Lawyer's character

"Later, how did Han Liang find out that he was cheated?" Lawyer Zhao asked.

"Later, Han Liang felt that it was a bit abnormal for the school to issue an admission notice only in May, so he went to the school to inquire. As a result, the school said that no admission notice had been issued at all, and this year's admission notice time had not yet arrived.

After Han Liang knew that he had been deceived, he went to the tax bureau to check the unified motor vehicle sales invoice. The invoice itself was fake and the tax bureau would definitely not be able to find it. Neither the child's enrollment in school nor the purchase of a vehicle confiscated by customs were completed. Han Liang called the police in anger. The police arrested my son on suspicion of fraud.

That's it. Now the case has been transferred to the prosecutor's office. Lawyer Zhao, Lawyer Fang, please see if my son’s case can be released on bail pending trial, and if you can find a way to get my son out later. "Yuan Changzheng said.

"I'll tell you my thoughts first. If there's anything I can't say, Lawyer Fang will add it." Lawyer Zhao said with a smile. Fang Yi felt that something was wrong with his smile, and there was a hint of sarcasm in it.

Since someone wanted to speak first, Fang Yi couldn't take the lead and could only sit there and listen to him express his opinions.

"First of all, if what Mr. Yuan said is true, Yuan Wei fabricated facts and concealed the truth for the purpose of illegal possession, and defrauded Han Liang of 70,000 yuan. His behavior is indeed suspected of fraud.

However, Article 505 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" that came into effect on January 1, 2013 stipulates, "For cases in which a settlement agreement has been reached, the People's Court shall The defendant shall be given a lighter punishment; if the conditions for the application of non-custodial punishment are met, the non-custodial sentence shall be applied; if the statutory minimum sentence is still too severe, the punishment may be reduced; if based on the whole case, it is deemed that the crime is minor and does not require a sentence, the criminal punishment may be exempted . ’

Based on the above explanation, as far as this case is concerned, if you can find the victim and reach a settlement agreement with him, it will be of great benefit to Yuan Wei's sentencing. "Lawyer Zhao said confidently.

Sometimes a lawyer's confidence can influence the client's choice, which is more effective than talking big and patting the chest, because it is a hint. The client will interpret a lot from the lawyer's confidence. For example, the lawyer is experienced and must have done similar cases. , winning the lawsuit is basically within your grasp.

"Do you think it's possible that the crime in this case is minor and does not require a penalty?" Yuan Changzheng looked concerned.

"Lawyer Fang, what do you think?" Lawyer Zhao did not answer directly and kicked the ball to Fang Yi.

Fang Yi was scolding in his mind, "You have said all the good things and thrown the offending things to me. How can Yuan Changzheng have a good impression of me?"

"In accordance with the provisions of Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" (effective from April 8, 2011), the value of defrauding public or private property is between 3,000 yuan and 10,000 yuan. Those exceeding RMB 30,000, RMB 30,000 to RMB 100,000, and RMB 500,000 shall be deemed as 'relatively large amount', 'huge amount' and 'especially huge amount' as stipulated in Article 266 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph based on the economic and social development conditions of the region, and report it to the Supreme People's Court and the Supreme People's Procuratorate for record.

So far, our province and the Provincial High Court have not reported the specific amount standards implemented in this region, so they are still determined according to the above standards.

According to the above regulations, the amount Yuan Wei defrauded should be between a relatively large amount and a huge amount. It mainly depends on the attitude of the guilty plea, the compensation situation, the victim's understanding, etc. The court judge has the right to make discretion.

Therefore, Yuan Wei’s case should not be considered a case where the crime was minor and no penalty was required. "Fang Yi said truthfully.

"Of course, Mr. Yuan, please don't be too pessimistic. The "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" that I mentioned just now is applicable.

If the defendant issues a letter of understanding and then reaches a settlement agreement with you, the court will still consider the specific sentence when sentencing. Yuan Wei has been detained for such a long time. It is estimated that when the verdict is handed down, the detention time will be equal to the sentence, and your son will be released soon. "Lawyer Zhao added.

"Lawyer Zhao, Lawyer Fang, are you familiar with the district court? Can you help with the operation?" After Yuan Changzheng finished speaking, he looked at Fang Yi and Lawyer Zhao opposite.

It should be said that Yuan Changzheng's way of thinking is very Chinese. Whenever he encounters trouble, the first thing he thinks of is to find a relationship.

Fang Yi didn't have any connections with the court, so he didn't dare to solicit business like this. He didn't dare but others didn't dare. Lawyer Zhao was startled when he heard Yuan Changzheng's words, and then rolled his eyes.

"I have been a lawyer for half my life. To say that I know all the judges in the court is to fool you, but after being a lawyer for a long time, how can I not know a few judges?

Besides, our law firm has more than 100 lawyers in the city, which can be called a big law firm, and there are quite a few lawyers who handle criminal cases. The case has not yet reached the court. After the case is assigned to the judge, I will give You ask. I don't know him, and I don't know the other lawyers.

If it really doesn't work, you can go to the director of the criminal court. The judge in charge of the case is uncertain, but the president and deputy president of the criminal court are fixed. However, it is too early to say this now. It will not be too late to wait until the case reaches the court. "Lawyer Zhao said with a smile.

There was nothing wrong with what Lawyer Zhao said, as if he had said something, but also as if he had said nothing at all. In short, it gave Yuan Changzheng hope and told him that I was related, but also made him unable to grasp the reason. Anyway, the case has not yet reached the court. Only God knows which judge will handle the case. It's just a lie!

What we are talking about now is the case, and the issue of whether to entrust it or not. As long as Yuan Changzheng entrusts it, we will have to deal with finding someone to spend the money. We really can’t just find a reason to prevaricate Yuan Changzheng. This kind of thing cannot be brought to the table. He You can't really go to court and ask. Lawyer Zhao has done this kind of thing not once or twice, he has experience.

"Lawyer Fang, how are you doing there?" Yuan Changzheng looked at Fang Yi.

"If you follow the suggestions that Lawyer Zhao and I gave you before, I estimate that once the sentence is offset by the time in custody, your son will not be in there for too long.

I don’t think you need to find someone to help with this kind of case. Of course, if you have connections yourself, you can also ask someone to help you through connections. "Fang Yi said.

Obeying the words, Yuan Changzheng understood immediately that Fang Yi had no connection with the court.

The subsequent conversation was much simpler. Basically, Yuan Changzheng was talking to Lawyer Zhao, and Fang Yi would occasionally chat with him. Yuan Changzheng's daughter-in-law Yang Jing also highly praised Lawyer Zhao, but rejected Fang Yi, whom Mr. Meng recommended.