Ma Yu replied: "Wife Wang found us at the dock and asked us to be more gentle on certain issues. I asked, "How to be gentle? Wang's wife asked about the situation at that time. I said that Xue had vomited twice, saying that he was cold, approaching the bonfire, and leaning against Wang Shao to fall asleep. Wang's wife told me that the little fox was pretending to behave. She said that drunk people would not feel cold. Xue was not drunk at all, and was deliberately seducing Wang Shao. After leaving, I searched the Internet and found that drinking can speed up people's blood circulation and make the body heat up. In addition, Xue took the initiative to lean against Wang Shao. When Wang Shao helped her, she could still walk by herself. I think she should not be drunk."

Cao Yun asked: "Wife Wang is waiting for you at the dock. Have you ever asked you to do perjury when Xue is drunk?"

Ma Yu replied: "She didn't say it, she just said it was more tactful on certain issues."

Cao Yun asked: "What do you think is the problem?"

Ma Yu said: "I think it should be seduction... I'm telling the truth. At that time, Xue was leaning on Mr. Wang."

Cao Yun asked: "What happened when you took the transcript?"

Ma Yu said: "I take the police's problems very seriously. When I contacted the information I searched online, I also think Xue is not drunk enough to wake up from the situation."

"Oppose." Wang Lei said: "According to the police's record, their testimony was: When it was dispersed, Xue was not drunk. Now Ma Yu said again that Wang Shaoxian and Xue left."

Cao Yun said: "Please read the transcript carefully. What Ma Yu said at that time was that Xue was not drunk and could still walk with the support of Mr. Wang. Xue was not drunk when she was separated, which was the testimony of Mr. Zhao. Mr. Wang was not strong. Without Xue's help, he would not be able to carry Xue to the room. From this point of view, Ma Yu did not lie. It's just that Ma Yu had a cognitive mistake about getting drunk, and he believed that drunk people would not even walk."

Wang Leixiao: "The other party's lawyer, Ma Yu is an adult, so I don't believe he has never been drunk?"

Cao Yun looked at Ma Yu, and Ma Yu said, "On the day when I was 18 years old, my father took me to drink. It was winter. When I woke up the next day, I found myself by the lake and my father sat beside me. He told me that I was dead because he was my father and covered me with a quilt, so I was still alive. I never got drunk again because my father told me that you can only drink three bottles of beer. I have never drunk more than three bottles of beer. I have seen people who are drunk, but they all go crazy by drinking. They are relatively sober, but they are just thinking too much and brave, and they cannot be considered drunk at all."

Cao Yun nodded and said, "Judge, what I want to say is that Ma Yu did not lie in the patrol police, police records and trials these three testimony."

Wang Lei said: "I would like to remind the other party's lawyer that Ma Yu admitted in court that he had lied."

Cao Yun said: "The problem is here. When did Ma Yu admit that he lies? It was when Wang Shao admitted that he was making a lie while Xue was not awake. At this time, Ma Yu thought that his testimony was perjury, and Wang's wife asked him to be more tactful in some aspects. He linked these two points together and believed that he had done perjury. In fact, no, it was not like that. Ma Yu always believed in Young Master Wang. Young Master Wang admitted the charge and caused a great impact on his mind. Secondly, Ma Yu only explained in his subjective cognition that Xue was not drunk. Although Ma Yu's testimony was different from the facts, it was just a cognitive problem. Ma Yu did not lie." Tactics for changing the topic.

Cao Yun said: "There is a very classic case. In order to capture a fugitive, a bounty hunter punched the fugitive in the chest, and the murderer died. The bounty hunter pleaded guilty and believed that he had killed the fugitive. The bounty hunter's lawyer believed that the bounty hunter's punch caused the murderer's death was very low. The lawyer conducted countless experiments and found that the bounty hunter's punch was not enough to break the murderer's ribs, causing the ribs to enter the heart. The case finally came to light. Another bounty hunter, who attacked the murderer's chest with a potato gun a few days ago, causing the ribs to break. The bounty hunter's punch caused the fragments to peel off the ribs and fall on the heart."

Cao Yun: "Our eyes will deceive myself, let alone my own cognition? Wang's wife's testimony shows that she did not ask Ma Yu to testify that Xue was drunk, but asked to be more tactful on certain issues. Wang's wife also explained that she hoped that the third young master would be tactful: Xue was seducing Wang Shao, not whether Xue was drunk. I have twenty testimony on my side, namely Ma Yu's relatives, company subordinates, daily friends, university teachers, residential neighbors, etc.... They proved that they had never seen Ma Yu himself drunk. Next I want to invite my witness to appear in court."

