Lawyer's character

Later, at the instigation of Wu Xiaoqing, the lawyers in the firm approached Gu Qingping to "clean up his side". Due to internal worries (the tigress at home was causing trouble every day) and external difficulties (the lawyers in the firm collectively protested), Director Gu fired the front desk clerk, who of course occupied You have to give some compensation for someone's advantage. Fortunately, Director Gu is good at sneaking around. In the past few years, he has made some money and his coffers are full. Otherwise, this matter would be really difficult to handle.

In addition, in order to maintain the number of lawyers in the law firm, Gu Qingping also restricted the movement of lawyers and used various cruel means to delay or hinder the transfer of lawyers. No lawyer from Fair Law Firm said that Gu Qingping was good.

Fang Yi felt a sigh in his heart as he listened to Wang Deyou's story. He originally thought that only the Justice Law Firm was "a little devil in the temple, a little devil in the pool, and a lot of bastards in the pool." But he didn't expect that this fair law firm, with thick eyebrows and big eyes, was the leading law firm in the county. It's so unbearable.

"Thank you, Lawyer Wang." Fang Yi nodded and said with a smile, "I'll treat you to this meal."

"How can I ask you to invite me? I'll do it. I'm a salary lawyer in the city, and I'm a half-landlord. I should treat you to this meal." Wang Deyou is a real person. Seeing Fang Yi getting up to pay the bill, he immediately grabbed him and said.

Seeing that Wang Deyou was so serious, Fang Yi couldn't refute him, so he sat back again.

"Lawyer Wang, let's not say 'you' or 'you'. You are too polite and seem unfamiliar. You are familiar with us once, so don't be so polite. I will add you on WeChat so that we can communicate with you if we have anything in the future." Fang Yi said Then he took out his mobile phone and added Wang Deyou as a friend.

"Lawyer Fang, are you here to handle a case this time?" Wang Deyou asked after putting down his bowl and chopsticks.

"Well, I took over a second-instance criminal case and I have to go to the court in the afternoon to adjust the file." Fang Yi looked at the time and said, then took out a cigarette and handed it to Wang Deyou.

"If you have something to do in the afternoon, I won't delay you. If you need my help in the future, just ask." Wang Deyou took the cigarette and said.

"No problem. I'll treat you to dinner next time I come to the city." Fang Yi said with a smile.

Yuan Wei's fraud case is in court. Fang Yi came to the city in the morning, and the court session scheduled by the Intermediate Court was at ten o'clock in the morning.

When the presiding judge read out the rights of the parties and defenders, Fang Yi, who was sitting at the defense table, looked across. The two prosecutors were sent by the Municipal Intermediate Court, one male and one female. The male prosecutor sat at the head and the female prosecutor Members followed.

The male prosecutor has a very distinctive appearance, with curly hair (probably self-curled), a big nose and a high nose bridge, sharp edges on his face, and big, charming eyes. He looks a bit like a TV star.

In comparison, the female prosecutor looked much inferior. She looked very ordinary, so ordinary that she would never be found again if she was thrown into a crowd.

The three judges of the collegial bench are all male judges. The two young judges on the left and right are sitting there, very honest, with a trace of nonchalance in their eyes.

The presiding judge in the middle is an old judge in his fifties, with gray hair and a pair of deep eyes, as if he can see through people.

More than ten people, including Yuan Wei's father Yuan Changzheng and mother Yang Jing, were sitting in the gallery, waiting for the official opening of the court. Several bailiffs held the door handles, looked at people, and kept looking at the situation in the court with pairs of eyes.

Seeing Yuan Wei being escorted into the court, his mother Yang Jing immediately became excited and burst into tears. If Yuan Changzheng hadn't held her shoulders, she would have run away.

Yuan Changzheng looked at Fang Yi and nodded to him. Now he placed all his hopes on Fang Yi's defense.

…

"Now the court investigation will begin. First, the judge will read out the first-instance verdict..." the presiding judge said.

After the presiding judge finished speaking, the young judge sitting on the left began to read out the first-instance criminal verdict. After he finished reading, the presiding judge said: "The prosecutor will read out the protest."

The male prosecutor picked up the protest letter and said: "Dear presiding judge and judge, the prosecutor's protest opinions are as follows, please pay attention to the court:

The County People's Court sentenced the defendant Yuan Wei to one year and six months' imprisonment for fraud and a fine of 2,000 yuan based on the Criminal Judgment No. 19 of Ji 222 Xing Chu Zi (2013). , the judgment was delivered to our court on June 10, 2013. After review in accordance with the law, this court believes that the court of first instance imposed an inappropriate sentence and applied the law incorrectly for the following reasons:

1. The original verdict and sentencing were inappropriate.

The defendant Yuan Wei committed a huge amount of fraud. After the trial, he partially compensated the victim and obtained forgiveness. He can be given a lighter punishment as appropriate and should be sentenced to fixed-term imprisonment of more than three years. In the absence of statutory mitigating circumstances for the defendant, the court of first instance was obviously inappropriate in mitigating Yuan Wei's punishment.

2. The original judgment applied the law incorrectly.

The "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" only explains the relevant procedures of criminal proceedings. The court of first instance directly mitigated the penalty error based on Article 505 of the interpretation. The reduction of punishment was not reported to the Supreme People's Court for approval...

To sum up, in order to maintain judicial fairness and accurately punish crimes, in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China, we hereby lodge a protest and request that the person be sentenced in accordance with the law.

complete! "After the male prosecutor finished speaking, he looked at the judge.

"Appellee Yuan Wei, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge said.

"I agree with the first-instance judgment." Yuan Wei's words were weak and made him sound unconfident.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment," the presiding judge said.

…

"We are now proceeding with the presentation of evidence and cross-examination. Whether the prosecutor, defender, and appellee have any new evidence to submit," said the presiding judge.

“No new evidence has been submitted,” both parties said.

Neither the procuratorate nor Fang Yi had any doubts about the facts of the case, and the appellee Yuan Wei confessed to the facts of the crime. The disputes between the two parties lie in sentencing and application of law.

…

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should mainly focus on determining the crime, sentencing and other controversial issues. Let the appellant speak first." The presiding judge said blankly Said with an expression.

Fang Yi glanced at the prosecutor opposite. The main event was about to begin, and now was the key to the case.

"The prosecutor will now speak," the presiding judge said.

“We believe that Yuan Wei constituted the crime of fraud. Although he reached a settlement agreement with the victim, he only compensated the victim for part of the money and obtained understanding. Such behavior is a situation that can be punished lightly as appropriate. The appellee Yuan Wei should be sentenced to three years. A term of imprisonment of more than 10 years.

In addition, the "Interpretation of the Supreme People's Court on the Application of (Criminal Procedure Law of the People's Republic of China)" only explains the procedures related to criminal proceedings, and cannot directly reduce the punishment of the defendant based on Article 505 of the Interpretation. If the punishment is to be reduced below the statutory penalty, it must be reported to the Supreme People's Court for approval.

Finished speaking. "The male prosecutor said.