of China, article 7 of the Civil Procedure Law of the People's Republic of China, and article 4 of the Administrative Procedure Law of the People's Republic of China also stipulate that the People's Courts must adhere to the principle of "taking the facts as the basis, and the law as the guiding principle" in adjudicating cases. That is to say, the court judgement, also must adhere to the "based on facts, to the law as a guideline" principle, respect the facts, black is black, white is white, can not be black and white, or invert black and white. According to the above legal provisions, lawyers can not say black is white and white is black. Even if the lawyer says so, the court cannot rule in this way. So the lawyer's words are also in vain. Black should still be black and white should still be white. This statement is completely wrong. Here said black and white, if it is the color of black and white concept, that has become a recognized truth, there will not be any controversy, black and white, a glance can be seen clearly. But if it refers to legal disputes, legal disputes in the "black" and "white", often not so black and white, can be seen clearly at a glance. Facts and reasoning in legal disputes, many after the fact can be said to be "gray", "white" in the "black", "black" in the "white There is "black" in "white" and "black" in "white", and it is difficult to distinguish between "black" and "white". Standing in a different position, standing in a different angle, see the "color" may be different. If "white" is good and "black" is bad, then both sides of the controversy often want to show their "white" part, and the other side of the "black" part. The "black" part pointed out. This after the fact, how to say favorable, how to say reasonable, how to say can be accepted by the judicial organs, how to say to restore their own "white", then this requires legal skills, the need for lawyers to provide the necessary help and services. For example, a suspect, his behavior may constitute a crime, may not constitute a crime. If the public security or prosecuting authorities consider the danger to society, that is, if they look at the issue from a "black" perspective, they will consider him to have committed a crime. However, if the suspect considers the matter from the perspective of "white", he will think that he does not constitute a crime. But the suspect to their own legal knowledge and in the loss of personal freedom, is very difficult to fight with the public security, the procuratorial organs, he himself is not enough to put their "white" to say out and say clearly, so they need the help and service of lawyers, the need for lawyers to debate on his behalf with the relevant judicial organs, to identify his "white". To recognize his "white". Of course, in this process, lawyers may also see the "black" side of the suspect, but this is not the responsibility of lawyers, but of the relevant judicial authorities. The duty of lawyers is to try by all means to reveal the "white" side of the suspect, and to prevent the judicial authorities from "blackening" the suspect, to speak up for the suspect, and to safeguard the suspect's legal rights and interests. In the end, if the suspect is really "black" enough to be sentenced, it is not the lawyer's fault, it is the result of his inherent "blackness". Only in the degree of "black", the lawyer to grasp the right balance, do not let the suspect sentenced by the actual more "black" even if it is the duty. If the suspect is not "black" enough and is eventually acquitted, it is not the result of the lawyer's "turning black into white", but the result of the lawyer's "turning white into white". That was not the result of lawyers "turning black into white", but of lawyers "turning white into white". Sometimes, as depicted in many Hong Kong movies and TV dramas, the suspect is obviously guilty, that is, he is really "black" enough, but as a result, after the lawyer's defense, the "black" side of the case is eventually covered up, and as a result, the suspect is convicted as "white" and acquitted. The suspect was found to be "white" and was able to get away with it. This should be the fundamental reason why many people think that lawyers can "turn black into white". In fact, this is mostly just a fictionalized story from Hong Kong movies and television, and the probability of this happening is not very high. Even if it exists, it can only be said that the relevant judicial organs are incompetent or dereliction of duty, rather than lawyers really have such a great ability to really "black into white". More often than not, the judiciary ends up convicting innocent people, convicting misdemeanors into felonies. That is to say, the "white" is sentenced to "black", or the "black" is sentenced to "black". This is a situation that can be characterized as both "white" and "black" or as "black". The occurrence of this situation, can be said to be both the failure of the lawyer's defense, can also be said to be the relevant judicial organs of dereliction of duty. Such a case is wrongful conviction. In order to minimize the occurrence of wrongful convictions, it is essential for criminal suspects to hire lawyers and for the state to ensure that lawyers are able to play their role adequately. This is true for criminal cases, and it is basically similar for civil cases. Plaintiffs and defendants all hire lawyers, also to prove their own justification, so that lawyers based on the law to reason for themselves. Under the Western judicial system of jury deliberation, whichever side's lawyers are reasonable, whichever side's lawyers are able to persuade the jury members, and whichever side's lawyers are able to convince the jury members, whichever side is able to win the case. In China's current judicial system, the plaintiff and the defendant's lawyers, in addition to helping their clients to collect and organize materials, investigate and provide evidence, write legal documents and perform litigation procedures, is to persuade the presiding judge to adopt their own views. As the judge is also a professional legal personnel, lawyers that is, the "black" is "white" or "white" is "black ", but the judge is not a fool, they can hear such a lawyer is completely in the nonsense, they will not be adopted in the judgment, so the lawyer said is also said in vain. Unless the individual judge has some personal agenda. In that case, there is no lawyer said, some judges may sometimes directly to the "white" judgment into the "black", the "black" judgment into the "white". "White", this is a different story, is another topic, has nothing to do with lawyers. For Chinese lawyers, many times the judge is "you say your, I judge my". In such a case, the lawyer only factually their own side of the "white" as white, the other side of the "black" as "black", may only be able to get the judge's respect and Otherwise, nonsense may not only fail to play a good role, but may also play the opposite role. In short, the reason why some people open their mouths and say that lawyers "can turn black into white and white into black" is entirely due to watching too much Western and Hong Kong film and television works.