Lawyer's character

In fact, when Hu Weijun was describing the case, Fang Yi had been considering whether this case constituted fraud.

“To be honest, I am more inclined to consider your case to be civil fraud rather than fraud.

According to Article 266 of the Criminal Law, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

Civil fraud refers to an illegal act in civil activities in which one party intentionally expresses his intention by using untruthful information to cause the other party to fall into a misunderstanding, thus causing a certain civil legal relationship.

According to the provisions of Article 58, Paragraph 1, Item (3) of the General Principles of Civil Law, civil fraud is one of the causes that renders civil acts invalid. (Article 149 of the Civil Code passed in 2020 has special provisions on fraud. Interested book friends can check it out)

The crime of fraud and civil fraud are easily confused in judicial practice. Many times it is difficult to distinguish. I am just listening to your narrative and making a preliminary judgment now. I will not be able to determine the defense plan until I read the case file. I will come back to you at that time and tell you my defense plan. "Fang Yi said.

"Okay, thank you, Lawyer Fang. Please take more trouble, it's all up to you. The lawyer's fees..." Hu Weijun said with a confused look on his face.

"You don't have to worry about the lawyer's fees. Mr. Tong has already paid for you." Fang Yi said while packing up the documents: "Your lover is right outside the detention center. Is there anything I need to bring you? Clothes, shoes and socks."

"No, I have given it away before. Let my wife charge me some money. Thank you!" Hu Weijun said.

After leaving the detention center, Fang Yi told his daughter-in-law Li Feng about Hu Weijun's request. After saving money for her husband, Li Feng drove out of the detention center with Fang Yi. Li Feng asked questions along the way, and it was obvious that she was still very worried about Hu Weijun. situation. Whether the couple will go their separate ways when disaster strikes...it's hard to say right now.

After the meeting, Fang Yi sorted out the case, drafted an appeal based on the judgment, went to the detention center again, questioned Hu Weijun based on the summarized questions, and then submitted the appeal to the court. What followed was a long wait. After the first-instance court reviews the appeal materials, it will transfer all case file materials to the second-instance court within three days according to regulations. At that time, Fang Yi will apply for access to the case files.

While waiting, Fang Yi was not idle. He checked many related cases on the Internet, and then called his classmates who worked in the Beijing Court to discuss it.

Looking at Fang Yi's busy figure, Sun Zhengyi was very happy. He had read the entrustment agreement and knew that if Fang Yi was sure that the case could be completed, 80,000 yuan in legal fees would be credited later, so he chanted Buddhism all day long, hoping that Fang Yi could take over the case. Take this case.

After May Day, the weather got warmer, and Fang Yi made an appointment with Mr. Tong and Li Feng again to discuss his ideas with them.

When Fang Yi said that he planned to defend Hu Weijun's innocence, Li Feng was very happy, but Mr. Tong frowned. When he consulted a lawyer before, he had heard other lawyers say that it was very difficult to defend Hu Weijun.

"Lawyer Fang, how confident are you in defending your innocence? Don't get me wrong, it's not that I don't believe in your professional ability, it's just that this matter involves my brother's vital interests, so I have to ask more." Mr. Tong's expression Look at Fang Yi seriously.

"Mr. Tong, I have gone to the court to review the case files. I feel that the facts determined by the court of first instance in this case are unclear and the evidence is not very sufficient. Whether it is from the perspective of Hu Weijun's purpose of borrowing money or his ability to repay debts, There is a chance for the verdict to be overturned. This is my personal judgment." Fang Yi said.

After listening to Fang Yi's words, Mr. Tong looked at Li Feng. He knew that Fang Yi would not talk too much to him, because there were many professional issues and terminology that even he and Li Feng could not understand. If you want to continue the entrustment, you must implement it according to the middle-aged lawyer's plan in front of you. The lawyer will not be willing to be led by others.

Seeing Mr. Tong like this, Li Feng was a little confused. Of course she hoped that her husband would be acquitted, but if the court rejected the appeal...

"Mr. Tong, Ms. Li, let me tell you my opinion." Fang Yi cleared his throat and continued: "If you do not plead not guilty and plead guilty instead, I think there are also risks.

Since you have to take risks, why not maximize the benefits? Although I can't guarantee anything to you, I think there is still a chance. You can think about it and let me know as soon as you think about it. "

After speaking, Fang Yi was about to stand up and leave. Just when he was about to take a step, Li Feng slapped his thigh and said in his heart: "Lawyer Fang, I agree with your plan and I will do as you say."

Mr. Tong frowned a few times: Hey! Women love to be impulsive, and it looks like this bitch is going to take a big gamble. They are a family, and no matter how good her relationship with her brother is, she is still an outsider, so let her be.

Sun Zhengyi looked at the text message and saw that 80,000 yuan in legal fees had been received. Adding the previous 20,000 yuan in legal fees, the total was 100,000 yuan. He didn't care whether there were risks in the case, he only cared about the legal fees. According to the agreement, Zhengyi Law Firm can keep 40,000 yuan, and the rest will go to Fang Yi. For Director Sun, this is definitely a considerable amount of income. The key is that he doesn't have to do anything.

After receiving the second legal fee for the Hu Weijun case, Fang Yi called Zhou Shen to explain the situation. Zhou Shen asked Fang Yi about the benefits of Gu Datong's team. After listening to Fang Yi's words, Zhou Shen said nothing. , but from the change in his demeanor before and after, Fang Yi could tell that Zhou Shen disdained the welfare benefits of Gu Datong's team.

The trial period of criminal cases is shorter than that of civil cases. According to Article 208 of the Criminal Procedure Law, "The people's court hearing a public prosecution case shall pronounce a verdict within two months after accepting it, and no more than three months at the latest." Article 243 stipulates that “the people’s court of second instance that accepts appeal and protest cases shall conclude the case within two months.”

Therefore, unless a criminal case is particularly serious and complex, involves irregularities, or involves special circumstances such as the death penalty or incidental civil litigation, in principle, the trial will be very fast.

Hu Weijun's case was not complicated, so the trial started in mid-May. The first instance is heard by the Intermediate Court, and the second instance is heard by the High Court.

At 8:50 in the morning, Fang Yi was sitting in the courtroom. Opposite him were two female prosecutors, and above him were three male judges with serious expressions. Sitting in the middle was the presiding judge, with a square face and big eyes. It's really like the King Kong in the temple.

There were many people sitting in the auditorium below. Except for Mr. Tong, Fang Yi didn't know the rest of them. They were probably creditors. Hu Weijun's daughter-in-law Li Feng did not come to listen, probably because she was afraid of being chased by creditors.

…