Lawyer
Chapter 625 The Gap Is Really Big
Chapter 625 The Gap Is Really Big
"Defenders can respond to the prosecutor's comments," said the presiding judge.
"In response to the Prosecutor's defense opinion and response, the defender issued the following defense opinion:
Although Article No. 90 of the "Criminal Law" stipulates that private property managed and used by state agencies in transportation is considered public property, the basic meaning of this provision is: when privately owned property is handed over to state agencies, state-owned companies, enterprises, collectives, etc. When enterprises and people's organizations manage, use or transport, they are treated as public property.However, this provision does not change the ownership of property administered by state agencies.
In other words, although private property is treated as public property when it is administered by state agencies, ownership remains with the original owner.
In this case, Mao Dewen still has ownership of the Mercedes-Benz seized by the public security organs.The act of confiscating a vehicle by the traffic management agency cannot change the ownership of the vehicle.
On the night of the incident, Mao Dewen sneaked into the courtyard of the traffic police team, subjectively wanting to get back the Mercedes-Benz seized by the public security organs. The Mercedes-Benz has been registered in the appellant's name and is his legal property. The appellant's behavior is not illegal. Possession of another person's property.
To sum up, the appellant's behavior does not constitute theft, let alone the possibility of turning it into a crime of robbery. "Fang Yi replied.
……
Lu Yuanren and Mao Wangang sat in the gallery and listened carefully.Mao Wangang's heart has been tugging from the beginning of the trial until the end of the trial. This is his son's last chance, if this opportunity is missed.Although there is still the death penalty review procedure of the Supreme Court, Fang Yi once told him that there is no chance of changing the sentence when the death penalty is reviewed, but the element of luck is higher.
Mao Wangang knew what Fang Yi meant, so he had no hope for the subsequent review of the death penalty.
After a brief adjournment, the three judges of the collegiate panel entered the courtroom again.The presiding judge began to read the verdict:
"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:
The appellant Mao Dewen used violence to injure others to death when he stole a motor vehicle that belonged to him but was seized by the public security organs according to law. His behavior constituted the crime of intentional injury and should be punished according to law.
The trial procedure of the original judgment was legal, but the characterization was inaccurate and the sentence was too heavy.The appellant's grounds for appeal and his defender's defense opinions are partially established and accepted...
The judgment is as follows: [-]. Uphold item ([-]) of the criminal judgment of the Municipal Intermediate Court; [-]. Revoke item ([-]) of the criminal judgment of the Municipal Intermediate Court; [-]. The appellant Mao Dewen committed the crime of intentional injury and was sentenced to death with a two-year reprieve , deprived of political rights for life. "
After the presiding judge pronounced the verdict, Mao Wangang in the auditorium was stunned, as if he was frozen. His eyes blinked and blinked, and then he reached out and twisted his thigh. It didn't hurt, and he didn't feel a little bit.
He turned his head to look at his son-in-law, Lu Yuanren, who was beside him, and saw that the latter's facial features shifted, and he said in a low voice, "Dad, can you let go of your hand first! It hurts! It hurts!"
Lu Yuanren and Mao Wangang watched helplessly as the two bailiffs couldn't walk with their legs crossed, and Mao Dewen, who was trembling all over, left the court.
Wu Qinghui in the auditorium looked at the scenes in the courtroom in surprise, and muttered: "Wo Cao, this is the sentence, with a reprieve!"
Wu Qinghui found that watching a criminal trial at the scene is really different from watching a criminal case. This is similar to watching a concert live and watching a pirated concert disc at home. The gap is really big and shocking!
When he was about to get off work in the afternoon, Ouyang Jie called Fang Yi and told him that Mao Wangang would invite him and his assistant Wu Qinghui to dinner, and thanked them for their work for Mao Dewen.
After putting down the phone, Fang Yi came to the door and called Wu Qinghui into the office.
"Tonight is a treat for the party, you come with me." Fang Yi smiled.
"The client? Is it the one who received a suspended death sentence today?" Wu Qinghui looked at Fang Yi suspiciously.
"Yes, they asked you to go with me by name, thanks for our work." Fang Yi nodded.
"Well, I'm just a soy saucer, and I haven't done anything. So what... After get off work, I'm going to learn the law from Lawyer Zhou. Young people, I think the most important thing is to study..." Wu Qinghui said boldly.
Wu Qinghui's words directly amused Fang Yi. If these words came from other legal assistants, Fang Yi would definitely give him a thumbs up, but the son in front of him always gave Fang Yi a sense of disobedience when he said these words.Because Fang Yi understood that he didn't say this to study, but to pick up girls.
