Lawyer's character

The square-faced male lawyer also wants to take this case and make a lot of money, but if he follows the fat lawyer's ideas, people will definitely think that the fat lawyer's ideas are right, and if they ignore him, he will not be a red flower, but an inconspicuous person. Green leaves, so he felt that it was necessary to go in the opposite direction and live toward death, maybe he could get a certain chance. As the saying goes, only by not taking the ordinary path can you win by surprise.

“I think so. Dictionaries, especially some non-professional dictionaries, are not necessarily accurate in interpreting terms in the Criminal Law. Sometimes they are even inconsistent with the normative interpretations made by the Legal Affairs Committee of the National People’s Congress, the Supreme Court and the Supreme People’s Procuratorate. , which conflicts with the provisions of the criminal law itself.

According to the explanation in the dictionary, 'selling sex' refers to women selling their bodies. After the "Decision on Strictly Prohibiting the Sale of Body for Prostitution" was made, the definition of "selling body" in the criminal law has obviously not only limited to women, but also includes the selling of body by men. R body.

It can be seen that the dictionary’s interpretation of criminal law terms cannot be the ‘legal basis’ for determining the crime in a specific case, nor can the dictionary’s interpretation replace the normative interpretation of criminal law terms.

Therefore, I believe that in this case, we can only plead guilty and not plead innocent. "The square-faced male lawyer continued to explain.

The fat lawyer's face was not very good-looking, which obviously meant that he was not professional enough.

Assistant Sven noticed that the rhythm had picked up and sat aside without saying much, just listening quietly.

The professor was holding a tea cup and thinking about it. Two of the four legal professionals at the table had already put forward opposing opinions. He didn't want to be the first to take the lead, but he couldn't wait for his boss to ask for an opinion by name. That would be too much. passive.

“This is what I think, ‘selling Y’ usually refers to the behavior of women engaging in X transactions with unspecified men for the purpose of profit.

However, with the changes in legislation, the behavior of men engaging in X transactions with unspecified women for profit-making purposes should also be regarded as "selling Y."

There are cases for the above two situations. The former is a chicken and the latter is a duck. Everyone here should know this.

With the development of the times and changes in social life conditions, the extension of "selling Y" has a tendency to further expand, and the form has also changed. I have done some research on this topic and have published many articles.

I think that in addition to gender, we should also consider whether this behavior is for profit, and we should consider it comprehensively..." The professor's words went around and around without saying a conclusion. He summed it up in one sentence: This matter is not determined, let's discuss it later. But I have studied this type of case and I am a professional.

Fang Yi felt funny in his heart, the old guy started doing Tai Chi! Can't you say something humane?

"Lawyer Fang, what do you think?" While Fang Yi was watching the show, Mr. Liu spoke.

"I agree with Lawyer Liu's opinion." Fang Yi looked at the square-faced male lawyer. He felt that what this man said was very true, but there was a high possibility that he would not be able to get the commission.

Fang Yi is disgusted with this type of case and doesn't want to take it, but since he is here, he has to say a few words. Labor fees are not easy to get, so he has to show some real skills.

In addition, Fang Yi also had his own little idea. He didn't want to be in the front. Since what the square-faced lawyer said was reasonable, it was better to support him and put him in the front.

"My reasons are:

1. Neither the criminal law itself nor relevant legislation or judicial interpretations have clearly defined the meaning of the term ‘selling sex’ in the criminal law, nor have they clearly limited it to transactions between opposite sexes.

In view of this, ‘selling Y’ should also include same-sex transactions, which does not conflict with current legislation and effective criminal law interpretations.

2. The essential characteristic of ‘selling Y’ as stipulated in the criminal law is that it is an act of selling Y’s body and conducting transactions with unspecified persons for the purpose of profit. As for whether the perpetrator's gender is male or female, and whether the target is the opposite sex or the same sex, these are not factors to be examined in judging and deciding whether the perpetrator's behavior constitutes the crime.

Because whether they are women or men, whether they are of the opposite sex or the same sex, they all violate basic ethical and moral norms, poison the social atmosphere, and corrupt the good social customs.

Therefore, same-sex transactions also constitute the crime of organized prostitution, and holding the organizers criminally responsible does not violate the spirit of the legislation.

3. Society is constantly developing, and the interpretation of criminal law terms is not static. The terms used in criminal law should adapt to social development, combine with the real context, and make interpretations that are consistent with realistic ethics and morals..." Fang Yi explained.

"But if you explain it this way, will it violate the principle of legal punishment? After all, there is no clear legal provision." The professor held the tea cup and felt that he needed to stop him to show his expertise.

Fang Yi looked at the professor and smiled and said: "No, this does not violate the principle of legal punishment. On the contrary, it just implements the principle of legal punishment. As you just said, the times are developing and social living conditions are constantly changing.

Therefore, the meaning of a legal vocabulary also gradually develops and changes; after the completion of the formulation of the law, the words used in it will have new meanings with the continuous development of society.

In other words, no interpretation can provide a final and authoritative explanation of legal vocabulary, otherwise the openness of legal vocabulary will be limited, and legal regulations will not be able to adapt to the development of society.

I believe that when interpreting a certain criminal law term, the precise meaning of the legal term must be defined based on the development and changes of social life facts. Otherwise, the life of the criminal law will be artificially stifled, and the functions of the criminal law in punishing crimes and protecting legal interests cannot be effectively realized. "

Fang Yi's explanation completely followed the professor's explanation just now. Don't you like to talk about social development? Well, I will use your spear to break your shield and see which one is more powerful, your spear or yours. The shield is strong.

How could the professor not know what Fang Yi was thinking, but he couldn't refute it, so he could only hold it in secretly, lowered his head to drink tea and stopped talking. It had to be said that the professor's Qi-nurturing skills were still very good.

The square-faced male lawyer looked at Fang Yi and said to himself: This guy is a good friend, and his words are very powerful at critical moments!

The four people were divided into three parties. Although Fang Yi and the square-faced male lawyer seemed to have the upper hand, Fang Yi knew that the chance of the client entrusting the case to him was almost zero. Because the opinions of myself and the square-faced male lawyer were not in line with the client’s psychological expectations.

Throughout the afternoon, the case seminar turned into a debate meeting. It was not until after five o'clock that everyone ended the debate. After Assistant Sven gave everyone 50,000 yuan in cash, everyone left the conference room.

Secretary Wu rushed over after receiving the message from Fang Yi that the meeting was over.

"Lawyer Fang, how are you?" Secretary Wu asked as Fang Yi got into his Mercedes-Benz car in the underground parking lot.

"This case has little hope. The defendant is the principal culprit for the crime of organizing prostitution. According to the provisions of the Criminal Law, the defendant will be sentenced to five to ten years in prison." Fang Yi replied.

"So serious?" Secretary Wu asked in surprise.