The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 405 Outrageous Defense

"Boom..."

Accompanied by the sound of a hammer being struck.

The second round of mock trial officially kicked off.

"The public prosecutor, please speak first."

The presiding judge glanced at the crowd below and spoke slowly.

The rest of the judges looked at each other.

Start to carefully observe the performance and performance of both parties in this trial.

This case is quite special.

Repeatedly, several people were involved.

Zhang San, Li Si, Wang Wu, Zhao Liu.

It includes job crimes, dereliction of duty crimes, default crimes and so on.

"Judge, judges."

On the prosecution bench.

The lawyer from Liuzhou took a deep breath and took the initiative to step forward: "We have received a report, and we have now found out that Zhang San bribed 20 yuan to Wang Wu, the director of a certain public security agency, in an attempt to open up relationships, and forced Li, the principal of a certain school, to [-]. Pay the project fee."

"Hou Wang Wu called Zhao Liu, the director of an educational institution, and paid the latter 10 yuan, and the latter helped solve the problem of paying the project funds."

"During this process, Zhang San bribed 20 yuan, which constituted the crime of offering bribes. We recommend that he be sentenced to one year in prison with a two-year reprieve."

"Wang Wu, as a staff member of a state agency, accepts bribes and introduces Zhao Liu to accept bribes to help clear up the relationship. This constitutes the crime of accepting bribes and introducing bribes. We recommend that he be sentenced to five years in prison."

"Zhao Liu, as a staff member of a state agency, accepts bribes and seeks improper benefits, which constitutes the crime of accepting bribes and abusing power. We recommend that he be sentenced to seven years in prison."

"Li Si defaulted on the project payment, and..."

The lawyer from Liuzhou held his head high and spoke loudly.

The sentencing recommendations they studied were spoken out.

According to the criminal law.

Those who commit the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined;
Those who seek illegitimate benefits by offering bribes, if the circumstances are serious, or cause heavy losses to national interests, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined;
If the circumstances are particularly serious, or if the national interests suffer particularly heavy losses, the sentence shall be fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property shall also be imposed.

Zhang San's behavior is not considered serious.

There is no loss of national interests, so the sentencing recommendation is one year with a suspended execution.

The reason why there is no real sentence.

Strictly speaking, Zhang San's behavior is still within the reasonable category.

after all……

He wants to get back the project money, which is legally worthy of support.

However, it is an obvious violation of law and discipline for him to give gifts to the staff of state organs.

It should be attacked.

And in criminal law.

The sentencing of the crime of accepting bribes is different. Those who accept bribes for a large amount or have other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

Whoever accepts a huge amount of bribes or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined or have property confiscated.

Whoever accepts a particularly large amount of bribes or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or have property confiscated.

If the amount is particularly huge and causes particularly heavy losses to the interests of the country and the people, the sentence is to be life imprisonment or death, and the property shall also be confiscated.

The crime carries a maximum penalty of death.

But if you don't corrupt thousands or trillions, you will usually not be sentenced to death.

However, Wang Wu, a director of the public security organ, received 20 yuan, but gave [-] yuan to Zhao Liu.

A decision problem arises here.

Did Wang Wu receive 20 or [-].

because……

According to relevant judicial interpretations, the standard for "a relatively large amount" is more than 20 and less than [-].

And more than 20 is a "huge amount".

More than 20, naturally including 20.

The sentencing for a larger amount is less than three years.

A large amount of sentencing is more than three years and less than ten years.

There is a huge difference between the two.

This is also a mistake that many young lawyers tend to make.

The crime of accepting bribes is based on the actual benefits of the bribe-taker, and the benefits of changing hands cannot be counted as actual income.

therefore.

Wang Wu can only be counted as accepting 20 bribes, not [-].

but……

Wang Wu also has another behavior, that is, introducing the crime of bribery.

He gave the money to Zhao Liu, the director of an educational institution, and the other party accepted 10 yuan.

The criminal law stipulates that the perpetrator who commits the crime of introducing bribes shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.Whoever introduces bribes to state functionaries, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The offense of introducing bribery comes in two forms.

One is the crime of introducing bribery, that is, according to the intention of the bribe-taker, find someone to ask for bribes for the bribe-taker, make an intermediary introduction, convey the request of the bribe-taker to the bribe-givers, and introduce bribes to state officials.

