It is understood that in June this year, Gong Gangmo was charged with crimes such as organizing and leading an underworld organization, intentional homicide, illegal trafficking and transportation of firearms and ammunition, and trafficking and transportation of drugs. The case is a major case of great concern to Chongqing citizens. Gong Gangmo's relatives entrusted Li Zhuang to defend him. Recently, Gong Gangmo himself took the initiative to report the case, and the public security organs initially found out that Li Zhuang illegally helped the defendant to cross-examine with others when he was exercising his duties as a defender in Chongqing, and instigated Gong Gangmo to fabricate lies such as being tortured by the public security organs and being "incontinent after hanging for eight days and eight nights", and instigated him to provide false confessions to the court and demand a retraction. His behavior has violated the provisions of Article 306 of the Criminal Law.
Lawyers in Li Zhuang can really "pretend" and "make money" with one hand.
Li Zhuang, 48, has been a law firm for more than ten years, and his Kangda law firm also has a "background" in Beijing. Li Zhuang, who pays attention to "social status", is willing to come to Chongqing to fight triad-related lawsuits this time. Besides being invited by Gong Gangmo business partners, he also promised to "make money".
10 In late June, Gong Gangmo's relatives and friends gave 200,000 yuan to the account of the law firm to "save the boss", but this was far from satisfying Li Zhuang's appetite.
On the grounds of holding an "expert analysis meeting" in Beijing, he asked the other party for another 300,000 yuan. After arriving in Chongqing, he said to his relative Gong, "This case is a bit complicated, and the lawyer's fee is low. I have to get through." Forced to do so, Gong once again entrusted others to "install" RMB 654.38+0.00 million into the account.
When "fishing for money" came, Li Zhuang and others began to implement "fishing for people". After three meetings and face-to-face interviews with Gong Gangmo, on February 3, 65438, Li Zhuang came to the No.1 Intermediate People's Court and raised a series of fabricated problems, such as the defendant Gong Gangmo was tortured to extract a confession during the investigation, he could not meet his client normally, and the defendant's detention place was illegal.
Later, Gong, the instructed younger brother, invited Li, the main person in charge of the local Poly nightclub, to meet in a teahouse near the Olympic Sports Center in the High-tech Zone. According to the instructions, Gong asked Li to close the Poly nightclub during his trial. In this regard, Li said that he could not make a decision and returned to Poly Nightclub, where Wang and the heads of these two departments came to the teahouse again. In the car driven by Gong, the three men discussed closing the Poly nightclub and asked some "tainted witnesses" summoned by the police to run away and "spread" the identity of the nightclub owner.
Gong said to Wang, "Transfer the equity of the nightclub to Tang, who is on the run. Even if the police find Tang, they will say that he is the real owner of Poly Nightclub. "
However, after judicial investigation, Li Zhuang's various fake designs can't stand scrutiny, and his statements of "extorting a confession by torture" and "unable to meet normally" are even more self-defeating.
In order to set up more obstacles, new doubts are constantly concocted, such as insufficient evidence obtained by the procuratorial organs and the similarity of Gong's confession transcripts.
"The copy of the main evidence obtained by the procuratorial organ is basically consistent with the content of the evidence to be presented in court, which is in line with the provisions of the Criminal Procedure Rules of the People's Procuratorate on the scope of obtaining the main evidence; The similarity of the transcripts means that many investigators questioned Gong at different times, and their contents will inevitably be the same or similar. " The staff of the investigation team of the case said.
Li Zhuang asked Gong Gangmo to appear in court and only said three words: I don't know.
Li Zhuang, Ma Xiaojun and other lawyers instigated Gong Gangmo to retract his confession and cross-testify, which immediately attracted the attention of the Chongqing Leading Group for Cracking Down on Criminals and Eliminating Evil, and quickly organized prosecutors, lawyers and companies to set up a joint investigation team.
The investigation team has now found out that in the first meeting with on June 24th 165438, Li Zhuang read out the transcripts of several suspects in the same case, especially the confessions of another main suspect in the same case, Fan, and also told the fugitive information of the important suspect in the same case.
165438+1October 26th, in the second meeting, he said to Gong: "From your materials, you must have been induced to confess and tortured to extract confessions. When asked in court whether he was extorted by torture, he should admit it loudly, exaggerate the process of extorting a confession by torture, and deny the confession made at the investigation stage on the grounds of extorting a confession by torture. " At the same time, Li Zhuang also fabricated many "details" and asked Gong Gangmo to say in court: "The previous confessions were fabricated because I was hanged by the police for eight days and eight nights and was beaten to incontinence."
Zhuang Li told Gong Gangmo in a threatening tone: "If you extort a confession by torture, you will have to be shot ... You have to be reasonable and have a reason."
Afterwards, Li Zhuang said to Gong, "I told him that he was forced to confess by torture, and then I insisted in court that the police beat him and hanged him, so as to overturn the evidence against him before."
