Li Zhuang Case Studies

When the defender falsifying evidence and sabotaging witness crime is set since1997, the cases of the lawyer breaking it prosecuted have occurred occasionally. Lizhuang case which happened in2009is one of influential cases in such cases. The courtof final appeal sentenced Li Zhuang to1year6months fixed-term imprisonmentfollowing the defender falsifying evidence and sabotaging witness crime. Through theanalysis of the case, the behavior object of this crime is the criminal evidence, includingthe tangible material evidence and linguistic evidence. However, if you want to falsifylinguistic evidence, you need to convert it into tangible form, otherwise it can only be tothe prejudice of a witness behavior, because the defendant was not a witness, thusabetting estoppel does not apply defender prejudice the defendant testified sin. Thesubjective aspect of the crime is constituted only by the direct intention, the availableevidence does not prove that Li Zhuang knew the truth that Gong Gangmo is nottortured. Therefore it can not prove that Li Zhuang has instigated confession in directintention. Li Zhuang was sentenced the defender falsifying evidence and sabotagingwitness crime which is an optional charges, falsifying evidence which is a result ofcommitting crime and counsel testified which is a conduct crime. Li Zhuang casereflects the defender falsifying evidence and sabotaging witness crime itself and its’operation are unreasonable. In order to achieve the common of understanding andawareness, it should be regulated through legislation.