Lawyer's character

"Oh, that's right!" Lu Ping nodded and said, "Lawyer Fang, do you have any good ideas to reduce the punishment imposed on them by the court?"

"Lawyer Fang, Sister Lu and I are old friends. Please help me think of a solution." Yunmei interjected.

"What did the lawyer they hired say?" Fang Yi asked after thinking about it.

"The lawyer said he would help them smoothen their relationship and ask them to ask the victim for a letter of understanding," Lu Ping said.

"I can't express my opinion on easing the relationship. But it is feasible to actively compensate the victim and obtain a letter of understanding from the victim. With the letter of understanding, the court will consider it when sentencing.

In addition, your brother may be able to surrender. If he has a good repentance attitude and voluntarily pleads guilty and accepts punishment, plus a letter of understanding issued by the victim, he may be able to avoid jail and get a suspended sentence. You must tell your brother not to confront the public security organs and procuratorate, but to cooperate with the investigation, because his attitude will affect sentencing. "Fang Yi said.

If there is evidence and facts, Lu Guang admits it himself. In Fang Yi's opinion, in this situation, the only way is to actively cooperate with the public security organs and the procuratorate in the investigation and strive for leniency. There is no good way.

"Well, I understand. What about Lu Lin? Can he also be deemed to have surrendered and be given a lighter punishment?" Lu Ping then asked.

"Lu Lin's case is a bit complicated. According to what you just said, Lu Lin was called over by others when the police were handling the case at the scene, and was later summoned to the case by the public security organs. He may not meet the legal conditions for surrendering, and he is not qualified to surrender. ." Fang Yi said.

"Why is this? My brother was also told what happened after he was notified to go to the public security organ. The police said that he surrendered. Why does Lu Lin not count?" Lu Ping said.

"Not all criminal suspects who truthfully confess the facts after being summoned by the public security organs constitute surrender. According to the provisions of Article 67 of the "Criminal Law", those who voluntarily surrender after committing a crime and truthfully confess their crimes are surrenders. For surrender Criminals may be given a lighter or reduced punishment.

Simply put, surrender includes two conditions, the first is to surrender voluntarily, and the second is to confess truthfully.

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws on Surrender and Meritorious Service" (Fa Shi [1998] No. 8):

Voluntary surrender refers to voluntarily and directly surrendering to the public security organ, the People's Procuratorate or the People's Court when the criminal facts or the criminal suspect have not been discovered by the judicial authorities, or even though the criminal suspect has been discovered, the criminal suspect has not been interrogated or compulsory measures have been taken. .

Truthfully confessing one's crime means that the criminal suspect truthfully explains the main facts of his crime after voluntarily surrendering to the crime.

Lu Lin was called to the scene of the crime and was not proactive. Later, someone at the scene might identify him as the person who smashed the Mercedes-Benz, so the police verbally summoned him and asked him to go to the public security agency to cooperate with the investigation, and then took coercive measures against him. measure.

I speculated that the police already knew that he was the one who did it, and they used the verbal summons to stabilize him, lest he escape, and the police would naturally take measures against him when he arrived at the public security organ.

I also made a guess based on what you said about the incident, which may not be accurate. The lawyer they entrust needs to make a judgment based on the actual situation.

But you don’t have to worry too much. Lu Lin is an accessory and his punishment can be reduced according to the law. If Lu Guang is sentenced to probation, he should also be able to obtain a suspended sentence. "Fang Yi said.

"Oh, that's right. Then I understand. Thank you, Lawyer Fang. I'll call my brother when I get back and ask him to do what you said and cooperate with the prosecutor's office in investigating the case." Lu Ping nodded.

After finishing the meal, Fang Yi drove Yunmei back to Yunwu Tea House. Just when Fang Yi was about to leave, Yunmei asked him to wait a moment, and soon after entering the tea house, she took out a gift box.

"I'm really sorry to trouble you today. I see that you really like drinking Pu'er tea. This little thought is disrespectful." Yunmei said and put the gift box on the back seat of the car.

"You're welcome, it's nothing. Besides, Ms. Lu has already given me a red envelope, but in fact I didn't do much to help." Fang Yi said with a smile.

"No, it's a code, it's a code. This happened so suddenly today, I have to thank you. Please be safe on the way back. Goodbye!" After Yunmei said this, she smiled and turned around and entered Yunwu Tea House.

Fang Yi turned around and glanced at the gift box on the back seat. It was the Pu'er tea he drank with Wan Kefa this afternoon.

A week later, Zhou Yingqi’s case was sentenced. Fang Yi went to the Intermediate Court to get the verdict.

The Intermediate People's Court held that the defendant Zhou Yingqi, as a senior executive of a state-owned enterprise, took advantage of the convenient conditions created by his authority to seek illegal benefits for others, which amounted to a huge amount. His behavior constituted the crime of accepting bribes and should be punished in accordance with the law. The Municipal Procuratorate accused the defendant Zhou Yingqi of accepting a bribe of 1.88 million yuan. The facts were clear, the evidence was reliable and sufficient, and the charges were found guilty.

In view of the specific circumstances of this case, and comprehensive consideration of Zhou Yingqi's aggravating circumstances of accepting bribes to obtain job promotions for others, and the mitigating circumstances of Zhou Yingqi's family members returning all stolen money on their behalf, and the mitigating circumstances of Zhou Yingqi's confession and repentance in court, and truthfully confessing the crime. The verdict is as follows:

1. The defendant Zhou Yingqi was convicted of accepting bribes and was sentenced to three years in prison, suspended for three years, and fined RMB 300,000;

2. Of the 2.8 million yuan seized in the case, 1.88 million yuan will be confiscated as illegal gains, 300,000 yuan will be included in the fine and the remaining amount will be returned to the defendant Zhou Yingqi;

3. The three bank cards of Zhou Yingqi seized in the case were returned to the Municipal Procuratorate; the bank account frozen in the case was unfrozen; a property in Wanhaijiayuan in this city and a property in Huihai New Park in Chaoyang District, Beijing, were seized in the case. The seal shall be lifted.

"Lawyer Fang, this means that the Intermediate People's Court only recognized the 1.88 million yuan that Zhao Xiaojie gave me for promotion, and did not consider other payments as bribes. Is this what it means?" in the conference room of Wanhua United Law Firm , Zhou Yingqi was very surprised after seeing the verdict.

She never dreamed that the court would sentence her to probation. At this time, she felt extremely grateful to the judge of the Intermediate Court.

"That's right. The Intermediate Court believes that your acceptance of Zhao Xiaojie's request to handle promotion matters for him constitutes bribery, and other things do not constitute bribery. But I personally think that the Intermediate Court's ruling is a bit far-fetched.

Of course, it’s up to you whether you want to appeal. "Fang Yi said.

The Intermediate People's Court's ruling somewhat surprised him. Fang Yi felt that the 300,000 yuan from Jiayue Company was more likely to be considered a bribe, but the court believed that Zhou Yingqi was involved in activities for Zhao Xiaojie's promotion and received 1.88 million yuan. Yuan is a bribe, and the three hundred thousand yuan is not a bribe.

Theoretically, he disagreed with the Intermediate People's Court's judgment. He always believed that Zhou Xuan's promotion was Zhou Yingqi's help based on her lover's relationship, and he did not do it for money. In addition, if Zhou Yingqi appeals, he can also charge another attorney's fee. This is what he really thinks.