Lawyer's character

“Second, the bankbook is Li Yuanlong’s lost property rather than a forgotten property, and the appellant Zhou Jiangmeng’s behavior does not fall within the illegal taking of other people’s forgotten property as his own as stipulated in Paragraph 2 of Article 270 of the Criminal Law.

Lost things are different from forgotten things. Forgotten things are property that the owner of the thing should have carried but did not take away because of forgetting. The owner of the thing can usually recall the specific location where the property was forgotten, and the forgotten thing is out of the possession of the owner of the thing. The time is usually short, and the owner of the object will quickly go back to look for it. For example, belongings left behind in a taxi when going out to take a taxi are considered forgotten items.

Lost property is the property lost by the owner. It is usually lost for a long time. The owner usually does not know who picked up the property, and the person who found the property does not know or it is difficult to find the owner of the property.

Generally speaking, the owner of a thing has less control over a lost thing than a forgotten thing. The perpetrator's misappropriation of lost things is less subjectively vicious than the misappropriation of forgotten things. To pursue criminal liability for misappropriation of lost things as misappropriation of forgotten things is inconsistent with the essence of the principle of legal punishment.

Third, after the appellant Zhou Jiangmeng was summoned to the public security organ, he admitted the fact of defrauding Li Yuangong's bank deposits and returned all the stolen money. His behavior was inconsistent with the "refusal to hand over" element of the crime of embezzlement.

To sum up, the behavior of the appellant Zhou Jiangmeng does not meet the constituent elements of the crime of embezzlement. The passbook is a lost object, not a forgotten object. Zhou Jiangmeng should be guilty of fraud. complete. "Fang Yi responded.

Yun Qiao, who was sitting at the defense table, looked at the master in surprise. She didn't expect that Fang Yi could still be so capable even when he was off-script. And it makes you feel very reasonable. It seems that the master’s doctorate in law was not obtained through licking, and he has real skills!

…

After a ten-minute adjournment, the presiding judge pronounced the verdict in court.

The Intermediate Court held that: after the appellant Zhou Jiangmeng obtained the passbook, he used deceptive means to conceal the truth for the purpose of illegal possession. The nature of his behavior was fraud rather than theft, and the amount of fraud was huge. His behavior constituted the crime of fraud.

Defendant Zhou Jiangmeng possessed lost items rather than forgotten items, and he admitted the facts after being interrogated by the public security organs and returned the stolen money. His behavior was inconsistent with the constituent elements of the crime of embezzlement, so the prosecutor's court opinion was not valid and should not be adopted.

The defendant Zhou Jiangmeng was a first-time offender and an occasional offender. After the incident, all the stolen money was recovered. After being brought to justice, he had a good attitude of pleading guilty and could be given a lighter punishment. The original judgment found the facts clearly, the evidence was indeed sufficient, and the trial procedure was legal. However, the application of the law was wrong. The final judgment is as follows:

1. Revoke the criminal judgment of the court of first instance;

2. The appellant Zhou Jiangmeng was convicted of fraud and was sentenced to three years in prison, suspended for four years, and fined 10,000 yuan.

After the verdict was announced, for a moment, Zhou Jiangmeng thought that there was something wrong with his ears and that he had heard wrongly. The first-instance court sentenced him to ten years in prison, but the second-instance court actually changed the sentence to a suspended sentence, so he would not have to spend time in jail. This made Zhou Jiangmeng feel like crying with joy.

Zhou Jiangyong, who was in the audience, thought to himself: It’s true that nest grass is expensive. Once you take action, you will get a suspended sentence. It’s really not a matter of saving money to fight a criminal lawsuit. You must find professionals.

Ai Yajie, who was sitting next to Zhou Jiangyong, was also surprised. She didn't expect that Fang Yi was so capable of complaining that he actually turned a ten-year sentence into a suspended sentence...