"Well, I respect your choice." Fang Yi smiled.
"Thank you, Attorney Fang, for your support." Wu Qinghui smiled and left the office.
After the court session, Mao Wangang experienced ups and downs in mood. After returning home, Mao Wangang slept all afternoon. With no mental burden, he regained some of his former demeanor.In his opinion, as long as people don't die, he has a solution.
When the lights first came on, in the private room of a high-end hotel in the city, everyone toasted frequently, and Fang Yi drank a lot.Mao Wangang was in a good mood and drank a few more glasses.
"Brother, I keep my word." Mao Wangang winked at the driver, who took out a black leather bag from under his feet and handed it to him.
"You take this, you do things, and I pay for it. I'm a big bastard who spit on a nail. You deserve the money. Let's leave a contact information, and we will come and go often in the future." He was already half drunk. Mao Wangang took out his mobile phone and exchanged calls with Fang Yi, and added WeChat.
The crowd drank for a while before dispersing.Mao Wangang drank a little too much, so Lu Yuanren left first with his father-in-law.Fang Yi didn't drive, Ouyang Jie called a valet driver and the driver didn't arrive yet, the two chatted while waiting in the private room.
"Brother Fang, Da Maozi's family is rich, and they are rich locals. If he finds you in the future, the fee should not be lower." Ouyang Jie was very happy. Fang Yi handled this case beautifully and satisfied the Mao family's demands. , he and Lu Yuanren also made some money along the way, and all parties were satisfied.
"Well, now that the case is closed, you guys settle the bill, and I'll give you the cash directly." Fang Yi patted the black leather bag and said with a smile.
"Well, Lu Yuanren asked someone to figure it out. This is ours, and the total is..." Ouyang Jie took out the WeChat message Lu Yuanren sent him, which contained the amount of money calculated by the financial staff after deducting various expenses.
If it is really calculated, the tax that Fang Yi has to deduct is definitely higher than that calculated by the financial staff of the other party, because the more money withdrawn, the more personal tax will be calculated.However, the increase in the personal tax base caused by Fang Yi's previous withdrawal has nothing to do with the lawyer's fee this time, so it is reasonable for people to calculate the personal tax according to the lawyer's fee distribution ratio this time.
(End of this chapter)
"Defenders can respond to the prosecutor's comments," said the presiding judge.
"In response to the Prosecutor's defense opinion and response, the defender issued the following defense opinion:
Although Article No. 90 of the "Criminal Law" stipulates that private property managed and used by state agencies in transportation is considered public property, the basic meaning of this provision is: when privately owned property is handed over to state agencies, state-owned companies, enterprises, collectives, etc. When enterprises and people's organizations manage, use or transport, they are treated as public property.However, this provision does not change the ownership of property administered by state agencies.
In other words, although private property is treated as public property when it is administered by state agencies, ownership remains with the original owner.
In this case, Mao Dewen still has ownership of the Mercedes-Benz seized by the public security organs.The act of confiscating a vehicle by the traffic management agency cannot change the ownership of the vehicle.
On the night of the incident, Mao Dewen sneaked into the courtyard of the traffic police team, subjectively wanting to get back the Mercedes-Benz seized by the public security organs. The Mercedes-Benz has been registered in the appellant's name and is his legal property. The appellant's behavior is not illegal. Possession of another person's property.
To sum up, the appellant's behavior does not constitute theft, let alone the possibility of turning it into a crime of robbery. "Fang Yi replied.
……
Lu Yuanren and Mao Wangang sat in the gallery and listened carefully.Mao Wangang's heart has been tugging from the beginning of the trial until the end of the trial. This is his son's last chance, if this opportunity is missed.Although there is still the death penalty review procedure of the Supreme Court, Fang Yi once told him that there is no chance of changing the sentence when the death penalty is reviewed, but the element of luck is higher.
Mao Wangang knew what Fang Yi meant, so he had no hope for the subsequent review of the death penalty.
After a brief adjournment, the three judges of the collegiate panel entered the courtroom again.The presiding judge began to read the verdict:
"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:
The appellant Mao Dewen used violence to injure others to death when he stole a motor vehicle that belonged to him but was seized by the public security organs according to law. His behavior constituted the crime of intentional injury and should be punished according to law.
The trial procedure of the original judgment was legal, but the characterization was inaccurate and the sentence was too heavy.The appellant's grounds for appeal and his defender's defense opinions are partially established and accepted...
