Lawyer's character

"The defender can respond to the prosecutor's opinions," the presiding judge said.

“In response to the prosecutor’s defense opinions and responses, the defender issued the following defense opinions:

Although Article 91 of the Criminal Law stipulates that private property managed and used by state agencies during transportation shall be treated as public property, the basic meaning of this provision is: when privately owned property is handed over to state agencies, state-owned companies, enterprises, When managed, used or transported by collective enterprises and people's organizations, they shall be treated as public property. However, this provision does not change the ownership of property managed by state agencies.

In other words, although private property is treated as public property when administered by state agencies, ownership remains with the original owner.

In this case, Mao Dewen still has ownership of the Mercedes-Benz that was seized by the public security organs. The seizure of a vehicle by the traffic management agency cannot change the ownership of the vehicle.

On the night of the incident, Mao Dewen sneaked into the courtyard of the traffic police team, subjectively wanting to retrieve his Mercedes-Benz that had been seized by the public security organs. The Mercedes-Benz had been registered in the name of the appellant and was his legal property. The appellant’s behavior was not illegal. Possession of other people's property.

In summary, the appellant's behavior did not constitute theft, let alone the possibility of converting it into robbery. "Fang Yi responded.

…

Lu Yuanren and Mao Wanzang sat in the auditorium and listened carefully. Mao Wanzang's heart was gripped from the beginning of the trial to the end of the trial. This was his son's last chance. If this opportunity was missed. Although there is still a death penalty review process by the Supreme Court, Fang Yi once told him that there is a chance of changing the sentence when the death penalty review comes, but the element of luck is higher.

Mao Wanzang knew what Fang Yi meant, so he had no hope for the subsequent review of the death penalty.

After a brief adjournment, the three judges of the collegial panel entered the court again. The presiding judge began to read the verdict:

"... This case has been reviewed by the collegial panel and a judgment has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

When the appellant Mao Dewen stole a motor vehicle that was owned by him but seized by the public security organs in accordance with the law, he used violence to injure others to death. His behavior constituted the crime of intentional injury and should be punished in accordance with the law.

The trial procedure of the original verdict was legal, but the characterization was inaccurate and the sentence was too harsh. The appellant’s grounds for appeal and the defense opinions of his defender are partially established and shall be adopted…

The verdict is as follows: 1. Uphold the criminal judgment of the Municipal Intermediate Court in item (2); 2. Revoke the criminal judgment of the Municipal Intermediate Court in item (1); 3. The appellant Mao Dewen was guilty of intentional injury and sentenced to death with a two-year suspended sentence. , deprived of political rights for life. "

After the presiding judge pronounced the verdict, Mao Waggang in the auditorium was stunned, as if he was frozen. His eyes blinked again and again, and then he stretched out his hand and twisted his thigh. It didn't hurt and he didn't feel anything at all.

He turned to look at his son-in-law Lu Yuanren beside him, and saw the latter's facial features moving, and he whispered: "Dad, can you please let go of your hand first! It hurts! It really hurts!"

Lu Yuanren and Mao Wanzang watched helplessly as the two bailiffs' legs were so weak that they could not walk. Mao Dewen, who was trembling all over, left the court.

Wu Qinghui, who was in the auditorium, looked at the scenes in the court in surprise and muttered: "Young man, this is the sentence, suspended death!"

Wu Qinghui discovered that the feeling of sitting in a criminal trial and watching a criminal case is really different. It is similar to watching a concert in person and watching a pirated CD at home. The difference is really not that big. It is so shocking!

When he was about to get off work in the afternoon, Ouyang Jie called Fang Yi and told him that Mao Wangang was going to treat him and his assistant Wu Qinghui to dinner to thank them for their work for Mao Dewen.

After putting down the phone, Fang Yi came to the door and called Wu Qinghui into the office.

"The person involved is treating me to a treat tonight. Come with me." Fang Yi said with a smile.

"That person involved? Is he the one who was sentenced to death with a suspended death sentence today?" Wu Qinghui looked at Fang Yi in confusion.

"Yes, I asked you to come with me by name, to thank us for the work we have done." Fang Yi nodded.

"Um, I'm just a jobber, I haven't done anything. So what..., after get off work, I'm going to find Lawyer Zhou to study legal regulations. As a young man, I think learning should be the most important thing..." Wu Qinghui said boldly.

Wu Qinghui's words directly amused Fang Yi. If these words were said by other paralegals, Fang Yi would definitely give him a thumbs up, but when the young master in front of him said these words, it always gave Fang Yi a sense of disobedience. Because Fang Yi understood that he said this not to study, but to pick up girls.

"Okay, I respect your choice." Fang Yi smiled.

"Thank you, Lawyer Fang, for your support." Wu Qinghui left the office with a smile.

After the court session, he experienced ups and downs in mood. After returning home, Mao Waggang slept for an afternoon. Without the mental burden, he regained some of his former demeanor. In his opinion, as long as people don't die, he has a solution.

When the lanterns first came on, in a private room of a high-end hotel in the city, everyone was toasting frequently, and Fang Yi drank a lot. Mao Wangang was in a good mood and drank a few more drinks.

"Brother, I keep my word." Mao Waggang winked at the driver, who took out a black leather bag from under his feet and handed it to him.

"Take this, you do the work, and I'll pay. I'll spit on my nails every time. You deserve the money. Let's leave your contact information and we can come and go often in the future." As he said this, he was already five points drunk. Mao Wangang took out his mobile phone and exchanged phone numbers with Fang Yi, adding WeChat.

Everyone drank for a while and then dispersed. Mao Wangang drank a little too much, so Lu Yuanren left first with his father-in-law. Fang Yi didn't drive, and Ouyang Jie called for a driver who hadn't arrived yet. The two of them chatted in the private room while waiting.

"Brother Fang, Da Maozi's family is rich, and they are local rich people. If he comes to you in the future, the fee should be lower." Ouyang Jie was happy. Fang Yi handled this case beautifully and satisfied the Mao family's demands. , he and Lu Yuanren also made some money along the way, and everyone was satisfied.

"Well, now that the case has been settled, you can calculate how much it should be, and I will give you cash directly." Fang Yi patted the black leather bag and said with a smile.

"Well, Lu Yuanren asked someone to do the math. This is ours. The total is..." Ouyang Jie took out the WeChat message Lu Yuanren sent him. On it was the amount of money calculated by the financial staff after deducting various expenses.

If calculated, the taxes that Fang Yi wants to deduct must be higher than those calculated by the other party's financial personnel, because the more money is withdrawn, the more personal taxes are calculated. However, the increase in the personal tax base caused by Fang Yi's previous withdrawals has nothing to do with the attorney fees distributed this time, so it is reasonable for people to calculate the individual tax based on the attorney fee distribution ratio this time.