Lawyer's character

Fang Yi opened the door and immediately saw Ma Yi behind Huang Yuanchao. Ma Yi was a little embarrassed and had a smile on his face.

"It's very cold at night. Are you going to let the two of us wait for you outside for a picnic?" Huang Yuanchao shook the Moutai in his hand: "This is an old wine. Ma Yi specially selected it. You must be sincere!"

Based on the relationship between Huang Yuanchao, Ma Yi and Fang Yi, if Huang Yuanchao and Ma Yi bring too many things to the house, it will alienate the relationship between the two parties. In the past, Huang Yuanchao and Ma Yi didn't bring anything when they came to Fang Yi's house for dinner. They just called Fang Yi to prepare. For meals.

Two bottles of Moutai not only showed goodwill to Fang Yi, but also re-engaged the relationship between the two parties. This was Huang Yuanchao's decision after careful consideration. Ma Yi paid for the wine.

"As I said, the dishes are all ready and waiting for you. Why don't you come? Come in quickly." Fang Yi enthusiastically let the two of them in.

Huang Yuanchao and Ma Yi had long been familiar with the Fang family. They had gone to Fang Yi's house for dinner many times before and had also met Fang Youcai. After entering the house, the two of them greeted Fang Youcai, took off their down jackets and went to the restaurant.

"You are not allowed to leave until you finish these two bottles of wine today." Fang Yi asked Aunt Zhou to open the bottle and pour the wine.

Ma Yi was a little embarrassed at first when the three of them sat at the table. After two glasses of wine, the atmosphere became lively. The three of them seemed to have returned to the old days, changing glasses.

Fang Yi couldn't help but sigh in his heart. When he joined the Wankefa team, the people with whom he had the best relationship were Huang Yuanchao and Ma Yi. They were known as the trio who never missed work, and the relationship between the three was quite good. I don't know when Ma Yi's relationship with Fang Yi and Huang Yuanchao gradually became alienated.

The three of them reminisced about the past, talked and laughed, and not only drank two bottles of Maotai, but also drank two bottles of Fenjiu from Fang Youcai. The three of them were all drunk, and Ma and Yi stayed at Fang Yi's house that night.

…

The next day, when he was about to get off work, Yu Wendong walked into Fang Yi's office.

"Yuwen, sit here. I heard Lao Meng say, do you want to see me for anything?" Fang Yi asked without raising his head while sitting at the tea table, brewing tea.

After returning from lunch, Meng Guangda told Fang Yi that Yu Wendong wanted to talk to him. Fang Yi's heart skipped a beat. Calculating that in a few months, Yu Wendong should get his lawyer's license. He wouldn't want to change jobs.

Under further questioning, Meng Guangda told Fang Yi that it was not a matter of job-hopping, but that Yu Wendong had a knot in his heart that he couldn't get rid of. Meng Guangda suggested that Yu Wendong talk to him. Fang Yi felt relieved.

Yu Wendong agreed and sat opposite Fang Yi, looking a little reserved.

Fang Yi poured him a cup of tea and handed it to him. He was very optimistic about Yu Wendong and thought he was a good prospect and very suitable to be a lawyer.

"Lawyer Fang, I have something in my heart that I don't know whether I should say." Yu Wendong lowered his head, hesitating.

"Don't hold back what you have in mind, as it may cause problems over time." Fang Yi poured him a cup of tea, then picked up the cup and said with a smile.

“When I was in school, my teacher said that laws are enacted for the sake of justice and fairness. When I was a graduate student, my tutor told me that lawyers should support justice. What we represent is fairness and justice.

But now I am getting more and more confused. The cases we receive are all criminal cases. I do not deny that some defendants were wrongly accused, or that although they did something wrong, it did not constitute a crime.

But most defendants deserve what they get. But we still have to defend them and try to save them from spending a few years in jail. This seems to be different from what we learned in school, and my brain is a little confused. "Yuwendong looked melancholy.

"Do you feel that there is a difference between ideal and reality?" Fang Yi asked.

Yuwendong nodded.

"Does your teacher have a lawyer's license? Do they handle cases?" Fang Yi thought for a while.

"I have a lawyer's license and am a part-time lawyer. I should handle cases every year, but I have teaching duties, so it shouldn't be too many." Yu Wendong replied.

"Then every case they handle represents justice?" Fang Yi said with a smile.

Yu Wendong was startled and shook his head: "I haven't thought about this."