"Brother, what is probation?" After being surprised, Ai Yajie looked at Zhou Jiangyong in confusion.

"Probation..., a friend of mine was sentenced to probation before. It seems that people do not have to go to jail, but they have to report to the police station regularly. Now it seems that they have to report to the community instead." Zhou Jiangyong thought for a while and explained.

Ai Yajie nodded. It seemed that Plan B was no longer needed, which was a good thing.

Originally, Fang Yi thought that the best outcome for this case would be for the Intermediate Court to sentence Zhou Jiangmeng to three or four years in prison. Unexpectedly, the court directly sentenced Zhou Jiangmeng to three or four years' probation, which was much better than expected.

After the verdict was announced, Zhou Jiangmeng was taken away by the judicial police and had to go back to the detention center to complete the procedures. Zhou Jiangyong and Ai Yajie met Fang Yi and Yun Qiao in the corridor outside the court.

"Lawyer Fang, I booked a private room for noon, and you must eat this meal." Zhou Jiangyong said with a grateful face.

"Yes, Lawyer Fang, you are great. I'll treat you to this meal, and I must choose the best one." Ai Yajie said excitedly.

Zhou Jiangyong glanced at his younger siblings and thought to himself: These old ladies are usually so picky, why are they so generous all of a sudden? He was right again. The second child would not have to go to jail, and the family would be saved. Of course, she would have to thank the lawyer properly.

…

In the office of the legal department of the investment company, Mr. Zhao had just smashed his favorite crystal teacup into pieces. His assistant ran in after hearing the commotion and saw Mr. Zhao breathing heavily and with crystal fragments lying on the ground. .

"Mr. Zhao..." The assistant looked at him confused.

"Old Zhao, why are you doing this?" Vice President Li from the legal department walked in, frowned when he saw the crystal shards on the ground, waved his assistant out of the office, and then closed the door.

Vice President Li and President Zhao are very upright in the Legal Department. Although the relationship between the two is average, they are unanimous in fighting internally and externally.

"This is so fucking bullying. The investment department is a bunch of old fritters who fight among themselves all day long and lose every project they invest in. They can't handle Lao Mi and let us take the blame. What the hell is this! Mr. Zhao said angrily.

"Old Zhao, calm down, can't you see the current situation in the company? The boss is eager to collect the equity of the pharmaceutical company held by Lao Mi and make a deal with the pharmaceutical company that is preparing to go public.

If this can be done, the company will come back to life and have the opportunity to ride on the big ship of a listed company and go out to sea to make a lot of money. If it can't be done, I don't know how many more years you and I can continue to work. Don't take it too seriously, the boss is betting too! Vice President Li advised in a low voice.

"You didn't see the virtue of the veteran in today's meeting. In front of the boss, he opened and shut up and said that our legal department was making things difficult for him, as if we were deliberately making things difficult for him and had a grudge against him.

It’s not like you haven’t seen the contract. Once signed, all the non-competition agreements and intellectual property agreements we signed with Lao Mi will be invalidated. From now on, we will have no control over Lao Mi at all. He can just turn around and set up another company. Compete with us with similar formulas. "I have to say that Mr. Zhao has a strong sense of responsibility and is very dedicated, but he encountered a bunch of pig teammates.

"Old Zhao, you have to think this way. The boss wants to exchange the pharmaceutical company for equity with the senior management of that pharmaceutical company. Once the equity is exchanged, the pharmaceutical company will no longer be ours, and you don't care whether he lives or lives.

We are just working people, and we are exhausted and useless at work. Why are those guys in the investment department so popular? We have to know the boss’s pulse, otherwise they would have been dismissed long ago. "

After saying that, Vice President Li looked at Mr. Zhao, and then advised: "Listen to me, we just have to fulfill the necessary reminder obligations. If something happens in the future, the boss will not be able to find us. We have done everything we should do." .”

Okay, the whole company is thinking about how to escape responsibility. It's strange that such a company can be good.