Lawyer

Chapter 249 Play? !
Li Mingbo really can't see it. Although he commits crimes, although his professional ability is limited, and although he is young, he has a bottom line. He is not deceiving customers like Director Sun and Zhao Zhongcheng. Just after Liu Qiaoling went out and walked away, he chased after Liu Qiaoling with an excuse. Go out, tell her that Fang Yi has transferred to Jinshi Law Firm, and let her go to Jinshi Law Firm to find Fang Yi.

In this way, Liu Qiaoling found Fang Yi's information and the team's contact information on the website of Jinshi Law Firm, and made an appointment for consultation.

Because she had seen Fang Yi's photo on the law firm's website before, when Fang Yi walked into the meeting room, Liu Qiaoling recognized him at a glance.

After listening to Liu Qiaoling's words, Xie Youhe couldn't help but glance at Fang Yi next to him. He didn't expect this guy to be so well-known, and his fans are so sticky!

"Lawyer Fang, Lawyer Xie, the bank collects debts all day long. I just want to take my car back to pay off the debt. I really don't think so much. My case..." Liu Qiaoling frowned, both worried and regretful.

Xie Youhe looked at Fang Yi, his meaning was obvious: he came after you, so I left it to you.

"Ms. Liu, don't worry. I personally think that although the vehicle involved in the case can be the object of theft, it doesn't mean that the perpetrator, that is, your actions must constitute the crime of theft." Fang Yi thought for a while.

"Oh? You mean..."

Hearing Fang Yi's words, Liu Qiaoling's eyes full of worry and helplessness immediately brightened.It was as if a drowning person suddenly caught a piece of wood floating on the water, and suddenly had hope of life.

"Let me ask, what is the state of the impounded car?" Fang Yi asked.

"The police said that this car is the legal property of my family, and it was returned to me a few days ago, following the formal procedures." Liu Qiaoling said.

"Well, Ms. Liu, I don't think it constitutes the crime of theft that you took illegal means to get back your vehicle that was seized by the public security organs. The main reason is that your subjective purpose is not for illegal possession."

After finishing speaking, Fang Yi saw that Liu Qiaoling was about to speak, and continued, "Don't worry. I'll explain it to you and you'll understand.

First of all, after the public security organ seized the vehicle involved in the case according to law, the bank urged you to repay the loan, and it is true that the bank is planning to sue you.

So your direct purpose of driving away the vehicle involved in the case is to repay the debt with property and return the bank loan, not to illegally occupy the vehicle, right? "

"Yes, I drove the car out to repay the bank loan. That's what I said when the police and the people from the procuratorate asked me. People from the bank can testify." Liu Qiaoling said excitedly.

"Drink your saliva, don't worry. Listen to me.

Secondly, the time from the incident to your arrest was very short, you did not claim compensation from the public security organ, and the procuratorate probably did not have other evidence to prove that you had the purpose of illegal possession. Of course, this can only be determined after reviewing the file.

Moreover, the vehicle involved in the case has been taken back by you in accordance with the law, proving that the vehicle is indeed the legal property of your family.Therefore, your behavior, I don't think it constitutes the crime of theft. "Fang Yi said.

Liu Qiaoling nodded, feeling much more at ease.

"Lawyer Fang, I have seen your cases, and many of them are innocent defenses. According to your statement, I do not constitute the crime of theft. If I entrust you to handle this case, what are the chances of winning?" Liu Qiaoling pondered for a while.

"You have little chance of winning this case!" Fang Yi shook his head and said.

After listening to Fang Yi's words, Liu Qiaoling was stunned, as if a basin of cold water had been poured on her for three or nine days, her heart felt cold, and the fire of hope in her heart was extinguished at once.

"Why...why? Didn't you just say that I do not constitute the crime of theft? Why is the chance of winning unlikely?"

She blinked her eyes twice, and thought to herself: I was full of hope before, but now I have destroyed my hope with my own hands, what are you going to do? !
Xie Youhe on the side didn't speak, and habitually picked up the disposable paper cup on the table and drank water.Although he has a judgment in his heart, he can't say it. Fang Yi has to say it, and he can't steal it.

"According to what you said just now, although your behavior does not constitute the crime of theft, it may constitute the crime of illegal disposal of seized property." Fang Yidao.

"The crime of illegally disposing of seized property? What do you mean? The police have already returned the car to me!" Liu Qiaoling said in a daze.

"After listening to my explanation, you will understand.

First, objectively, you drove away the vehicle seized by the public security organ according to the law and was later seized by the public security organ. Your behavior has objectively affected the normal litigation activities of the judicial organ.

Second, subjectively, after the public security organ seized the vehicle involved in the case according to law, you went to the parking place where the vehicle involved in the case was parked and saw your own car, which shows that you already know that the vehicle has been impounded according to law.

Third, the vehicle you transferred is the property seized by the public security organ according to the law, which is special and conforms to the characteristics of the criminal object of the crime of illegally disposing of seized property.

To sum up, although your actions did not directly infringe the ownership relationship of public and private property, they violated the normal management order of the judiciary and constituted the crime of illegally disposing of seized property.

Do you understand? After finishing speaking, Fang Yi looked at Liu Qiaoling.

"Then...then how many years will be sentenced for this crime?" Liu Qiaoling asked hesitantly.

"The crime of illegally disposing of seized property has a lighter punishment than the crime of theft, and is generally sentenced to a fixed-term imprisonment of less than three years, short-term detention or a fine.

If it is the crime of theft, according to the provisions of Article 3 of the Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft", the theft of public and private property worth 10 yuan to more than 260 yuan should be determined as The "huge amount" stipulated in Article [-] of the Criminal Law.

According to Article 260 of the "Criminal Law", if the amount is huge or there are other serious circumstances, the sentence is to be not less than three years and not more than ten years of fixed-term imprisonment and a fine.

One is less than three years and may be sentenced to probation, and the other is three to ten years in prison. This is the most substantial difference. "Fang Yi said.

"Is it possible that the court does not recognize the crime of theft and acquits me?" Liu Qiaoling felt lucky.

"The possibility of this is very small. Even if the court does not recognize the charge charged by the procuratorate, it will pronounce the sentence according to the charge they have identified, so the chance of innocence is not high. Of course, after the verdict, it does not rule out that the procuratorate refuses to accept the verdict and lodges a protest with the court. .” Fang Yi said.

Liu Qiaoling didn't speak anymore. She was weighing the pros and cons. A lawyer had brought her the crime of illegally disposing of seized property before, but that lawyer thought her behavior was a combination of the crime of theft and illegally disposing of seized property, that is, It is said that the same criminal act has committed two crimes, and the alternative felony should be handled as the crime of theft.After listening to Fang Yi's explanation today, she felt that she should try it.

(End of this chapter)