Lawyer's character

“According to the provisions of Article 33 of the State Compensation Law of the People’s Republic of China, if a citizen’s personal freedom is infringed, the daily compensation shall be calculated based on the national average daily wages of employees in the previous year.

The average daily wage for employees released by the state last year was 162.65 yuan. Based on the number of days you were detained, a rough calculation of the compensation should be more than 10,000 yuan. "Fang Yi said.

"Lawyer Fang, if our application for compensation is successful, will the procuratorate punish the relevant staff?" Qian Linlin asked.

"Yes, in accordance with the provisions of the State Compensation Law of the People's Republic of China, the procuratorate will hold the relevant personnel accountable, and they will bear all or part of the compensation." Fang Yi explained.

"It's only more than 10,000, Dad, why don't you forget it? We've all seen each other in the county without looking up. It's not good to offend the procuratorate." Qian Linlin was worried, but his father calmed down after hearing what Fang Yi said. Come down.

"The compensation money is too small... Let's go back and make me some braised pork to make up for it. The food in the detention center is really not that good. I will make up for it first, and we will discuss the compensation later." Mr. Qian thought His daughter's words made sense. The people would not fight with the officials, so he found a step for himself. After speaking, he went straight to his daughter's car.

Why does Mr. Qian think so? Because there are lessons learned from past experiences.

Before the old man retired, he had a colleague named Zhou Yang. When he was buying a house, the sales lady exaggerated and made the new property look like a flower. As a result, after Zhou Yang paid the deposit, he found that the new house was not as good as the sales lady said. There was also a quality problem. It was completely ruined, so I went to the sales office to ask for a refund from the sales lady.

After finally selling a house, the sales office was not willing to refund the money, so he started to pull up his pants and refuse to admit the debt, denying what he had said. After a back and forth, the two sides said they were anxious and moved their hands. The scene was quite chaotic at the time, and no one knew who made the move first. Both sides had scratches, but nothing serious.

Later, the sales office called the police, and police from the nearby police station took Zhou Yang away. They detained Zhou Yang and refused to let him go in the name of asking about the situation. In fact, anyone with a discerning eye will understand at a glance that the local developers must have taken care of the relationship well.

Later, Zhou Yang's family called the police inspector and explained the situation. As a result, Zhou Yang was released not long after. The whole family was very happy and praised the inspector for his high efficiency.

But early the next morning, the police station called Zhou Yang again and asked him to cooperate with the investigation. Zhou Yang went again. As a result, the investigation lasted one day, and it was still the same on the third day, and it was still the same on the fourth day. Two days later, he was called again. Cooperate with the investigation.

Every time I went to the police, they were always kind and polite. They only asked a few questions about the situation, which was like chewing the cud in a continuous loop. Later, a knowledgeable colleague told Zhou Yang: He has offended someone. The person who asked him to cooperate with the investigation must have been scolded by his superiors and felt unhappy. Can you feel happy when others feel unhappy?

Later, Zhou Yang dragged someone out to settle the matter. Mr. Qian still remembered the incident. He didn't want to be remembered for more than 10,000 yuan. If you can't afford to offend the common people, you can hide them!

After Qian Linlin treated Fang Yi to lunch, she sent him back to the law firm. During the meal, Qian Linlin repeatedly expressed her gratitude and hoped that he could turn over her husband's case.

Fang Yi didn't want to! Two hundred thousand!

The Cao Yueshan contract fraud case finally opened at nine o'clock in the morning on Thursday the following week. The court of second instance is the Provincial High Court.

The courtroom where the Provincial High Court arranged the hearing was very spacious. Fang Yi felt that there were rows of seats below that could seat about 200 people. Today's public trial of the Cao Yueshan contract fraud case was held. There were many people sitting below, most of whom were relatives of the defendant. Even so, the courtroom still seemed relatively empty.

Opposite the defense table were two prosecutors from the Provincial Procuratorate, one male and one female. The male prosecutor had eyes and was helping the female prosecutor prepare case file materials. The female prosecutor had a heroic face, short hair, and looked very capable. It can be seen that the majority of the two are female inspectors.

After a while, the three judges of the collegial panel came in wearing loose robes. The presiding judge sitting in the middle was a man, about forty years old, with a face like a Buddha, big ears, a big nose, and a very fat face. Full and shiny.

The judge sitting on the left is a woman with a thin face, glasses, and a refined look. She looks to be in her thirties. The judge on the right is a man with a serious face, short hair, and a pair of eyes like a falcon, as if he can read people's thoughts at a glance.

After the preparations for the trial are completed, the trial begins.

The presiding judge said: "The People's Court's appeal against Cao Yueshan's contract fraud case will now be heard in public." As the words fell, there was the sound of the hammering of the gavel.

The appellant Cao Yueshan was escorted to the court by the bailiff and sat down. Next, the presiding judge began to check the appellant’s information…

Fang Yi looked at Cao Yueshan. Compared with the previous meeting, Cao Yueshan looked much thinner now and his mental state was not very good.

"According to the provisions of Article 152 of the Criminal Procedure Law of the People's Republic of China, this court publicly tried the appellant Cao Yueshan's suspected contract fraud case in accordance with the law... The parties, legal representatives and defenders have the right to enjoy the legal rights during the court hearing. The main litigation rights are as follows..." The presiding judge performed the procedures in accordance with the law.

After the previous litigation rights were read out, the presiding judge looked at Cao Yueshan: "Appellant Cao Yueshan, did you hear clearly the above litigation rights?"

Cao Yueshan raised his head and looked at the presiding judge: "Listen clearly."

"Appellant Cao Yueshan, do you apply for recusal?" the presiding judge asked.

"No application." Cao Yueshan said.

Next, the court investigation began, and the presiding judge read out the first-instance verdict.

After reading the first-instance judgment, the presiding judge said: Next, the appellant Cao Yueshan will read the appeal and state the reasons for the appeal.

"I, Cao Yueshan, state the reasons for the appeal as follows: First, the Red Sea Company I run and the Lianda Company are in a cooperative relationship, and the dispute between the two parties is also a civil case, not a criminal case. Second, the Gaojiazhuang New Residential House contracted by the Red Sea Company The real estate project actually exists, and my discussion of cooperation with Lianda Company does not involve contract fraud. End of statement."

"The defense lawyer issued his reasons for appeal." the presiding judge said.

"First, the Red Sea Company run by the appellant had the Gaojiazhuang Village Committee sign an agreement for a new residential real estate project, and actually invested funds in the operation, and the preliminary land leveling work was completed. It was only due to funding issues that it could not proceed With further development, it can be seen that the new residential real estate project is real.

Second, Red Sea Company first paid a deposit of 3 million yuan to Gaojiazhuang for the project, and then hired a construction unit to level the land to prepare for the start of the project and paid the project costs. It can be seen that Red Sea Company has indeed invested a lot in the project.

In addition, Honghai Company has not terminated its agreement with Gaojiazhuang Village Committee so far. Its construction agreement with Lianda Company is true and effective, and there is no fraud.

Third, the project involved in this case really exists, and it is indeed being developed by the Red Sea Company run by the appellant. The signing of a joint construction agreement between Lianda Company and Red Sea Company is a civil act. This case should be a civil dispute, and the appellant does not constitute contract fraud. crime.

Presiding judge, the reasons for the appeal have been stated. "Fang Yi said.

Four updates today, and one of the three chapters was banned yesterday.