The other is introducing the crime of offering bribes, that is, accepting the entrustment of the briber, finding a target for the briber, clearing up the channels for offering bribes, introducing the briber, conveying the information of the bribery, delivering the bribe items for the briber, and conveying the briber’s request to the briber wait.

Obviously.

Wang Wu's behavior constituted the crime of offering bribes.

He accepted Zhang San's entrustment, gave Zhao 60 yuan, cleared the channels for bribery, and conveyed Zhang San's request.

And the amount is 10 yuan.

Belonging to a particularly large amount.

If the circumstances are serious, the sentence shall be fixed-term imprisonment of not more than three years.

The two counts add up.

Combined punishment for several crimes, so they proposed a five-year sentencing proposal.

As for the principal of a certain school, Li Si...

Suspected of the crime of refusing to pay labor remuneration, the sentencing range is fixed-term imprisonment of less than three years.

and so.

They suggested a two-year sentence with a three-year reprieve.

"Boom-"

After the lawyer in Liuzhou finished explaining.

The presiding judge looked at Qin Mu and Zhang Wei, and asked in a deep voice, "Does the defendant's lawyer have anything to answer for the allegations made by the public prosecutor just now?"

Hearing this, Zhang Wei couldn't help swallowing.

From getting the title of the case to now...

It was only an hour before and after.

Time is running out.

He is still in a dazed state.

Didn't figure it out at all.

He could only look at Qin Mu.

Good thing...

Qin Mu's face was calm and calm, as if he had already made up his mind.

I saw Qin Mu take a step forward.

Slowly said: "Presiding judge, we feel that...the other party's accusation just now has obvious fallacies in terms of legal interests."

Zhang Wei blinked.

I was stunned for a second.

For a while, he didn't understand what Qin Mu said.

Die with it.

The five lawyers in the prosecution bench also frowned, their faces full of puzzlement.

"First of all, the other party accused our client, Wang Wu, of accepting 20 yuan to help Zhang Sanshu get through the relationship and introduce bribes, but our client, Wang Wu, only used his factual authority as the director!"

Qin Mu smiled slightly, and continued to talk freely: "The exercise of executive powers constitutes a crime, and the conditions for seeking illegitimate benefits must be met."

"And what he sought for Zhang San was the project money that was owed, which is a legitimate interest and is supported by the law."

"So, his behavior of collecting money to help with affairs does not constitute a crime!"

After some defense.

Qin Mu's voice echoed in the moot court.

A stone stirred up a thousand waves.

The faces of the five lawyers from Liuzhou suddenly changed.

They are all gold medal lawyers.

Very quick response.

Factual authority!

Just these four words made them realize their problem.

The staff of state organs have two kinds of powers, one is statutory powers and the other is de facto powers.

Statutory powers refer to the powers within the scope of their duties.

De facto authority refers to the power that exists because of the influence of its authority.

Obviously.

What Wang Wu used was not legal authority. He did not use the power of the public security organ, but found Zhao Liu, the director of the education organ.

And because of helping Zhang San to get back the project money...

Not an undue advantage.

therefore.

Wang Wu did not constitute a crime.

"Similarly, Zhang San's sending money to Wang Wu does not constitute a crime."

Followed by.

Qin Mu struck while the iron was hot, and then retorted: "Because the crime of bribery is also seeking illegitimate interests, and Zhang San is only trying to get back his own project money, which is an interest supported by law."

Just a few minutes.

He left two of the four parties on his side out.

Zhang San and Wang Wu, one offered bribes and the other accepted bribes, but neither of them constituted a crime.

Sounds outrageous.

But exactly so.

As long as it is a legitimate interest, Wang Wu can charge as much as he wants, as long as he does not use his legal power.

As for Zhao Liu, the director of a certain educational institution...

He took the money, did the job, and used his legal authority.

However, the constitutional power constitutes a crime, which can be a legitimate interest or an illegitimate interest.

That is to say, Zhao Liu received money to do things, which constituted the crime of accepting bribes!

This is impossible to run.

As for Li Si...

The crime of refusing to pay labor remuneration constituted by arrears of project funds and refusal to pay is also a certainty.

(End of this chapter)