Lawyer's character

Mao Yuchuan kept thinking on the way back. It seems that Sidley Law Firm is okay. Since Fang Yi is the legal consultant of Shengfeng Group, his level must be the same. Gao Jinlan is not at a disadvantage and has been able to cooperate with her for many years. The lawyer must have two skills. Mao Dong was sitting in the passenger seat. Seeing that his father sitting in the back seat remained silent, he couldn't hold it in any longer: "Dad, do you think about cooperation?"

"Well, I think the strength of this law firm is pretty good. Let's try to cooperate with the lime mine first. In the next few days, I will ask the people from the mine to go to the law firm to talk to them. You will be involved in the entire negotiation. This matter You are responsible for coordination," Mao Yuchuan said.

"Okay, I will definitely take care of things." Mao Dongle grinned almost to his cheeks.

"By the way, do you know about the man named Wu who is with you?" Mao Yuchuan asked.

"You are talking about Brother Wu. He has a background and his company is quite big, but he has always kept a low profile. He is a local of ours," Mao Dong introduced.

"Wu family, low-key... could it be Wu Shengguang?" Mao Yuchuan's eyes suddenly lit up. If it is true, this law firm must have a close relationship with Wu Shengguang, otherwise why would they put the children of the family here.

…

The next morning, Fang Yi met the driver that Sister Lan mentioned. His name was Ma Liangyou. Coming with him was his wife Qian Qin.

Ma Liangyou looks a little dark, has a slight beer belly, and looks quite honest. His wife Qian Qin's body shape is somewhat similar to Sister Lan, but she is fatter than Sister Lan. She has a round face and big eyes, and she looks quite shrewd.

"Mr. Ma, please tell me what happened." Since I agreed to Sister Lan, I must handle the case myself.

Yun Qiao blinked his big eyes and took notes on the side.

She heard that her master had accepted a private prosecution case. She had never done a private prosecution case before, so she was curious and asked Fang Yi to co-handle the case. It just so happened that Fang Yi also wanted her to practice more, so she agreed.

"I don't blame Boss Liu for this. Boss Liu commissioned me to make a batch of stainless steel putty knives. The materials were provided by Boss Liu. I was only responsible for processing and earning some hard money.

Everything went smoothly at first. When delivery was about to begin, my son brought a customer over. The customer saw that the stainless steel putty knives we made for Boss Liu were made of solid materials, and he was in a hurry to use them, so he wanted to buy the goods.

I didn't agree at the time, and the client later left.

Two days later, Boss Liu sent someone to pick up the goods. I opened the warehouse and found that the goods were gone. I was confused at that time. A stainless steel putty knife is not a rare item, so why would someone steal it?

I called the police that day and told Boss Liu the truth, but Boss Liu didn't say anything. That night when my son Ma Xu came home, he heard that the warehouse had been stolen and that he had lost his stainless steel putty knife. I also called the police, and my face was extremely ugly.

When I pressed, my son told me that he had smuggled the stainless steel putty knives out of the warehouse and sold them to the customers he had brought before.

I asked him why, and he said that the price given by others was high, and he wanted to make more money and make another batch for Boss Liu. Anyway, he would sell it wherever he put it.

I was so angry that I smashed the coffee table at home. At that time, I called Boss Liu and told him what had happened, and apologized. However, Boss Liu refused, saying that I was not trustworthy and a big liar, and wanted to sue me.

Later, Boss Liu went to the police station to report the crime, and the public security organs chased back all the stainless steel putty knives.

After that, Boss Liu went to the police station to report the case, saying that I had misappropriated his property and wanted to put me in jail. The police station did not open a case. He went to the procuratorate again. After the people from the procuratorate asked me to understand the situation, they took him to the court and said that the crime of embezzlement was a private prosecution crime and the procuratorate did not care.

Boss Liu listened to what the procuratorate said and went to the county court to sue me for embezzlement. A few days ago, the court called me and gave me a notice of the hearing. "With that said, Ma Liangyou took out the summons and handed it to Fang Yi.

"Lawyer Fang, what kind of crime is this private prosecution?" Ma Liangyou's wife looked at Fang Yi in confusion.

Fang Yi was startled: "Have you consulted a lawyer before?"

"No." Qian Qin shook his head.

"We thought that since the police station and the procuratorate didn't care about it, it shouldn't be a big deal, so we didn't take it seriously. Who knew the court would take care of it and even sent me a notice," Ma Liangyou said.

"Lawyer Fang, do you think this is strange? Ordinarily, the Public Security Bureau and the Procuratorate are in charge of arresting people for crimes. The court is in charge of this matter, but it didn't come to arrest people at home?" Qian Qin looked at Fang Yi in confusion. .

In her opinion, in criminal cases, the judicial organs must arrest people and lock them up in jail. How can they let the defendant wander outside.

"I have to explain this to you two. The 'private prosecution crime' you mentioned is not a crime stipulated in the Criminal Law. It should be a private prosecution case. Private prosecution cases include three categories:

1. Cases handled only upon notification;

2. Minor criminal cases in which the victim has evidence;

3. Cases in which the victim has evidence proving that the defendant's violation of his or her personal and property rights should be investigated for criminal responsibility in accordance with the law, but the public security organ or the People's Procuratorate does not pursue the defendant's criminal responsibility.

The first category of criminal cases that can only be handled upon complaint includes: 1. Insult and defamation cases (except cases that seriously endanger social order and national interests); 2. Violent interference with freedom of marriage cases; 3. Abuse cases (the victim is unable to complain, or because Except for those who are unable to complain due to force or intimidation); 4. Cases of embezzlement.

In your case, the crime charged by the other party is embezzlement. It is a case that can only be handled upon complaint and is not a public prosecution case. Therefore, neither the public security organs nor the procuratorate care about it. The victim can only go to the court to prosecute.

In addition, arrest refers to the temporary deprivation of personal freedom of a criminal suspect or defendant by the public security organs, people's procuratorates and people's courts in order to prevent criminal suspects or defendants from committing acts that hinder criminal proceedings, evade investigation, prosecution, trial, or create social dangers. A coercive measure.

For private prosecution cases that are directly accepted by the court, only when the court deems it necessary to arrest the defendant will the case handler submit the case to the president of the court for decision. The arrest of defendants in major, difficult, and complex cases shall be submitted to the trial committee for discussion and decision.

In general private prosecution cases, the court will not arrest the defendant before pronouncing the verdict. After all, it is a private prosecution case, and the harm is not as harmful as a public prosecution case, so there is no need to arrest the defendant. Of course, if you are found guilty, you will also go to jail. "Fang Yi explained.

"Oh, that's right. Then can my case constitute the crime of embezzlement?" After listening to Fang Yi's words, Ma Liangyou's heart was filled with 15 buckets of water. He was very nervous and a little panicked.

"Based on what you said, I don't think you may have committed the crime of embezzlement. Of course, you have to go to the court to review the files and see what evidence the other party has provided." Fang Yi said.

"Lawyer Fang, if it does not constitute a crime of embezzlement, why did the court file a case against Boss Liu?" Qian Qin asked with a confused look on his face.

Three updates today!