Lawyer

Chapter 348 Illegal Detention VS Picking Quarrels and Provoking Troubles
After a pause, Cheng Wu said: "Hua Cheng and I, the debtor, have known each other for a long time.

Four years ago, Huacheng approached me and wanted to borrow 500 million from our company. He told me that the factory had received two more large orders, and the funds could not be turned over for a while, and the loan could be repaid within a year at most.

Hua Cheng has always had a bad reputation in the circle, so I lent him the money later.He mortgaged the plant, land and equipment to our company.

Later, when the loan was about to expire, I called him, but he always hesitated, procrastinating from today to tomorrow, and from tomorrow to the day after tomorrow.Later, I learned from his friend that Huacheng borrowed money to start steel trading.

As a result, the steel trade collapsed in [-], many steel trade companies broke their capital chains, steel traders went bankrupt everywhere, and Huacheng lost all the funds invested in the steel trade.Why!It can only depend on his bad luck! "

"Then he hid?" Fang Yi asked.

"No, this kid is still pissy. In order not to let creditors disturb his family, he lives alone in the factory and sees everyone when he comes. Please give him a chance.

Later, many creditors went, and he was tired. Fortunately, a dead pig is not afraid of boiling water, and he likes to drip.I thought about going to court to sue if I can't pay.

The court notified him to go to court, but he didn't go. It took me more than half a year to get the verdict since the filing of the case.Later, our company applied to the court for enforcement.The execution judge scratched his head worriedly, and told me that many people have sued Huacheng, but there is really no property to enforce.

I asked the judge, doesn't he have a factory and land?The judge told me that the factory building and land had already been mortgaged to the bank by him and were waiting to be auctioned off. However, the land was an industrial land and the factory building was not big enough to fetch much money.The bank has the priority of payment. "

"When Hua Cheng borrowed money from your company, didn't he go through the land and house mortgage procedures?" Fang Yi asked.

"The loan of 500 million is not a decimal, how could it not be done, but we are paying the second payment, not the first payment, and the auction money must be paid back to the bank first, and then it is our turn.

Later, the property and land were auctioned off, and we received more than 20 yuan, which was not even enough for interest.There is really no way, since the Spring Festival, I have taken people with me in shifts to follow him, eat and live with him.

The land and real estate of the factory were auctioned off, and Huacheng moved to a branch factory in the outskirts of the county. The branch factory was built by him on leased land from the village many years ago. off-production.The equipment has already been dealt with.

I was responsible for lending funds to Huacheng. The company ordered me to collect the owed money as soon as possible.

Later, I transferred everyone back, and I followed Hua Cheng all by myself, urging him to raise money to pay off the debt every day. "Cheng Wu said.

"How did Hua Cheng react when you did this? He didn't call the police?" Fang Yi asked.

"How could it be possible not to call the police? The rabbit bites people when it's anxious. But the police came to see me and just followed him to collect debts. They probably saw too much, so they didn't do anything to me. They just warned me not to restrict Hua Cheng's personal freedom.

Later I continued to follow Hua Cheng, and during that time I was also very tormented, swearing at him all day long, at the end of March, I drank some wine during lunch, ran up to Hua Cheng and yelled at him, and then All the electric heaters, tea sets, tables, kettles, etc. in the office where he slept were smashed.Finally, the wire bed on which he slept was also thrown by the side of the road.

At that time, Hua Cheng was surprisingly quiet. He didn't speak or stop him. He just squatted in a corner by himself in a daze.In fact, thinking about it carefully, he might have had the idea of ​​suicide at that time, but I didn't notice his abnormality.

Early the next morning, I went to the office to find Hua Cheng, but as soon as I entered the door, I saw that he had hanged on the ceiling fan in the room, and I was stunned!Then called the police.Later, the police said that I was suspected of illegal detention, so they locked me in. "Cheng Wu said.

"Well, the night before the incident, did you beat Hua Cheng?" Fang Yi asked.

"No, absolutely not! He committed suicide because he couldn't bear the effects of bankruptcy. It has nothing to do with me.

Lawyer Fang, do you think I constituted a crime?Lawyer Gao who came to meet me earlier said that I did not constitute a crime. "Cheng Wu said.

"According to what you said just now, I personally think that you constituted a crime, but not a crime of illegal detention. It may constitute a crime of picking quarrels and provoking trouble." Fang Yi said.

"Ah! I am collecting debts legally, and there is a court judgment. How could it constitute the crime of picking quarrels and provoking trouble?" Cheng Wu asked hesitantly.

"You restricted Hua Cheng's freedom, not illegally depriving him of his personal freedom, so it does not constitute the crime of illegal detention. But the way you used to collect debts is a bit extreme. Hua Cheng's death has something to do with you, so it may constitute a crime of illegal detention. It is the crime of seeking a gap to stir up trouble." Fang Yi said.

At this time, Cheng Wu felt a little dissatisfied. Everyone in trouble would think in his own favor, and Cheng Wu was no exception. The lawyer said before that he was not a crime, but now Fang Yi told him that it might constitute the crime of picking quarrels and provoking trouble. Cheng Wu would naturally lean towards the lawyer in front.

Although Cheng Wu didn't say anything, Fang Yi had guessed his thoughts from the change in his eyes.

After the meeting, Fang Yi went to the county court to review the papers.

The next day, Bai Hai and Cheng Wu's daughter-in-law Li Hua came to meet Fang Yi.

"Lawyer Fang, the procuratorate charged Cheng Wu with the crime of illegal detention. You said he did not constitute the crime of illegal detention, but might constitute the crime of provoking quarrels. However, the previous lawyer Gao said that Cheng Wu did not constitute a crime. This..." Li Hua looked at Fang Yi, his eyes were full of doubts.

"Ms. Li, I based my analysis on what Cheng Wu said and the case files submitted by the public prosecution agency. Of course, this is just my personal opinion, but I think the risk is too great to plead not guilty." Fang Yidao.

"Lawyer Fang, is there any difference in the sentence for the crime of illegal detention and the crime of picking quarrels and provoking trouble?" Bai Hai, who had been silent all this time, asked suddenly.

"According to the provisions of Article 230 of the Criminal Law, whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; not more than [-] years of fixed-term imprisonment; if causing death, the sentence is not less than [-] years of fixed-term imprisonment.

Article 290 stipulates that anyone who has one of the following acts of picking quarrels and provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance: ([-]) Chasing, intercepting, insulting or intimidating others, and the circumstances are abominable.

Whoever gathers others to commit the acts of the preceding paragraph many times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined. "Fang Yi said.

"If it is illegal detention that causes death, the sentence is more than ten years in prison; if it is the crime of picking quarrels and provoking trouble, the maximum sentence is five to ten years in prison." Said, Bai Hai looked at Li Hua.

Li Hua's eyes wandered, obviously he was a little undecided.

(End of this chapter)