Lawyer's character
Chapter 559 Big Job
“First of all, if this is indeed the case, your husband has committed a crime of fraud.
Secondly, according to the "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" stipulated by the Supreme People's Court and the Supreme People's Procuratorate, the value of defrauding public or private property is between 3,000 yuan and more than 10,000 yuan, between 30,000 yuan and more than 100,000 yuan, and for five If the amount exceeds 100,000 yuan, it shall be deemed as 'relatively large amount', 'huge amount' or 'especially huge amount' as stipulated in Article 266 of the Criminal Law.
Your husband defrauded the victim of RMB 100,000, which is a huge amount. According to Article 266 of the Criminal Law, whoever defrauds the victim of a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
The exact number of years your husband will be sentenced will depend on the circumstances of the trial and your husband's confession and repentance. "Fang Yi said.
Luo Jie's brows gradually knitted into a knot, and she asked, "If my husband is sentenced again, how many more years will he have to serve? Do the sentences for the two fraud charges have to be added together?"
"That's not the case. According to Article 71 of the Criminal Law, after the judgment is pronounced but before the execution of the punishment is completed, if the sentenced criminal commits a new crime, the punishment for the previous crime that has not been executed and the punishment for the subsequent crime shall be combined. If the sentence is less than the total sentence and more than the highest among several sentences, the sentence to be executed shall be determined at the discretion.
How long your husband has to stay there depends on how many years he will be sentenced for the fraud crime. "Fang Yi explained.
"Hey! It looks like I won't be able to get out for a while." Luo Jie sighed.
"Let me tell you, what are you waiting for him to do? Just get divorced. When he comes out again, he will be fifty or sixty years old and won't be able to do anything. You still have to support him." Sister Lan said with a face full of hatred.
"After all, we have been through thick and thin together. The children are already in high school..." Luo Jie looked confused.
"Hey! He has accumulated so much virtue in his last life that he married such a good wife like you. Forget it! Let's not mention that. Come and eat the food. If you don't eat it, it will be cold." Sister Lan felt unworthy for Luo Jie.
Until the three of them left the private restaurant, Luo Jie didn't mention the entrustment. Fang Yi guessed that Luo Jie might have lost confidence in her husband and just ignored it.
In fact, this was not the case. Luo Jie had already found a lawyer. The lawyer told her that she could find connections to reduce her husband's sentence by a few years. Of course, the benefits would be indispensable.
The reason why she invited Fang Yi to dinner today was just to consult, to see what the worst outcome would be, and to confirm whether what the previous lawyer said was right.
When Fang Yi returned home, his father Fang Youcai had already gone to bed, and Xiao Zhi was reviewing the next day's homework in the bedroom.
At the end of November, Zhou Ying ran into Fang Yi's office with excitement on her face and placed a copy of the Supreme Court's judgment in front of Fang Yi. After Fang Yi saw the verdict, a happy smile appeared on his face.
After review, the Supreme People's Court held that defendant Geng Di's murder constituted intentional homicide. And the consequences of the crime are serious and should be punished in accordance with the law. The facts found in the first and second instance judgments were clear and the evidence was reliable and sufficient. The trial procedure was legal. However, the conviction of robbery in the second instance was inappropriate and should be corrected.
In view of the fact that Geng Di's relatives actively persuaded Geng Di to surrender after committing the crime and took the initiative to report the crime, and Geng Di was able to confess the facts of his crime after he was brought to justice, the death penalty for the defendant Geng Di may not be executed immediately. Final verdict:
1. Revoke the conviction and sentencing of defendant Geng Di in the criminal judgment of the Provincial High Court;
2. The defendant Geng Di was convicted of intentional homicide and sentenced to death with a two-year suspended sentence and deprived of political rights for life.
After receiving the news, Geng Kunshan hurried to the law firm. After receiving the Supreme Court's judgment, he burst into tears and thanked Fang Yi repeatedly.
Geng Di was first sentenced to death with a suspended death sentence by the Intermediate People's Court for intentional homicide, and then sentenced to death by the Provincial High Court for robbery. Originally, Geng Kunshan had already prepared to take care of his son's funeral, but the Supreme Court sentenced Geng Di to intentional homicide. His death is slow. Geng Kunshan's mood in the past few months has been like a roller coaster. After great joy and great sorrow, he suddenly became much older.
When the Provincial High Court issued the second-instance judgment, to be honest, Zhou Ying had doubts about Fang Yi's professional ability for the first time in her heart. Although it was very weak, it had never happened before.
She didn't expect that the person she had always looked up to, Fang Dashen, would lose so miserably this time. Everything from the characterization of the case to the sentencing was disappointing.
Later, when the Supreme Court's decision came down, she discovered that she was wrong. The Supreme Court judge's decision-making thinking actually coincided with Fang Yi. Fang Yi was still the great god in her mind, but his position was moved up again. A little bit.
From Geng Kunshan's eyes, she felt the familiar sense of accomplishment again.
It was another cold morning, the sky was overcast, and light snow was falling outside the window. Sitting in the office, Fang Yi's mood was similar to the weather.
The law firm's internal system on the computer screen displayed each lawyer's income for the year. Fang Yi's income was 1.89 million yuan, which was 110,000 yuan short of the minimum income requirement for a partner.
Of course, the 1.89 million yuan is not the amount Fang Yi received, but the contract amount, which is the legal fee charged. The law firm (team) will deduct 30 or 40%, and deduct 30% from the rest. Tax is the amount received.
Having more money and less money does not actually represent a partner's professional ability, but it does represent a partner's ability to make money. Fang Yi doesn't want to be ridiculed for failing to complete tasks in his first year as a partner. But 110,000 is not much, not much, and New Year's Day is only a month away... He is anxious!
After lunch, Fang Yi, Huang Yuanchao and others were preparing to return to the law firm when suddenly their cell phones rang. It was Secretary Wu calling.
Fang Yi looked at the name on the phone and wondered what Secretary Wu, who specialized in serving rich people, wanted to do with him. Is there a case?
After the call was connected, Fang Yi found that his tone was quite urgent. He prepared for the law firm to pick Fang Yi up half an hour later to meet with a client to discuss the case. He asked Fang Yi if it was convenient. Fang Yi was immediately delighted and agreed.
Fang Yi knew that although Secretary Wu's work was not dignified, it was really profitable. He was in contact with all the rich and powerful people, so it would be a big job if he could not guarantee it.
More than an hour later, Secretary Wu, who looked solemn, sent Fang Yi to the villa area, and the Mercedes-Benz parked in front of a single-family villa.
On the way here, Fang Yi asked Secretary Wu what case he came to discuss this time, but Secretary Wu was very strict. He only said that it was a very important criminal case, and the lawyer's fees were generous. He would be shown the information when the time came, and nothing else. Didn't say. Because he didn't know if the man in the villa could see Fang Yi, he didn't dare to talk nonsense.
After the doorbell rang twice, a neatly dressed middle-aged woman in servant's clothing opened the door to the villa.
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