Lawyer's character

Later, after passing villagers from several villages near Mopai who had criminal records and misdeeds, the police discovered that Gao Qiang was the most likely suspect. Although he had not been dealt with by the public security organs, he was "well-known" far and wide and had become a stinker on the streets.

The police summoned him back for questioning. Seeing that he looked different, they conducted a DNA comparison and finally arrested him for rape. Later, they found the young widow's gold ring in his home. It was estimated that the gold ring was worth one thousand Two hundreds.

"Gao Qiang, do you know what charges the procuratorate has charged you with?" Fang Yi asked.

"I know, people from the Procuratorate told me some time ago that there are rape and robbery charges." Gao Qiang lowered his head and said.

"Do you have any objection to this charge?" Fang Yi asked.

"No. Lawyer Fang, will I be sentenced to death?" Gao Qiang's eyes flashed with fear.

"According to the provisions of Article 236 of the Criminal Law, whoever rapes a woman or a young girl, resulting in the death of the victim, shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death... I am afraid that the final outcome of your case will not be optimistic.

I will go to the court tomorrow to review the case file. After reading the case file, I will formulate a defense plan. "Fang Yi said.

Fang Yi knew very well that there was no lenient punishment in Gao Qiang's case, and he could not get the understanding of the defendant's family. There was a high probability that he would be sentenced to death, but it was too early to draw a conclusion now.

After leaving the detention center, Fang Yi received a call from Li Bin on his way back to the law firm. The case of Shengfeng Group was now in the hands of Cao Xiaoxue of the Procuratorate. Li Bin asked him to talk to Cao Xiaoxue about recovering the stolen goods.

After hanging up the phone, Fang Yi took out Cao Xiaoxue's phone number and dialed it. After a few beeps, Cao Xiaoxue answered the call. After explaining her purpose, Cao Xiaoxue asked Fang Yi to communicate with her at the procuratorate at three o'clock in the afternoon.

When he returned to the law firm, he happened to catch up with Xie Youhe going out for dinner, so he took Fang Yi with him to his usual fast food restaurant.

"How about meeting in the morning?" After ordering the meal, Xie Youhe looked at Fang Yi opposite.

"I guess it's quite embarrassing. I'll go to the court tomorrow to review the case." Fang Yi is reluctant to talk too much about the case in public.

Xie Youhe nodded: "It's probably similar to what I've deduced. There is a seminar on major criminal cases in the office in the afternoon. I heard that people from the Lawyers Association will come over. Do you want to attend?"

"I have to go to the procuratorate in the afternoon to discuss the case, so I may not be able to make it in time." Fang Yi said with a smile.

"Well, it's okay if you don't go. They're all empty talk and useless." Xie Youhe said in a low voice.

"How is your son? Is he still in the city?" Fang Yi asked.

"No, I was sent to the capital. I will work as a Western chef there." Xie Youhe said.

"You don't have to worry about your work, and you don't have to worry about your wife. You've got it right. Now you just have to wait for your son to get married and have grandsons?!" Fang Yi said with a smile.

"Hey! Young people are under a lot of pressure nowadays. To marry a wife, you must have a house. A house can kill you!" Xie Youhe sighed.

"Don't you have a house at home? Why are you so worried?" Fang Yi asked confused.

"It's not what you said. My family only has a large three-bedroom house. If I buy a house in this city, I won't have much pressure. I can borrow some money from the bank. Our salary plus pension will be enough to repay the loan. The quality of daily life will be improved." Not surrender.

Now my son has gone to Beijing, where housing prices are extremely high, costing tens of thousands per square meter. To buy an apartment, we have to become tenants and work in a bank every day and every year. Life is all about living! Do you think I can stop worrying? ! "Xie Youhe said helplessly.

"There are many things that we cannot predict or control. Maybe your son's foreign wife does not want a house in the capital, but brings her own dowry and gives you a castle to live in." Fang Yi said with a smile.

"With your kind words, I hope they will settle abroad, so that we, as a couple, have less to worry about. We don't have to be house slaves, and we don't have to worry about my grandson's school district housing." Xie Youhe sighed.

In the afternoon, Fang Yi went to the County Procuratorate. He was received by not only Cao Xiaoxue but also her master, the middle-aged female prosecutor whom she had met before - Inspector Li.

"Lawyer Fang, I won't beat you around the bush. After the case was transferred, my master Li Bin communicated with us about recovering the stolen money. I also saw the case you submitted to the public security department.

Since you came to me on behalf of Shengfeng Group to discuss recovering the stolen money, my teacher and I also discussed it and felt that the key to this matter lies in the characterization of the reward money, whether it is a gift or a transaction. This characterization will directly affect whether we recover the stolen money. "Cao Xiaoxue said coldly, with a cold light still shining in her beautiful big eyes.

"Lawyer Fang, we want to hear Shengfeng Group's opinion." Prosecutor Li smiled.

"Well, thank you both for taking the precious time to communicate with me about the recovery of stolen money. According to Article 64 of the Criminal Law, all property illegally obtained by criminals must be recovered or ordered to be refunded.

Article 11 of the "Several Provisions of the Supreme People's Court on the Partial Enforcement of Criminal Judgments Involving Property" stipulates that if the person subject to execution gives the property involved in the case that the criminal judgment has identified as stolen property to a third party for free or at a price significantly lower than the market price, The People's Court shall recover the amount.

In my opinion, there is no agreement to purchase services between the criminal suspect and the anchor. The reward should be regarded as a gift, and all the rewards received by the anchor should be recovered in full. "Fang Yi said.

Although there are differences between the theoretical and practical circles on whether reward behavior is a gift or a transaction, for Fang Yi, he will use whichever theory is conducive to maximizing the interests of Shengfeng Group. Only after persuading the procuratorate can the procuratorate further communicate with the court about the recovery of stolen goods.

"I don't think so. According to the live broadcast business model, the criminal suspect's reward behavior is a transaction between him and the online anchor. The criminal suspect's reward is to allow the anchor to perform for him and gain spiritual pleasure. In essence, The relationship between the above two parties is between service and being served, not a gift.

Although the suspect used illegal proceeds, that is, stolen money, for the purpose of protecting the order of transactions, the reward money should not be included in the scope of recovery. "Cao Xiaoxue objected.

Yo ho! After three days, I looked at her with admiration. This girl was very capable, and it seemed like she couldn't convince these two without any effort.

"Well..., I don't agree with your statement. Even if the reward behavior between the criminal suspect and the anchor goes beyond the scope of gift and is a consumption behavior, the money used by the criminal perpetrator is illegal income. To put it bluntly, it is stolen money. .

I think that if the reward money is the criminal suspect’s legitimate income, then whatever reward he gives will belong to his consumption, and there will be no situation where the contract is invalid or revoked. However, the criminal suspect used stolen money. According to the "Criminal Law" The above provisions should be recalled. "Fang Yi argued.