Lawyer

Chapter 906 Why Didn't Anyone Arrest?

Mao Yuchuan kept thinking on the way back. It seems that Sidley Law Firm is not bad. Since Fang Yi is the legal consultant of Shengfeng Group, his level is definitely not bad. Gao Jinlan is not at a disadvantage, and he can cooperate with her for many years China's lawyers must have two brushes.Mao Dong was sitting in the passenger seat, and seeing his father sitting in the back seat kept silent, he couldn't hold back: "Dad, do you want to see the cooperation?"

"Well, I think the strength of this law firm is not bad, so let's take out the lime mine and cooperate with it to try it out. I will let the people from the mine go to the law firm to talk to them in the next few days. You participate in the whole negotiation, this matter You are in charge of coordination." Mao Yuchuan said.

"Okay, I'll definitely get things done." Mao Dongle's mouth was almost grinning to his cheeks.

"By the way, do you understand the surname Wu who is with you?" Mao Yuchuan asked.

"You are talking about Brother Wu, right? He has a background, and his family's company is big, but he has always kept a low profile. He is a local." Mao Dong introduced.

"Wu's family, low-key...could it be Wu Shengguang?" Mao Yuchuan's eyes suddenly lit up. If it was true, this law firm must have a close relationship with Wu Shengguang, otherwise why would they put the children of the family here.

……

In the morning of the next day, Fang Yi met the driver that Sister Lan had mentioned. His name was Ma Liangyou.Accompanying him was his wife Qian Qin.

Ma Liangyou looks a little dark, with a slight beer belly, and looks quite honest.His daughter-in-law Qian Qin's body shape is a bit similar to that of Sister Lan, but she is fatter than Sister Lan, with a big round face and big eyes, and she looks very shrewd.

"Mr. Ma, please tell me the story of the case." Since she agreed to Sister Lan, she must handle the case by herself.

Yun Qiao blinked her big eyes, and was taking notes from the side.

She heard that Master had accepted a private prosecution case, and she had never done a private prosecution case before, so she was curious, so she asked Fang Yi to cooperate in this case.It just so happened that Fang Yi also wanted her to practice more and agreed.

"I don't blame Boss Liu for this matter. Boss Liu commissioned me to make a batch of stainless steel putty knives. The materials were provided by Boss Liu. I was only responsible for processing and earning some hard money.

Everything went smoothly at first, and when the delivery was about to be made, my son brought a customer over.The customer saw that the stainless steel putty knives we made for Boss Liu were really good, and he was in a hurry to use them, so he wanted to buy them.

I didn't agree at the time, and then the client left.

Two days later, Boss Liu sent someone to pick up the goods. I opened the warehouse and found that the goods were gone.At that time, I was stunned. The stainless steel putty knife is not a rare item. How could someone steal this?

I called the police that day and told Boss Liu the truth, but Boss Liu didn't say anything.When my son Ma Xu came home that night, he heard that the warehouse had been burglarized and the stainless steel putty knife had been lost, and I had called the police with a very ugly face.

Under my questioning, my son told me that the stainless steel putty knife in the warehouse was smuggled out by him, and he had already sold it to the customer who brought it in before.

I asked him why, and he said that the price was high, and he wanted to make more money, so he could make another batch for Boss Liu, and he would sell it wherever he put it.

At that time, I was so angry that the coffee table at home was smashed.At that time, I called Boss Liu and told me what had happened. I made apologies and apologized, but Boss Liu quit, saying that I was a bad liar and wanted to sue me.

Later, Boss Liu went to the police station to report the case, and the public security organs chased back all the stainless steel putty knives.

Afterwards, Boss Liu went to the police station to report the case, saying that I had embezzled his property and that he wanted me to go to jail.The police station did not file a case.He ran to the procuratorate again, and after the people from the procuratorate asked me to understand the situation, they sent him to the court, saying that the crime of embezzlement was a crime of private prosecution, and the procuratorate didn't care.

Boss Liu heard what the procuratorate said, and ran to the county court to sue me for embezzlement.A few days ago, the court called me in and gave me a notice of the hearing. With that said, Ma Liangyou took out the subpoena and handed it to Fang Yi.

"Lawyer Fang, what is this crime of private prosecution?" Ma Liangyou's daughter-in-law looked at Fang Yi blankly.

Fang Yi was startled: "Have you consulted a lawyer before?"

"No." Qian Qin shook her head.

"We thought the police station and the procuratorate didn't care about it. It shouldn't be a big deal, so we didn't take it seriously. Who knew the court took care of it and sent me a notice." Ma Liangyou said.

"Lawyer Fang, do you think it's strange? Isn't the public security bureau and the procuratorate responsible for criminal arrests? The courts are in charge of this matter, but they didn't come home to arrest people?" Qian Qin looked at Fang Yi suspiciously. .

In her opinion, in criminal cases, the judiciary must definitely arrest people and lock them up in prisons. How could it be possible for the defendant to wander outside.

"I have to explain this to you two. The 'crime of private prosecution' you mentioned is not a crime stipulated in the Criminal Law. It should be a case of private prosecution. Private prosecution cases include three categories:

[-]. Cases handled only upon notification;
[-]. Minor criminal cases where the victim has evidence;
[-]. Cases in which the victim has evidence to prove that the defendant should be investigated for criminal responsibility according to law for the violation of his personal and property rights, but the public security organ or the people's procuratorate does not pursue the criminal responsibility of the defendant.

The first type of criminal cases that are handled only after complaints include: 1. Insult and defamation cases (except those that seriously endanger social order and national interests); 2. Cases of violent interference with freedom of marriage; (Except those who cannot tell due to coercion or intimidation); 3. Misappropriation cases.

In your case, the other party is prosecuting the crime of embezzlement, which is a case that is dealt with only after a complaint, not a public prosecution case, so the public security organs and the procuratorate don't care, and the victim can only go to the court to prosecute.

In addition, arrest refers to the temporary deprivation of personal liberty of a criminal suspect or defendant in accordance with the law in order to prevent criminal suspects or defendants from committing acts that obstruct criminal proceedings, avoid investigation, prosecution, trial, or cause social danger by public security organs, people's procuratorates, and people's courts. A coercive measure.

For private prosecution cases directly accepted by the court, only when the court considers that it is necessary to arrest the defendant, the case handlers will submit it to the president of the court for decision.The arrest of defendants in major, difficult, and complex cases is submitted to the judicial committee for discussion and decision.

In general private prosecution cases, the court will not arrest the defendant before the judgment is pronounced. After all, it is a private prosecution case, and the harm is not as harmful as a public prosecution case. There is no need to arrest the defendant.Of course, if you are convicted of a crime, you will also go to jail. "Fang Yi explained.

"Oh, that's right. Then, can my case constitute the crime of embezzlement?" After hearing Fang Yi's words, Ma Liangyou's heart was filled with fifteen buckets of water, he was flustered, and he was a little panicked.

"According to what you said, I don't think you may have committed the crime of embezzlement. Of course, you have to go to the court to review the files and see what evidence the other party has provided." Fang Yi said.

"Lawyer Fang, if it does not constitute a crime of embezzlement, why did the court file a case against Boss Liu?" Qian Qin asked with a puzzled expression.

Three more today!

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