Lawyer's character

After a pause, Cheng Wu said: "Hua Cheng, the debtor, and I have known each other for a long time.

Four years ago, Huacheng came to me and wanted to borrow 5 million from our company. He told me that the factory had received two more large orders, and the funds could not be turned over for a while, so the loan could be repaid in a year at most.

Huacheng has never had a good reputation in the industry, so I later lent him money. He pledged the factory, land and equipment to our company.

Later, when the loan was about to expire, I called him, but he always hesitated, saying that today would be postponed to tomorrow, and tomorrow would be postponed to the day after tomorrow. Later, I learned from his friend that Huacheng had borrowed money to do steel trading.

As a result, the steel trade collapsed in 2012. The capital chain of many steel trading companies was broken. Steel traders went bankrupt everywhere. Huacheng lost all the money it invested in steel trade. Why! It’s just his bad luck! "

"He hid later?" Fang Yi asked.

"No, this kid is quite capable of peeing. In order to prevent creditors from disturbing his family, he lives alone in the factory and sees everyone. Please give him a chance.

Later, there were more creditors and he was tired. Fortunately, a dead pig was not afraid of boiling water and could drip as much as he liked. I thought that if I didn't have to pay, I would go to court and sue.

The court notified him to go to court, but he didn't go. It took more than half a year since the case was filed for me to get the verdict. Later, our company applied to the court for enforcement. The execution judge scratched his head worriedly and told me that many people had sued Huacheng and there really was no property to enforce.

I asked the judge, doesn’t he own a factory and land? The judge told me that the factory and land had long been mortgaged to the bank by him and were waiting to be auctioned. However, the land was industrial land and the factory building was not large, so it would not fetch much money at auction. The bank has priority for reimbursement. "

"When Huacheng borrowed money from your company, didn't he go through the land and property mortgage procedures?" Fang Yi asked.

"The loan of five million is not a small amount, so how could it not be done? But we are getting the second payment, not the first payment. The money from the auction must be paid back to the bank first, and then it is our turn.

Later, the property and land were auctioned, and we received more than 200,000 yuan, which was not even enough for interest. There was really nothing I could do, so starting from the Spring Festival, I took people with me and followed him in shifts, eating and living together.

The land and real estate of the factory were auctioned, and Huacheng moved to a branch factory in the outskirts of the county. That branch factory was built on land he rented from the village many years ago. At that time, he had to pay ten years of rent, because the capital chain had long been broken. off-production. The equipment has already been taken care of.

I was responsible for lending funds to Huacheng. The company ordered me to collect the money as soon as possible. I issued a military order saying that if I cannot collect the money, I will not return to the company.

Later, I transferred everyone back, and one person followed Hua Cheng every step of the way, urging him to raise money to pay off his debts every day. "Cheng Wudao.

"How did Hua Cheng react when you did this? Didn't he call the police?" Fang Yi asked.

"How could I not call the police? The rabbit was angry and bit people. But when the police came and saw me, they just followed him to collect debts. They must have seen too many things, so they didn't do anything to me. They just warned me not to restrict Hua Cheng's personal freedom.

Later, I continued to follow Huacheng. During that time, I was also very tortured. I cursed him all day long. At the end of March, I drank some wine during lunch, ran to Huacheng and cursed him. The electric heater, tea set, table, kettle, etc. in the office where he slept were all smashed. Finally, the wire bed he slept on was thrown to the side of the road.

Hua Cheng was surprisingly quiet at that time. He didn't speak or stop him. He just squatted in the corner alone in a daze. In fact, if I think about it carefully, he might have had suicidal thoughts at that time, but I just didn't notice his abnormality.

Early the next morning, I went to the office to look for Huacheng. As soon as I walked in, I saw him hanging from the ceiling fan in the room. I was confused! Then the police were called. Later, the police said that I was suspected of illegal detention and detained me. "Cheng Wudao.

"Well, the night before the incident, did you hit Huacheng?" Fang Yi asked.

"No, absolutely not! He committed suicide because he couldn't bear the impact of bankruptcy. It has nothing to do with me.

Lawyer Fang, do you think I committed a crime? Lawyer Gao, who came to meet with me before, said that I did not commit a crime. "Cheng Wudao.

"Based on what you just said, I personally feel that you have committed a crime, but it does not constitute the crime of illegal detention. It may constitute the crime of picking quarrels and provoking trouble." Fang Yidao.

"Ah! I am legally collecting debts. With the court's judgment, how can it constitute the crime of provoking trouble?" Cheng Wu asked hesitantly.

"You restricted Hua Cheng's freedom and did not illegally deprive him of his personal freedom, so it does not constitute the crime of illegal detention. However, the method you used to collect debts is somewhat extreme. Hua Cheng's death has a certain relationship with you, so it may constitute a crime of illegal detention." It is a crime to seek opportunities to cause trouble." Fang Yi said.

At this time, Cheng Wu felt a little dissatisfied. Everyone in trouble would think in their favor, and Cheng Wu was no exception. The lawyer before said that he was not guilty of a crime, but now Fang Yi told him that he might be guilty of picking quarrels and provoking trouble. Cheng Wu would naturally lean towards the lawyer in front.

Although Cheng Wu didn't say anything, Fang Yi had guessed what he was thinking from the changes in his eyes.

After the meeting, Fang Yi went to the county court to review the case.

The next day, Bai Hai and Cheng Wu's daughter-in-law Li Hua came to see Fang Yi.

"Lawyer Fang, the procuratorate charged Cheng Wu with illegal detention. You said that he did not commit the crime of illegal detention and may have committed the crime of provoking trouble. But the lawyer Gao before said that Cheng Wu did not commit a crime. This..." Li Hua looked at Fang Yi, eyes full of doubts.

"Ms. Li, I made this analysis based on what Cheng Wu said and the case files submitted by the public prosecution agency. Of course, this is just my personal opinion, but I think the risk is too great for a not guilty plea." Fang Yi said.

"Lawyer Fang, is there any difference in terms of prison terms for the crime of illegal detention and the crime of picking quarrels and provoking trouble?" Bai Hai, who had been silent, suddenly asked.

“According to the provisions of Article 238 of the Criminal Law, whoever illegally detains others or deprives others of their personal freedom by other methods shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights; whoever causes serious injury shall be punished by The offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the offense causes death, the offender shall be sentenced to fixed-term imprisonment of not less than ten years.

Article 293 stipulates that anyone who commits any of the following acts of provoking quarrels and provoking troubles, disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or surveillance: (2) Chasing, intercepting, insulting, or intimidating others, with egregious circumstances.

Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined. "Fang Yi said.

"If it is illegal detention and results in death, the person will be sentenced to a fixed-term imprisonment of not less than ten years; if it is a crime of picking quarrels and provoking trouble, the maximum sentence will be a fixed-term imprisonment of not less than five years but not more than ten years." As he spoke, Bai Hai looked at Li Hua.

Li Hua's eyes were wandering and he was obviously a little undecided.