Lawyer

"I picked up five orders." The thin-faced young man sighed and continued: "The two orders need to go to the Supreme Court of Beijing to apply for retrial, but they were directly rejected by the court.

The two cases are homicide cases, and I want to reduce the sentence. The second trial is about to start. I heard from the lawyer that it is basically a matter of going through the procedures, and there is no hope at all.Moreover, the requirements of the parties are quite high, and it will be distorted in anyone's hands. It is said that one order has been released and the money has been refunded. "

"Then there is one more order." The round-faced young man counted and said with his fingers.

"Hey! That's an old SF accountant. He can speak laws more fluently than a lawyer. How can he sign? The director called me to the office and scolded me.

At the beginning, the director asked me to come here to recruit clients, saying that as long as the clients who came out had criminal cases, they would go to the office as much as possible, but I was scolded when I really pulled them back. "Slim face complained.

"Hey! Who's to say it's not? You said that this Shengde law firm is really good. It has signed all the interesting cases. If they don't sign, we can't sign. For this job, it's better to solicit customers at the gate of the court. "The round-faced young man also echoed.

"Another one came out..." The round-faced young man had already got up and rushed over.

Hearing the words, the thin-faced man got up a little bit abruptly, felt dizzy for a while, and little gold stars flashed in front of his eyes.He hurriedly supported a small tree next to him, and raised one leg like a dog urinating: "Wow grass, my leg is numb!"

……

Early the next morning, Fang Yi and Yun Qiao went to the detention center to meet Liu Mengge. The latter looked very handsome, probably because the burden on his heart was not so heavy after he took the initiative to confess to the procuratorate, and he was in a good mental state.

What Liu Mengge told about the incident was indeed similar to what her husband Tong Zhizheng said before.Then Fang Yi and Yun Qiao went to the court to review the papers.

"Yun Qiao, please contact the procuratorate. Judging from today's meeting and review, this matter is not complicated. I want to chat with the procurator in charge of this case and submit a lawyer's opinion." On the way back, Fang Yi thinking.

"Okay. Master, do you think this case might not be a crime?" Yun Qiao heard Fang Yi's subtext.

"Well, this case is actually quite obvious. If the court decides, I feel that the evidence is a little insufficient. I don't know why the procuratorate will transfer this case to the court." Fang Yi is a little confused.

When he was about to get off work in the afternoon, Fang Yi drove out the lawyer's opinion on Liu Mengge's embezzlement of public funds case.He just stretched and wanted to take a rest when Yun Qiao came in and told him that the procuratorate had an appointment and would go to the procuratorate at ten o'clock tomorrow morning.

Meng Guangda had just picked up his bag after packing up the case files on the table and was about to go home. Yu Wendong told him that Dabao brought him another case, and the client would come to the law firm for an interview tomorrow.

Early the next morning, Fang Yi went through the lawyer's opinion again, revised it, printed a copy, and asked Yun Qiao to take it with him, and then the two went to the procuratorate.

After waiting for a while at the gate of the procuratorate, a young female prosecutor came out.

"Which one is lawyer Fang Yi?" The female prosecutor stood at the gate and shouted at several people outside.

"I am, this is our entrustment procedure." Fang Yi hurried over and handed over the entrustment procedures and lawyer's certificate.

Holding the formalities and her lawyer's certificate, the female prosecutor cast a sideways glance at Fang Yi and Yun Qiao expressionlessly, and said "hmm" in her nose: "Come with me."

After entering the office building, Fang Yi and the two were arranged to enter a small office. After waiting for about ten minutes, a male prosecutor with gray hair who appeared to be in his 40s walked in.

"Hello, Lawyer Fang, I am the prosecutor in charge of Liu Mengge's case. My surname is Gao. Are you here to discuss the case or..." The male prosecutor sat down and looked at Fang Yi.

"Hello, Prosecutor Gao. Yes, I'm here today mainly to discuss the case." Fang Yi said.

"Oh, there was something wrong with the previous prosecutor. I just took over the case two days ago. I probably read the case. Please tell me your opinion first." Prosecutor Gao's attitude was very polite.

Fang Yi was taken aback, he didn't understand why the prosecutor handling the case was suddenly changed.

"This is our lawyer's opinion. I don't think the defendant Liu Mengge is guilty of embezzlement of public funds." Fang Yi took the lawyer's opinion printed out in the morning from Yun Qiao and handed it over.

"Oh? Tell me the reason." Prosecutor Gao asked after taking the lawyer's opinion and taking a look.

"We believe that based on the existing evidence and facts of the case, the behavior of the defendant Liu Mengge does not constitute the crime of misappropriation of public funds for the following reasons:
[-]. The essential feature of the crime of misappropriating public funds is to make the unit’s public funds out of control and at risk, and the behavior of the defendant Liu Mengge in this case does not conform to this feature.

The harmfulness of the crime of misappropriating public funds is essentially reflected in: one is to make public funds out of proper control, and the other is to put public funds at risk.

First of all, in the crime of misappropriation of public funds, the ownership of public funds belongs to the unit, and the public funds should be controlled by the unit that enjoys the ownership. It is precisely because of the criminal's misappropriation that the public funds are separated from the public control and transferred to private control.The perpetrator's illegal violation of the right to control such public funds is one of the reasons for the crime of embezzlement of public funds.

In this case, the transfer of money for the purpose of paying for medicines and medical equipment is a process in which the county hospital and the supplier hand over the control of the money.As the legal successor controller of the payment, the supplier of the county hospital has the right to exercise it, including specifying in advance which direction the payment should be transferred to.

Therefore, Liu Mengge, the defendant in this case, with the consent of the county hospital supplier in advance, replaced the hospital payment with the equivalent bank acceptance draft of other units to pay off the arrears, and at the same time made the hospital's funds flow to the company run by her husband. In essence, it is exercising the control of the county hospital's suppliers over the fund, and there is no situation where public funds are out of the county hospital's control.

Secondly, in this case, the county hospital’s drug and medical equipment funds are not at risk:

1. It is the obligation of the hospital to fulfill the drug sales contract to pay for the medicine and medical equipment, and it is inevitable and necessary for the outflow of the medicine and medical equipment in the amount determined under the contract to flow out of the hospital;
2. The supplier of the county hospital, as the obligee who accepts the drug payment, agrees in advance to settle the drug payment and medical device payment of the county hospital by bank acceptance, that is to say, the supplier agrees to the change of delivery method;
3. The bank acceptance draft transferred by the company of Liu Mengge's husband Tong Zhizheng and the bank transfer check transferred by the county hospital were carried out at the same time, and the amounts were equal, and the hospital had no loss.

Although, on the surface, the money from the county hospital was not directly used to pay off the debts of the unit, but with the prior consent of the supplier and the payment of an equal amount draft as an alternative means of payment, there is no danger of the payment for medicines and medical equipment , the hospital's debts have actually been paid off in a timely manner, and there is no essential difference from directly paying the money to the drug dealer. "Fang Yi said while observing the expression and eyes of Inspector Gao.