Lawyer

Chapter 411 Everything goes well, but please don't go against your conscience
"What are you looking at, hurry up and drive there." Wan Kefa pretended to give him a stern look.

"My car is not here." Fang Yi said with a bitter face.

"As for the car, don't you have a car from Plaster Banner?" Wan Kefa asked suspiciously.

"The parking fee here is too expensive. I parked the car in the brilliant underground parking lot. It's not far anyway, just a few steps away." Fang Yi laughed awkwardly.

When Wan Kefa heard this, he pursed his lips and shook his head. After thinking for a long time, he pointed to Fang Yi and said, "Lawyer Fang, you really know how to live. You can save the parking fee of [-] yuan a month. You are really cheap. "

"I can't help it. It's better to save money on a small business. Eight hundred yuan is enough for my lunch for a month. I can buy a few red plums for the rest. Besides, I don't always drive..." Fang Yi Hehe said with a smile.

"Stop talking nonsense, hurry up and take a taxi." Seeing Fang Yi, Wan Kefa snorted coldly.He didn't want to walk for more than 20 minutes to take a bath in Brilliant.

In the bathtub of the brilliant VIP bathroom, I don’t know what kind of Chinese medicine was put in it. It smells very comfortable. The mist on the surface of the pool water is slowly rising.

Fang Yi leaned against the wall of the pool, closed his eyes slightly, recalled the details of Zhao Yun's obstruction of testimony case, analyzed the facts of the case, and pondered how to formulate a defense plan if the Zhao family entrusted him to handle this case.

"Xiao Fang, what are you thinking about? It looks like an old monk in meditation." Wan Kefa glanced at Fang Yi, then sat up and washed his face with the pool water, seeing his eyes closed and frowning from time to time, asked.

"It's okay. I'm thinking about the criminal case I met this morning. There are many legal points. I think that if we analyze them separately, sometimes the effect may be better and more thorough." Fang Yi said.

"I've seen it. You can think of legal issues even after taking a bath. Why don't everyone say that you have a solid professional foundation. Relationships come from taking a bath, haha..." Wan Kefa joked.

Fang Yi smiled: "In recent years, I suddenly discovered that I have forgotten many things I learned in school, and I am more and more fond of studying jurisprudence. I want to trace everything back to the source. I feel that jurisprudence is the most practical subject. When I was in college, I thought the Fa principles were too boring, so I didn't study them seriously.

You have practiced for so many years, how do you evaluate the major of law? "

"I remember a famous person in the industry once said that the major of law needs to memorize the thickest books, take the most difficult exams, endure the lowest initial employment rate, and more importantly, it will make you reborn mentally.

Law is the work of adults, it will destroy your naive childhood, destroy your civilian mentality, let you face evil directly, and fully understand the meaning of justice.

And I hope that lawyers can leave some room for conscience in addition to money, status, beauties, luxury cars, and villas!Everything goes well, but please don't go against your conscience. "Wan Kefa thought for a while.

Fang Yi nodded after listening.

"Oh, it's almost time. I have to go back to the hospital. If I'm late, I'll be discovered." Wan Kefa glanced at the mobile phone on the side, hurried out of the bath to rinse, and then greeted Fang Yi , went to the locker room.

Li Shuming was no longer brilliant, drinking alone was boring, Fang Yi went back to his residence after soaking for a while.

At ten o'clock the next morning, Zhao Fengxiang came to the law firm.

"Lawyer Fang, according to your analysis just now, our Zhao Yun must have committed a crime, and it's just a matter of sentencing?" Zhao Fengxiang's eyes were full of worry.

"Yes, judging from the current case files and interviews, your son Zhao Yun has a high probability of committing the crime of obstructing testimony." Fang Yi nodded.

"Lawyer Fang, I have consulted several lawyers who are good at criminal cases these days. They said that there is a trend in judicial practice. If a criminal suspect carries out a false lawsuit in order to illegally occupy other people's property, he may It constitutes a crime of fraud. And it is said that this point of view is increasingly recognized by the theoretical and practical circles.

Do you think my son's case constitutes a crime of fraud? "Zhao Fengxiang's eyes became more and more worried, and his expression became tense.

Zhao Fengxiang’s concerns are justified. The crime of fraud is a felony. In terms of the amount involved (the part exceeding the actual loan amount: 9 yuan), if the crime of fraud is constituted, Zhao Yun will face a fixed-term imprisonment of not less than three years but not more than ten years; If the crime of obstructing testimony is constituted, Zhao Yun will be sentenced to fixed-term imprisonment of not more than three years or criminal detention; only if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Zhao Fengxiang certainly does not want his son to commit fraud!
"At present, the situation you mentioned does exist in judicial practice, and both theoretical and practical circles agree with this point of view.

In judicial practice, many courts have broken through the boundary of 'the victim must fall into a wrong understanding and voluntarily hand over', and believe that the act of illegally occupying other people's property and carrying out a false lawsuit constitutes the crime of obstructing testimony and the crime of fraud at the same time, and should follow the principle of felony To be punished is to be punished according to the crime of fraud.

If the perpetrator has a legitimate reason to participate in the lawsuit and just wants to take advantage of others in its legal subject matter, it will generally not be punished as a crime of fraud.

However, if the illegal possession of other people’s legal property accounts for an excessively high proportion of the entire litigation object, the nature will change. The court will most likely be convicted and punished according to the crime of fraud. Of course, courts across the country have different standards, and it is not easy to quantify this. specific ratio.

Let's look back at your son's case. Wei San'er originally owed Zhao Yun nearly 20 yuan, but only increased by 9 yuan through false lawsuits. In view of the fact that in civil lawsuits, losses are often exaggerated and litigation objects are increased, so , I think there is a high probability that your son Zhao Yun's case will not be dealt with as a crime of fraud.

Moreover, when I went to the procuratorate to review the files, the prosecutor in charge of the case did not express any intention in this regard. It is very likely that the prosecutor did not consider this aspect at all. "Fang Yi explained.

"Well, I feel much more at ease when you say that. You still explained in detail. Those lawyers just said that and couldn't explain it in such detail. You are still awesome!" Zhao Fengxiang capitalized the word "convinced".

"You are too much!" Fang Yi said modestly.

Fang Yi was thinking in his heart: Talk is what you say, laugh what you laugh, but the lawyer's fee will not be discounted just because you compliment me a few words.

"Lawyer Fang, I still have a question in my mind." Zhao Fengxiang said.

"What question? Tell me." Fang Yi said.

"Look, according to your statement, my son Zhao Yun may constitute the crime of obstructing testimony, and Wei San'er in the same case may constitute the crime of helping to forge evidence and credit card fraud.

I went back and looked at Article [-] of the "Criminal Law". The first paragraph of this article stipulates the crime of obstructing testimony, and the second paragraph stipulates the crime of helping to destroy and falsifying evidence. The two crimes have different crimes. , not to mention the crime of credit card fraud, which is not included in the same law as the previous two crimes. My son Zhao Yun and Wei San'er should not be part of a joint crime.

Doesn't joint crime require two people to constitute the same crime?If the two constitute different charges, can they establish a joint crime? "Zhao Fengxiang was puzzled.

(End of this chapter)