Lawyer's character

"In addition, according to your story, another objection raised by the procuratorate is that the original judgment applied the law incorrectly.

The Procuratorate believed that the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" only explained the procedures related to criminal proceedings, and the first-instance court made an error in directly mitigating the penalty based on Article 505 of the interpretation. Mitigation of punishment should be submitted to the Supreme People's Court for approval.

I think the prosecutor's office's point of view is untenable.

First of all, Article 279 of the Criminal Procedure Law clearly stipulates that for cases in which a settlement agreement has been reached, the People's Court may impose lenient penalties on the defendant in accordance with the law. Mitigation, reduction, and exemption from punishment should all fall into the category of "lenient punishment."

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" is the concretization of the above provisions. Article 505 deals with lighter punishment, reduced punishment and exemption in criminal reconciliation cases. The provisions on criminal punishment all fall within the scope of "lenient punishment" in Article 279.

Therefore, I believe that the people's court can directly decide on a reduced punishment or even exemption from punishment, and there is no need to submit it to the Supreme People's Court for approval according to the sentencing procedures below the statutory penalty. Fang Yi thought for a while and said.

"So the procuratorate's first protest opinion is the key?" Although he couldn't understand those brain-burning legal provisions, for Mr. Meng, he could still grasp some important information.

"Well, there may be other breakthroughs. Of course, this must be discussed after reading the case file. What does Mr. Yuan want to do with this case?" Fang Yi looked at Yuan Changzheng.

His subtext was very clear: Mr. Yuan, do you want to find another lawyer, or entrust me to handle it?

What Fang Yi said just now made Yuan Changzheng feel as if he was on a roller coaster. He had to admit that Fang Yi was very professional. When he discussed the case with Lawyer Zhao and the partner before, he basically couldn't talk. In just two sentences, they will turn to finding people, trusting connections, and then asking for money, and rarely discuss the case in depth.

Yuan Changzheng, who had been fooled once, gritted his teeth and planned to try again, entrusting the middle-aged male lawyer in front of him to be his son's second trial defender.

"Lawyer Fang, how confident are you that the original verdict can be upheld in my son's case?" Yuan Changzheng asked.

"I can't say this, and I won't make any promises to you. If you entrust me, I will do my best." After Fang Yi finished speaking, he looked at Yuan Changzheng.

He knew that the other party wanted him to give an accurate answer, but there was no such thing as an accurate answer. After all, the jurisdiction was not in the lawyer's hands, so what was the use of saying it? He might end up complaining like Lawyer Zhao.

In fact, Fang Yi has been thinking about a way to solve this case since he received the invitation call from Mr. Meng. He did think of a method, but whether the court will adopt it, and even if it adopts it, whether it will uphold the original judgment, there is still a question. Uncertainty, so he did not dare to speak out the plan rashly.

Besides, the other party hasn’t entrusted the case yet. If you tell me your plan, you won’t be able to protect the other party from finding a cheap lawyer to handle the case, leaving you alone. Naturally, Yuan Changzheng would not say anything if he won the second instance, but if the second instance court changed the verdict, Yuan Changzheng would not blame the young lawyer. He would definitely resent Fang Yi in his heart for not having enough professional skills and harming his son. We have to guard against it!

"Lawyer Fang, I leave my son's case to you." After a moment, Yuan Changzheng said sincerely.

In the end, both parties settled on the second-instance lawyer's fee of 30,000 yuan. It was less than the legal fees of the first trial. The main reason was that Yuan Changzheng was unsure. The best outcome would be to uphold the original verdict, so he was unwilling to pay too much.

Yuan Changzheng and Mr. Meng stayed overnight in the county. Early the next morning, they went to Zhengyi Law Firm and signed the authorization formalities with Fang Yi.

Walking on the streets of the city, Wang Deyou felt relaxed. He finally left the Fair Law Firm and transferred to a small law firm in the city called Weimin.

Looking at the bustling street, his heart was not as relaxed as it seemed. There are many opportunities in the city, but the competition is also fierce. There are only a few law firms in the county, but there are more than a hundred law firms in the city that he can name, and there are many that he doesn't know about.

Wang Deyou knows that many lawyers in the city have gone to the capital to develop their careers. Some lawyers have connections in the city but are in the capital. Most of these lawyers deal with cases involving acquaintances and friends, relying on trust.

This type of lawyer is qualified to transfer the lawyer relationship to the capital, but whether they are willing to transfer and whether they can transfer is another matter. Why do you say this? There are two reasons:

1. The procedures for inter-provincial firm transfer are relatively complicated. For the sake of optimization and competition, the Beijing Lawyers Association is very strict in reviewing the transfer of lawyers from other provinces, and the transfer period is very long. Normally it takes about half a year. Of course it does matter. It’s another matter (it can also be understood as regional protection).

2. The invoicing cost in Beijing is about six points, while the invoicing cost in the city is just over one point (with tax incentives). In comparison, for lawyers with low incomes, the five-point difference is huge. , so they prefer to keep their relationship in the city.

Wang Deyou, like most lawyers, has no background and no connections. When he came to the city, he could only be a lone hero and start his own business. But his personality determines that he is not a lawyer who is familiar with him like Lawyer Zhao Cunliang and Zhao. Therefore, if he chooses to practice alone in the city for the first time, he will probably go hungry and cannot afford the rent.

As early as when he had the idea of ​​changing his firm, he had already thought about going to the city to find a salaried lawyer at a law firm to make the transition first. When he was in the county, he went to the city several times. Some large law firms like to recruit young lawyers, because young lawyers are energetic and can work overtime day and night, and they are not burdened by family.

After searching around, he finally found Weimin Law Firm. The director of Weimin Law Firm, whose surname is Song, is Song Xilian. He is a very nice person. He recently signed a contract as a legal consultant for a large company through connections and needs someone more stable. A lawyer was in charge of providing legal services, so Wang Deyou got this position with his steady personality and mature appearance.

Weimin Law Firm is a small law firm, and the wages of salary lawyers are not high, which is enough to rent a house, eat and drink on a daily basis. Fortunately, Wang Deyou’s wife has a stable job in the county, and the children’s primary school education is not expensive for the time being, so the family has stability. He doesn't need to worry about his income, otherwise it will be enough for Lao Wang to drink a pot of water. Wang Deyou doesn't plan to be a salaried lawyer for the rest of his life, but he just wants to find a place to settle down first and then slowly pursue it.

Wang Deyou is a kind-hearted (weak) person. During the Chinese New Year and the holidays, he would buy live chickens and ducks from the farmer's market and take them home, but they would have to be slaughtered by his wife. He did not dare to use the knife because he thought it was too bloody. He couldn't bear to kill a living creature (chicken or duck) with a knife.