Lawyer

Chapter 366 The situation is not optimistic
After finishing speaking, Prosecutor Gao turned around and walked into the gate of the procuratorate with the lawyer's opinion submitted by Fang Yi.The other party's meaning is very clear, your lawyer is not professional enough, you should go back to the furnace and practice again, I have no time to talk to you.Fang Yi stood where he was, although he was angry, but he had no choice but to shake his head helplessly.

There is no way, he is a person in the system, and he is just a lawyer who litigates for others, so his status is not equal.I can only give myself a peace of mind, just wait, I will let you know what a lawyer is in court.

In the morning of the next day, when the scorching sun shone through the wide and bright glass into the meeting room of Wanhua United Law Firm, the cold air in the meeting room swooped in and stuck with it.

In the conference room, Fang Yi told Peng Huayan who was opposite him about his trip to Lu Province.

"Lawyer Fang, what do you think of my brother's case?" Peng Huayan's eyes flashed with concern.

"Judging from the existing case files and interviews, I think your brother Peng Huanan has committed a crime, but it does not constitute the crime of theft charged by the procuratorate, but may constitute the crime of embezzlement." Fang Yidao.

"Is there any difference between these two charges? I mean, of these two charges, which one will be given a heavier sentence, and which one will be given a lighter sentence?
Lawyer Fang, if my brother did commit a crime, I am more concerned about how many years my brother will be sentenced than the charges. "Peng Huayan told Fang Yi her true thoughts.

"According to the provisions of Article 260 of the Criminal Law, whoever steals public or private property in a relatively large amount, or commits repeated thefts, burglary, theft with a murder weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also be sentenced to If the amount is huge or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine; if the amount is particularly huge or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment gold or confiscation of property.

According to the provisions of Article 270 on the crime of occupational embezzlement, personnel of companies, enterprises or other units, taking advantage of their positions, illegally occupy the property of the unit as their own, and if the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, they shall be sentenced to fixed-term imprisonment of not less than five years, and property may be confiscated..." Fang Yi said.

(Article 270 mentioned above is the "Criminal Law" that came into effect on November 2015, 11. The current effective "Criminal Law" has amended Article 1 to read: employees of companies, enterprises or other units, taking advantage of their positions, If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and a fine.)
"Lawyer Fang, what you just said confuses me. The crime of job embezzlement is divided into five years and less than five years, and the crime of theft is divided into three levels of punishment. How should it be applied?" Before Fang Yi finished speaking, Peng Huayan looked puzzled. Xiang Fang Yi said.

"You will understand after I explain it to you.

根据《最高人民法院最高人民检察院关于办理盗窃刑事案件适用法律若干问题的解释》（2013年4月4日起施行），第一条盗窃公私财物价值1000元至3000元以上、3万元至10万元以上、30万元至50万元以上的，应当分别认定为刑法第260四条规定的‘数额较大’、‘数额巨大’、‘数额特别巨大’。

However, according to Article 1995 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases Violating the Company Law of Bribery, Embezzlement, and Misappropriation (Fa Fa [23] No. Enterprise assets ranging from 5000 yuan to more than 10 yuan belong to a "large amount"; those who embezzle company or enterprise assets of more than [-] yuan belong to a "huge amount".

Although the Interpretation No. 23 was abolished in January [-], before the new judicial interpretation is issued, the judicial interpretation still has reference value in judicial practice.

Your brother stole company property worth more than [-] yuan. If the punishment is based on the crime of theft, according to the local economic situation, the amount of property stolen by your brother will most likely be identified as a 'huge amount' and will be prosecuted. The court sentenced him to fixed-term imprisonment of not less than three years but not more than ten years and a fine.The judge has the discretion to decide how many years to sentence, and the situation is not optimistic.

If the punishment is based on the crime of occupational embezzlement, according to the value of the company's property stolen by your brother, it is a "large amount", and you should be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

In comparison, for the same amount of crime, the crime of embezzlement will be given a much lighter sentence than the crime of theft, and the sentence will be much shorter. "Fang Yi explained.

(In March [-], the Supreme People's Court and the Supreme People's Procuratorate passed the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery, which came into effect on April [-], [-].

According to Article 3 of the Interpretation, if the amount of corruption or bribery is more than 20 yuan but less than 380 yuan, it shall be determined as "a relatively large amount" as stipulated in the first paragraph of Article [-] of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law. , and fined.

According to the provisions of Article 11 of the Interpretation, the starting point for the "large amount" and "huge amount" in the crime of accepting bribes by non-state functionaries stipulated in Article 160 of the Criminal Law and the crime of embezzlement of duties stipulated in Article 270, according to the provisions of this Interpretation on accepting bribes Two times and five times the amount stipulated for crimes of corruption and embezzlement.

This judicial interpretation has reconfirmed the sentencing amount for the crime of embezzlement)
Peng Huayan is not only good-looking, but also very smart. On the one hand, if the amount is huge, he will be sentenced to three to ten years in prison.She already understood what Fang Yi meant.

"Lawyer Fang, how sure are you of my brother's case?" Peng Huayan asked.

"Fifty percent!" Fang Yi said.He didn't dare to talk too much, anything could happen during the trial.

"Well, I leave my brother's case to you." Peng Huayan said.

After seeing off Peng Huayan, Fang Yi went downstairs and returned to his work station.At this moment, Qian Wen ran over.

"Lawyer Fang, I have contacted Xiao Wang's daughter, but the other party is unwilling to see Xiao Wang. He said that he will never forgive him for the rest of his life." Qian Wen frowned.

"Hey! Even if she wants to see it now, she can't see it. The case has not been judged yet, so only the lawyer can see it, and the family members can't see anyone. In this way, you told his daughter that Xiao Wang is very likely to be sentenced to death. Do you want to see her father? Let her decide on the last side. Ask her for an address, and after the verdict comes out, you will mail it to her." Fang Yi said.

(End of this chapter)