Lawyer's character

“Rewarding for live streaming is a consumption behavior. Although the money used by the criminal suspect in the reward is stolen money, it cannot be denied that his behavior is still a civil act, so I think the bona fide acquisition system can be applied to this case.

Although at present, our country's laws and regulations do not clearly stipulate whether the bona fide acquisition system applies to stolen money, according to Article 11 of the "Several Provisions of the Supreme People's Court on the Partial Execution of Property Involved in Criminal Judgments", if a third party acquires the property involved in the case in good faith, , no recovery will be made during the execution procedure. In other words, the good faith acquisition system can be used in the process of recovering stolen money. "Inspector Li said.

"Well... what you said makes sense, and it seems to make sense in legal terms, but there is one thing you may have overlooked. Article 11 of the "Several Provisions of the Supreme People's Court on the Partial Execution of Property Involved in Criminal Judgments" stipulates that the execution If the property involved in the case is given to a third party for free or at a price that is significantly lower than the market price, the people's court shall recover it.

In other words, although the good-faith acquisition system can be used in the process of recovering stolen money, good-faith acquisition requires that the service corresponds to the price and the transaction is reasonable and fair. However, the reward amount in this case is huge and obviously does not fall within the scope of reasonable transactions. "Fang Yi thought: "Thanks for being prepared before, otherwise I would have been fooled by you."

Cao Xiaoxue and Inspector Li looked at each other, their eyes gleaming as if they had thought of something.

"Lawyer Fang, what you are saying is that the criminal suspect's use of stolen money to reward services is inconsistent with its value." Prosecutor Li said.

"Yes, since it is consumption, there must be a price. To put it more vulgarly, two girls in their 18s and 19s can be worth more than 8 million by dancing twice in the live broadcast room and singing two songs? She dances every day. Last year, breaking my leg was not worth the price!

What's more, they are not celebrities or national-level dancers. Not worth it at all! "Fang Yi said.

Fang Yizhen wants to say how much compensation is required for a person to die nowadays. Can dancing and singing be worth so much? But he felt that comparing the value of life with the live broadcast was too high for the live broadcast, so he didn't say anything.

"Well, your statement is not unreasonable, but their services also have a certain value, which cannot be denied. If they are fully recovered, it will definitely infringe the rights and interests of the live broadcast company and the anchor, but for the part that clearly exceeds the value of the service, The bona fide acquisition system does not need to be applied, and we can recover it." Prosecutor Li nodded.

OK, although I can't get all the stolen money back, I can at least get part of it back, and the lawyer's fees have been paid. Fang Yi felt a lot more at ease.

"Lawyer Fang, please submit a written lawyer's opinion and we will report it to the leader." Inspector Li said.

"If the higher-ups approve it, can you two go to the live broadcast company with me? I'd like to talk to them." Fang Yi tentatively asked.

Prosecutor Li smiled and said: "I'm afraid this won't work, but our procuratorate has the obligation to recover the losses of the victim unit. If the procuratorate agrees with our opinion, to be cautious, we will first freeze the amount involved in the bank account of the live broadcast company until the court makes a decision. Later, the victim was returned.

However, the reasonable consideration for the live broadcast service cannot be determined at present, and it is not clear how the court will decide. If you two have reached an agreement, you can also submit written opinions to us. We can use it as a reference to recommend the amount of refund to the court. "

Prosecutor Li made it clear that although we cannot give you Fang Yihu a chance to show off his power, if the procuratorate believes that the reward is stolen money that should be recovered, the procuratorate can freeze all the money first and wait for the court's decision before returning it. If the live broadcast company and Shengfeng The group reached consensus and the procuratorate will respect the opinions of both parties.

"Thank you, thank you both for your strong support. On behalf of Shengfeng Group, I would like to thank you both." Fang Yi said excitedly.

"After approval from the higher-ups, I'll ask Xiaoxue to call you." Inspector Li smiled.

If this case can be solved smoothly, Inspector Li and Cao Xiaoxue will have a bright face, and they will save economic losses for important enterprises in the county. It will be written into the work summary at the end of the year, which will definitely be a highlight.

After Fang Yi left, Cao Xiaoxue breathed a sigh of relief: "Master, your method is better. Now the problem is solved."

"There is no way. We are so busy that we have no time to study this issue or that issue. Therefore, it is a good solution to directly throw the issues raised above to the lawyer of Shengfeng Group. Since he wants to earn legal fees, he has to Take some effort.

However, Lawyer Fang is indeed very professional and has a good brain. His original intention was to get all the reward money back, but when he realized it was impossible, he quickly changed his direction and asked for more than the service consideration.

I'm sure he had thought about it before he came. If he can fool us, he will pay us in full. If he can't fool us, he will act accordingly. "Inspector Li smiled.

"If you put it that way, Lawyer Fang looks loyal and honest on the surface, but in fact... it's not that simple!" Cao Xiaoxue said in surprise with wide eyes.

"It goes without saying that once you get in touch with more lawyers, you will understand that a simple-minded person cannot become a lawyer, let alone make money." Inspector Li smiled.

Early the next morning, Fang Yi handed over the lawyer's opinions to the procuratorate, and the rest was up to the procuratorate. After Fang Yi came back from the county procuratorate, he told Sister Lan the relevant situation, and Sister Lan was in a good mood.

A few days later, the procuratorate froze the corresponding funds in the bank account on the grounds that the live broadcast company had received illegal rewards related to criminal cases. Because the frozen amount was relatively large, the total funds in the live broadcast company's bank account were only over 10 million. Yuan, 800,900,000 yuan was suddenly frozen. There were problems with the company's operations, and the shareholders had to pay for blood transfusions to the live broadcast company out of their own pockets.

The legal counsel of the live streaming company immediately negotiated with Cao Xiaoxue and submitted a legal analysis opinion from five well-known law professors in Beijing. They believed that the live broadcast company’s reward money was a legal transaction and did not fall within the scope that should be recovered. It was recommended that the procuratorate lift the case against the live broadcast company. Freezing of company bank accounts.

Cao Xiaoxue's little pepper character immediately emerged, and without flinching, she asked the legal counsel of the live broadcast company whether the law professor's analysis was a law or a regulation, and what was its validity? She asked questions like a machine gun, which made the legal advisor very embarrassed. In the end, Prosecutor Li came out to smooth things over and told the legal advisor that the case has been transferred to the court. If the court thinks that the collection should not be recovered, the procuratorate will immediately lift the freeze.

This statement couldn't be clearer. Live broadcast companies can have different opinions, but everything must wait for the court's decision.

The Procuratorate can afford to wait, Sister Lan can also wait, and Fang Yi can afford to wait even more, but the live broadcast company cannot afford to wait. Now is the time when live broadcast is booming, and there are several funds that want to invest in the live broadcast company. If the live broadcast company involves stolen money, If the incident is exploited by competitors, the consequences will be disastrous and the losses will be huge.