The Analysis Of The Case Of Chenyong, Linqin, Chenyuan Defendr Prejudice The Case To Testify

Article 307 of the Criminal Law of the crime of obstruction to testify, but Article 306 of the Penal Code also provides that the defender, agent destroying evidence, false evidence, prejudice to the crime testified that the two articles on the subject of crime in the provisions of the reflects the relationship between tolerance and being tolerant. So when these two combine together to commit the crime shall be subject to conviction then? And practitioners in our criminal theories are disputed. Article 306 of the Criminal Code is an optional charge, judicial workers, according to the case in practice, different, choose the most appropriate to the offense, which advocates and defenders Obstruction of Witnessing the crime of forged evidence in evidence in all the time the crime, in the end what's wrong with the set? Article initiate talk about several issues in this view, put forward my own humble opinion. The article is devided into three parts after the introduction and each part of the key as follows:The first part mainly introduces the basic situation of the case, the Procuratorate's advocate, defend and advocate the views of the defendant, the facts and evidence of the people's court findings and the court's final decision.Accused Chen Yong, Lin Qi, evidence of the behavior change in the second part of the article related to the behavior in the end to be forged evidence or witness evidence to prejudice the conduct. And in the second part, the article talked about the biggest difference between Defender Obstruction of Witnessing and Defender Falsifying Evidence. Chen Yuan, the defendant was not criminal under Article 306 of the special subject and he doesn't have a specific identity. So based on an analysis of the identity the author obtained his view of the problem of how the issue to Chen Yuan's conviction.The third part concludes by case analysis:Article 306 of the Criminal Code set is reasonable. Because any human freedom is limited, the state law gives defendants the right, at the same time, state law should also limit the rights of the defendants. Lawyers, as advocates of the main component of the rule of law plays a significant role. Therefore, we should strengthen the lawyers professional ethics, and to improve the overall quality of lawyers to make lawyers in the building of a harmonious society distribute its own unique light.