Lawyer

Chapter 378 This is Infighting!
Yun Qi and his family were naturally dissatisfied with losing his wife and losing his army, so he came up with the idea of ​​appealing, Yun Qi thought very simple, he would admit to the misappropriation of public funds, return the embezzled funds, fine and confiscate dividends, he has nothing to say, But the court of first instance sentenced him to three years in prison, which he felt was too heavy.

"I understand now that the people in our village committee are a bunch of white-eyed wolves. How kind I was to them back then, these guys didn't want to repay me, but they actually thought about killing me all day long and replacing them.

And that unscrupulous accountant, he is from my family, if I hadn't promoted him, let him study finance on the job, and get an accounting certificate, he would be a stinky driver at best.

okay!Taking advantage of the opportunity of the general election, they actually stabbed me in the back and sent me in.It's all fucking bad. "Yun Qi cursed angrily.

At this moment, a young policeman came over, Yun Qi hurriedly nodded and bowed: "I know, you must keep your voice down. Don't worry!"

The little policeman left after warning him a few words.

"Who is the secretary in the village now?" Fang Yi asked.

"Who else could it be, my family, that stinky and shameless accountant!" Yun Qi exclaimed angrily.Now he can only squat here and sulk, there is nothing else he can do.

Fang Yi finally understood, this is internal strife!
"Lawyer Fang, do you think my case can be commuted in the second trial?" Yun Qi asked.

"It's hard to say. I'm going to the Intermediate People's Court to review the files in the afternoon. I can only make a judgment after reading the files. In addition, it depends on whether the procuratorate will file a protest. If the procuratorate protests, it will be even more difficult to say the outcome of your case." Fang Yi said.

"Well, I met the lawyer before. He is a lawyer from our local county. He said that my case has little hope of reducing my sentence in the second trial... Then I will trouble you!" Yun Qi looked at Fang Yi and hesitated.

After Fang Yi left the detention center, he felt that it was right to come here by car this time. If he came by train, it would be more laborious, not to mention inconvenient, and it would take longer.

At noon, Yun Zhenxing invited Fang Yi to dinner and learned about his son Yun Qi's situation inside.Fang Yi didn't dare to drink at noon because he had to go to the Intermediate Court to mark the papers in the afternoon.After eating, they rested for a while. Yun Zhenxing drove the car to lead the way, Fang Yi drove the car behind, and went straight to the middle courtyard.

After going to the Intermediate Court to review papers in the afternoon, Yun Zhenxing wanted Fang Yi to stay overnight and have a banquet with him in the evening, but Fang Yi saw that it was too early, so he declined Yun Zhenxing and drove back that day.

Fang Yi didn't go to the law firm for the next two days, and stayed at home to analyze the case based on the case files and what he learned from the interview.I read the case file over and over again, my hair was messed up like a chicken coop, the ashtray on the table in the room was full of cigarette butts, and the whole room smelled of smoke.

Fang Yi found that the facts Yun Qi said were completely consistent with the evidence provided by the procuratorate and the charges against him, but finally his hard work paid off, and Fang Yi sorted out the controversial points of the case.

There is no problem with the facts of the case, but the problem lies in the court of first instance and the procuratorate's understanding of the "larger amount" in the "larger amount will not be returned" stipulated in the relevant laws and regulations of the crime of embezzlement of funds.

Article 2015 of the "Criminal Law" (270 Amendment) stipulates that the crime of misappropriating funds stipulates that employees of companies, enterprises or other units, taking advantage of their positions, misappropriate funds from their units for personal use or lend to others, and the amount is relatively large, exceeding Those who fail to repay within three months, or those who have not exceeded three months but have relatively large amounts, conduct profit-making activities, or engage in illegal activities shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Those who do not return the money shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

The crime of misappropriating funds stipulated in the above-mentioned law is divided into two sentences. The first sentence is fixed-term imprisonment of less than three years or criminal detention; the second sentence is fixed-term imprisonment of not less than three years but not more than ten years.

Generally speaking, according to the requirement of the uniformity of terminology in criminal law, the same term in the same law should be given the same interpretation.

In this way, the court of first instance determined that in the second sentence, the "larger amount" in the "larger amount will not be refunded" as a condition for upgrading the statutory sentence should be consistent with the "larger amount" in the first sentence .

Fang Yi presumed that the court of first instance held this point of view, and determined that the "larger amount" in the two sentences of the crime of misappropriation of funds should be the same.

According to the provisions of Article 11 and No. 10 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery, the "larger amount" is more than [-] yuan.

The amount of funds misappropriated by Yun Qi was 15 yuan, which had not been returned until the incident. Therefore, the court of first instance applied the sentence in the second sentence, and finally sentenced Yun Qi to three years in prison.

This is good news and bad news.

The good news is that after unremitting efforts, Fang Yi finally found the key point of the case. If he breaks through this key point, Yun Qi's case will be commuted and the sentence will most likely be shortened.

The bad news is that in legal practice, the courts in the same region, especially the basic courts and the corresponding intermediate courts, generally have the same or similar attitudes towards the same legal issue.

The sentencing attitude of the court of first instance is likely to represent the attitude of the local court.If this is the case, basically there is no hope of changing the sentence in the second instance of this case.

Fang Yi's brows slowly frowned, suddenly there was a burning pain in the index and middle fingers of his right hand, he hurriedly shook his hand, and the Hongmei cigarette that had burned to the end was thrown to the ground.

Fang Yi got up, stomped out the cigarette butt with his toe, sighed, he could only gamble.Of course, it depends on whether the parties are willing or not.

In Fang Yi’s view, the provisions of Article 2015 of the Criminal Law (270 Edition) belong to the problem of imprecise language expression in the process of formulating the criminal law (such an important law should not be), and all laws are made by people. However, due to the limitations of the language ability of the makers (presumably taught by foreign language teachers), there will inevitably be some major or minor language expression problems, but these problems have brought many difficulties to judicial practice. The Supreme Court and the Supreme People’s Procuratorate It can only be patched one patch after another.

(The "Criminal Law" (amended in 2020) revised the sentence for the crime of misappropriation of funds to read: employees of companies, enterprises, or other units, taking advantage of their positions, misappropriate funds from their units for personal use or lend them to others, and the amount is relatively large Those who fail to repay after three months, or those who have not exceeded three months, but the amount is relatively large, engage in profit-making activities, or engage in illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; not less than three years but not more than seven years of fixed-term imprisonment; if the amount involved is particularly huge, not less than seven years of fixed-term imprisonment.

After this amendment, the problem of inconsistency in the understanding of the courts in various places regarding the "large amount" in this case has been effectively avoided, which is conducive to the unification of the judgment caliber.
(End of this chapter)