Lawyer
Chapter 334 Lawyer Fang, something went wrong with my dad's case!
Chapter 334 Lawyer Fang, something went wrong with my dad's case!
"The public prosecutor, please present the fourth piece of evidence," said the presiding judge.
"The fourth piece of evidence, the inspection report at the crime scene, proves that the defendant and the victim did not have sexual relations. The defendant's behavior constituted attempted rape," said the female prosecutor.
"Defendant Yang Xu, do you have any objections to the fourth piece of evidence?" the presiding judge asked, rolling his eyelids.
"No objection." Yang Xu said.
"Does the defendant's counsel have any opinion on the evidence?" asked the presiding judge.
"The defender recognized this evidence. The inspection report of the crime scene showed that there was no evidence of the defendant Yang Xu's penis and secretions at the crime scene that could prove that Yang Xu had taken off his pants, thus confirming that the indictment found that Yang Xu The fact that Xu took off his trousers and wanted to have sex with the victim by force is wrong, and the content of the victim’s statement is also unreliable, and the defendant Yang Xu did little harm to the victim’s sexual rights.” Fang Yi said.
"The public prosecutor, please continue to present evidence." The presiding judge was writing something quickly with the pen in his hand while listening.
……
"...the defendant Yang Xu who was prosecuted by the District People's Procuratorate for the crime of rape, this collegiate panel has opened a trial, conducted court investigations and court debates, heard the allegations of the public prosecutor, the opinions of the defendant, and the defense and statement of the defendant And the defender's defense opinion, the court hearing is over.
Now the court is adjourned for 10 minutes. After the collegial panel deliberates, the verdict will be pronounced.Take the accused out of court. "After the presiding judge finished speaking, the gavel fell, and the members of the collegiate panel left the courtroom.
After 10 minutes, the collegial panel judge walked into the court again.
"... This case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, the court's judgment is as follows: the defendant Yang Xu constituted a crime of rape. Since he voluntarily stopped the crime behavior, the defendant Yang Xu is sentenced to six months in prison." said the presiding judge.
After the verdict was pronounced, Fang Yi saw that Yang Xu's reaction was not that strong, and felt that he seemed to have accepted the verdict. For the six-month fixed-term imprisonment, Yang Xu had already been in the detention center for more than three months. He will be released from prison in just over two months.
After walking out of the court, Fang Yi sat in the car and took out his mobile phone to call Mr. Yang, and told him the verdict.
"Lawyer Fang, thank you so much. Six months! My son will come out in two more months. Thank you! Thank you very much!"
Although Mr. Yang loves his son very much, he is also a sensible person. His son constituted a crime of rape, and if he wants to come out without sitting in prison for a day, that is impossible. The court sentenced Yang Xu to six months of fixed-term imprisonment. So he has nothing to complain about.
"Okay, I'll call you when the court's criminal judgment comes out in a few days. But this is the first-instance judgment, and it depends on whether the procuratorate will protest. If there is no protest, the judgment will take effect after the appeal period. After more than two months Yang Xu will be able to come out." After explaining, Fang Yi heaved a sigh of relief, and the case was finally settled.
Just when Fang Yi was about to go back to the law firm and continue to grab cases in the business group, Zhou Junshan called him.
"Lawyer Fang, there is something wrong with my dad's case!" Zhou Junshan said in a hurry after the call was connected.
"Ah! What happened?" Fang Yi's heart skipped a beat.
"The judge said that my father's case was reported to the Provincial High Court, but he was not approved and was sent back." Zhou Junshan said anxiously.
"Oh? Don't worry, I'll call the judge and ask." Fang Yi said.
"Lawyer Fang, are you in the office tomorrow? Director Zhou and I will go to find you." Zhou Junshan asked.
"I'm here, there is no arrangement for tomorrow, you guys come over here." Fang Yi said.
At 10:30 the next morning, Zhou Junshan and Director Zhou walked into the conference room of Wanhua United Law Firm again.
"Lawyer Fang, my father's case has been sent back to the Intermediate Court for retrial by the Provincial High Court. Will it be detrimental to my father?" Zhou Junshan asked Fang Yi who was facing him.
To be honest, Fang Yi didn't expect that Zhou Guang's case would be remanded for retrial, so after he received Zhou Junshan's call, he immediately called the county court.When he was about to get off work in the evening, the phone was finally connected. The judge told Fang Yijing to retaliate step by step. The Provincial Higher People’s Court made a criminal ruling and appointed the Municipal Intermediate Court to retry the case according to the first-instance procedure. He was not too clear about the specific circumstances. , The case file has been transferred to the Municipal Intermediate People's Court.
"In your father's case, the procuratorate did not protest, and your father did not appeal. Generally speaking, the Provincial High Court will not send it back for retrial.
