Lawyer

Chapter 232 This bitch wants to bet big
In fact, when Hu Weijun was describing the case, Fang Yi had been thinking about whether the case constituted a fraud or not.

"To tell you the truth, I prefer your case to constitute civil fraud rather than fraud.

According to the provisions of Article 260 of the "Criminal Law", the crime of fraud refers to the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession by means of fabricating facts or concealing the truth.

Civil fraud refers to an illegal act in which one party deliberately expresses an untrue situation in a civil activity, causing the other party to fall into a wrong understanding, thereby causing a certain civil legal relationship.

According to Article 140, Paragraph [-], Item ([-]) of the General Principles of Civil Law, civil fraud is one of the grounds for invalidating a civil act. (Article [-] of the "Civil Code" passed in [-] has special regulations on fraud, and interested readers can check it out)

The crime of fraud and civil fraud are easily confused in judicial practice.It is often difficult to distinguish.I am just listening to your narration and making a preliminary judgment. I will not be able to determine the defense plan until I have read the case file.I will see you again at that time and tell you my defense plan. "Fang Yi said.

"Okay, thank you, lawyer Fang. You don't need to worry about it, it's all up to you. The lawyer's fee..." Hu Weijun said with a look of embarrassment.

"You don't have to worry about the lawyer's fee, Mr. Tong has already paid for it for you." Fang Yi packed up the documents and said, "Your lover is just outside the gate of the detention center. What do you need to bring to you? Clothes, shoes and socks."

"No need, I have already delivered it before, let my wife give me some money. Thank you!" Hu Weijun said.

After leaving the detention center, Fang Yi told his daughter-in-law Li Feng about Hu Weijun's request. After Li Feng finished saving her husband's money, he drove with Fang Yi and left the detention center. of the situation.Whether the couple will fly separately in the face of catastrophe... It's hard to say right now.

After the meeting, Fang Yi sorted out the facts of the case, drafted an appeal letter based on the verdict, went to the detention center again, questioned Hu Weijun according to the collected questions, and then submitted the appeal letter to the court, followed by a long wait.After the court of first instance reviews the appeal materials, it will transfer all the case file materials to the court of second instance within three days according to regulations, and Fang Yi will apply for access to the case files at that time.

During the waiting period, Fang Yi was not idle. He searched a lot of related cases on the Internet, and then called his classmates who worked in the Beijing court to discuss it.

Looking at Fang Yi's busy figure, Sun Zhengyi was very happy. He had read the entrustment agreement and knew that if Fang Yi was sure that the case could be done, there would be another 8 yuan in legal fees later in the account. So he chanted Buddha all day long, hoping that Fang Yi would accept down the case.

After May Day, the weather became warmer. Fang Yi asked Mr. Tong and Li Feng to meet again, and talked with them about his thoughts.

When Fang Yi said that he planned to defend Hu Weijun's innocence, Li Feng was very happy, but Mr. Tong frowned. When he consulted a lawyer before, he had heard other lawyers say that innocence defense was very difficult.

"Lawyer Fang, how sure are you of defending innocence? Don't get me wrong, it's not that I don't believe in your professional ability, it's just that this matter involves my brother's vital interests, so I have to ask one more question." Mr. Tong expressed He looked at Fang Yi seriously.

"Mr. Tong, I have already gone to the court to review the case file. I think that in this case, the facts determined by the court of first instance are not clear, and the evidence is not very sufficient. Whether it is from the purpose of Hu Weijun's loan or from the perspective of repayment ability, There is a chance to overturn the case. This is my personal judgment." Fang Yi said.

Mr. Tong looked at Li Feng after Fang Yi finished speaking. He knew that Fang Yi would not tell him too much, because he and Li Feng didn't understand many professional issues and technical terms.If you want to continue entrusting, you have to follow the plan of the middle-aged lawyer in front of you. Lawyers are not willing to be led by the nose.

Seeing Mr. Tong like this, Li Feng was also a little confused. Of course, she hoped that her husband would be released without charge, but in case the court rejected the appeal...

"Mr. Tong, Ms. Li, let me tell you my opinion." Fang Yi cleared his throat, and continued: "If you don't plead not guilty, but plead less guilty, I think there are also risks.

Since you have to take risks, why not maximize your benefits? Although I can't promise you anything, I think there is still a chance.You can think about it, and please let me know as soon as you think about it. "

After finishing speaking, Fang Yi was about to get up and leave. Just as he was about to take a step, Li Feng slapped his thigh and said with a heartbeat: "Lawyer Fang, I agree with your plan, and I will do as you say."

President Tong frowned a few times: Hey!Women are impulsive, it seems that this bitch is going to bet big.They are a family, and no matter how good the relationship with her brother is, she is still an outsider, so let her go.

Sun Zhengyi looked at the text message to remind him that the 10 lawyer's fee had already arrived. Adding the previous [-] yuan in the lawyer's fee, the total was [-] yuan. He didn't care whether the case was risky or not. What he cared about was the lawyer's fee.According to the agreement, Zhengyi Law Firm can keep [-], and the rest will be returned to Fang Yi.For Director Sun, this is definitely a big income.The point is that he doesn't have to do anything.

After receiving the second lawyer's fee for Hu Weijun's case, Fang Yi called Zhou Shen to explain the situation. Zhou Shen asked Fang Yi about the benefits of Gu Datong's team. After listening to Fang Yi's words, Zhou Shen didn't say anything , but from the changes in his demeanor before and after, Fang Yi could see that Zhou Shen was dismissive of the benefits of Gu Datong's team.

Criminal cases have a shorter trial period than civil cases. According to Article 240 of the "Criminal Procedure Law", "the people's court shall pronounce a judgment within two months of accepting a public prosecution case, and no later than three months." Article [-] stipulates that "the people's court of second instance shall conclude the appeal or protest case within two months."

Therefore, if the criminal case is not particularly serious and complicated, commits crimes on the move, or involves the death penalty, incidental civil litigation and other special circumstances, in principle, the trial will be very fast.

Hu Weijun's case was not complicated, so the trial started in mid-May.The first instance is heard by the Intermediate Court, and the second instance is heard by the High Court.

At [-]:[-] in the morning, Fang Yi was sitting in the trial court, facing two female prosecutors, and three male judges with serious expressions on top, sitting in the middle was the presiding judge, with a square face and big eyes, It's like the King Kong in the temple.

There were quite a few people sitting in the auditorium below, except Mr. Tong, Fang Yi didn't know the rest of them, and they were probably creditors.Hu Weijun's daughter-in-law, Li Feng, did not come to listen, probably because she was afraid of being pursued by creditors.

……

(End of this chapter)