Lawyer's character

"Does Mr. Chang still have to pay back the money he owes to the pawn shop?" Cheng Xiangyu asked.

"This involves the issue of who is the victim in this case. Due to poor storage, the Audi car was robbed. The pawn shop's losses have been compensated by Oriental Parking Lot, so the claims and debts between the pawn shop and Mr. Chang have been compensated by Oriental Parking Lot. Once the parking lot is settled, Mr. Chang no longer has to repay the loan from the pawn shop," Du Yong said.

"Oh, I said the pawn shop has never caused any trouble to my family. That's it!" Mr. Chang said in realization.

“However, Dongfang Parking Lot suffered losses due to Mr. Chang’s behavior. Dongfang Parking Lot is the victim in this case, and it is also an important element in determining that Mr. Chang’s behavior constitutes a crime.

In this case, Mr. Chang was unprepared and forcibly drove away the car. Without causing any personal damage, the party that actually suffered economic losses, namely Dongfang Parking Lot, was the victim.

Oriental Parking Lot was entrusted by the pledgee (pawn shop) to obtain the custody right of the Audi car. According to relevant regulations, during the period of custody of the pledged property, it shall bear liability for compensation for damage or loss of the pledged property.

For example, Article 374 of the "Contract Law" stipulates: "During the custody period, if the custody object is damaged or lost due to poor storage by the custodian, the custodian shall bear the liability for damages. However, the custody is free of charge and the custodian proves that he has not In case of gross negligence, no liability for damages will be borne'.

Article 215 of the Property Law also stipulates: ‘The pledgee has the obligation to properly keep the pledged property. If the pledged property is damaged or lost due to poor storage, he shall be liable for compensation. ’

(After the implementation of the Civil Code, the Contract Law and the Property Law have become invalid)

According to Mr. Chang, Oriental Parking Lot was liable for the economic losses suffered by the pledgee’s pawn shop based on the custody contract. It can be seen that Dongfang Parking Lot, as the custodian, is the victim in this case.

Therefore, Oriental Parking Lot has the right to require Mr. Chang to bear liability for compensation. Even if Oriental Parking does not sue now, when the procuratorate prosecutes Mr. Chang, Oriental Parking will file a criminal incidental civil lawsuit and require Mr. Chang to compensate for losses. "Du Yong continued to explain.

"Brother, according to you, is Lao Chang's crime proven?" Cheng Xiangyu looked at Du Yong.

"Well, based on what Mr. Chang just said about the case, I think Mr. Chang is guilty of robbery.

As for Mr. Chang’s behavior, we should not just superficially analyze whether his behavior was directed at the victim’s legal possession or property, but we should analyze whether his behavior actually caused the victim to suffer property damage.

I tell the truth, Mr. Chang, you don’t want to hear it. " Du Yong said.

"Well, you say." Chang Guang replied.

“In this case, Mr. Chang’s behavior is no different in terms of social harm than robbing other people’s property, which will cause others to suffer property damage.

I believe that in this case, Mr. Chang’s behavior of robbing his Audi car that was legally kept by a third party, Dongfang Parking Lot, due to pledge, conforms to the constitutive characteristics of the crime of robbery, and it is correct for the public security organs to treat him as a crime of robbery. "Du Yong wondered whether the other party would just say "thank you" if he told the other party in such detail.

"Lawyer Du, how many years will my sentence be for this case?" Chang Guang already believed Du Yong's words. Believe it or not, the public security organs have been arresting him. His photo is very clear in the surveillance camera in the parking lot, and there is a video of the entire car being forcibly driven away, which is conclusive evidence.

"It's hard to say. Article 267 of the Criminal Law stipulates that those who rob property of a huge amount or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. How much is your Audi car worth? Money?" Du Yong asked.

"I bought a second-hand Audi because it was relatively old. I spent more than 400,000 yuan when I bought the car." Chang Guang thought for a while and replied.

"Well, the court may impose a sentence three to ten years ago. The specific sentence depends on your performance." Du Yong said and looked at Cheng Xiangyu.

Cheng Xiangyu understood immediately, stood up and said, "Old Chang, let's go to the restaurant and have a chat."

Chang Guang nodded, got up and followed Cheng Xiangyu to the restaurant.

"Master, can you take this case?" Cheng Du came over, took out a cigarette and handed it to Du Yong: "This room smells so strong, let's go to the window to get some fresh air?"

Du Yong stood up and took the cigarette, followed Cheng Du to the window, opened a window, and lit the cigarette: "Whether you can accept it or not, it depends on whether Mr. Chang has money to pay the lawyer's fees."

"I think Mr. Chang's wife needs to keep some money for herself, so legal fees shouldn't be a big problem." Cheng Du exhaled smoke and rolled his eyes.

More than twenty minutes later, Cheng Xiangyu and Chang Guang came back.

"Brother, Lao Chang wants to entrust you with the case and everything. He has only one purpose: to reduce the sentence by a few years. What do you think is the right amount of legal fees? Lao Chang's family is also very difficult." Cheng Xiangyu sat down. said.

"Yes, my wife has cashed out all the companies in the past two years, and her life has not been easy. I have to borrow Brother Cheng's money for legal fees." Chang Guang said pitifully.

"Let's do it, Mr. Chang. The legal fees are 100,000 yuan. Don't take it too much. Let me explain to you the work to be done next. First of all, you have to raise funds to prepare. We will go to Oriental Parking Lot to discuss compensation. matter and ask the other party to issue a letter of understanding.

In addition, you should be prepared to surrender to the public security organs after the New Year, which can reduce your punishment.

Before surrendering, you need to confirm whether your Audi is still there and what condition it is in. You should hand the car over to the public security agency when the time comes.

After you are detained, we will apply for bail pending trial, communicate with the prosecutor's office about the case, and try to obtain a suspended sentence. The last step is to go to court and provide your defense.

This is the main work we have to do. It's easy to say it, but it doesn't necessarily take many trips to do it. What you have to do is to first raise funds, and secondly, confirm the condition of the car and go to the public security bureau to confess truthfully. "Du Yong looked at Chang Guang.

Chang Guang struggled for a while, gritted his teeth and nodded in agreement with Du Yong's request, then looked at Cheng Xiangyu: "Brother Cheng..."

"Don't worry, I'll help you pay back the money you paid to Dongfang Parking Lot. When your life gets better in the future, you want to pay me back," Cheng Xiangyu said.

"Well, I'll give you an IOU." Chang Guang nodded, his eyes a little red.

"Mr. Chang, before you go to the public security organ to surrender, you can pick up your family members and get together, but don't be discovered. If you find that something is wrong, I suggest you call immediately and surrender. You must understand Initiative. This will be beneficial to your sentencing." Du Yong reminded.

"Well, we won't get together anymore. I'll see them again after the sentence is over. I'll leave this case to you." Chang Guang sighed. I had endured it for so long, and in order to avoid spending a few days in jail, I disappeared, just in case.