Lawyer

Chapter 327 Young people have strong hormones

Chapter 327 Young people have strong hormones
"If! I mean if, Mr. Yun, you must recommend me in the divorce lawsuit. I'll give you a commission, and we'll get [-]% of it! [-]% can also be discussed." Lawyer Ma said seriously.

Fang Yi looked at him and smiled: "I guess you have no chance!" After speaking, he walked upstairs.

"No chance? Is it because I don't have a chance, or...a lawyer has already taken the lead?" Lawyer Ma stood still and wondered.

In the conference room, facing Fang Yi sat Mr. Yun and a man in his 50s.The man was very imposing, with a big square face, a broad forehead, a pair of big piercing eyes, and the clothes on his body were not cheap at first glance.

"Lawyer Fang, this is Mr. Yang. Mr. Yang is the vice president of our tea association and is very famous in the industry." Yunmei introduced.

"Hello, Mr. Yang. I'm Fang Yi." Fang Yi stood up and shook hands with Mr. Yang before returning to his seat.

"I brought Mr. Yang here this time. It's mainly Mr. Yang's son. Something happened recently. Let Mr. Yang tell you." Yunmei said.

"Hey! In fact, Mr. Yun also knows about this. Many friends in the industry know about it. I don't need to hide it. My son Yang Xu was arrested by the police for rape.

Mr. Yun told me that you are very professional. You handled many things in her company before, so I want to hear your professional opinions when I come here today. "Mr. Yang said.

"Can you tell me the specific situation?" Fang Yi said.

"It's like this, my son likes to go to bars, some time ago in a bar in the city, my son met a girl, and the two chatted very well.

Later, both of them drank a little too much. The girl accepted my son's invitation and went to a hotel not far away. The young man has strong hormones and is easily impulsive... It is also understandable. After entering the room, my son wanted to make out with each other, but the other party did not Agreed, my son didn't push her any further.

But who knows, after the girl left, she called the police and told the police that my son was going to rape her.As a result, my son was taken away by the police that night.That's all I know. "Mr. Yang said.

"How do you know these things?" Fang Yi looked at Mr. Yang suspiciously.

"I asked a lawyer to meet with me before, and the lawyer told me." Mr. Yang said.

"Did the lawyer apply for bail for your son?" Fang Yi asked.

"I applied, but the public security department didn't approve it. Later, I applied to the procuratorate for bail, but it was not approved. Now the case has reached the court, and I heard that it has just been transferred." Mr. Yang said.

"Well, because the information you can provide is limited, there may be a problem of information asymmetry. So I can only make predictions based on the information you provide, which may not be accurate." Fang Yi said.

"Well, I understand. This is my problem." Mr. Yang said.

"According to what you just said, the girl should have voluntarily gone with your son in the bar before. The problem is that after entering the hotel room, there may be two situations.

In the first case, your son wants to make out with the girl, but the other party refuses, and your son terminates immediately without any further behavior. Generally speaking, this situation is not enough to be a crime.

In the second case, the girl refuses to be intimate, your son forces the girl, and the girl is bullied, but later your son terminates the behavior. In this case, your son constitutes rape, but it is an attempted or suspended rape. "Fang Yi thought for a while.

"Is there any difference between attempted rape and suspended rape?" Mr. Yang asked.

"An attempted crime refers to a crime that has already been committed but fails due to reasons other than the criminal's will. For an attempted crime, the punishment may be lighter or mitigated compared with that of an accomplished crime.

Suspension of crime means that in the process of committing a crime, the criminal voluntarily abandons the crime or automatically and effectively prevents the result of the crime from happening.

To put it simply, it is to look at the reasons why criminals failed to succeed. If it is caused by external reasons, it is an attempt. To put it bluntly, criminals want to do it, but they cannot do it due to objective reasons.For example, someone suddenly came and scared the criminals away.

If the criminal does not want to, that is, he can do it without doing it. For example, if the criminal voluntarily abandons the crime, the crime is stopped. "Fang Yi explained.

Mr. Yang nodded: "Oh! I understand the general meaning. Is there any difference in sentencing between the two?"

He still knows what kind of virtue his son is. He has already entered the room, so why can't he do nothing?is it possible?
"There must be a difference. According to the provisions of No. 20 and No. 20 of the "Criminal Law", for attempted crimes, the punishment may be lighter or mitigated compared with the accomplished crimes. For suspended crimes, if no damage is caused, punishment should be exempted; damage caused If so, the punishment should be mitigated," Fang Yi said.

"That is to say, if my son did not cause any harm to the girl, he would be exempted from punishment and not be sentenced, right?" Mr. Yang wondered if he should talk to the victim about it.

"In principle, this is the case, but it depends on the specific situation. You can't copy the law." Fang Yi said.

Mr. Yang was overwhelmed. Originally, he was planning to hire the previous lawyer. This time he came here just to consult. But after Fang Yi finished speaking, his thoughts changed.The lawyer judged that Mr. Yang's son constituted an attempted rape before, but now according to Fang Yi's statement, his son may constitute a crime of rape and suspend it. Obviously, the punishment of suspending a crime is lighter than that of an attempted crime.

"Lawyer Fang, I would like to entrust you to meet with my son, then read the case files, and finally judge whether my son will constitute a crime and suspend." Mr. Yang thought for a while.

"Yes. But if it's just a meeting, and you were introduced by Mr. Yun, the lawyer's fee is 3000 yuan, but if I still need to review the papers, the fee will be higher, [-] yuan.

Of course, if you end up entrusting me to defend your son, this fee will be included in the attorney's fee. "Fang Yi said.

If it's just a meeting, Fang Yi's workload is much less, and the fee is naturally cheaper.However, if it is necessary to review the papers and then issue an analysis report, the workload will be doubled. Of course, the accuracy of the lawyer's analysis of the case will be much higher.Even the parties can directly find a small lawyer from the side of the road, and present the defense in court with the analysis report.As a result, attorney fees will naturally be much higher.

"Well, money is not a problem. Can we sign an agreement today? Both interviews and examination papers are required." Mr. Yang said.

"Okay, I'll ask my assistant to prepare the documents right away. You two wait a moment." Fang Yi said.

"I want to ask again, if you are entrusted with this case, how much is the lawyer's fee?" Mr. Yang asked.

"You are a friend of Mr. Yun. I will give you a discount. If you entrust me to defend, the total fee will be [-] yuan. If there is a second trial, add [-] yuan." Fang Yi said.

Originally, he wanted [-], but since Mr. Yun was present, he didn't know what relationship Mr. Yun had with the other party. If it was too much, Mr. Yun would feel uncomfortable, and maybe Mr. Yun's line would be broken in the future.Fortunately, Mr. Yang's son's case is not complicated, and the lawyer's fee of [-] yuan can be settled.

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(End of this chapter)

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