Lawyer

Chapter 379 Take a Gamble!
The next day, Yun Zhenxing came to Wanhua United Law Firm. He also hesitated after listening to Fang Yi's analysis.

"Lawyer Fang, according to your opinion, is there little hope for the second trial of my son's case?" Yun Zhenxing asked, his eyes full of anxiety.

"It cannot be said that there is no hope at all. For some controversial laws, the courts in various places have different understandings, and the results of the judgments are not the same. What I just said is just speculation, which is the worst result." Fang Yi said.

"Then how sure are you?" Yun Zhenxing asked after a moment of silence.

"Fifty to five points, this kind of thing can only be a gamble. If the second-instance court's understanding of the crime of embezzlement of funds is the same as mine, or if I convince the collegial panel judges of the second-instance court, the second-instance trial will definitely change the sentence, and Yun Qi's sentence will definitely be changed." under three years.

Now that he has been detained for more than four months, plus the trial and sentencing time, I am going to recommend that the court sentence him to six months in prison.If successful, it won't take long for Yun Qi to come out. "Fang Yi said.

"Well, if this case is entrusted to you, the lawyer's fee..." Yun Zhenxing is not an indecisive person, and after a moment of contemplation, he made a decision. It's a gamble!
"The lawyer's fee is 5 yuan. You have already paid [-] yuan before, and you can pay another [-] yuan. In addition, the travel expenses need to be calculated separately, which can be lump sum or reimbursement." Fang Yi said.

"Okay, I agree. Let's cover the travel expenses. It's hard for you to run around. I will give you 3000 yuan for travel expenses. If my son's sentence can be reduced, I will give you another big red envelope. I will never let you It's a loss." Yun Zhenxing said firmly.

Zhou Ying's efficiency was still very high. Half an hour later, after signing the entrustment formalities and paying the lawyer's fees, Yun Zhenxing left the law firm.

The trial of Yun Qi's case will start soon. Before the trial, Fang Yi went to the detention center to meet with Yun Qi and told him his defense plan. Now that he has filed an appeal and paid the lawyer's fee, he can only Follow Fang Yi's rhythm and take a gamble!

On the day of the trial, Fang Yi took advantage of the time when the presiding judge was going through the procedure, and moved his eyes to scan the auditorium, and saw Yun Zhenxing. There were a dozen people sitting beside him, all stretching their necks and listening with their ears open. They looked like relatives and friends of the Yun family.

When the judge of the collegial panel finished reading the judgment of the first instance and the appellant Yun Qi finished reading the appeal statement, the presiding judge said: "The defense lawyer of the appellant is asked to state the reasons for the appeal."

"Presiding judge, judge: The defender believes that in this case, for the appellant Yun Qi's misappropriation of 15 yuan of funds and not returning it, the court of first instance believed that "not refunding a large amount" is an aggravated punishment, and the second sentence of the crime of embezzlement of funds should be used. The penalty file, that is, the choice of sentencing between three and ten years, is a misinterpretation of the amount standard for the crime of embezzlement of funds.

The defender believes that the amount of funds embezzled by the appellant Yun Qi is too small to meet the conditions for applying the second penalty bracket, and the first penalty bracket should be applied, that is, fixed-term imprisonment of less than three years or criminal detention.Ask the court to change the sentence according to law.complete! "Fang Yi said.

"Appellant Yun Qi, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.

"I have no objection to the facts and charges found in the first instance, but I have objections to the sentencing. I think the sentence of the first instance court is too heavy." Yun Qi said.

"Next, the prosecutor will question the appellant about the facts found in the first-instance verdict," said the presiding judge.

Yun Qi did not have any objection to the facts found in the first instance. The reason why the presiding judge asked the prosecutors to ask questions was to follow the procedure. Procedural justice is the justice of the litigation process, and substantive justice is the justice of the outcome of the litigation. Both are indispensable.

The leading male prosecutor held in his hand the evidentiary materials submitted by the county prosecutor during the first trial, and asked questions around the facts of the case. In fact, everyone knew that the prosecutor was just reconfirming the facts of the case and going through a procedure. Cooperate.

When it was Fang Yi's turn to ask questions, it was simpler, he picked up questions that were beneficial to the appellant Yun Qi, asked two, and then ended the questioning.The focus of the dispute in the case is no longer the facts, but the application of the law, so Fang Yi does not want to waste time on the facts.

"The next step is to present and cross-examine evidence. Do the prosecution and the defense and the appellant have any new evidence to submit?" asked the presiding judge.

"No new evidence!" Sanfang said.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

First, the appellant Yun Qi will defend himself. " said the presiding judge.

"I agree with the facts and charges determined by the court of first instance, but I think the court of first instance sentenced me to three years in prison is too heavy... Finally, I implore the court to change the judgment of the court of first instance." Yun Qi said long-windedly.

"The defender of the appellant Yun Qi made a speech." The presiding judge said with a sullen face.

"Okay, presiding judge."

After finishing speaking, Fang Yi pondered for a while, and then said: "The defender believes that according to the provisions of Article 11 and No. For the crime of funds, the standard for the amount of "profit-making activities with a relatively large amount" is more than 10 yuan and less than 200 million yuan.

According to the provisions of Article 100 of the above interpretation, the misappropriation of public funds is non-refundable, and the amount is more than 200 million yuan but less than 100 million yuan. fixed-term imprisonment) the standard amount is [-] million yuan.

Compared with the crime of misappropriating funds, the crime of misappropriation of public funds is a felony. According to the above-mentioned interpretation, the standard for upgrading the statutory penalty for felonies is 100 million yuan, but the standard for upgrading the statutory penalty for misdemeanor misappropriation of funds is only 10 yuan. Obviously, it does not conform to the principle of adapting the punishment to the crime, and it is impossible to make the punishment worthy of the crime.

According to the legislative intent of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery", and referring to the amount standard for the crime of embezzlement of public funds, the amount standard for "non-refundable for large amounts" in the crime of embezzlement of funds, It should be more than 200 million yuan.

In this case, the appellant Yun Qi misappropriated a total of 15 yuan of funds from the village committee, which did not meet the standard of "not refunding a large amount" in the crime of misappropriating funds, but only met the standard of "conducting profit-making activities with a relatively large amount", so Appellant Yun Qi's misappropriation of funds should be punished with a fixed-term imprisonment of not more than three years or criminal detention.

The court of first instance sentenced the appellant Yun Qi to three years' imprisonment for the misappropriation of funds, which was an error in the application of law and improper sentencing. The court is requested to change the sentence according to law.The defender recommended that the appellant be sentenced to six months' imprisonment.complete. "Fang Yi said.

(End of this chapter)