Lawyer's character

After Du Yong finished speaking, Fang Yi took a cigarette from the table and handed it to Du Yong. After the latter took the cigarette, Fang Yi took out another cigarette from the cigarette case. Du Yong hurriedly took out a lighter to light it for him. superior.

Fang Yi took two puffs of his cigarette, and after thinking for a moment, he said: "This case is indeed somewhat special.

The "Criminal Law" only explicitly stipulates that legitimate defense and emergency avoidance can exclude social harm. Currently, according to the current situation, whether other behaviors, such as self-relief behaviors and harmful behaviors based on the voluntariness of the right holder, are behaviors that exclude social harm. As far as I know, this has only been discussed theoretically, and no court has ever made such a ruling in judicial practice.

Currently, the legal rights and interests that individuals can freely dispose of include personal property rights, labor rights, privacy rights, etc. As long as the owner of the right has consented to it, destroying his property or disclosing his privacy will not constitute crimes of damaging property, insulting, etc.

However, there is no consensus in the theoretical circles on whether an individual citizen's right to personal freedom, life and health, especially the right to life, can be damaged or deprived by others with the voluntary consent of the right holder.

Judging from current cases and judicial practice, others cannot deprive the victim of his right to life with his voluntary consent, otherwise it will constitute intentional homicide. "

"Then how should I defend this case, or which point is more appropriate to start from? I have always felt that this case has a lawyer's role, but now my mind is so confused that I really can't figure it out." Du Yong looked confused. asked.

Fang Yi thought for a moment, put out the cigarette butt in the ashtray, and looked up at him: "In this case, although the victim, Tian Jiafeng, voluntarily agreed to the defendant, Tong Zhonglai, to resell her, the victim's behavior can be regarded as her true intention. reflect,.

But looking at it from another perspective, Tian Jiafeng’s right to make independent choices was restricted by the subjective and objective circumstances at the time, and Tong Zhonglai’s resale of Tian Jiafeng was against social order and good customs, had a certain degree of social harm, and was prohibited by law. Therefore, I think it is appropriate to convict the defendant Tong Zhonglai of trafficking in women, and the court will most likely sentence him this way.

Although in the eyes of ordinary people, Tong Zhonglai is not a good person and is the same as a human trafficker. After all, there is no trafficking if there is no business.

However, since the defendant Tong Zhong came to buy the trafficked woman Tian Jiafeng, he expressed his willingness to send Tian Jiafeng home. According to paragraph 6 of Article 241 of the Criminal Law, buying a trafficked woman shall be based on the wishes of the woman being bought. If it does not prevent him from returning to his original place of residence, he may not be held criminally responsible. At the same time, taking into account the specific circumstances that the defendant resold it to others at the request of Tian Jiafeng.

I think you can suggest that the court give the defendant a lenient punishment in terms of specific sentencing. I think this is a point, the crime cannot be changed.

but……"

"But what?" Du Yong asked.

"In this kind of case, if you really do this, you may be scolded by the public. You'd better be mentally prepared." Fang Yi added.

"Well, I have thought about it since I took this case. If the court sentences the defendant to death according to the law, I will never mess around for money. But if the law cannot sentence the defendant to death at all, it is the fault of the law. , it’s not my fault. This is what I do.

It's someone else's mouth, you can say whatever you want, I can't stop you. In this job, there is a high probability of getting scolded. "Du Yong smiled.

"Well, it's fair to think about it. I've seen some lawyers who took on cases that had a great social impact, but the verdict of the case was not in line with public expectations. The lawyers and judges were scolded so much that they dared not go out and were depressed... You It's great that you can think so thoroughly, but you must pay attention to self-protection when handling the case." Fang Yiyu said seriously.

"Yes, I will. Thank you, Lawyer Fang." After Du Yong finished speaking, he packed up the case files and left the office.

…

On Thursday, Mi Jiahong's tax evasion case finally came to court. Because it was a unit crime, the first defendant in the case was the pharmaceutical company, and the second defendant was Mi Jiahong.

According to the charges in the indictment, when the defendant Mi Jiahong was serving as the legal representative of the pharmaceutical company, he took the rheumatism plaster produced by the pharmaceutical company from the pharmaceutical company in the form of a white slip and handed it over to the sales staff for sale. The sales amount was not recorded in the account, nor was it sold. The tax evasion amount reported to the National Taxation Bureau was more than 7.6 million yuan, accounting for 54.62% of the tax payable during the same period.

The public prosecutor believed that the actions of the defendant's pharmaceutical company and the defendant Mi Jiahong constituted the crime of tax evasion, and requested the court to prosecute the defendant's pharmaceutical company and the defendant Mi Jiahong in accordance with Articles 201 and 211 of the Criminal Law. Hong was convicted and punished.

"Second defendant Mi Jiahong, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges against you in the indictment?" The presiding judge frowned and looked at Mi in the dock. Jiahong.

Mi Jiahong was very calm in the dock. He felt that he had lived half his life, obeyed the law, and had never done anything immoral. However, he was about to retire but inexplicably became the defendant, and he was also the defendant in a criminal case. This It made him feel wronged and angry.

"I do not agree with the charges or criminal facts charged by the prosecutor. I have never taken products from the company, nor have I instructed business personnel to do so. I have no idea that sales funds have not been recorded in the accounts." Mi Jiahong defended .

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

"Defendant Mi Jiahong, what position do you hold in the pharmaceutical company?" the prosecutor asked.

"I am the chairman and legal representative, as well as the director and chief expert of the R\u0026D department." Mi Jiahong said proudly.

"What aspects of work are you responsible for in the company?" the inspector asked.

"I manage the production, inventory, sales, tax declaration and other related departments of the company's pharmaceutical products, but I am not actually responsible..." Mi Jiahong wanted to explain, but was interrupted by the prosecutor.

"Defendant Mi Jiahong, what do I ask and what do you answer? If you have contrary evidence, you can bring it up during the evidence and cross-examination session. Do you understand?" the prosecutor said coldly.

"But what you asked is not the actual situation. I need to explain. Why don't you give me a chance to explain? Where is the fairness and justice you are shouting about?..." Mi Jiahong was angry.

He was originally on fire because he had become the defendant inexplicably, but now it exploded.

"Defendant, calm down, calm down!" Seeing that the defendant was anxious, the judge hurriedly picked up his gavel, knocked it twice and scolded: "Pay attention to court discipline."

Upon seeing this, the bailiff hurriedly walked to Mi Jiahong and pressed his shoulders with his hands to prevent him from acting excessively.

One more chapter to come.