Lawyer

"I agree with Attorney Du's opinion on the nature of the case, but on the sentencing, I think this case is a bit special, and it is also where lawyers show their value.

I personally think that when sentencing this case, we should fully consider the defendant's motives, objects, surrender and other circumstances. I speculate that it is between three and ten years. "Fang Yi said.

"Did Yun Qiao write it down?" Zhou Ying turned to look at Yun Qiao.

"Forget it, don't worry, I still have a recording pen here." Yun Qiao said with a smile.

"Since when did you two become so serious, you even recorded the tape?" Meng Guangda was a little dazed.

"Old rules, whoever loses will be treated." Zhou Ying laughed.

"The last time we talked about the qualitative aspects of the case, not the sentencing." Fang Yi immediately reminded.

"I'll go, isn't this trapping me!" Meng Guangda covered his face with his hands.

Cao Yongzheng also had a bitter look on his face. Looking at it like this, he had a high probability of losing. He didn't get his salary on the first day of work, so he exported a meal first. This team is too pitiful!
Fang Yi saw the change in Cao Yongzheng's eyes, and said with a smile: "Xiao Cao, you are new here, and you don't know the rules of the meeting. Your opinion won't count if you win or lose this time, just follow along to eat."

Cao Yongzheng was overjoyed, and his face was a little embarrassed.

"Lawyer Cao, follow me next time, and you can say exactly what I say." Zhou Ying said to Cao Yongzheng.

"Don't listen to her, she has invited guests five times." Meng Guangda revealed Zhou Ying's background with a smile.

"Brother Da, don't bring such a thing." Zhou Ying pretended to be angry.

Cao Yongzheng was dumbfounded, and thought to himself: This team...is really active, but I like it.

On Monday, Qiu Naijun came to Sidley Law Firm.

"Lawyer Fang, according to your statement, my daughter-in-law must be sentenced?" After listening to Fang Yi's analysis of the case, Qiu Naijun looked straight at him.

But he thought about it again, yes, the child was beaten to death by his daughter-in-law, how could the court acquit the daughter-in-law, the palms and backs of the hands are all flesh!

"Well, yes. We can only plead less guilty, but after all your daughter passed away, I'm afraid the verdict will not be too optimistic." Fang Yi tried to lower the other party's psychological expectations.

"How many years will the sentence be?" Qiu Naijun frowned.

"According to the law, the sentence is fixed-term imprisonment of more than ten years, life imprisonment or death. However, after comprehensive analysis of the whole case, we feel that there is hope to reduce the sentence to less than ten years." Fang Yi replied.

"Well, then I'll leave it to you guys... My wife, is she okay inside?" Qiu Naijun was a little nervous.

"Fortunately, it's just that the mental pressure is relatively high." Fang Yi replied.

……

In a few days, the results of Liu Mengge's misappropriation of public funds came out, and the procuratorate asked the court to withdraw the prosecution.The court held that the procuratorate's request to withdraw the prosecution before the judgment was pronounced in the case complied with the law and should be granted.In accordance with Article 177 of the Interpretation of the Supreme People's Court on Several Issues Concerning Enforcement (Criminal Procedure Law of the People's Republic of China), the ruling allowed the procuratorate to withdraw the prosecution.

Yun Qiao then communicated with the prosecutor Gao who was in charge of the case. Finally, the procuratorate decided that Liu Mengge did not constitute the crime of embezzlement of public funds and made a decision not to prosecute.

Less than an hour after Yun Qiao received the decision not to prosecute, Tong Zhizheng and Liu Mengge walked into the meeting room of Sidley & Austin Law Firm with excited faces.

"Lawyer Fang, is my case closed? You won't sue me again?!" Liu Mengge's hands trembling slightly as she held the non-prosecution decision, she raised her head and looked at Fang Yi.

"Yes, your case is closed and there will be no further prosecution unless there is new evidence to prove your guilt." Fang Yi smiled.

"Lawyer Fang, the decision to withdraw the prosecution or not to prosecute is not a court decision after all, can it work?" Tong Zhizheng was a little worried.

"Let's put it this way, the withdrawal of the prosecution is a request from the procuratorate to the court to terminate the wrongful prosecution. After the court rules to approve the withdrawal of the prosecution, the public prosecution is withdrawn, and the prosecution process for the facts alleged in the original prosecution is terminated.

The direct legal consequences of the withdrawal of the prosecution by the procuratorate are as follows: [-]. The litigation procedure is terminated.[-]. The defendant is legally innocent.[-]. The same facts and evidence shall not be prosecuted again. "Fang Yi explained.

"Lawyer Fang, can I demand compensation from the state?" Liu Mengge asked.

"Now that the proceedings have ended, the procuratorate should immediately lift the compulsory measures against you. At the same time, the withdrawal of the prosecution shows that the previous prosecution procedure was wrong. Of course, you have the right to apply for state compensation with the procuratorate as the organ with compensation obligations." After Fang Yi finished speaking, he added another sentence: "I heard that the prosecutor who handled your case before has been transferred due to lack of professional ability."

"Hey, after staying in there for so many days, I'm also angry..." Liu Mengge sighed, she understood the meaning of Fang Yi's last words.

They all hang out in one place, they don’t see them when they look up, and their operation in the hospital is indeed against discipline. Liu Mengge thinks about it, but forget it. It’s better to have one more thing than one less thing. Sometimes going through legal procedures is just the last thing to solve the problem. way, but it is definitely not the best way, compensation is not worth mentioning!

At noon, Liu Mengge and his wife invited Fang Yi and Yun Qiao to have lunch at a high-end restaurant in the city to express their gratitude.During the meal, Tong Zhizheng mentioned that his company's legal counsel had expired and he wanted to switch to Sidley Law Firm. Fang Yi was naturally happy.So it became a legal consultant business.

After dinner, Yun Qiao and Fang Yi drove back to the law firm and chatted on the way.

"Master, the procuratorate's procedure for withdrawing the prosecution is quite good, and at the end it will issue a non-prosecution decision to the defendant, and the case will be closed.

If we accept more cases that go through this procedure, we will save trouble. "Yun Qiao was happy.

"Not necessarily." Fang Yi closed his eyes and said calmly.

"Oh? Why?" Yun Qiao's eyes were full of doubts.

"The Supreme People's Procuratorate requires the procuratorate to make a decision not to prosecute within [-] days after withdrawing the prosecution. Personally, I think it's a bit superfluous and unnecessary.

The court's decision to withdraw the prosecution itself has the effect of terminating the lawsuit. Adding a non-prosecution decision will sometimes cause the compulsory measures against the defendant and the compulsory measures against the property to not be lifted in time, and the theoretical basis of this provision is, That is to say, the withdrawal of the prosecution is considered to reverse the procedure to the review and prosecution stage, which also leads to confusion and chaos in judicial practice.

I remember a criminal case called "Marathon Lawsuit" - Zhang Fayin's alleged arson and homicide case, which has been pending for eight years.

We don't care whether the defendant is guilty or innocent, but from a procedural point of view, after the case was remanded for retrial many times, the procuratorate withdrew the prosecution, which seemed to be beneficial to the defendant, but backfired.

Zhang Fayin was not released because the procuratorate withdrew the prosecution. Instead, he lost the opportunity to obtain a verdict of not guilty in time. The case returned to the stage of review and prosecution. Zhang Fayin faced endless criminal prosecution procedures.

What would you do if you came across such a case?No name, no profit, only a heart of justice, do you want to do it or not?Lawyers act in accordance with the law, but that's what the law stipulates, so what can you do? "Fang Yi's tone was a bit tragic. (End of this chapter)