Lawyer's character

Fang Yi thought that Zhou Yingqi might not be telling the truth, so he also told the story about receiving the real estate. Let her be prepared.

"What should I do if I buy a house after collecting money?" Zhou Yingqi asked.

“In this case, in judicial practice, in principle, the house itself or cash equivalent to the value of the house at the time of recovery should also be recovered.

If the source of funds for the purchase of a house includes both bribes and legitimate income, the share of the bribes in the value of the house and its income (value-added) should be recovered.

For example, if you buy a house in Beijing, one-third of the purchase price is bribe money, and the remaining two-thirds of the purchase price belongs to your legal income. The house is worth 6 million yuan at the time of purchase. After the incident, the value of the house rose to 9 million yuan, and the share that should be recovered is 3 million yuan.

As for the vehicle you mentioned, in judicial practice, for cars and other items, derogation is more serious. The value at the time of recovery is generally lower than the value at the time of receipt. According to legal provisions, the original item should generally be recovered, but the judicial authority has seized, stored and auctioned it in the future. All items are inconvenient.

In this case, if you take the initiative to offer to trade in cash equivalent to the value at the time of receipt, the court will generally allow it, and will comprehensively determine whether it is an "active return of stolen goods" based on your performance in returning the stolen goods, and then give it appropriate consideration in sentencing. . "Fang Yi explained.

"Oh, so my house and car are likely to be seized! Is there any way to keep the house?" Zhou Yingqi asked.

"In judicial practice, if a family member requests to keep the house and pay cash, the court can review the actual living situation of the defendant and his family. If it agrees to the family's request out of humanitarian considerations, the value of the house will generally be calculated based on the time point of recovery. , pay the same amount in cash." Fang Yi said.

"Oh, it means that if I want to keep the house, I have to convert it into cash according to the current house price and hand it over to the procuratorate, right?" Zhou Yingqi said.

"Yes. But you don't have to worry. In fact, the amount of bribes determined by the procuratorate may not be fully recognized by the court." Fang Yi said.

"Will the court deny the amount determined by the procuratorate?" Zhou Yingqi asked doubtfully. In her subconscious mind, the court will sentence the amount of bribes that the procuratorate recognizes.

"That's not necessarily true. The two agencies have different powers, and the amounts of crimes determined may not be exactly the same." Fang Yi said with a smile.

"As you just said, you will actively return the stolen goods. My family paid 2.8 million to the procuratorate. The procuratorate said they would consider it when sentencing." Zhou Yingqi said.

"Well, actively returning stolen goods is indeed good for your sentencing." Fang Yi said.

After sending Zhou Yingqi away, Fang Yi and Zhou Ying returned to the office.

"Lawyer Fang, the amount she just mentioned matches the amount in the case file. Zhao Xiaojie's confession in the case file is basically consistent with hers. They are indeed lovers and have developed to the point of discussing marriage. Look. There's nothing wrong with what she said." Zhou Ying said, holding the transcript of the case.

"Judging from the available materials, this is indeed the case. We are her defenders. We must start from the facts of the case and find a breakthrough for her interests. Their romantic relationship is beneficial to the case, so we can use this to defend.

We only need to find out the doubtful parts and the parts that can be reasonably explained from the bribes determined by the procuratorate, and remove them, and we will win. "Fang Yi said.

"Then...will our doing this help the defendant avoid punishment?" Zhou Ying said half-jokingly, blinking her big eyes.

"Uh..., if you think about it from another angle, should the procuratorate's accusation of crime be based on conclusive evidence and be able to withstand scrutiny?" Fang Yi asked rhetorically.

"Yeah." Zhou Ying nodded.

"We lawyers are not judges, nor do we control public power. We only use our professional advantages to provide legal services to criminal suspects or defendants so that they can get the punishment they deserve. Am I right?" Fang Yi asked again.

"Well, that's right." Zhou Ying said.

"So, do we have an obligation to use our legal knowledge and social common sense to help the prosecutor's office confirm whether the charges are appropriate and prove whether the criminal evidence is reliable and sufficient? Don't let the guilty escape punishment, and don't let the innocent Unjustly accused?" Fang Yi continued.

"That seems to be the truth." Zhou Ying tilted her head and thought for a while.

"So we are not aiding the tyrants. If the charges charged by the prosecutor's office are correct and the evidence provided is impeccable, there will be no room for us to play, right?" Fang Yi said with a smile.

"Well, you're right." Zhou Ying said.

"Okay, don't feel burdened when handling criminal cases. As long as it's up to your conscience, just go ahead and do it. Unless your starting point is wrong and you just want to get people." Fang Yi said.

"I understand. Thank you, Lawyer Fang." Zhou Ying said with a playful smile.

"Okay, you go and do your work. I want to think about the breakthrough issue." Fang Yi scratched his head and said.

Young friends, we come to meet each other, swinging in the boat, the warm breeze blows gently, the flowers are fragrant, the birds are chirping, the spring is so bright, the laughter and laughter are flying around the colorful clouds...

When Fang Yi knocked on the door of the director's office, a melodious song came out. Wan Kefa shook his head to the beat and drank tea, looking like he was enjoying it.

"Xiao Fang, come here quickly. It's dry in spring. You need to drink more tea to avoid getting angry. You have a lawsuit on your forehead. Come on, have a cup of tea and take a rest." With that, Wan Kefa handed over a cup of tea.

After Fang Yi took it, he drank it all in one gulp and then poured himself another glass.

"Drink slowly, you call it cow drinking, not tea drinking. Are you encountering some difficulty?" Wan Kefa asked.

"It's okay, just come here and listen to old songs. Take a rest." Fang Yi smiled.

"How is Zhou Yingqi's case going?" Wan Kefa asked.

Fang Yi gave an overview of the case: "What do you think? I think the relationship between her and Zhao Xiaojie can be used. There are indeed some doubts about the more than 8 million yuan. According to common sense, it can be said."

"If you don't understand or have doubts, it's better to defend in the direction of the doubts. Criminal cases are not like civil cases. If there are doubts, the court will generally not recognize it. When encountering such a situation, it is beneficial to us, and the prosecutor will be more scratching his head." Wan Kefa smiled.

"Well, I'm thinking the same thing as you. Let's drink tea instead of wine!" Fang Yi said with a smile.

"Actually, you had a plan in mind for a long time. You came here just to confirm with me. Right!" Wan Kefa picked up the tea cup and said with a smile.

"Why bother if you don't tell me when you see through it?" Fang Yi smiled.

Ten days later, Zhou Yingqi's case came to court. The jurisdictional court is the city's Intermediate People's Court, which means that the procuratorate believes that the amount of bribes Zhou Yingqi accepted is extremely large, and the prison term should be more than ten years.

I have been looking for information in the past few days and have been writing a bit slowly. Please forgive me, book friends. More updates later!