Not giving the prosecutor a chance to refute, this is the difference between the rookie and the old bird prosecutor. Cao Yun now completely controls the rhythm of the court debate. The witness does not have much effect, and its biggest function is to let Cao Yun adjust the rhythm of the court debate. The prosecutor may want to refute, but when he heard that Cao Yun applied for a witness to appear in court, he would think that after the witness appeared in court, he would make plans. In this way, in the judge's subjective view, he would think that the prosecutor agreed to everything Cao Yun said before. The prosecutor would be attracted by the witness's testimony and forgot to refute Cao Yun's previous explanation.

The witness is a pair of famous sisters. The sister has a good impression of Ma Yu and pretends to be drunk and sticks to Ma Yu. As the saying goes, women are not drunk, men have no chance. But Ma Yu actually thought she was really drunk and called her sister.

After the witness left the seat, the rookie Wang Lei inexplicably said: "The other party's lawyer, this doesn't mean anything at all."

Cao Yun smiled in his heart and said seriously on the surface: "Prosecutor, please be aware that I don't need to prove anything. I just told the court that Ma Yu himself had misunderstandings about drunkenness, which also led to him saying the wrong testimony, but this testimony was the testimony he thought was true."

Cao Yun said: "Mr. Prosecutor, unless you can prove that Ma Yu can accurately judge whether a person is unconscious, Ma Yu's perjury is not established. Ma Yu is not a drunk expert and has no obligation to be responsible for his ability to judge drunkenness. Perjury is based on intentional lying. I admit that what Ma Yu said is not the fact, but Ma Yu said the fact he believed it."

There are two explanations for this case. One is: Wang Shaoqiangjian was established, and he himself explained the crime process. Because Ma Yu's testimony did not conform to the facts, Ma Yu was found guilty of perjury.

Another explanation: Ma Yu himself has a different understanding of drunkenness than the facts. He made the judgment he thought was correct, but this judgment was wrong.

The former is intentional lying as perjury, while the latter is a wrong judgment, which cannot even be lying.

The first possibility is, what did Ma Yu say during the trial of the wall-point case? After Wang Shao confessed, Ma Yu said: It seems that I did perjury. What Ma Yu said was relatively vague. Similarly, when Lin Shao finally confessed, he also said relatively vague things: Since this is the case, I admit that I did perjury. Only Mr. Zhao is a real person: I have been friends for so many years, and I know that perjury is a crime, but I have morality. Even if I know that I am in jail, I must stand up.

Judging from Cao Yun's understanding, Lin Shao and Ma Yu both deliberately made perjury. However, they had a conscience. They knew that their behavior was worthy of their brothers, but they were sorry for the victims, so they were more ashamed when they confessed, and their tone was weak, which led to blurred meanings. After being caught in the braid, Zhao Shao made a generous speech and described himself very great.

Now it is the most critical time on the battlefield.

Zhao Shao can expose Ma Yu's lying, because after Xue and Wang Shao left, they said laughably, "Mr. Wang will not eat tofu while others are not awake, right?" And they discussed such a boring topic for several minutes. In their cognition, they all believed that Xue had no ability to resist, was completely drunk and unconscious.

If Zhao Shao jumped out of the case, it would become complicated. In this case, Cao Yun had to destroy Zhao Shao's character. Simply put, it was injustice. One person could not satisfy everyone. If he wanted to be comfortable, the fewer people would be satisfied with him. This kind of testimony is easy to collect.

If Lin Shao is smart, it is like a ride-sharing ride. The worst case is that Ma Yu was besieged by Lin Shao and Zhao Shao. This is why Cao Yun is only 50% sure. If Ma Yu is really so bad as a person, four best friends want to escape, but two best friends want to take him to bury him, then Cao Yun will admit defeat.

Cao Yun believes that the most likely situation is that Zhao Shao bites Ma Yu and Lin Shao is the only witness, he will not be ashamed of Zhao Shao's behavior and instead prove that Zhao Shao is lying.

When Baichuan looked at Zhao Shao, Zhao Shao's eyes flashed. The judge keenly discovered Zhao Shaoyouyi and asked: "Zhao, do you have something to say?"

Zhao Shao glanced around and said for a long time, "I have known Ma Yu for more than 20 years and have never seen him drunk. Lin Shao's tutor is also very good, and he is also a wife who is strict in charge, and he has never seen him drunk. We have only a few people in our main social circles, and we are all tasting wine instead of drinking. Others... like the following, they dare not drink us."

Mr. Zhao chose the bright path. Although he could not escape the perjury, after he was released from prison, at least two brothers would pick him up.

