Lawyer's character

"Wu Sanshui's salary is 3,500 yuan per month. According to your statement, more than half of the illegally agreed probation period compensation is not supported by the arbitration committee." Liu Yuan said in surprise.

"Yes, but your company's compensation for illegal termination of labor relations is also quite large. Take Wu Sanshui as an example. His monthly salary is 3,500 yuan, multiplied by five, then multiplied by two, and the total is 35,000 yuan. Yuan! Quite a lot.

Adding together the compensation for the illegally agreed probation period and the compensation for illegally terminating the labor contract, Wu Sanshui could receive more than 60,000 yuan based on a rough calculation. "Fang Yi said.

Liu Yuan pulled out the rest of the labor contract. Basically, the terms of the probationary period in the labor contract were almost the same, and the wages of several other employees were the same as Wu Sanshui. The remaining two people's wages were higher than 3,500. Yuan, one is 4,000 yuan, and the other is 4,200 yuan.

"One person is more than 60,000 yuan... After all, five people only need 30,000 or 400,000 yuan!" Liu Yuan sighed. He tried hard to control the excitement in his heart.

"Yes! This is a big expense!" Fang Yi also sighed. He felt that the labor contract signed by the leasing company was too weird, and it was just digging a hole for himself.

"Lawyer Fang, I am not the vice president of the leasing company yet, and I speak lightly. If you have a chance to meet Mr. Gao or Mr. Yu, you must talk about this matter. If this continues, our company will suffer big losses and must be rectified." Liu Yuan He said with a look of hatred on his face.

"Well, I will make suggestions to Mr. Yu and Mr. Gao when I have the opportunity." After Fang Yi finished speaking, he suddenly felt something was wrong. Why did Liu Yuan say "rectification" instead of "rectification"?

On the way back, Fang Yi kept thinking about this: When did Liu Yuan become so concerned about the company? It's a bit abnormal! Judging from past interactions, he is not a person who loves his company as much as his family. Does this kid want to use me as a gunman? No matter what, there is a high probability that the leasing company's case will not fall into their hands anyway. If they like to fight among themselves, they can fight. If Manager Liu takes over, maybe he can actually get some cases to work on.

Fang Yi is still very clear. Even if the company belongs to Yu Mantang and Gao Jinlan, so what, they will not care about the lawyer who entrusts the case of their subsidiary company. When the water is clear, there will be no fish. They appropriately delegate power to the CEOs and Vice Presidents of the companies below to give them a little sweetness and let them make money for themselves, as long as they do not harm the interests of the company (or in other words, do not seriously harm the interests of the company). Kouzi will not interfere.

After Liu Yuan returned from the hotel, no matter how much he thought about it, he felt that this was an excellent opportunity, so he began to formulate a plan to "add insult to injury", intending to unite all the forces that could be united in the company, and use this five-employee labor arbitration to The violation of the labor contract was found out, and Vice President Li was punished at the critical moment. Let him step down completely.

On Wednesday, the Municipal Intermediate People's Court called Fang Yi. The verdict on Yuan Wei's fraud case was out and asked him to pick it up. After hanging up the phone, Fang Yi told Yuan Changzheng about the verdict, and the two agreed to go to the Intermediate Court to pick up the verdict the next morning.

Fang Yi originally wanted to ask Director Sun for leave and tell him about going to the city to get the verdict, but he didn't know what was going on with Director Sun. He was always mysterious these days, and sometimes he was not here for a whole day.

Since there was no one in sight, Fang Yi could only send him a WeChat message to inform him about going to the city the next day. Director Sun replied that he knew it and be safe.

At 10:30 the next morning, Fang Yi and Yuan Changzheng walked out of the gate of the Intermediate Court with happy faces. Yuan Changzheng held Fang Yi's hand to express his gratitude. The second-instance court in his son Yuan Wei's case upheld the original verdict.

The court of second instance held that the defendant Yuan Wei and the victim reached a compensation agreement, but it was not immediately implemented, so it did not comply with the provisions of the "litigation procedures for public prosecution cases involving reconciliation between the parties." The first instance judgment applied the "Regulations of the Supreme People's Court on the Application of Article 505 of the Interpretation of the Criminal Procedure Law is an error in the application of law.

However, the court of second instance partially adopted Fang Yi's defense opinion. According to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud", those who defraud public or private property worth more than 30,000 yuan to 100,000 yuan shall be punished. It should be determined to be a "huge amount" as stipulated in Article 266 of the Criminal Law. From the perspective of benefiting the defendant, the court of second instance held that the amount of fraud in this case should be determined to be relatively large, and the defendant should be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and either a fine or a fine.

Therefore, after discussion and decision by the trial committee, in accordance with the provisions of Article 225, Paragraph 1, Item 1 of the Criminal Procedure Law of the People's Republic of China, it ruled that the protest was dismissed and the original judgment was upheld.

Yuan Changzheng saw the content of the verdict, and he was always worried. If he followed the previous lawyer Zhao's thinking and used the signing of a compensation agreement between the two parties as the main reason, I am afraid that the second instance court will now sentence Yuan Wei to more than three years in prison. Thanks to the arrest of Lawyer Zhao, he had the opportunity to hire Lawyer Fang to defend Yuan Wei. What a miss, a thousand miles off!

Yuan Changzheng still underestimated the professional ability of the Intermediate Court judge. Even if he did not ask Fang Yi to defend his son, the case may not go as the procuratorate expected. After all, the legal provisions are there, and it is just asymmetric information. But there is no doubt that this case It will increase the risk of the case, which Yuan Changzheng cannot accept.

From a father's point of view, even if he knows that the results will be minimal, he will do it and work hard. This has nothing to do with morality, but comes from a father's inner self-blame.

Fang Yi is also reviewing in his mind. It seems that his previous inference is correct. In practice, most courts believe that criminal settlement agreements must be performed immediately. If compensation is paid in installments, the "Supreme People's Court's Regulation on Application" cannot be applied. According to Article 505 of the Interpretation of the Criminal Procedure Law of the People's Republic of China, the court cannot reduce the defendant's punishment.

"Lawyer Fang, I have already booked a private room in the hotel. I really want to thank you this time." This time Yuan Changzheng's thanks were sincere and without any trace of falsehood.

Yuan Wei has been detained for several months before. Now the second-instance judgment has upheld the original sentence and the sentence is still one and a half years. According to the provisions of Article 47 of the "Criminal Law", it is calculated from the date of execution of the judgment; he will be detained before the execution of the judgment. Yes, one day in custody is equivalent to one day in prison.

Yuan Wei will be able to come out after squatting there for about another year at most, and Yuan Changzheng has already paved the way for his son. After he comes out, he will follow him abroad to teach him how to do business.