Li Zhuang also proposed to Gong Gangmo: "During the court session, I will ask for an adjournment to make a judicial appraisal of the injury caused by extorting a confession by torture. If the court doesn't agree, I will take the initiative to stop being your lawyer, and then the court will let you find a new lawyer within three days. If you can't find it, the court will appoint one for you. Do you know how to do it? You must never accept a court-appointed lawyer. As long as I defend you, the court will not open. A case I handled in Liaoyang used this trick to drag the court for a year and a half! "
On February 4, 65438, in the third meeting, Li Zhuang made it clear to Gong Gangmo that he had contacted several witnesses to cooperate in perjury, and instigated Gong Gangmo to cooperate in fabricating facts to prove it, in an attempt to avoid the facts of the case.
Li Zhuang said to Gong Gangmo, "It has been arranged that your wife will testify at the trial to prove that you are not a triad." Instigate him to say, "Your wife will say that Fan and Donald Duck Li are actually extorting money from you, mainly because these people can't afford to offend", so as to weaken their leading position and role in the underworld organization. "From your point of view. For example, Fan and Li call you for money, and you go back to borrow money from your wife! Your wife said she wouldn't lend it to him. You said that if you don't borrow it, we dare not provoke him, we are afraid of him! "
At the same time, during the meeting, Li Zhuang also encouraged Gong Gangmo not to admit illegal and criminal acts such as drug trafficking, gun selling and opening casinos, and said, "You don't know about opening casinos, drug trafficking and gun selling. Ask these questions in court, and you say no, I really don't know, that's all, don't say anything else. "
Gong even perjured himself, proving that the defendant company planted trees in Dazu County and benefited one party in Dazu County Forestry Bureau, in order to show that it had made a certain contribution to society and tried every means to excuse it.
According to the suspect Gong Yunfei, "I understood at that time and immediately issued a certificate according to his meaning."
Li Zhuang flaunts himself as "black enough, stupid enough, rich enough, come quickly".
Upon investigation, when Li Zhuang arrived in Chongqing, he boasted that he "had someone at the top", repeatedly said "Do you know my background" and "Do you know who my boss is", and endlessly talked about his "successful cases" of "fishing for people".
Li Zhuang told relatives and friends in Gong Gangmo that he wanted to set up an "inter-regional salvage team" as soon as possible. To this end, he gathered a group of "experts" in Beijing, Chengdu and Chongqing.
Gong Gangmo's relatives and friends are eager to "fish for people". Coupled with Li Zhuang's many speeches, they always paid 2.45 million yuan to the "cross-regional salvage team" within a few days. On behalf of the "salvage team", Li Zhuang asked Gong Gangmo's relatives and friends to promise that if Gong Gangmo is not sentenced to death, it will cost 20-30 million yuan, and it will be cashed when it is done.
However, the "Gong Gangmo Friends and Family Group" which spent a lot of money never imagined that their large investment was like "slaughtering sheep" in Li Zhuang's eyes. Delighted, Li Zhuang sent a message to his peers in Beijing: "It's dark enough, stupid, rich, come quickly!"
A Chongqing political and legal cadre who did not want to be named told China Youth Daily that after a series of cases of cracking down on gangs and eliminating evils in Chongqing entered the judicial process, "going to Chongqing to represent gangs-related lawsuits" became a hot topic for lawyers. Many Beijing lawyers rushed to Chongqing to look for opportunities to carry out "business" and implement "hidden rules".
The official analyzed that behind the "Li Zhuang phenomenon" is the "hidden rules" and the space for its existence and spread. On the one hand, China's lawyer law is relatively advanced, while other laws are relatively backward. On the other hand, lawyers' exercise of "hidden rules" is one of the supporting points of judicial corruption, and it is also the object of "honor" after some entrepreneurs are suspected of committing crimes. In order to save their lives or reduce their punishment, they often spend millions or tens of millions on "salvage". What is more tragic is that some lawyers or law firms even invented "internal hidden rules" in order to get high returns: once a lawyer is "done", the law firm will remove him from the list and hire him back to his post after a while; Another trick is to change lawyers at random, that is, one or a group of lawyers act as "Depth Charge", and then change other lawyers to appear in court after implementing the "hidden rules" to get money.
Nearly 20 people, including Li Zhuang, were arrested. Why do lawyers know the law and break the law?
65438+February 65438+February, someone who had been alert and sneaked back to Beijing sent a short message to a leader of the Chongqing court: "After the organization decided, all two lawyers of our Kangda Law Firm withdrew from the Gong case and no longer acted as defenders. Please tell the relevant parties. "
But that night, Li Zhuang was summoned by Chongqing Public Security Bureau. 65438+February 65438+March, with the approval of the procuratorate, Li Zhuang was arrested.
Article 306 of China's Criminal Law stipulates that in criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony to facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
"It should be said that ordinary lawyers should be familiar with Article 306th of the Criminal Law. As a senior lawyer, Li Zhuang should know it by heart. What made the lawyers in this case turn a blind eye to this hanging sword and take risks? In addition to the temptation of money, there must be a more important reason, that is, the so-called' relationship background' that makes Li Zhuang and others fearless. " A Chongqing political and legal system official told the China Youth Daily reporter.
The latest investigation shows that in this "lawyer fraud case", apart from Li Zhuang's personal background, two lawyers in Chongqing also asked relatives and friends in Gong Gangmo for an "activity fee" of 950,000 yuan, and were involved in the "fraud case", trying to lure individual police officers from the political and legal departments to join the "fraud production chain" with money. At present, Wu Jiayou, one of the lawyers involved in Chongqing, has been arrested by the police.