Lawyer

"Well, I agree! You are right." Liu Xiaohua replied subconsciously.

She doesn't understand the big theory, but she can fully understand what Fang Yi said about the 'transaction'.Borrowing money between individuals... seems to be quite different from daily market transactions.

"Second, Liu Xiaomin's promise to collect debts for the victim free of charge does not belong to the 'transaction' referred to in the crime of forced transaction.

What is a transaction?From the understanding of ordinary people, in order to achieve a specific cooperation, the behavior of both parties paying a consideration can be called a transaction.For example, you go to the vegetable market to buy vegetables, and go to the mall to buy eggs.

However, judging from the expression of the crime of forced trading in the "Criminal Law", this article protects the market economic order and punishes those who seek illegal economic benefits through unfair transactions.

Therefore, this crime can only be established if it occurs in business operations.In this case, the defendant wrote an IOU and promised to collect debts for the victim as consideration. The act of forcing the victim to borrow money is not covered by the scope of the crime. Therefore, Liu Xiaomin's behavior is not the "transaction" referred to in the crime of forced transaction. After finishing speaking, Fang Yi paused and looked at Liu Xiaohua.

Liu Xiaohua nodded silently, as if she understood Fang Yi's words.Free debt collection seems to have little to do with business operations.

"Third, in this case, Liu Xiaomin conceptually had the purpose of illegally occupying other people's property.

Judging from the relationship between the defendant and the victim, the defendant Liu Xiaomin once worked for the victim, and the two parties only knew each other. Under such circumstances, it is impossible for the victim to lend such a huge sum of 150 million yuan to the defendant.

It was precisely this that the defendant was aware of that tricked the victim out and used violence to 'borrow' from him.At the same time, the real estate mortgage mentioned by the defendant did not exist at all, and he had no ability to repay.

According to the judgment, Liu Xiaomin had debts of more than [-] yuan before committing the crime, and he had no real estate under his name.

In other words, the defendant, Liu Xiaomin, has neither the ability nor the willingness to repay the loan. His behavior is a robbery under the guise of "borrowing money", so it fully meets the constitutive requirements of the crime of robbery and should be determined as a crime of robbery.

In addition, according to the relevant provisions of the "Supreme People's Court's Opinions on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching", although the defendant did not actually rob the victim, he used violent means to cause minor injuries to the victim. Since the object of the crime of robbery is a double object (ownership of public and private property and the personal rights of citizens), the defendant's behavior is still an accomplished crime of robbery.

From the perspective of sentencing, although the defendant tried to rob a huge amount of money (150 million yuan), he did not actually rob. Therefore, he could not be sentenced within the range of "ten-year imprisonment, life imprisonment, or death penalty", but should be sentenced within the statutory range of three to ten years' imprisonment.

Therefore, I personally think that there is no problem with the sentencing of the defendant Liu Xiaomin for the crime of robbery by the court of first instance.The chances of a second-instance revision of the verdict are slim. "Fang Yi explained.

Liu Xiaohua's eyes were full of disappointment. Although she didn't understand everything Fang Yi said, she understood Fang Yi's final conclusion.

"Lawyer Fang, can you..." Liu Xiaohua did not give up, and wanted Fang Yi to try.

"Ms. Liu, even if I handle this case, I'm not sure about the second trial." Fang Yi declined politely.

There is no hope for the second trial of this kind of case. Fang Yi will be very painful even afterward. Instead of unreasonably disturbing three points in court, making the judge and the procuratorate look down on him, and ruining his hard-earned reputation, it is better not to make this money.

Now that everyone said so, Liu Xiaohua felt that there was no point in staying any longer, so she got up and said goodbye, paid 3000 yuan for consulting fees, and left the meeting room.

Li Mingbo chatted with Fang Yi for a while, and seeing that it was almost time to get off work, he asked Fang Yi to have dinner after get off work.Fang Yi felt that he hadn't seen his old friend for a long time, so he agreed.

As soon as Liu Xiaohua reached the gate of the law firm, a thin man chased him out.

"Ma'am, wait a moment." The thin man said while chasing her.

"Did you call me?" Seeing that there was no one else around, Liu Xiaohua stopped in her tracks.

"Yes, I'm calling you. Let me introduce myself. My surname is Guo, and I'm a lawyer from this law firm. Are you here to consult on a case?" The thin man glanced around and said in a low voice.

"Yeah, what's the matter?" Liu Xiaohua replied suspiciously.

"Let me introduce myself. I am a partner of this law firm. I am good at various civil and criminal cases. I see that you look unhappy. If you can tell me, maybe I can help you." Lawyer Guo said.

"Criminal cases, do you also do it?" Liu Xiaohua was happy when she heard that the other party was a partner.

Although she didn't know how professional her partner was, she subconsciously felt that she should be like the head of the village.

"Do it, I have handled a lot of criminal cases in recent years, and I even defended the son of a bank president a few days ago.

It's not convenient to talk about cases here, so I happened to make an appointment for a meeting room.We can go talk. Lawyer Guo smiled.

"Okay, are you really a partner?" Liu Xiaohua was a little suspicious, but she followed her.

After the two left the front desk, the two girls sitting behind the reception pouted.

"What number is this?" the round-faced girl asked.

"The third one." The melon-faced girl replied with disgust.

"Waiting here every day to pick up leaks, steal money, and claim to be a partner. Why does this lawyer Guo have such a big face. I wonder, when did such a group of people join our law firm. No wonder Director Wan has withdrawn." The round-faced girl complained.

"Hush, keep your voice down, what are you worrying about earning this little salary?" The melon-faced girl looked around and said in a low voice.

"I just can't see it. Our law firm is finished. I'll ask Director Wan later if the new law firm needs a front desk. If it needs me, I'll quit." The round-faced girl said in a low voice.

"Well! When you ask, ask for me too." The melon-faced girl said helplessly.

In a restaurant not far from the law firm, Li Mingbo was pouring wine for Fang Yi.

"Lawyer Fang, I heard that many partners in your law firm have changed firms?" Li Mingbo asked after pouring Fang Yi's wine and putting down the beer bottle.

"Well, there is some disagreement between the top management of the law firm. The boss of our team led the team out to build a new law firm." Fang Yi didn't hide it from him, and he couldn't hide it.

"You didn't follow?" Li Mingbo asked while eating.

"I'm going through the formalities of quitting the partnership, and I'll be transferred there in June. My team's lawyers have already been transferred. How is your side?" Fang Yi changed the topic. (end of this chapter)