Lawyer's character

"What are you looking at? Hurry up and drive." Wan Kefa pretended to glare at him fiercely.

"My car is not here." Fang Yi said with a grimace.

"Where's the car? Don't you have a car from the plaster flag country?" Wan Kefa asked with a puzzled look.

"The parking fee here is too expensive, so I parked my car in the brilliant underground parking lot. It's not far anyway, just a few steps away." Fang Yi said with an awkward smile.

When Wan Kefa heard this, he pursed his lips and shook his head. After pondering for a long time, he pointed at Fang Yi and said: "Lawyer Fang, you are really good at it. You can save the parking fee of 800 yuan a month. You are really stingy. "

"There's no other way. It's good to save money in a small business. Eight hundred yuan is enough for my lunch for a month. I can buy a few more red plums with the rest. Besides, I don't always drive..." Fang Yi Hehehe said with a smile.

"Stop talking nonsense, hurry up and take a taxi." Wan Kefa saw Fang Yi snorting coldly. He didn't want to walk more than twenty minutes to take a bath in Glory.

I don't know what kind of Chinese medicine was put in the bathtub of the brilliant VIP bathroom. It smelled very comfortable. The mist on the surface of the pool water slowly rose. Wan Kefa lay in the pool and breathed calmly, looking like he was enjoying it.

Fang Yi leaned against the wall of the pool, closing his eyes slightly, recalling the details of Zhao Yun's obstruction of testimony case, analyzing the case, and thinking about how to formulate a defense plan if the Zhao family entrusted him with this case.

"Xiao Fang, what are you thinking about? It's like the old monk is in trance." Wan Kefa glanced at Fang Yi, then sat up and washed his face with the pool water. Seeing him frowning from time to time with his eyes closed, he asked.

"It's okay. I was thinking about the criminal case I met with this morning. There are many legal points. I think if I break them down and analyze them, sometimes the results may be better and more thorough." Fang Yi said.

"I have some experience. You can think of legal issues even after taking a bath. Otherwise, everyone would say that you have solid professional skills. Relationships are all created by taking a bath, haha..." Wan Kefa joked.

Fang Yi smiled: "Over the years, I suddenly discovered that I have forgotten many things I learned in school, and I am more and more interested in studying jurisprudence. I want to trace everything back to its source. I feel that jurisprudence is the most practical subject. But back then, When I was in college, I found the legal principles too boring and didn't study it seriously.

You have been practicing law for so many years, how do you evaluate the law profession? "

“I remember a big shot in the industry once said that the law major requires you to memorize the thickest books, take the most difficult exams, endure the lowest first-time employment rate, and more importantly, it will make you mentally reborn.

Law is a job for adults. It will destroy your naive childhood and your civilian mentality, allowing you to face evil and completely understand the meaning of justice.

And I hope that deep down in the hearts of lawyers, apart from money, status, beautiful women, luxury cars, and villas, they can leave some room for conscience! Everything will go your way, but please don't violate your conscience. "Wan Kefa thought for a while and said.

Fang Yi nodded after listening.

"Oh, it's almost one o'clock. I have to go back to the hospital. If it's too late, I'll be discovered." Wan Kefa glanced at the mobile phone placed aside, hurriedly got out of the bath to rinse, and then said hello to Fang Yi. , went to the locker room.

Li Shuming was no longer brilliant. Drinking alone was boring. After Fang Yi drank for a while, he went back to his residence.

At ten o'clock the next morning, Zhao Fengxiang came to the law firm.

"Lawyer Fang, listening to your analysis just now, our Zhao Yun must have committed a crime. It's just a matter of sentencing?" Zhao Fengxiang's eyes were full of worry.

"Yes, judging from the current case file materials and interviews, your son Zhao Yun is most likely guilty of obstructing testimony." Fang Yi nodded.

"Lawyer Fang, in the past few days, I have consulted with several lawyers who are good at criminal cases. They said that there is a trend in judicial practice. If criminal suspects implement false lawsuits in order to illegally occupy other people's property, it is possible that they will It constitutes the crime of fraud. And it is said that this view is increasingly recognized by the theoretical and practical circles.

Do you think my son's case would constitute fraud? "Zhao Fengxiang's eyes became increasingly worried and nervous.

Zhao Fengxiang’s concerns are justified. The crime of fraud is a felony. Based on the amount involved (the amount exceeding the actual loan amount: 49,000 yuan), if it constitutes a crime of fraud, Zhao Yun will face a fixed-term imprisonment of not less than three years but not more than ten years; If it constitutes the crime of obstructing testimony, Zhao Yun will be sentenced to fixed-term imprisonment of not more than three years or criminal detention; only if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Zhao Fengxiang definitely doesn’t want his son to be guilty of fraud!

“At present, the situation you mentioned does exist in judicial practice, and both the theoretical and practical circles agree with this point of view.

In judicial practice, many courts have broken through the boundary of "the victim must be caught in a misunderstanding and voluntarily surrendered", and believe that illegal possession of other people's property and implementation of false litigation, which simultaneously constitutes the crime of obstructing testimony and the crime of fraud, should be treated according to the principle of one felony The sentence is to be punished according to the crime of fraud.

If the perpetrator has legitimate reasons for participating in the lawsuit and just wants to take advantage of others in relation to the legitimate subject of the lawsuit, he will generally not be punished with fraud.

However, if the legal property of others that is intended to be illegally possessed accounts for too high a proportion of the entire subject matter of the lawsuit, the nature will change. The court will most likely convict and punish the crime of fraud. Of course, courts across the country have different standards, and it is difficult to quantify this. specific ratio.

Let’s look back at your son’s case. Wei Saner originally owed Zhao Yun nearly 200,000 yuan, but only 49,000 yuan was increased through false litigation. In view of the fact that in civil lawsuits, losses are often exaggerated and the subject of litigation is increased, Therefore, I think there is a high probability that your son Zhao Yun’s case will not be treated as a crime of fraud.

Moreover, when I went to the procuratorate to review the case, the prosecutor in charge of the case did not express any intention in this regard. It is possible that the prosecutor did not consider this aspect at all. "Fang Yi explained.

"Well, I feel much more at ease when you say that. You explained it in detail. The lawyers before just said that and couldn't explain it in such detail. You are still awesome!" Zhao Fengxiang said "convinced" in capital letters.

"You're flattered!" Fang Yi said modestly.

Fang Yi thought in his mind: Let's talk and laugh, but the lawyer's fees will not be discounted just because you praise me.

"Lawyer Fang, I still have a question in my mind." Zhao Fengxiang said.

"What's the question? Tell me." Fang Yi said.

"Look, according to you, my son Zhao Yun may be guilty of obstructing testimony, and Wei Saner, his co-accused, may be guilty of helping to fabricate evidence and credit card fraud.

I went back and specifically read Article 307 of the Criminal Law. The first paragraph of this article stipulates the crime of obstructing testimony, and the second paragraph stipulates the crime of assisting in the destruction or fabrication of evidence. The two crimes have different criminal compositions. , not to mention the crime of credit card fraud, which is not covered by the same legal provisions as the previous two crimes. My son Zhao Yun and Wei Saner should not be considered as joint criminals.

Doesn't joint crime require that two people must commit the same crime? If two people commit different crimes, can they establish a joint crime? " Zhao Fengxiang said doubtfully.