Lawyer's character

After returning to the hotel in the evening, Ma Yi pulled Lao Huang into Fang Yi's room and began "tortured" him.

"Old Huang, tell me honestly, was it you who arranged the crying scene?" Ma Yi asked, staring at Huang Yuanchao.

"Of course, that's my wife's cousin..." Huang Yuanchao said harshly, but there was a hint of cunning in his eyes.

"Don't talk about that useless cousin. I don't know if others believe it or not, but I don't believe it anyway. To be honest." Ma Yi refused to listen to him and continued to press.

"Okay! I admit, I arranged the people." Huang Yuanchao smiled and said: "Other law firms have people and efforts. We came late and did not have an advantage, so I came up with this idea. This If you want to make money this year, it’s okay if you don’t use some tricks!”

"Well, what Lao Huang said is true. Honest people can't make money these days. Lao Huang, didn't you spend a lot of money on hiring this crying guy?" Fang Yi said.

"That's for sure!" Huang Yuan said.

"Don't gnaw, your butt is so dirty! If you gnaw, you won't be afraid of biting a mouthful of shit, you name it!" Ma Yi joked.

"I didn't let the crying worker hired by the Han family before, and gave her double the amount of money. Later, I hired this person who was very famous in the local area. She has been doing it for more than ten years. I paid more than 5,000 yuan to hire her. Moving, plus the money for food, drink and hotel accommodation. For the two crying workers, the total cost was more than 10,000 yuan." Huang Yuanchao said distressedly.

"How was the effect? ​​Did Mr. Han spit?" Fang Yi asked.

"After we finished eating, Mr. Han stopped me. What did he say to me?" Huang Yuanchao said mysteriously.

"What did you say? You are not asked to print out, sign and seal the contract now, are you?" Ma Yi said with wide eyes.

"Tch! He gave me the money to hire someone, but I didn't ask for it. Later, he asked me to wait for his call." Huang Yuanchao said proudly.

"That doesn't mean it's a big deal! Everything we need to do has been done, and we can go back in a down-to-earth manner." Fang Yi let out a sigh of relief after hearing this. Finally this trip was not in vain.

Early the next morning, the three of them took a taxi to the train station and boarded the train back with a relaxed look on their faces.

It was almost September, and school was about to start. Fang Anzhi had spent the summer, and it was time to calm down. Fang Yi drove back to his hometown and took his son Fang Anzhi back to the city.

Recently, the company has been demolishing the east wall to make up for the west wall. Cao Xiaohui has been on tenterhooks all day long. She can't eat well and sleep well. She has lost a lot of weight. In the company, she still has to hold on and smile. When asked by old customers or colleagues, she can only say that she has lost weight recently. When asked about the secret to losing weight, she could only smile: keep it secret!

In fact, she doesn't have any secret recipe for losing weight, it's just that she is so worried that she has lost her appetite and can't eat!

Fang Yi saw that she was thin and not in good spirits. He wanted to ask her how she was doing, but seeing the cold and arrogant look on her face, he finally did not speak. Since we have already embarked on two different paths, why bother each other?

On this day, Fang Yi stared at the business group, and finally received a second-instance criminal case on the penultimate day of the month. This was a robbery case with a lawyer's fee of 20,000 yuan.

The next morning, at 9:30, the father of Shen Hu, the defendant in the robbery case, came to Wanhua United Law Firm.

When Fang Yi walked into the conference room, a short-built, round-faced man in his forties was sitting inside, his hands crossed on the table, his eyes a little dazed, not knowing what he was thinking.

"Hello, I am lawyer Fang Yi. I will handle your son's case." Fang Yi walked into the conference room and said after sitting down.

"Hello, Lawyer Fang. My name is Shen Guilin, and I am Shen Hu's father." Shen Guilin stood up and shook hands with Fang Yi.

"Mr. Shen, I have read the records of previous cases. The recorded case conditions are not very clear. Do you know the details of the case?" Fang Yi asked.

“I really don’t know the details. I was at work at the time, and the public security department called me and said that my son had been arrested for robbery.

Later, I asked a lawyer to meet with me. The lawyer told me that my son was caught stealing electric vehicle batteries in the parking lot next to the train station.

Later, the court convicted my son of robbery, sentenced him to three years in prison, and fined him 3,000 yuan. I think the punishment is too harsh.

An electric bicycle battery only costs over 100 yuan, and I have already compensated the victim! Why is the sentence so severe? "Shen Guilin said with a look of helplessness.

"How do you know the electric bicycle battery is worth more than 100 yuan?" Fang Yi asked.

"I heard from the lawyer that the price was confirmed by the public security department." Shen Guilin said.

"How come your son stole the electric bicycle battery and was charged with robbery?" Fang Yi asked.

"According to the lawyer, my son was discovered by the security guard while stealing the battery. Then my son beat the security guard and was caught by the patrolling police while escaping," Shen Guilin explained.

"Well, I understand. Your son is guilty of robbery converted from theft. According to what you just said, an electric bicycle battery costs more than 100 yuan. If there is no incident of beating up the security guard behind him, I'm afraid he will be detained for a few days and then he will be released. Yes, it probably won't constitute a crime." Fang Yi said.

"Converting the crime of robbery? What do you mean? Just because you hit the security guard, does it constitute a crime of robbery?" Shen Guilin asked doubtfully.

"Let me explain to you, according to the provisions of Article 264 of the Criminal Law, in general, theft of public or private property only constitutes a crime of theft if the amount is relatively large.

According to the provisions of Article 1 of 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), the starting point for "larger amounts" of theft It ranges from NT$1,000 to NT$3,000.

In other words, only when the amount of theft or the value of the property exceeds one thousand yuan, the crime of theft is constituted. If your son did not injure the security guard, it would not be considered a crime of theft at all, because the value of the stolen electric vehicle battery is relatively low and does not meet the standards for filing a case. "Fang Yi explained.

"Then... my son didn't even beat the security guard. It is said that he was only slightly injured. How did it turn into a robbery?" Shen Guilin asked.

"According to the provisions of Article 5 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery" (Fafa [2005] No. 8, commonly known as the 'Two Robbery Opinions'), the perpetrator commits theft, fraud, and robbery If the amount does not reach a "large amount", if violence is used on the spot to hide stolen goods, resist arrest or destroy criminal evidence, causing minor injuries or more, he may be convicted and punished for the crime of robbery in accordance with the provisions of Article 269 of the Criminal Law .

You just said that the security guard beaten by your son was slightly injured, so Shen Hu was converted from theft to robbery. "Fang Yi explained.

"If according to your statement, my son Shen Hu must have committed robbery, then is there any hope for this case?" Shen Guilin asked nervously.