Lawyer's character

Li Mingbo really couldn't stand it. Although he had committed a crime, although his professional ability was limited, and although he was young, he had a bottom line. He was not like Director Sun and Zhao Zhongcheng who deceived customers. Just after Liu Qiaoling went out and walked away, he chased her with an excuse. Go out and tell her that Fang Yi has transferred to Jinshi Law Firm, and ask her to go to Jinshi Law Firm to find Fang Yi.

In this way, Liu Qiaoling found Fang Yi's information and team's contact information on the website of Jinshi Law Firm, and made an appointment for a consultation.

Because she had seen Fang Yi's photo on the law firm's website before, Liu Qiaoling recognized Fang Yi at a glance when he walked into the conference room.

After hearing what Liu Qiaoling said, Xie Youhe couldn't help but glance at Fang Yi next to him. He didn't expect that this guy was so well-known and his fans were so sticky!

"Lawyer Fang, Lawyer Xie, the bank is collecting debts all day long. I just want to get my car back to pay off the debt. I really didn't think much about it. My case..." Liu Qiaoling frowned, worried and regretful.

Xie Youhe looked at Fang Yi, his meaning was obvious: I'm here for you, I'll leave it to you.

"Ms. Liu, don't worry. I personally think that although the vehicle involved can be the target of theft, it does not mean that the perpetrator, that is, your behavior must constitute the crime of theft." Fang Yi thought for a while and said.

"Oh? You mean..."

After hearing what Fang Yi said, Liu Qiaoling's eyes full of worry and helplessness immediately brightened up. It's like a drowning person who suddenly catches a piece of wood floating on the water and suddenly has hope of living.

"Let me ask, what is the condition of the impounded car now?" Fang Yi asked.

"The police said that this car is the legal property of my family. It was returned to me a few days ago and the formal procedures were completed," Liu Qiaoling said.

"Well, Ms. Liu, you used illegal means to retrieve your vehicle that was seized by the public security organs in accordance with the law. I think it does not constitute the crime of theft. The main reason is that your subjective purpose is not for illegal possession."

After finishing speaking, Fang Yi saw that Liu Qiaoling wanted to speak, and continued: "Don't be impatient. I'll explain it to you and you'll understand.

First of all, it is true that after the public security organ seized the vehicle involved in the case in accordance with the law, the bank urged you to repay the loan and was also preparing to sue you. I don’t think you need to say this, the public security organ will also investigate.

So the direct purpose of driving away the vehicle involved in the case was to repay the debt with property and return the bank loan, rather than illegally possessing the vehicle, right? "

"Yes, I drove the car out to repay the bank loan. When the police and people from the procuratorate asked me, I said the same thing. People from the bank can testify." Liu Qiaoling said excitedly.

"Drink some water, don't be impatient. Listen to me.

Secondly, the time from the incident to your arrest was very short, and you did not make any claim to the public security organs. The procuratorate probably has no other evidence to prove that you had the purpose of illegal possession. Of course, this can only be determined after reviewing the files.

Moreover, the vehicle involved has been recovered by you in accordance with the law, proving that the vehicle is indeed the legal property of your family. Therefore, I think your behavior does not constitute the crime of theft. "Fang Yi said.

Liu Qiaoling nodded, feeling much more at ease.

"Lawyer Fang, I have seen the cases you handled, and many of them were innocent defenses. According to you, I am not guilty of theft. If I entrust you with this case, what are the chances of winning?" Liu Qiaoling pondered for a moment.

"You have little chance of winning this case!" Fang Yi shook his head.

After listening to Fang Yi's words, Liu Qiaoling was stunned, as if a basin of cold water had been poured on her for three-nine days. Her heart felt cold, and the fire of hope in her heart was extinguished.

"Why... why? Didn't you just say that I am not guilty of theft? Why is there little chance of winning?"

She blinked her eyes twice and thought to herself: She gave me full of hope before, but now she has destroyed my hope with her own hands. What about fun? !

Xie Youhe on the side did not speak. He habitually picked up the disposable paper cup on the table and drank water. Although he already had a judgment in his mind, he couldn't say it. Fang Yi had to say this and couldn't steal the words.

"According to what you just said, although your behavior does not constitute the crime of theft, it may constitute the crime of illegal disposal of seized property." Fang Yidao.

"Illegal disposal of seized property? What do you mean? The police have returned the car to me!" Liu Qiaoling said in confusion.

"You will understand after you listen to my explanation.

First, objectively, you drove away the vehicle that was seized by the public security organs in accordance with the law and was later seized by the public security organs. Objectively, your behavior has affected the normal litigation activities of the judicial organs.

Second, subjectively, after the public security organ impounded the vehicle involved in the case in accordance with the law, you went to the parking lot of the public security organ and saw your car, which shows that you already knew that the vehicle had been impounded in accordance with the law.

Third, the vehicle you transferred is property seized by the public security organs in accordance with the law. It has special characteristics and meets the characteristics of the crime of illegal disposal of seized property.

In summary, although your behavior does not directly infringe on the ownership relationship between public and private property, it does infringe upon the normal management order of the judicial authorities and constitutes the crime of illegal disposal of seized property.

Do you understand? "After speaking, Fang Yi looked at Liu Qiaoling.

"Then...how long will the sentence be for this crime?" Liu Qiaoling asked hesitantly.

“The crime of illegally disposing of seized property carries lighter penalties than the crime of theft, and is generally punishable by up to three years in prison, short-term detention, or a fine.

If it is the crime of theft, according to Article 1 of the "Interpretations on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" by the Supreme People's Court and the Supreme People's Procuratorate, those who steal public or private property worth more than 30,000 yuan to 100,000 yuan shall be deemed as The "huge amount" stipulated in Article 264 of the Criminal Law.

According to the provisions of Article 264 of the Criminal Law, if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

One is for less than three years, with the possibility of a suspended sentence, and the other is for three to ten years in prison. This is the most substantial difference. "Fang Yi said.

"Is it possible that the court will not recognize the crime of theft and find me not guilty?" Liu Qiaoling felt a trace of luck in her heart.

"This possibility is very slim. Even if the court does not recognize the prosecution charges of the procuratorate, it will pronounce the sentence according to the charges they identified, so the chance of acquittal is low. Of course, after the verdict, it is not ruled out that the procuratorate will be dissatisfied with the verdict and file a protest with the court. ." Fang Yi said.

Liu Qiaoling didn't speak anymore. She had been weighing the pros and cons. A lawyer had mentioned the crime of illegal disposal of seized property to her before, but the lawyer believed that her behavior was a combination of the crime of theft and the crime of illegal disposal of seized property, that is, It is said that the same criminal act violates two crimes, and one of the felonies should be treated as the crime of theft. After listening to Fang Yi's explanation today, she felt that she should try it.