I speculate that the Provincial High Court may have thought about this case and feel that there are more positive aspects than negative aspects, which may be a good thing.Now that the Provincial High Court has designated the Intermediate Court to retry the case according to the first-instance procedure, I don’t think you need to worry. Wait for the Intermediate Court’s notice first, and then communicate with them to see what they say. " Fang Yi comforted.
"Lawyer Fang, I'm very confused and want to entrust you to defend my father again. You know the bottom line of this case, so I trust you even more." Zhou Junshan and Director Zhou made eye contact, and then said.
"No problem. I'll prepare the entrustment procedures right away." Fang Yi said.
"Lawyer Fang, the lawyer's fee..." Director Zhou said anxiously seeing that Zhou Junshan didn't mention the lawyer's fee.
"Well, the minimum fee for our team is 1 yuan. Mr. Zhou's family is in trouble. I'll talk to the director and see if I can get a discount. You two will wait a moment." Fang Yi finished speaking and left the conference room went downstairs.
"Jun Shan, why didn't you mention the lawyer's fee just now? If Lawyer Fang brings over the contract, will you sign it?" Director Zhou blamed with a depressed face.
Zhou Junshan smiled awkwardly: "I was talking about it just now, and I forgot about it."
Downstairs in Wankefa's office, Fang Yi described the situation of Zhou Junshan's family and asked, "Can we discount this case?"
If Zhou Guang's case is the source of Fang Yi's own case, he can make the decision and give him a discount.But this case is the source of the case in the firm, and Fang Yi can't make the decision, so whether or not to make a discount, and how much to discount, must seek the opinion of the boss.
Wan Kefa took a sip of tea and said, "What's your opinion?"
"I think the Zhou family is really in a difficult situation. This time, the trial is being retried according to the first-instance procedure. I understand the facts of the case, and the trial is held in the city. Why don't we charge 5000 yuan for the lawyer's fee?" Fang Yi asked tentatively.
"Well, yes, let's do it like this. You let Zhou Ying go through the program on the system, she knows how to do it. But in this way, your achievements can only be based on 5000 yuan!" Wan Kefa said.
If the team’s lawyer’s fee is less than 1 yuan when negotiating a case and signing the bill, the team will give the lawyer commission according to the standard of 1 yuan. Of course, this situation rarely happens. Most of the cases are to maintain old customers. The loss will be made up in other services provided by the old customers, and the overall calculation will not lose money.
(End of this chapter)
"The public prosecutor, please present the fourth piece of evidence," said the presiding judge.
"The fourth piece of evidence, the inspection report at the crime scene, proves that the defendant and the victim did not have sexual relations. The defendant's behavior constituted attempted rape," said the female prosecutor.
"Defendant Yang Xu, do you have any objections to the fourth piece of evidence?" the presiding judge asked, rolling his eyelids.
"No objection." Yang Xu said.
"Does the defendant's counsel have any opinion on the evidence?" asked the presiding judge.
"The defender recognized this evidence. The inspection report of the crime scene showed that there was no evidence of the defendant Yang Xu's penis and secretions at the crime scene that could prove that Yang Xu had taken off his pants, thus confirming that the indictment found that Yang Xu The fact that Xu took off his trousers and wanted to have sex with the victim by force is wrong, and the content of the victim’s statement is also unreliable, and the defendant Yang Xu did little harm to the victim’s sexual rights.” Fang Yi said.
"The public prosecutor, please continue to present evidence." The presiding judge was writing something quickly with the pen in his hand while listening.
……
"...the defendant Yang Xu who was prosecuted by the District People's Procuratorate for the crime of rape, this collegiate panel has opened a trial, conducted court investigations and court debates, heard the allegations of the public prosecutor, the opinions of the defendant, and the defense and statement of the defendant And the defender's defense opinion, the court hearing is over.
Now the court is adjourned for 10 minutes. After the collegial panel deliberates, the verdict will be pronounced.Take the accused out of court. "After the presiding judge finished speaking, the gavel fell, and the members of the collegiate panel left the courtroom.
After 10 minutes, the collegial panel judge walked into the court again.
"... This case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, the court's judgment is as follows: the defendant Yang Xu constituted a crime of rape. Since he voluntarily stopped the crime behavior, the defendant Yang Xu is sentenced to six months in prison." said the presiding judge.
After the verdict was pronounced, Fang Yi saw that Yang Xu's reaction was not that strong, and felt that he seemed to have accepted the verdict. For the six-month fixed-term imprisonment, Yang Xu had already been in the detention center for more than three months. He will be released from prison in just over two months.
After walking out of the court, Fang Yi sat in the car and took out his mobile phone to call Mr. Yang, and told him the verdict.