"In my experience, they cannot represent justice every time. They only represent interests." Fang Yi said seriously.

“The world is so magical. People who keep telling you to be just and fair actually think mostly about interests.

You don’t have to blame them, and you don’t have to think too hard, because when you step out of the ivory tower, there are benefits everywhere, and that’s what lawyers do. It’s just that everyone hides the truth in their hearts and doesn’t tell you. Because it's not appropriate to say this in school. "Fang Yi explained.

Yu Wendong looked at Fang Yi doubtfully. He felt that Boss Fang's words were a bit inconsistent with his personality.

"You don't have to look at me like that. I used to teach at a university, was a teacher, and also worked as a part-time lawyer, so I think I have a say on this issue. Because of my different status, what I do and what I say are different. Different, this is normal.

Have you ever thought about it? As a prospective lawyer who is about to obtain a lawyer's license, what is your future position? Fang Yi asked with a smile.

"At first I wanted to help those in need. But now I'm a little confused when it comes to life." Yu Wendong said.

"Do you want fame and profit at the same time, but you also want justice in your heart? It's very contradictory! In fact, 'chasing fame and fortune' is the pursuit of most lawyers, at least 99% of them are the first choice. , no matter how noble he shouted.

Because this is the result of commercialization and competition, you don’t have to be embarrassed. Me, too. "Fang Yi is telling the truth.

"Then what do you think the role of a lawyer should be?" Yu Wendong asked.

"I believe that lawyers are not the embodiment of justice, nor are they philanthropists. Lawyers must provide legal services through professional knowledge to maximize the interests of themselves and their clients! This is the essence of what I understand to be a lawyer's work." Fang Yili said On the chair, he said.

"Does this maximization of interests include defendants who have committed heinous crimes?" Yu Wendong asked.

"Of course! Even for criminals who have committed the most heinous crimes, lawyers must fight for the maximum benefits they deserve, so that they can stay in jail for a long time. Only in this way can lawyers play their role and minimize unjust, false and wrongful convictions.

Because not every accusation is impeccable and correct. Not every judgment is so fair. "Fang Yi explained.

"But the people don't think so. They don't understand how we defend the heinous defendants. They even call us unscrupulous lawyers outside the court and only care about money." Six months ago, when Yu Wendong followed Meng Guangda to the court session, he heard that the victim's family members I shouted that.

“It doesn’t actually matter what the people say, you can think of it as the cost of the smooth operation of the rule of law.

The legal system of the beautiful country is older than ours, and many of our laws are based on borrowing. But so far, when the people of the beautiful country mention lawyers, they all gnash their teeth, but when they encounter problems, they still go to hire lawyers. Why is this?

Because lawyers are more professional, charge money to do things, and can help them solve problems that they cannot solve themselves. There is no such thing as being both good and clever in this world. Every industry has its imperfections.

I encountered the same problem as you when I first entered the industry, but if you sit down and think about it, will anyone pay us wages? No, right?

We can only rely on ourselves, and there is no essential difference from small traders and hawkers. For most lawyers, being a lawyer is a living.

We all know that a doctor's bounden duty is to save lives and heal the wounded, but you can't see the doctor without paying a fee. People are dissatisfied, but they still have to tighten their belts and go to the doctor because they can solve your physical pain. No matter how much you criticize on the Internet, can it change the reality? It's impossible.

The truth is the same. Lawyers need to be responsible for their own profits and losses. We get scolded because people don't understand us, and you can't make everyone understand you.

We cannot guarantee that all lawyers have a conscience, as long as we ourselves have a conscience, we charge money to do things, and we decide how much we charge, but we must never provide legal services for free, because it is not allowed. "Fang Yi comforted.

After hearing this, Yu Wendong kept nodding. Yes, there is always a gap between reality and ideals. At this time, he seemed to have opened a window in his heart. After the fresh air came in, his depression was much less.

After more than ten minutes, Yu Wendong felt much better and left the office.

Fang Yi looked at his back and thought to himself: I hope what I just said has an effect and can untie his knot. It’s not easy to work as a team, and you also have to solve the psychological problems of team lawyers.

…

Two days before the New Year's Day holiday, the second trial of Lu Wei's corruption case began.

"The appellant Lu Wei will first read out the appeal or state the reasons for the appeal." After the judge read out the first-instance judgment, the presiding judge looked at Lu Wei at the appellant's table.

