Lawyer's character

"If! I mean if, if Mr. Yun files a divorce lawsuit, you must recommend me. I will give you a commission, 50-50! We can also discuss 40-60." Lawyer Ma said seriously.

Fang Yi looked at him and smiled: "I guess you have no chance!" After that, he walked upstairs.

"No chance? Is it because I don't have a chance, or... there is already a lawyer who got there first?" Lawyer Ma stood there and thought.

In the conference room, opposite Fang Yi sat Mr. Yun and a man in his fifties. The man looks very imposing, with a square face, a broad forehead, and a pair of big bright eyes. The clothes he wears are not cheap at first glance.

"Lawyer Fang, this is Mr. Yang. Mr. Yang is the vice president of our tea association and is very famous in the industry." Yunmei introduced.

"Hello, Mr. Yang. I am Fang Yi." Fang Yi stood up and shook hands with Mr. Yang before returning to his seat.

"I'm bringing Mr. Yang here this time. It's mainly because the son of Mr. Yang's family has been in some trouble recently. Let Mr. Yang tell you." Yunmei said.

"Hey! In fact, Mr. Yun also knows about this. Many friends in the circle know about it. There is no need for me to be secretive. My son Yang Xu was arrested by the police for rape.

Mr. Yun told me that you are very professional. You handled many matters in her company before, so I came here today to hear your professional opinions. "Mr. Yang said.

"Can you tell me the specific situation?" Fang Yi said.

"That's right, my son likes to go to bars. Some time ago, my son met a girl in a bar in the city, and they had a good chat.

Later, both of them drank a little too much. The girl accepted my son's invitation and went to a hotel not far away. Young people have strong hormones and are easy to be impulsive... It is understandable that after entering the room, my son wanted to be intimate with the other party, but the other party did not want to. I agreed, and my son didn’t force her any further.

But who knew that after the girl left, she called the police and told the police that my son was going to rape her. As a result, my son was taken away by the police that night. That's all I know. "Mr. Yang said.

"How did you know these contents?" Fang Yi looked at Mr. Yang in confusion.

"I asked a lawyer to meet with me before, and the lawyer told me." Mr. Yang said.

"Has the lawyer applied for bail for your son pending trial?" Fang Yi asked.

"I applied, but the public security department didn't approve it. Then I applied to the procuratorate for bail, but it wasn't approved either. Now the case has reached the court, and I heard it was just transferred there," said Mr. Yang.

"Well, because the information you can provide is limited, there may be information asymmetry. So I can only make predictions based on the information you provided, which may not be accurate." Fang Yi said.

"Yes, I understand. This is my problem." Mr. Yang said.

"According to what you just said, the girl should have followed your son voluntarily in the bar before. The problem is that after entering the hotel room, two situations may occur.

In the first case, your son wants to be intimate with a girl, but she refuses, and your son stops immediately without any further behavior. Generally speaking, this situation is not enough to constitute a crime.

In the second situation, the girl refuses to be affectionate, your son forces herself, and the girl is bullied, but your son later stops the act. In this case, your son constitutes rape, but it is an attempted or aborted rape. Fang Yi thought for a while and said.

"Is there a difference between attempted rape and aborted rape?" Mr. Yang asked.

"An attempted crime refers to a crime that has already been committed but fails to succeed due to reasons beyond the will of the criminal. For attempted criminals, the punishment may be lighter or reduced compared to the completed crime.

Crime cessation means that during the crime process, the criminal voluntarily gives up the crime or automatically and effectively prevents the consequences of the crime from happening.

To put it simply, it depends on the reasons why the criminal failed to succeed. If it is caused by external reasons, it is an attempt. To put it bluntly, the criminal wants to do it, but cannot do it due to objective reasons. For example, someone suddenly comes and scares the criminals away.

If the criminal does not want to do it, he can do nothing. For example, if the criminal voluntarily gives up the crime, the crime will cease. "Fang Yi explained.

Mr. Yang nodded: "Oh! I understand the general meaning. Is there any difference in sentencing between the two?"

He still knew very well what kind of character his son was. He was already in the room. How could he do nothing? is it possible?

"There is definitely a difference. According to the provisions of Articles 23 and 24 of the Criminal Law, attempted offenders may be given a lighter or reduced punishment compared to completed offenders. For suspended offenders, if no damage is caused, they shall be exempted from punishment; Those who cause damage should be given a lighter punishment." Fang Yi said.

"That is to say, if my son did not cause harm to the girl, he can be exempted from punishment and does not need to be sentenced, right?" Mr. Yang wondered whether he should talk to the victim about this matter.

"In principle, this is the case, but it depends on the specific situation. You cannot copy the law." Fang Yi said.

Mr. Yang was upset. He had already planned to hire the previous lawyer. He came here just to consult. But after hearing what Fang Yi said, his thoughts changed. The lawyer previously judged that Mr. Yang's son constituted attempted rape, but now according to Fang Yi, his son may have constituted a suspended crime of rape. Obviously, the penalty for suspended crime is lighter than that of attempted crime.

"Lawyer Fang, I would like to entrust you to meet with my son, then look at the case file, and finally judge whether my son will commit a crime." Mr. Yang thought for a while.

"Okay. But if it's just a meeting, and you were introduced by Mr. Yun, the lawyer's fee is three thousand yuan. But if you still need me to review the papers, the fee will be higher, twenty thousand yuan."

Of course, if you end up entrusting me to defend your son, this fee will be included in the attorney's fees. "Fang Yi said.

If it was just a meeting, Fang Yi's workload would be much less, and the cost would naturally be cheaper. However, if it is necessary to review the papers and issue an analysis report, the workload will increase several times. Of course, the accuracy of the lawyer's analysis of the case will also be much higher. The parties can even find a small lawyer from the roadside and go to court to defend the case with the analysis report. As a result, legal fees will naturally be much higher.

"Well, money is not an issue. Can we sign the agreement today? We need to meet and review the papers." Mr. Yang said.

"Okay, I'll ask my assistant to prepare the documents right away. You two, wait a moment." Fang Yi said.

"I would like to ask again, if I entrust you with this case, how much will the legal fees cost?" Mr. Yang asked.

"You are Mr. Yun's friend. Let me give you a discount. If you entrust me to defend you, the total fee will be 30,000 yuan. If there is a second trial, an additional 20,000 yuan will be added." Fang Yi said.

Originally he wanted 50,000, but with Mr. Yun present, he didn't know what the relationship between Mr. Yun and the other party was. If he asked for more, Mr. Yun would feel unhappy, and Mr. Yun's line might be broken in the future. Fortunately, Mr. Yang's son's case is not complicated, and the legal fees of 30,000 yuan can be paid.

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