Lawyer's character
Chapter 462 Crime of intentional destruction of property
"You kid, don't be cheap and behave yourself. Do you have a date with a beautiful lady?" Wan Kefa said with a wicked smile.
"Mr. Yun has a client who just called me and wanted to consult me about legal issues. It would be better to meet him some other time, so we arranged to meet tonight." Fang Yi said while driving.
"Xiao Fang, I think there's something wrong with the way Mr. Yun looks at you. You have to seize the opportunity. You've been divorced for so many years, and it's time to have a woman at home." Wan Ke said in French.
Fang Yi smiled: "This kind of thing needs to be met!"
"You're in love? How can you know if the square head is right if you don't try it?" Wan Kefa said with a smile.
No one dislikes beauties, but beauties are not necessarily suitable for him. Fang Yi feels that there are too many differences between him and Yunmei in terms of financial resources and appearance, and Wan Kefa is just a joke.
"Xiao Zhi, I left the food on the table for you. Dad doesn't necessarily come back at what time in the evening. If it's too late, you go to bed first and don't wait for me." Fang Yi came to the door of the small bedroom and faced Fang Anzhi, who was preparing for the exam. said.
"Dad, drink less wine tonight." Fang Anzhi stretched and turned around and said.
"Don't worry, dad drives and doesn't drink." Fang Yi said with a smile. It feels good to feel like someone cares.
Fang Yi drove to Yunwu Tea House to pick up Yunmei, and then went straight to a high-end hotel in the city. After the two walked into the private room, they saw a woman in her forties sitting inside. She was not stunning in appearance, but a very good-looking person. She exuded intellectual beauty, like a piece of warm jade.
"Lawyer Fang, this is Lu Ping and Sister Lu, a good friend of mine. Sister Lu, this is Lawyer Fang." Yunmei introduced.
"Hello, Lawyer Fang. I'm sorry to trouble you this time," Lu Ping said with a smile.
"You're welcome. Mr. Yun said that you have something to consult. I don't know what it is about?" Fang Yi went straight to the topic.
"Hi, something at home. Let's order first and chat while we eat." Lu Ping called the waiter and asked Fang Yi to order. Fang Yi couldn't resist, so he ordered two.
None of the three drank, so Yunmei asked the waiter to make a pot of fragrant tea she brought.
After finishing the five flavors of the dish, Lu Ping started chatting.
"Something happened to my brother from my hometown. He called me this afternoon and asked me to make an idea. I can help him with advice on business matters, but I am a layman on legal matters, especially criminal cases, so I cannot be careless.
I remember Yunmei said that she knew a criminal lawyer, so she asked her to help arrange an appointment with you and wanted to consult with you. Lu Ping said unhurriedly.
"Well, do you know what happened?" Fang Yi asked.
"Know something. This is what happened..." Lu Ping recounted what happened.
Lu Ping has a younger brother named Lu Guang. Lu Ping's tea business is booming. Although her brother's annual income from the company in his hometown is not as much as hers, he is still considered the number one figure in the local area.
Five years ago, Lu Guang's company obtained a piece of land locally through judicial auction. This land used to be an old state-owned machinery factory, which later went bankrupt due to insolvency. But the location of the machinery factory is very good, with two universities and several high-end residential areas nearby.
After getting the machinery factory, Lu Guang moved the company there, but only occupied the office building. The workshop and employee dormitories were relatively old. It would require a lot of money to demolish and rebuild, and the approval procedures were also cumbersome. In the end, he rented out the workshop to I met a man named Tian Youliang.
Tian Youliang is engaged in sports. He saw that the workshop area was large and suitable for a gymnasium to play badminton and tennis, so he spent money to rent it. The lease lasts for three years, and then renovation and renovation work begins to attract customers.
There were not many customers at the beginning. Later, with a large amount of advertising, the gym gradually became famous and started to make profits from the second year. When the lease expired, it was renewed for another five years.
At this time, Lu Guang's factory was relocated and there was nowhere to place the production line, so he discussed with Tian Youliang to return the rent and take back the gymnasium to house the factory's production line for production.
When Tian Youliang heard that the gymnasium was going to be taken back, he said nothing. The gymnasium had just recovered its cost since its opening. It was the time to make money. How could he give up. Besides, the lease contract has not expired yet, so he has the right to use it.
The two sides negotiated back and forth for more than a week. In the end, Lu Guang became angry. He ordered his men to demolish the gymnasium facilities, but Tian Youliang resisted. Later, Lu Guang's men smashed Tian Youliang's Mercedes-Benz.
After identification, the damage to Tian Youliang's Mercedes-Benz was 98,000 yuan. After the incident, Lu Guang received a phone call from the public security department, and went to explain the entire situation.
The boy who smashed the car was a stupid young man named Lu Lin. He grew up naked with Lu Guang and was a relative of the Lu family. Lu Lin had been working as the deputy captain of the security team in the company, and everyone dispersed after the incident. After the police arrived, Lu Lin was called to the scene. Later, he was verbally summoned by the police at the scene and returned to the police station to cooperate with the investigation, and was immediately locked up.
Afterwards, the public security organs transferred the case of Lu Guang and his wife to the procuratorate for the crime of intentional destruction of property. They are now on bail pending trial.
"Lawyer Fang, my brother Lu Guang did not participate in smashing the car, can it constitute a crime?" Lu Ping asked confused.
"If he just ordered his men to demolish the stadium facilities and did not ask them to smash the car, this matter really has nothing to do with your brother. Have you ever asked Lu Lin if Lu Guang ordered him to smash the car?" Fang Yi said.
"This... my brother actually said that at that time, the other party refused to allow the demolition of the gymnasium facilities and there was a confrontation between the two sides. Lu Lin called my brother and asked for instructions on what to do and whether to take action.
My brother was afraid that it would end badly, so I asked him to smash the car to scare the other party. As a result, Lu Lin smashed Tian Youliang's Mercedes-Benz. "Lu Ping said.
"Well, that's it. Although your brother didn't smash the car, he instigated Lu Lin to do it. The two of them are accomplices.
Moreover, your brother Lu Guang plays a major role among the accomplices and is the principal offender; Lu Lin plays a secondary and auxiliary role and is an accessory offender. Therefore, there is no problem for the public security organs to charge him with the crime of intentional destruction of property. "Fang Yi said.
"Lawyer Fang, Lu Lin just smashed a few pieces of glass and knocked a few times on the Mercedes-Benz car shell, which cost nearly 100,000 yuan. Is this reasonable? Can it constitute the crime of damaging property?" Lu Ping asked.
"Whether it is reasonable or not is not up to me. It depends on the cost of repair. As you know, once the car enters the 4S shop, it will definitely cost money. Moreover, after the car is repaired, the value of the car will be depreciated.
In addition, according to Article 33 of the "Regulations on the Filing and Prosecution Standards for Criminal Cases under the Jurisdiction of Public Security Organs (I)" (Gongtongzi [2008] No. 36) of the Supreme People's Procuratorate and the Ministry of Public Security, intentional destruction of public and private property, causing If the loss exceeds 5,000 yuan, a case shall be filed for prosecution.
Although the standards implemented by each province may be different, the fact that your brother caused nearly 100,000 yuan in losses to the other party is definitely enough to establish a case. Fang Yi thought: This matter may not be that simple. Can a few simple knocks cause a loss of nearly 100,000 yuan?
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