"I have no objection to the criminal facts found in the first instance, but I have returned all the money. The court of first instance sentenced me to two years in prison, which is too heavy. I request the court to sentence me to a suspended sentence." Lu Wei stated.

He heard what Cao Yongzheng and Yun Qiao said about suspended sentence during the meeting. It was said that if the second trial was changed to suspended sentence, he would not have to go to jail, so he remembered it.

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

"Presiding judge, judge: The defender believes that... the facts found in the first instance are accurate, but the characterization of this case is inaccurate. The defendant does not meet the criminal subject conditions for the crime of corruption, and the defendant's behavior constitutes the crime of fraud.

In view of the minor nature of the defendant's crime and the return of all stolen money, it is recommended that the defendant be sentenced to probation. complete. "Cao Yongzheng expressed his reasons for appeal.

Before the trial, Cao Yongzheng and Yun Qiao had already communicated with Lu Wei and his wife. Even if the defender did not mention fraud in this case, the judge was not a fool and there was no need to be evasive. This is called retreat in order to advance.

Lu Wei understood that it was impossible to be acquitted of defrauding the state into subsidy. Rather than being secretive, he should tell the truth and try to get a suspended sentence. He didn't want to squat in the detention center anymore. Although it was said that the wind would not blow and the rain would not get wet, But the mental pressure is great and there is no freedom! So he nodded and agreed to Yun Qiao and Cao Yongzheng's defense plan.

"Appellant Lu Wei, do you have any objection to the facts and charges found in the first-instance judgment?" the judge then asked.

"I have objections. I am not a civil servant and it does not constitute a crime of corruption. The court's sentence is too harsh..." Lu Wei said.

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

Because Lu Wei had no objection to the facts of the case, but only to the sentencing and charges, the prosecutor's questions went very smoothly, and Lu Wei was consistent with what he said during the pretrial.

…

"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 that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

Let me first give the floor to the appellant. "The presiding judge's face was as dark as water.

"I insist on my previous opinion that I am not guilty of corruption. I ask the court to give me a lighter punishment in accordance with the law and sentence me to a suspended sentence." Lu Wei's speech was very simple. It was not because he had strong generalization ability, but because he was nervous and didn't know what to say. I am afraid that if I say too much, I will make mistakes, so I can only place all my hopes on the defender.

"Appellant Lu Wei's defender has spoken," the presiding judge said.

"Presiding judge, judge: The defender believes that the appellant Lu Wei does not have the subject qualifications for the crime of corruption, and his act of applying for and advancing the home appliances to the countryside subsidy funds is not an official act. He falsely claimed the home appliances to the countryside subsidy funds The behavior constitutes the crime of fraud. The specific reasons are as follows:

The reason why the "Criminal Law" stipulates that "persons entrusted by state agencies, state-owned companies, enterprises, institutions, and people's organizations to manage and operate state-owned property" can constitute corruption crimes is because such subjects themselves do not fall into the category of state workers.

However, in practice, such subjects actually control, operate, and manage state-owned property. Due to the special needs of protecting state-owned property, it is necessary to include such subjects within the scope of corruption crimes.

The "Minutes of the National Court Symposium on Trial of Economic Crime Cases" issued in 2003 clarified the extension of "entrusted management and operation of state-owned property", which refers to "management and operation of state-owned property due to contracting, leasing, temporary employment, etc." property'.

In other words, the entrustment stipulated in the Criminal Law here refers to an agreement between a state-owned unit and the entrustee regarding the management and operation of state-owned property. Both parties have equal status. It is essentially a civil entrustment.

Although the trustee obtains certain duties based on the entrustment, that is, the management and operation of state-owned property within a certain period of time, this kind of management and operation is mainly a dynamic economic behavior centered on the preservation and appreciation of state-owned property.

In this case, there are many home appliance sales outlets that have signed contracts with the financial department. At the beginning of the sales of home appliances, the amount of the home appliance subsidy was not certain, and the financial department did not operate with the defendant on the income, expenditure, value preservation, and appreciation of this special sum. stores have reached a civil entrustment, and the management and expenditure of home appliance subsidy funds is still an administrative function.

To sum up, the defendant, as the person in charge of a home appliance distribution outlet, is not a ‘person entrusted by state agencies to manage and operate state-owned property’. Request the court to change the judgment of this case in accordance with the law, completed. "Cao Yongzheng expressed his defense opinion.

"The prosecutor will now speak." The presiding judge looked at the prosecution box.