Lawyer's character

"Is this the number of bath tickets confiscated by the public security agency?" Fang Yi asked calmly.

"Well,...no, it's all the votes I printed." Sun Shengli immediately changed his words mid-sentence.

"How many did you sell?" Fang Yi asked.

"There are only a few, but a total of twenty were sold! They were all sold at a discount, and I didn't make any money. Really! Although people in the county recognize this, not everyone needs it." Sun Shengli rolled his eyes. With.

Fang Yi knew at a glance that this guy was a piece of shit, and there must be more than that. Since the public security agency couldn't ask him, why should he? He would know it by looking back at the case file.

"Is there a company seal on the bath ticket?" Fang Yi asked.

"Yes, the bath ticket is the seal of the hotel administration department. I took the bath ticket to the place where the seal was carved and asked. They said it was engraved by the company itself, not the kind of seal that was registered." Sun Shengli said.

After coming out of the detention center, Fang Yi turned his head away. He felt that something was wrong with the charges charged by the procuratorate against Sun Shengli.

"Xiao Zhou, do you think there is anything wrong with Sun Shengli's case?" Fang Yi turned to look at Zhou Ying beside him and asked.

"I just checked the legal provisions on Baidu. Article 225 of the "Criminal Law" stipulates that violations of financial licenses, import and export licenses, franchise licenses, etc., and disrupting market order will constitute the crime of illegal business only if the circumstances are serious. .

Although there is a safety clause for "other illegal business activities that seriously disrupt the market order," I always feel that the private printing of county hotel bath tickets cannot be compared with the aforementioned permissions and cannot seriously disrupt the market order.

Therefore, I think there is something wrong with the accusations made by the procuratorate, and this label is a bit too big.

Article 280 of the Criminal Law contains the crime of forging a company seal. Do you think Sun Shengli is guilty of forging a company seal? "Zhou Ying asked.

“The crime of forging a company seal is a crime of execution. In the theoretical and practical circles, many people believe that as long as the act of forging a company seal is carried out, it can constitute a crime.

But I think this understanding is not very accurate. If the circumstances are obviously minor and the harm is not great, it should not be considered a crime.

For example, Article 52 of the "Public Security Administration Punishment Law" stipulates that those who forge or alter the seals of enterprises, institutions or other organizations shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan; if the circumstances are relatively minor, , shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.

Therefore, for general forgery of seals, if the circumstances and consequences are not serious, according to the principle of commensurate crime and punishment and the principle of modesty, the Public Security Administration Punishment Law should be applied instead of being punished as a crime.

Although Sun Shengli forged the company's seal, according to what he said, he only forged one, and he was caught without selling many bath tickets, which may not constitute the crime of forging the company's seal. "Fang Yi said.

"Since it does not constitute a crime, should we plead not guilty?" Zhou Ying said.

"In the afternoon, we went to the county procuratorate to review the papers. We just had a chance to communicate with the prosecutors and see their opinions. We will decide on a defense plan after the papers are reviewed.

However, there is indeed no clear stipulation in the "Criminal Law" on how to characterize the private printing of bathing tickets, and there is no relevant content in the judicial interpretation. But there is a crime of forging valuable instruments in the Criminal Law. Please study it. "Fang Yi said with a smile.

Three days later, Rongrong Sun walked into Wanhua United Law Firm again.

"Lawyer Fang, how is my brother's case? Will he be sentenced?" Seeing Fang Yi and Zhou Ying walking into the conference room, Rongrong Sun's eyes showed anxiety.

"We have communicated with the procuratorate. The prosecutor believes that your brother's selling of bathing tickets constitutes the crime of illegal business and the crime of forging valuable documents. It is an imaginary crime. It is a felony and he will be punished according to the crime of illegal business. But I think your brother's behavior It should constitute the crime of forging valuable instruments, and we are prepared to defend your brother as a minor offender." Fang Yi said.

"Lawyer Fang, what's the difference between these two crimes?" Sun Rongrong asked.

"Let me tell you the most direct impact. Anyone who forges a large amount of valuable notes shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if the crime of illegal business is serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention." Fang Yi explained.

After all, Sun Rongrong is not from the legal field, and her education level is not too high. Fang Yi feels that if she explains too much, it will be difficult for her to understand. It is better to tell her the simplest and clearest differences, which is more intuitive.

"Oh, I understand. It means that if we win, the court will sentence my brother to two years in prison, is that right?" Sun Rongrong said after understanding.

"Yes, it is also possible to be sentenced to criminal detention or surveillance." Fang Yi said.

Two days before Fang Anzhi started school, Sun Shengli's case came to court.

In the fifth courtroom of the County Court, three judges of the collegial bench sat and listened to the prosecutor read out the indictment. Sun Rongrong sat in the auditorium, and next to her sat an old man who looked to be in his seventies or eighties (actually less than sixty years old), with a slight stoop and a dark red face full of wrinkles. He was Sun Shengli. 's father.

“...This court believes that in order to obtain illegal profits, the defendant Sun Shengli illegally printed a large number of bathing tickets and sold them in the society. His behavior seriously disrupted the local market economic order and caused certain losses to the operating units.

The defendant illegally printed a large number of bathing tickets, which met the provisions of "serious circumstances" in the crime of illegal business operations. His behavior violated Article 225 of the Criminal Law of the People's Republic of China. The criminal facts are clear, and the evidence is reliable and sufficient. They should be convicted and punished for the crime of illegal business operations and their criminal responsibility should be investigated.

Defendant Sun Shengli pleads guilty and accepts punishment. According to the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China, he can be treated leniently. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

Presiding judge, the indictment has been read out. " said the male prosecutor sitting at the head of the prosecutor's bench.

"Defendant Sun Shengli, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" the presiding judge asked.

"There is no objection. I plead guilty and accept the punishment." Although Sun Shengli didn't understand the law, he had been in society for a long time and knew that a bachelor should not fight against power. Therefore, in order to win leniency, he agreed with everything the prosecutor said.

Of course, when the prosecutor went to see him before, he also told him that as long as he pleads guilty and accepts punishment, the prosecutor will take it into consideration when sentencing and recommend a lighter punishment.

When the prosecutor read the indictment just now, he also said that he could be treated leniently, which made him feel at ease. As for the crime..., he was more concerned about how many years the court would sentence him.

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

In fact, the facts of Sun Shengli's case were very simple. After the prosecutor asked a few simple questions, he ended the interrogation. The prosecution and defense had no dispute over the facts of the case, and Fang Yi simply asked a few questions.

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