"Lawyer Fang, thank you so much. Six months! My son will come out in two more months. Thank you! Thank you very much!"
Although Mr. Yang loves his son very much, he is also a sensible person. His son constituted a crime of rape, and if he wants to come out without sitting in prison for a day, that is impossible. The court sentenced Yang Xu to six months of fixed-term imprisonment. So he has nothing to complain about.
"Okay, I'll call you when the court's criminal judgment comes out in a few days. But this is the first-instance judgment, and it depends on whether the procuratorate will protest. If there is no protest, the judgment will take effect after the appeal period. After more than two months Yang Xu will be able to come out." After explaining, Fang Yi heaved a sigh of relief, and the case was finally settled.
Just when Fang Yi was about to go back to the law firm and continue to grab cases in the business group, Zhou Junshan called him.
"Lawyer Fang, there is something wrong with my dad's case!" Zhou Junshan said in a hurry after the call was connected.
"Ah! What happened?" Fang Yi's heart skipped a beat.
"The judge said that my father's case was reported to the Provincial High Court, but he was not approved and was sent back." Zhou Junshan said anxiously.
"Oh? Don't worry, I'll call the judge and ask." Fang Yi said.
"Lawyer Fang, are you in the office tomorrow? Director Zhou and I will go to find you." Zhou Junshan asked.
"I'm here, there is no arrangement for tomorrow, you guys come over here." Fang Yi said.
At 10:30 the next morning, Zhou Junshan and Director Zhou walked into the conference room of Wanhua United Law Firm again.
"Lawyer Fang, my father's case has been sent back to the Intermediate Court for retrial by the Provincial High Court. Will it be detrimental to my father?" Zhou Junshan asked Fang Yi who was facing him.
To be honest, Fang Yi didn't expect that Zhou Guang's case would be remanded for retrial, so after he received Zhou Junshan's call, he immediately called the county court.When he was about to get off work in the evening, the phone was finally connected. The judge told Fang Yijing to retaliate step by step. The Provincial Higher People’s Court made a criminal ruling and appointed the Municipal Intermediate Court to retry the case according to the first-instance procedure. He was not too clear about the specific circumstances. , The case file has been transferred to the Municipal Intermediate People's Court.
"In your father's case, the procuratorate did not protest, and your father did not appeal. Generally speaking, the Provincial High Court will not send it back for retrial.
I speculate that the Provincial High Court may have thought about this case and feel that there are more positive aspects than negative aspects, which may be a good thing.Now that the Provincial High Court has designated the Intermediate Court to retry the case according to the first-instance procedure, I don’t think you need to worry. Wait for the Intermediate Court’s notice first, and then communicate with them to see what they say. " Fang Yi comforted.
"Lawyer Fang, I'm very confused and want to entrust you to defend my father again. You know the bottom line of this case, so I trust you even more." Zhou Junshan and Director Zhou made eye contact, and then said.
"No problem. I'll prepare the entrustment procedures right away." Fang Yi said.
"Lawyer Fang, the lawyer's fee..." Director Zhou said anxiously seeing that Zhou Junshan didn't mention the lawyer's fee.
"Well, the minimum fee for our team is 1 yuan. Mr. Zhou's family is in trouble. I'll talk to the director and see if I can get a discount. You two will wait a moment." Fang Yi finished speaking and left the conference room went downstairs.
"Jun Shan, why didn't you mention the lawyer's fee just now? If Lawyer Fang brings over the contract, will you sign it?" Director Zhou blamed with a depressed face.
Zhou Junshan smiled awkwardly: "I was talking about it just now, and I forgot about it."
Downstairs in Wankefa's office, Fang Yi described the situation of Zhou Junshan's family and asked, "Can we discount this case?"
If Zhou Guang's case is the source of Fang Yi's own case, he can make the decision and give him a discount.But this case is the source of the case in the firm, and Fang Yi can't make the decision, so whether or not to make a discount, and how much to discount, must seek the opinion of the boss.
Wan Kefa took a sip of tea and said, "What's your opinion?"
"I think the Zhou family is really in a difficult situation. This time, the trial is being retried according to the first-instance procedure. I understand the facts of the case, and the trial is held in the city. Why don't we charge 5000 yuan for the lawyer's fee?" Fang Yi asked tentatively.
"Well, yes, let's do it like this. You let Zhou Ying go through the program on the system, she knows how to do it. But in this way, your achievements can only be based on 5000 yuan!" Wan Kefa said.
If the team’s lawyer’s fee is less than 1 yuan when negotiating a case and signing the bill, the team will give the lawyer commission according to the standard of 1 yuan. Of course, this situation rarely happens. Most of the cases are to maintain old customers. The loss will be made up in other services provided by the old customers, and the overall calculation will not lose money.
(End of this chapter)
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