The judgment is as follows: [-]. Uphold item ([-]) of the criminal judgment of the Municipal Intermediate Court; [-]. Revoke item ([-]) of the criminal judgment of the Municipal Intermediate Court; [-]. The appellant Mao Dewen committed the crime of intentional injury and was sentenced to death with a two-year reprieve , deprived of political rights for life. "
After the presiding judge pronounced the verdict, Mao Wangang in the auditorium was stunned, as if he was frozen. His eyes blinked and blinked, and then he reached out and twisted his thigh. It didn't hurt, and he didn't feel a little bit.
He turned his head to look at his son-in-law, Lu Yuanren, who was beside him, and saw that the latter's facial features shifted, and he said in a low voice, "Dad, can you let go of your hand first! It hurts! It hurts!"
Lu Yuanren and Mao Wangang watched helplessly as the two bailiffs couldn't walk with their legs crossed, and Mao Dewen, who was trembling all over, left the court.
Wu Qinghui in the auditorium looked at the scenes in the courtroom in surprise, and muttered: "Wo Cao, this is the sentence, with a reprieve!"
Wu Qinghui found that watching a criminal trial at the scene is really different from watching a criminal case. This is similar to watching a concert live and watching a pirated concert disc at home. The gap is really big and shocking!
When he was about to get off work in the afternoon, Ouyang Jie called Fang Yi and told him that Mao Wangang would invite him and his assistant Wu Qinghui to dinner, and thanked them for their work for Mao Dewen.
After putting down the phone, Fang Yi came to the door and called Wu Qinghui into the office.
"Tonight is a treat for the party, you come with me." Fang Yi smiled.
"The client? Is it the one who received a suspended death sentence today?" Wu Qinghui looked at Fang Yi suspiciously.
"Yes, they asked you to go with me by name, thanks for our work." Fang Yi nodded.
"Well, I'm just a soy saucer, and I haven't done anything. So what... After get off work, I'm going to learn the law from Lawyer Zhou. Young people, I think the most important thing is to study..." Wu Qinghui said boldly.
Wu Qinghui's words directly amused Fang Yi. If these words came from other legal assistants, Fang Yi would definitely give him a thumbs up, but the son in front of him always gave Fang Yi a sense of disobedience when he said these words.Because Fang Yi understood that he didn't say this to study, but to pick up girls.
"Well, I respect your choice." Fang Yi smiled.
"Thank you, Attorney Fang, for your support." Wu Qinghui smiled and left the office.
After the court session, Mao Wangang experienced ups and downs in mood. After returning home, Mao Wangang slept all afternoon. With no mental burden, he regained some of his former demeanor.In his opinion, as long as people don't die, he has a solution.
When the lights first came on, in the private room of a high-end hotel in the city, everyone toasted frequently, and Fang Yi drank a lot.Mao Wangang was in a good mood and drank a few more glasses.
"Brother, I keep my word." Mao Wangang winked at the driver, who took out a black leather bag from under his feet and handed it to him.
"You take this, you do things, and I pay for it. I'm a big bastard who spit on a nail. You deserve the money. Let's leave a contact information, and we will come and go often in the future." He was already half drunk. Mao Wangang took out his mobile phone and exchanged calls with Fang Yi, and added WeChat.
The crowd drank for a while before dispersing.Mao Wangang drank a little too much, so Lu Yuanren left first with his father-in-law.Fang Yi didn't drive, Ouyang Jie called a valet driver and the driver didn't arrive yet, the two chatted while waiting in the private room.
"Brother Fang, Da Maozi's family is rich, and they are rich locals. If he finds you in the future, the fee should not be lower." Ouyang Jie was very happy. Fang Yi handled this case beautifully and satisfied the Mao family's demands. , he and Lu Yuanren also made some money along the way, and all parties were satisfied.
"Well, now that the case is closed, you guys settle the bill, and I'll give you the cash directly." Fang Yi patted the black leather bag and said with a smile.
"Well, Lu Yuanren asked someone to figure it out. This is ours, and the total is..." Ouyang Jie took out the WeChat message Lu Yuanren sent him, which contained the amount of money calculated by the financial staff after deducting various expenses.
If it is really calculated, the tax that Fang Yi has to deduct is definitely higher than that calculated by the financial staff of the other party, because the more money withdrawn, the more personal tax will be calculated.However, the increase in the personal tax base caused by Fang Yi's previous withdrawal has nothing to do with the lawyer's fee this time, so it is reasonable for people to calculate the personal tax according to the lawyer's fee distribution ratio this time.
(End of this chapter)
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