Lawyer

Seeing that Sun and Lu did not speak or object, Fang Yi went on to say: "On the surface, what Mr. Ma and the others 'robbed' was a warranty certificate, and what was infringed was Jiang Liang's creditor's rights, not the real one. in the property.

But in essence, although the warranty deposit certificate itself is not property, it is a document proving the ownership of the 15 yuan warranty deposit. Just like a real estate certificate, it can prove the ownership of the property.

If Jiang Liang asks President Ma for 15 yuan in warranty deposit without the certificate of warranty deposit, will President Ma give it?Even if Jiang Liang goes to the court to sue, the court will not support him, so the 15 yuan will no longer be a warranty deposit, but will become Mr. Ma's property.To put it bluntly, the 15 yuan warranty certificate is equivalent to property of the same value.

The perpetrator of the robbery crime stipulated in the "Criminal Law" not only robs real property, but also includes creditor's rights documents, and creditor's rights are also a kind of company property.

The ultimate purpose of the actions carried out by Mr. Ma and others is to illegally occupy the 15 yuan warranty money that does not belong to them. "

After finishing speaking, Fang Yi picked up the teacup and drank tea on his own. Lu and Sun on the opposite side looked a little complicated, and their eyes continued to communicate.

"Lawyer Fang, we also asked other lawyers before, and some lawyers said that, judging from the specific circumstances of this case, Mr. Ma had already taken possession of 15 yuan in warranty money in advance. It is wrong to always have the purpose of illegal possession. I think what people say seems to have some truth, what do you think?" After a while, Sun Hui asked.

"I don't quite agree with this point of view. First of all, I'm not criticizing other lawyers' point of view. I just think it's a bit one-sided to understand the purpose of "illegal possession" in the crime of robbery.

It should be said that "purpose of illegal possession" is not the same as "state of prior possession of other people's property".

The basis for Mr. Ma's prior possession of the 15 yuan warranty deposit from others is the construction contract signed by both parties. If something goes wrong with the project, which makes the construction contract impossible to perform, Mr. Ma should return the warranty deposit.

To put it bluntly, the prerequisite for Mr. Ma to own the warranty money no longer exists, and the warranty money held by others should be returned to others.

Mr. Ma led people to forcibly ask for the warranty certificate, and forced the victim Jiang Liang to write a receipt. The essence was not to "repudiate the account", but to fundamentally erase the account of the 15 yuan warranty deposit. Mr. Ma's ultimate goal was illegal Possess the 15 yuan guarantee money Jiang Liang gave him, and will not return it.

am I right? "Fang Yi looked at the two of them.

"Lawyer Fang, has Mr. Ma's case been suspended? Even if it constitutes a crime, can it be treated as an attempted crime?" After Lu and Sun made eye contact, Sun Hui asked.

"That's unlikely.

According to the "Criminal Law", an attempted crime refers to the criminal's failure to commit a criminal act due to reasons other than the criminal's will.

In this case, Mr. Ma and others forcibly took back the warranty certificate, and forced the victim, Jiang Liang, to issue a receipt. When the above-mentioned actions were completed, the "guarantee money has been returned", Mr. Ma's debts have been eliminated, and his crime The purpose has been achieved, and all the constitutive requirements of the crime of robbery have been met, so Mr. Ma constitutes a completed crime.

Mr. Ma had been in possession of the security deposit before the public security agency filed the case. After the public security agency cracked the case, it recovered the 15 yuan security deposit stolen by the defendant, which did not cause any loss to the victim, so it did not affect the establishment of a completed crime. "Fang Yi explained.

"Lawyer Fang, do you have any relationship with the court, can you help us run it?" Lu Yuan asked after Fang Yi finished speaking.

"Sorry, I have nothing to do with it." Fang Yi shook his head.

"Lawyer Fang, I'm sorry to trouble you today. We have an appointment tonight, and we will definitely treat you to dinner some other day." As Sun Hui gave Lu Yuan a wink, the two stood up and said goodbye.

After sending the two away, Yu Mantang said with great dissatisfaction: "Fuck! What kind of person, let me ask you out for a whole afternoon, and it's fine if you don't entrust, why don't you even invite me for a meal? It's too fastidious Yes. Once the old horse enters like this, the relationship is broken!"

"Mr. Yu, you don't have to think too much. I feel that these two people are not telling the truth. It is very likely that Assistant Sun is the one who advised Mr. Ma.

From the beginning to the end, the two of them wanted to confirm whether the result of consultation from other lawyers was correct.Did other lawyers fool them.It can be seen that they don't trust lawyers at all. Even if they really entrust them, the case will not be easy to handle. "Fang Yi sneered.

"Well, it's possible. Let's go, I'll treat you tonight, and we have hired a new chef in the cafeteria. Please help me check it out." Yu Mantang said with a smile.

"I can't do it today, I have to go back to pick up the kids from school and cook." Fang Yi declined politely.

"Okay, I'm not being polite to you either. Brother, you've gained a foothold in the city now, it's time to think about your personal problems, you can't be alone every day, or panic!" Yu Mantang hehe laughed.

"Let's talk about it, the child is going to high school soon, I don't want him to be wronged." Fang Yi understood Yu Mantang's meaning and smiled.

"You're right, the child is half-grown, and if someone suddenly enters the mouth, it will be very troublesome if the family is at odds. But you are not short of money now, and you can solve it at any time if you need it." Yu Mantang said more and more. , Fang Yi smiled, chatted a few more words, and left the office.

……

At the breeding base, in the newly built office, Sheng Zi was looking at the company's financial statement last month.

In the past few years, the company has developed relatively fast, and has hired many professionals. I am not ashamed to ask questions in my spare time after having children. Now I can understand the company's financial statements.

At this moment, there was a knock on the door, and Li Sancai, the company's vice president of sales, walked in with a smile.Li Sancai was the first villager to raise sheep with his son. In the past few years, he has been running around with his son. His sales ability is outstanding, and he was appointed as the company's vice president of sales.

"Sancai is back? The recent sales are good! Thank you for your hard work!" Fang Yi put down the financial statement and said with a smile.

"It's not hard! If it wasn't for you to set up the stage, where would I go to sing?" Li Sancai smiled and said, "I saw a police car at the gate just now, what's the matter?"

"Hey, it's really not a big deal. We bought a submersible pump before. Yesterday, Lao Zhao and the others pulled the submersible pump to the side of the well and planned to replace the broken submersible pump.

At noon, Lao Zhao thought that the well was not far from the place to eat, and there were many people farming around, so Zhou Laosan was left to watch, and took others to eat.

Zhou Laosan felt that no one was stealing the submersible pump in broad daylight, so he ran to a field not far away to chat with the villagers. When he came back, he found that the new water pump was gone. At that time, Zhou Laosan was dumbfounded. "Said the son.