Lawyer

"Oh, that's it! Lawyer Fang, how many years do you think my wife will be sentenced to?" From Tong Zhizheng's point of view, his daughter-in-law has already been arrested, which must constitute a crime. Otherwise, the procuratorate can arrest people at will?
"If this case is as you said, I don't think it necessarily constitutes a crime of embezzlement of public funds." Fang Yi flicked an ashtray in the glass ashtray.

"Well, some lawyers said that before, but later they told me that my daughter-in-law might be guilty of corruption." Tong Zhizheng's eyes flickered.

"Oh? What do they think constitutes a crime of corruption?" Fang Yi asked curiously.

"The reason is: My Courtyard Company exchanged a bank acceptance bill with a certain acceptance period for a transfer check payable at sight. My daughter-in-law's behavior is essentially taking advantage of the convenience of the state staff to embezzle the transfer check with the bank. The discounted interest on the equivalent amount of bank acceptance bills.

It is said that I took advantage of the hospital's discounted interest, I admit it, but the hospital has no loss.The bank acceptance draft I gave also helped the hospital repay the debt!So I can't figure it out.

You said, will the court convict my daughter-in-law of corruption? "Tong Zhizheng looked at Fang Yi with a bewildered expression.

"Generally speaking, if the court finds that the charges prosecuted by the procuratorate are improper during the trial, it will prompt the procuratorate to change the charges. However, if the procuratorate does not change the charges, the court has the right to make a judgment according to the charges found in the trial." Fang Yi explained.

"That means it is possible to convict my daughter-in-law of corruption?" Tong Zhizheng asked with a confused face.

"What I just said was just what may happen during the court trial, but I don't think your wife's case constitutes a crime of corruption." Fang Yi finished speaking and picked up the teacup.

Seeing that Fang Yi had spoken halfway, Tong Zhizheng stopped, and he didn't say he was ugly. He felt as uncomfortable as being scratched by a cat, and immediately took out a stack of money from his handbag and put it on the tea table: "Lawyer Fang, I know that you have to pay consulting fees to find a lawyer. I don’t know how much you pay per hour, we have the right to be friends, and you will accept the money.”

Fang Yi was taken aback, and glanced at the money on the table. There was a thick pile of 1 yuan.

He immediately understood that Tong Zhizheng must have misunderstood what he meant. He was just drinking from a cup when he was thirsty, but he didn't mean to ask for a consultation fee.

"Mr. Tong, if you do this, you will be offended. You are Sister Lan's friend, how can I ask for your consulting fee." Fang Yi put down his teacup and said, "I said that your lover is not guilty of corruption. Your consulting fee."

Tong Zhizheng nodded quickly: "Well, I understand, you are a well-known local criminal defense lawyer, I know that you are here today not because of money, but because of sister Chonglan.

But I have to give this money. This matter is related to the personal freedom of my lover. If you answer my questions, it is only natural for me to pay you. You don't have to shirk.

You said that my lover is not enough to be a crime of corruption, so what is your reason? "

"If what you said just now is the truth, I haven't seen the case file now, I mean if..., you understand what I mean." Fang Yi first limited the prerequisites to avoid major changes in the case. Tong Zhizheng said that he has a false name.

"Well, what I said is absolutely true. I believe what my daughter-in-law said in the procuratorate is the same as what I told you." Tong Zhizheng replied with an expression that almost swore to the sky.

Fang Yi was startled again, all the same?There are only two situations in which Mr. Tong dares to say that. One is that the husband and wife have already discussed it before, and they have the same caliber to the outside world;

"In my opinion, your lover Liu Mengge did not illegally occupy public funds, and his behavior does not constitute a crime of corruption. The reasons are:

First, the drug dealer and the medical equipment dealer in this case did not immediately discount the undue bank acceptance draft after obtaining it, and there was no problem of loss of discounted interest.

Bank acceptance bills can not only be used as a credit instrument, but also a payment instrument.When bills of exchange are used for transactions through endorsement and other bills, they have the same function of clearing debts as equivalent cash and checks.

Before, some lawyers believed that your spouse was suspected of corruption. I think the bill discounting they thought was just a hypothesis, assuming that the bearer may immediately discount the bill instead of using the bill through endorsement and other bills. The bearer is Drug dealers and medical device makers lose out on discounted interest.But it is a mode of thinking that substitutes possibility for inevitability and reality.

Criminal law only punishes actual harm or danger, not potential harm or danger.As a matter of fact, the real money order provided by your lover Liu Mengge, which was endorsed by the county hospital and transferred to the pharmaceutical and medical device suppliers, has been fully paid by the bank after the endorsement and transfer, and the supplier of the county hospital has not lost any so-called discount interest.

It can be seen that no one in this case has suffered losses from the interest discount, that is to say, there is no factual basis to think that your spouse owns this part of the interest discount. "

After finishing speaking, Fang Yi looked at Tong Zhizheng, who kept nodding his head while pondering over Fang Yi's words.

"Second, the object of the crime of corruption is the money of the unit. In this case, after the bank acceptance was delivered to the supplier of the county hospital, the hospital's debt has been settled.

Assume that the supplier of the county hospital immediately discounts the bank acceptance draft after getting the undue bank acceptance draft, and your spouse has embezzled the interest discount in some way, but this part of interest discount is also a loss for the county hospital supplier.

After the creditor's rights and debts between the county hospital and the supplier are settled, the hospital will not bear any losses, and it is the interests of the supplier that are really infringed.

So I think, in this case, your lover's behavior does not constitute a crime of embezzlement. "Fang Yi continued to explain.

After finishing speaking, Fang Yi picked up the teacup and drank tea on his own. Tong Zhizheng took out a cigarette, lit it, and smoked while digesting Fang Yi's words just now.Although he doesn't know much about law, he understands bank drafts and has basic logical thinking.

After a while, Tong Zhizheng slapped his thigh and looked at Fang Yi: "Lawyer Fang, I understand what you mean. You are right. There is indeed a problem with what the lawyer said before. This matter has nothing to do with the county hospital at all.

What about embezzlement?Does my daughter-in-law constitute the crime of embezzlement of public funds? "

"As I said just now, your lover may not constitute the crime of embezzlement of public funds. Of course, this is just what you said. After all, I haven't seen the case file."

"Oh? How do you explain this?" Tong Zhizheng's eyes sparkled, and there was a hint of excitement in them.

"Although your wife Liu Mengge transferred the public funds of the county hospital to your company, she also handed over the bank acceptance draft of the same amount to the accountant of the county hospital for accounting, and paid it to the supplier of the county hospital as the drug payment.

The acceptance of the bank acceptance bill is guaranteed. During the whole process, your spouse did not cause any loss to the county hospital, and the supplier got the payment when it was due, and there was no loss. Therefore, your spouse's behavior is not in line with embezzlement of public funds elements of crime.

In my opinion, the behavior of your lover Liu Mengge is only a violation of financial discipline. It is not harmful to society and should not be regarded as a crime. "Fang Yi explained.

There are two more chapters tonight.