Lawyer

Chapter 138
"Later, how did Han Liang find out that he was cheated?" Attorney Zhao asked.

"Later, Han Liang felt that it was not normal for the school to issue the admission notice in May, so he went to the school to inquire, but the school said that the admission notice had not been issued at all, and the time for this year's admission notice has not yet come.

After Han Liang knew that he had been cheated, he went to the tax bureau to check the uniform invoice for motor vehicle sales. The invoice itself was fake, and the tax bureau would definitely not be able to find it.The matter of the child's schooling and the purchase of the vehicle confiscated by the customs failed, so Han Liang reported to the police in a rage.The police arrested my son on suspicion of fraud.

That's it, now the case has been transferred to the Procuratorate.Lawyer Zhao, Lawyer Fang, let's see if my son can be released on bail pending trial, and if he can find a way to get my son out later. "Yuan Changzheng said.

"Let me talk about my thoughts first. If there is anything I can't say, lawyer Fang will add it." Lawyer Zhao smiled.No matter how Fang Yi looked at it, he felt that his smile was not quite right, and there was a faint hint of sarcasm.

Since people wanted to speak first, Fang Yi naturally didn't want to be the first, so he could only sit there and listen to his opinions.

"First of all, if what Mr. Yuan said is true, Yuan Wei, for the purpose of illegal possession, fabricated facts and concealed the truth, defrauded Han Liang of 7 yuan, and his behavior is indeed suspected of fraud.

However, Article [-] of the Interpretation of the Supreme People's Court on the Application of the "Criminal Procedure Law of the People's Republic of China" that came into effect on January [-], [-] stipulates that "in cases where a settlement agreement has been reached, the people's court shall The defendant is given a lighter punishment; if the conditions for the application of non-custodial sentences are met, non-custodial sentences shall be applied; if the statutory minimum penalty is still too heavy, the punishment may be mitigated; if the overall case considers that the crime is minor and does not require a criminal penalty, the criminal penalty may be exempted . '

According to the above explanation, in this case, if you can find the victim and reach a settlement agreement with him, it will be of great benefit to Yuan Wei's sentencing. Lawyer Zhao said confidently.

Sometimes a lawyer’s self-confidence can affect the client’s choice, which is more effective than boasting, because it is a hint that the client will interpret a lot from the lawyer’s self-confidence. For example, the lawyer has rich experience and must have done similar cases , winning the lawsuit is basically in the palm of your hand.

"Do you think it is possible that the crime in this case is minor and does not require a penalty?" Yuan Changzheng showed concern.

"Lawyer Fang, what do you think?" Lawyer Zhao didn't answer directly, and kicked the ball to Fang Yi.

Fang Yi scolded in his heart, you said all the good things, and dumped the offending things to me, how could Yuan Changzheng have a good impression of me.

“按照《最高人民法院、最高人民检察院关于办理诈骗刑事案件具体应用法律若干问题的解释》（自2011年4月8日起施行）第一条之规定，诈骗公私财物价值3000元至1万元以上、3万元至10万元以上、50万元以上的，应当分别认定为刑法第260六条规定的‘数额较大’、‘数额巨大’、‘数额特别巨大’。

The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the economic and social development status of the region, jointly study and determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph, and report to the Supreme People's Court and the Supreme People's Procuratorate for record.

So far, our province and the provincial high court have not reported the specific amount standards implemented in the region, so it is still determined according to the above standards.

According to the above regulations, the amount Yuan Wei defrauded should be between a large amount and a huge amount. It mainly depends on the attitude of pleading guilty, the compensation situation, the understanding of the victim, etc. The judge of the court has the right of discretion.

Therefore, Yuan Wei's case should not be considered a case where the circumstances of the crime were minor and no penalty was imposed. "Fang Yi said truthfully.

"Of course, Mr. Yuan, don't be too pessimistic. Article [-] of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China that I just mentioned is applicable.

If the defendant issues a letter of understanding and then reaches a settlement agreement with you, the court will still consider the specific sentence when sentencing.Yuan Wei has been in custody for such a long time. It is estimated that when the judgment comes out, the time in custody will be equal to the sentence, and your son will be released in a short time. Lawyer Zhao added.

"Lawyer Zhao, Lawyer Fang, are you familiar with the District Court, can you help with the operation?" After Yuan Changzheng finished speaking, he looked at Fang Yi and Lawyer Zhao who were opposite.

It should be said that Yuan Changzheng's way of thinking is very Chinese. Whenever he encounters trouble, the first thing he thinks of is to find a relationship.

Fang Yi has no relationship with the court, so he dare not solicit business like this.He didn't dare not mean that others didn't. Lawyer Zhao was startled when he heard Yuan Changzheng's words, and then rolled his eyes.

"I have been a lawyer for half my life. If I say that I know all the judges in the court, I am fooling you, but how can I not know a few judges after I have been a lawyer for a long time.

Besides, our law firm has more than 100 lawyers in the city, which can be called a large law firm. There are not a few lawyers who handle criminal cases. The case has not yet reached the court. After the case is assigned to the judge, I will give you ask.I don't know each other, and other lawyers may not know each other.

If it is impossible, you can find the director of the criminal court. The judge in charge of the case is uncertain, but the chief judge and deputy chief judge of the criminal court are fixed.But it is too early to say this, and it will not be too late to say when the case reaches the court. Lawyer Zhao said with a smile.

There was nothing wrong with what Lawyer Zhao said, as if he had said something, but he seemed to have said nothing at all.In short, give Yuan Changzheng hope and tell him that I have something to do with him, but he can't grasp it. Anyway, the case has not yet reached the court, and only God knows which judge will handle the case. Fool!
Now we are talking about the facts of the case, the question of whether to entrust or not. As long as Yuan Changzheng entrusts, we will talk about finding someone to spend money at that time. It is really impossible to just find a reason to prevaricate Yuan Changzheng. You can't really go to court.Lawyer Zhao has done this kind of thing not once or twice, he has experience.

"Lawyer Fang, how is your side?" Yuan Changzheng looked at Fang Yi.

"If you follow the advice that Lawyer Zhao and I gave you before, I estimate that once the sentence and the time in custody are offset, your son will not be in there for too long.

I don't think it is necessary to find someone for this kind of case. Of course, if you have a relationship, you can ask someone to help you through your relationship. "Fang Yi said.

Obedient and listening, Yuan Changzheng understood as soon as he heard it, Fang Yi had no relationship with the court.

The rest of the conversation was much simpler. Basically, Yuan Changzheng was talking with Lawyer Zhao, and Fang Yi occasionally added a sentence.Yuan Changzheng's daughter-in-law, Yang Jing, also highly respects Lawyer Zhao, but rejects Fang Yi, who was recommended by Mr. Meng.

(End of this chapter)