Next is a step to determine the universe.

Ma Yu has really been drunk only once? And hasn't seen Xue get drunk like this?

Of course it is impossible. As a fund boss, socializing at the dinner table is necessary. Cao Yun selectively submits testimony. You must be serious and prosecutor. You can investigate and see how many people will prove that Ma Yu has been drunk. Those who can prove that Ma Yu is drunk are all people who have grudges with Ma Yu. Since they have personal grudges with Ma Yu, then Cao Yun can destroy his testimony.

This tactic is called subjective tactics and is usually used to defend the crime of murder and intentional injury to cause death. There is only one difference between the two, whether the injured person has the idea of ​​killing the other person subjectively.

For example, an adult punches a child and dies. The adult just can't stand it because the naughty child is noisy, and the naughty child's parents do not discipline their children, so they punch the child after the child disturbs him. This is the crime of intentional injury and death. If an adult admits that he has considered killing the child when punching him during the transcript, it is murder.

This defense method is suitable for relatively vague cases. Using a fist is vague. Using a dagger, there is no possibility of intentional injury to cause death.

Cao Yun: There are many ways to get drunk, not to mention Ma Yu is self-disciplined with himself, even if Ma Yu is an indulgent person, it is difficult to tell whether a person is really drunk or fake. The difference between the two testimony is entirely because of his own different understanding of drunkenness. The spirit of the criminal case is that he is guilty of being guilty, and Ma Yu did not make perjury, he just made a wrong testimony. This year, there were twenty-seven false testimony in Dongtang that were considered wrong testimony, rather than perjury.

Cao Yun: Judge, there is a basic point in the crime of perjury: subjective intention. The prosecutor has no evidence of Ma Yu's subjective intentional lying. The law stipulates that the perpetrator made incorrect identification conclusions, records, translations, or misrepresented records, misrepresented translations, etc. due to carelessness, poor work, or poor knowledge and professional ability. The crime of perjury is not valid. Therefore, I ask the prosecution to revoke the charges against my client Ma Yu.

The prosecutors were obviously not prepared enough. They believed that Ma Yu pleaded guilty in the last trial, so the facts did not need to be argued. They ignored the basic point of the crime of perjury, that is, subjective intention. As long as the prosecutor determined that subjective intention was not killed, the crime of perjury could not be established.

There were three people who could pose a threat to Cao Yun, the first one was Zhao Shao. Cao Yun collected a large amount of information in order to make Zhao Shao miss him.

The second one is Lin Shao. Assuming that Lin Shao and Zhao Shao join forces to prove that Ma Yu was lying, Cao Yun will admit defeat.

The most critical witness is Wang's wife. Cao Yun has no contact with Wang's wife. He believes that even if the prosecutor comes to Wang's wife, Wang's wife will know how to deal with the prosecution. Suppose Cao Yun and Wang's wife meet, explain the situation, or leave a call record. If the prosecution is Sima Luo, then the handle will be left.

Cao Yun's advantage is that the perjury is very minor, and no one will be willing to offend Ma Yu and the Ma family in harming others and not benefiting themselves. In this case, there is almost no social harm or moral deficiencies. Instead, Ma Yu made perjury for his friends, indicating that Ma Yu is moral. Therefore, those who will help the prosecutor have personal grudges with Ma Yu or the Ma family. Since there is a personal grudge, Cao Yun is confident that his testimony is not valid.

No matter how powerful Cao Yun is, he must have to put rice in the pot. If Ma Yu clearly admitted his crime during the trial of the wall-point case and explained the cause and effect, then Cao Yun would be unable to turn things around.

Cao Yun also wanted to collect evidence. In addition to twenty testimony and the sisters of celebrities appeared in court to testify, Cao Yun also submitted a mobile phone test report. After the incident, before Ma Yu took the record, Ma Yu searched online for the standard of drunkenness? How much did he drink when he was drunk? Is his body cold or not drunk? It further shows that Ma Yu does not have the ability to judge whether a person is completely drunk. Of course, these are facts, so Cao Yun submitted it. If the facts are not good for Ma Yu, Cao Yun would not mention this matter.

Even so, whether Ma Yu is guilty in the end depends on the judge.

Subjective intention requires subjective judgment. Since it is subjective, there is no absolute evidence, but only reference evidence. In order to influence the judge's subjective judgment, Cao Yun collected a large amount of circumstantial evidence.

The judge can rule that in the case of Wang Shaoqiangjian, Ma Yu admitted in court that he had committed perjury. As for the verbal modification and wording, this fact cannot be changed, and Ma Yu was found guilty of perjury.
Chapter completed!