Lawyer's character

During the last meeting before the trial, Fang Yi once told Wu Shanshan that he would try his best to obtain a criminal detention for her in this case, but there was a possibility that the court would sentence her to a fixed-term imprisonment, so that she could be prepared. Now the court has sentenced her to six months of criminal detention. , Wu Shanshan has been detained for three months now, and she can go home after being detained in the detention center for more than two months, which is considered to have met expectations.

Wu Guodong in the auditorium was quite satisfied with the verdict. He knew that his daughter had broken the law and it was impossible not to be sentenced. Fortunately, his daughter would be released soon. He felt much more at ease.

After the verdict was announced, Fang Yi went to the detention center to meet with Wu Shanshan. She expressed that she accepted the verdict and did not want to deal with it any more. A few days later, the criminal verdict was issued. Since then, the procuratorate has not filed a protest, and the verdict has taken legal effect. Of course, this is all for later.

After returning from the court, Zhou Ying moved the compiled case files into Fang Yi's office, then frowned and asked: "Lawyer Fang, I want to ask you a legal question."

When she entered, Fang Yi was drinking tea from a teacup. After putting down the teacup, he smiled and said, "You tell me."

"Isn't the crime of insult handled only after a complaint? Without the victim's complaint, it should not be handled. We didn't mention it during the trial, and neither the prosecutor nor the judge mentioned it. Why did the court sentence it?" Zhou Ying asked in confusion.

"Here, take a look at Article 246, Paragraph 2 of the Criminal Law." Fang Yi said and threw a torn-up copy of the Criminal Law to Zhou Ying.

After Zhou Ying took it, she started to flip through it.

"You are right. The crime of insult is a criminal case that can only be handled upon complaint. However, if it seriously endangers social order and national interests, it can also be prosecuted by the procuratorate. There is a 'proviso' clause in the law. Didn't you pay attention? ?

The circumstances of Wu Shanshan's case have reached a serious level (otherwise Fang Yi would not have considered her guilty of insult). The procuratorate prosecuted the defendant for the crime of insult, but the charges were inappropriate. Therefore, the court directly charged her with insult. The change of sentence does not violate the provisions of Article 246, paragraph 2, of the Criminal Law. "Fang Yi said with a smile.

"Oh, I understand. When I took the exam, I just wrote down a few crimes that I would deal with before I told you. I didn't read the articles carefully. Now it seems that every article has an explanation. It's not as simple as I thought." Zhou Ying read the articles. Afterwards, he sighed.

"Meals must be eaten bite by bite, and cases must be solved one by one. Rome was not built in a day, skills cannot be learned in a day, and a fat man cannot be made in a day." Fang Yi said with a smile.

"Well, you are right, I will try to become fat as soon as possible... No, I will succeed in my studies as soon as possible." Zhou Ying said with a golden light in her eyes.

While the two were talking, Fang Yi's cell phone rang. It was Yu Mantang, whom he hadn't seen for a long time.

"Brother, come over and sit down when you have time!" As soon as the call was connected, Yu Mantang's lifeless voice came out of the phone.

"Mr. Yu, what's wrong? There's something wrong with your voice!" Fang Yi asked doubtfully.

Seeing Fang Yi answer the phone, Zhou Ying made a leaving gesture to Fang Yi, turned around and walked out of the office.

"Don't mention it! You will know when you get here. There is a small case for you." Yu Mantang said.

"Okay, I'll go see you early tomorrow morning." Fang Yi glanced at his watch. It was almost time for him to get off work, which was inappropriate in the past.

"Okay, see you tomorrow." After Yu Mantang finished speaking, he hung up the phone.

When Fang Yi walked out of the office with his briefcase, he happened to see Wang Deyou who had just come back from outside.

"Old Wang, is this guy sweating profusely going to court again?" Fang Yi asked.

"Forget it, a simple criminal case was handled by lawyer Qian Wen last year. She resigned, and then the team transferred the case to me.

Although this case seems simple, after two years of back and forth, the case was finally closed today. "Wang Deyou put his briefcase on the chair beside him, took out his handkerchief and wiped the sweat from his face.

"Have you eaten? Anyway, I am alone. Let's go have a drink and chat while eating." Fang Yi said with a smile.

"Okay, I'll pack it up. I ran around all day and I'm so hot." Wang Deyou said as he carried his bag to his work station.

The sliding door of a small, inconspicuous restaurant near the law firm said that the air-conditioning was open. As soon as Fang Yi and Wang Deyou walked in, they immediately got goosebumps because the air-conditioning was sufficient.

"Let's just go to this place. There aren't many people. Let's chat while eating." Wang Deyou saw that there were six tables in total, and only three tables were occupied by diners. The place was quite clean, so he picked a table by the window and sat down. Come down.

The two ordered four dishes and two bottles of cold beer. While waiting for the food to be served, they smoked and chatted.

"Lao Wang, what was the idea Lao Huang gave you last time? Is your son obedient?" Fang Yi asked.

"It's okay. My son is most afraid of his sister, but the cost is a bit high." Lao Wang took a bottle of cold beer, poured a glass for Fang Yi, and filled a glass for himself.

"The cost is high?" Fang Yi just picked up the wine glass, then stopped and asked doubtfully.

"Yes, you don't know, today's children are all rascals. I asked my daughter to be a tutor for my son, and my daughter said that now tutors charge by the hour, and she asked me to charge one hundred yuan an hour. , this is still a discounted price." Lao Wang said.

"You agreed?" Fang Yi smiled.

"Promise? How is that possible? If she could make a hundred yuan an hour, I wouldn't have to tighten my belt." Wang Deyou snorted.

"What was the discussion in the end?" Fang Yi asked with interest.

"My son's grades are now below average in his class. I told my daughter that every time his brother's grades improve by one place, I will give her an extra ten yuan a month, which will be settled after the midterm exam and the final exam." Wang Deyou road.

"It's only ten yuan, can your daughter agree?" Fang Yi asked.

"The accounts can't be calculated like this. There are a total of thirty-six students in my son's class. Last semester, he ranked 32nd. There is still a lot of room for improvement. If he can advance to the first place at once, he will gain more every month. It's more than three hundred yuan, which is a lot of money in a year." Wang Deyou said.

Uh... There are thirty-six students in total, ranking thirty-second. Is this result considered below average? ! Well, it is indeed low enough to reach the ankles, but there is indeed a lot of room for upside. Fang Yi smiled, Lao Wang is a face-saving person, so...

"Your daughter agreed?" Fang Yi asked.

"Well, the agreement was signed under the threat of carrots and sticks from my wife and I." Wang Deyou said, picking up the wine glass.

"How is the legal aid business doing?" Fang Yicha asked, changing the subject.

“It’s pretty good, more work brings more rewards, and you don’t have to worry about the source of the case. You can also develop your own cases when you have time, but I’m a bit busy.

The case I went to get the verdict on today was really weird. The defendant was arrested and released, and the arrest and release went through several rounds. He was originally sentenced to death, but when he was reported to the police for review, the sentence was changed. "Wang Deyou said.

"What's going on?" Fang Yi was startled.

Although there are cases where the death penalty review is not approved, and Fang Yi has encountered it before, they are in the minority after all. The vast majority of cases will be approved for death penalty, but the situation of arrest and release is indeed rare.