Lawyer's character

After saying that, Prosecutor Gao turned around and walked into the door of the procuratorate with the lawyer's opinion submitted by Fang Yi. The other party's meaning is very clear. Your lawyer is not professional enough and should go back to practice again. I don't have time to talk to you. Fang Yi stood there. Although he was angry, he had no choice but to shake his head helplessly.

There is no way, he is a member of the system, and he is just a lawyer who files lawsuits for others, so his status is not equal. You can only take comfort pills for yourself and wait, I will let you know what a lawyer is in court.

The next morning, when the scorching sunlight shone through the wide and bright glass into the conference room of Wanhua United Law Firm, the air-conditioning in the conference room rushed over, causing a stalemate.

In the conference room, Fang Yi told Peng Huayan across from him about his trip to Lu Province.

"Lawyer Fang, what do you think of my brother's case?" Peng Huayan's eyes flashed with concern.

"Judging from the existing case files and interviews, I think your brother Peng Huanan committed a crime, but it does not constitute the crime of theft as charged by the procuratorate, but may constitute the crime of job embezzlement." Fang Yidao.

"Is there any difference between these two charges? I mean between these two charges, which one will be sentenced more severely and which one will be sentenced lighter?

Lawyer Fang, if my brother has indeed committed a crime, I am actually more concerned about how many years my brother will be sentenced to than the crime. "Peng Huayan told Fang Yi her true thoughts.

“According to the provisions of Article 264 of the Criminal Law, whoever steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance. , shall be concurrently or solely fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life. imprisonment, and a fine or confiscation of property.

According to the provisions of Article 271 on the crime of official embezzlement, if a person of a company, enterprise or other unit takes advantage of his or her position to illegally appropriate the unit's property for himself, and the amount is relatively large, he shall be sentenced to a fixed-term imprisonment of not more than five years. Imprisonment or criminal detention; if the amount is huge, the person shall be sentenced to fixed-term imprisonment of more than five years, and may also be subject to confiscation of property..." Fang Yi said.

(The above-mentioned Article 271 is the "Criminal Law" that came into effect on November 1, 2015. The currently effective "Criminal Law" has revised Article 271 to: staff of companies, enterprises or other units , who takes advantage of his position to illegally take possession of the unit's property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined. A fine; if the amount is particularly huge, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.)

"Lawyer Fang, what you just said confused me. The crime of embezzlement is divided into more than five years and less than five years, and the crime of theft is divided into three levels. How should it be applied?" Before Fang Yi finished speaking, Peng Huayan looked at it in confusion. Xiang Fang Yi said.

"You will understand after I explain it to you.

According to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" (effective from April 4, 2013), Article 1 Theft of public and private property worth one thousand yuan to more than three thousand yuan, thirty thousand yuan If the amount exceeds 100,000 yuan, and if the amount exceeds 300,000 yuan to 500,000 yuan, it shall be deemed as 'relatively large amount', 'huge amount' or 'especially huge amount' as stipulated in Article 264 of the Criminal Law respectively.

According to Article 2 of the "Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Handling Criminal Cases Violating the Company Law, Accepting Bribery, Embezzlement, and Misappropriation" (Fa Fa [1995] No. 23, invalidated in 2013), embezzlement of a company, If the company's property is more than 5,000 yuan to 20,000 yuan, it is classified as "large amount"; if the company or enterprise property is more than 100,000 yuan, it is classified as "huge amount".

Although Interpretation No. 23 was abolished in January 2013, it still has reference value in judicial practice until a new judicial interpretation is issued.

Your brother has stolen company property worth more than 53,800 yuan. If he is sentenced according to the crime of theft, based on the local economic situation, the amount of property stolen by your brother will most likely be considered a "huge amount" and he will be punished. The court sentenced him to fixed-term imprisonment of not less than three years but not more than ten years, and also imposed a fine. The judge has discretion in determining the specific number of years in prison, and the situation is not optimistic.

If the sentence is based on the crime of occupational embezzlement, based on the value of the company property stolen by your brother being "a relatively large amount", he should be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Comparatively speaking, for the same crime amount, the crime of official embezzlement will be sentenced much lighter than the crime of theft, and the prison term will be much shorter. "Fang Yi explained.

(In March 2016, the Supreme People's Court and the Supreme People's Procuratorate adopted the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery", which came into effect on April 18, 2016.

Article 1 of the Interpretation stipulates that if the amount of corruption or bribery is more than 30,000 yuan and less than 200,000 yuan, it shall be deemed as a "relative amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and sentenced to three years in accordance with the law. The following persons shall be sentenced to fixed-term imprisonment or criminal detention, and shall also be fined.

Article 11 of the Interpretation stipulates that among the crimes of bribery of non-state personnel stipulated in Article 163 of the Criminal Law and the crime of embezzlement of duties stipulated in Article 271 of the Criminal Law, "a relatively large amount" or "a huge amount" The starting point for the amount shall be two times or five times the amount standards stipulated in this Interpretation for the crime of bribery and corruption.

This judicial interpretation reconfirms the sentencing amount for the crime of official embezzlement)

Peng Huayan is not only beautiful, but also has a very good mind. On one hand, if the amount is huge, he will be sentenced to fixed-term imprisonment of three to ten years; on the other hand, if the amount is relatively large, he will be sentenced to fixed-term imprisonment of less than five years. She already understood what Fang Yi meant.

"Lawyer Fang, how confident are you about my brother's case?" Peng Huayan asked.

"Fifty percent!" Fang Yi said. He didn't dare to talk too much. Anything could happen during the trial.

"Well, I'll leave my brother's case to you." Peng Huayan said.

After sending Peng Huayan away, Fang Yi went downstairs and returned to his work station. At this moment, Qian Wen ran over.

"Lawyer Fang, I contacted Xiao Wang's daughter, but the other party didn't want to see Xiao Wang. She said she would never forgive him in her lifetime." Qian Wen frowned.

"Hey! She can't see her even if she wants to. The case hasn't been decided yet. She can only see the lawyer, but the family members can't see anyone. In this way, you told his daughter that Xiao Wang will most likely be sentenced to death. Do you want to see her father? In the last meeting, let her make her own decision. Ask her for an address, and after the verdict comes out, you can mail it to her," Fang Yi said.