Lawyer's character

He did not expect that the price for attending a case seminar would have risen to 80,000 yuan. He remembered that the last time someone asked him to study a case, the fee was only 50,000 yuan.

In fact, Fang Yi doesn't know that as his reputation in the circle and influence in the professional field continue to rise, his worth has risen in Ouyang Jie's circle.

…

On Thursday morning, the Zhang Han theft case was heard in the county court...

"Defendant Zhang Han, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of committing? Do you have any objection to the criminal facts accused in the indictment?" Because there are many defendants, the court dealt with the facts of the case separately. investigation, the presiding judge looked at Zhang Han, who had just been brought into the court, and asked.

"Listen clearly, I have objections. I am not an accomplice, and it does not constitute the crime of theft. I didn't know anything about Yang Zugang and the others when they stole the cables, and I have never seen them before.

It was Yan Yunzhe who contacted me and said that someone was selling cables and asked me if I wanted them. I bought the cables from Yan Yunzhe..." Zhang Han defended.

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

"Defendant Zhang Han, was it Yan Yunzhe who contacted you, or Yan Yunzhe who was contacted by you?" the female prosecutor asked.

"He contacted me," Zhang Han said.

"Was it before or after the theft in this case was committed?" the female prosecutor asked.

"Before implementation." Zhang Han replied.

"What did he say?" The female prosecutor looked at the interrogation transcript.

"He asked me if I wanted cables. Someone was selling new cables, unopened. I said I wanted them and asked him how many he had. He told me that the number was quite large. Then I called an old customer and asked him. He said he would charge as much as he wanted. Later I negotiated the price with him," Zhang Han replied.

"Did you know that the cable was stolen goods?" the female prosecutor asked.

"I know, he said someone was shipping the goods, and I realized it might be stolen goods." Zhang Han replied.

"Did you buy other goods from him?" the female prosecutor's eyes lit up and she suddenly asked.

"Bought it!" Zhang Han looked at the female prosecutor.

When Meng Guangda heard this, his heart skipped a beat. Was he trying to reduce his sentence for meritorious service or something like that?

"What did you buy?" the female prosecutor asked.

"I bought some electronic components for computer repair. He is a wholesaler of electronic components. I set up a stall in the electronics mall to repair computers for people. I often buy goods from him." A flash of light flashed in Zhang Han's eyes. A sarcastic look.

The female prosecutor's expression was not very good: "I'm asking you, apart from collecting dirt this time, have you ever collected dirt from him?"

"No, we were doing serious business before. This time he came to me because he thought I had a lot of connections and a good reputation. He called me and said that this deal could make a lot of money. If I hadn't been fooled by lard, how could I Maybe I took the cable from him and sold it." Zhang Han looked remorseful, and he didn't know whether he regretted not being careful enough or really regretted doing this.

Yu Wendong, who was sitting next to Meng Guangda at the defense table, was amused: Serious business? ! What the hell if you could be dealt with before you started doing serious business, now you can sit in the dock? Can you do serious business in an electronics mall and be able to withstand your wife's behavior all day long? !

Not only did he not believe it, but neither did the female prosecutor opposite him. But if you don’t believe it, you can’t just accuse him without evidence.

"Do you know Yang Zugang and others?" The female prosecutor calmed down and continued to ask.

"I met him on the day of the transaction, but I didn't know him before." Zhang Han shook his head.

"Yan Yunzhe never mentioned Yang Zugang and others before?" the female prosecutor asked.

"I really didn't mention it. Yan Yunzhe was afraid that I would skip him and contact the upstream directly, so he didn't tell me who shipped the goods." Zhang Han looked innocent.

"Presiding Judge, we've finished asking questions." The female prosecutor stopped the interrogation when she couldn't get anything out of the question.

“Defendant Zhang Han’s defender asked the defendant questions,” the presiding judge said.

"Defendant Zhang Han, please recall carefully. Before the transaction day, had you ever met Yang Zugang or Bai Shi? Have you contacted them?" Meng Guangda asked.

Yang Zugang and his group were led by Yang Zugang and Bai Shi. All the theft plans were made by them. Others were completely unaware of the situation and did not tell other members of the gang until an hour before the theft was carried out. This is also the measure they took to avoid leaks.

Meng Guangda asked this question to strengthen the judge's impression of this fact.

"Heaven and Earth Conscience, I really have never met them. I don't know these two people. When Yan Yunzhe came to me, he only said that someone was shipping, but he didn't tell me who it was. He asked me to wait for the call. I was just a dirty collector, and the others I really don’t know.” Zhang Han emphasized again.

The public security organs conducted investigations for more than a month, and most of the stolen cables were recovered. There are both personal and physical evidence, and Zhang Han can’t even admit it.

No one wants to take the blame when something goes wrong. On the contrary, some people are quick-thinking and cooperate with the police very much in order to reduce their sentences for meritorious service. However, this is limited to the circumstances of this case and they do not mention other situations. Otherwise, they will cause trouble for themselves. Cause trouble for your family. All of them are really old fritters!

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "said the presiding judge.

"Presiding Judge, Judge: We believe that defendants Yang Zugang, Bai Shi, Yan Yunzhe and others jointly participated in planning to steal cables in the warehouse of the cable factory, and defendants Zhang Han and Yan Yunzhe colluded to jointly plan the sale of stolen goods. Yang Zugang, Bai Shi, Yan Yunzhe They constituted a joint crime with Zhang Han. Among them, Yang Zugang and Bai Shi were the perpetrators of the theft, and Yan Yunzhe and Zhang Han were the accomplices.

In view of the extremely huge amount of cables stolen by the defendant, Bai Shi assisted the public security organs in capturing Yang Zugang. There were meritorious circumstances and he was given a lighter punishment in accordance with the law. Yan Yunzhe and Zhang Han were accomplices.

We recommend that defendant Yang Zugang be sentenced to life imprisonment, Bai Shi be sentenced to 15 years in prison, and Yan Yunzhe and Zhang Han be sentenced to 10 years in prison respectively. complete. "The female prosecutor expressed her opinion.

…

"Defendant Zhang Han's defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that the defendant Zhang Han is not an accomplice of Yang Zugang, Bai Shi, Yan Yunzhe and others, and does not constitute the crime of theft. Zhang Han's behavior constitutes the crime of concealing criminal proceeds. The specific reasons are as follows:

The defender believes that in criminal law theory, there are two main legal bases for conspiring with the perpetrator of theft in advance and then selling the stolen goods afterwards to establish an accomplice in theft:

The first point is that the criminal who sells stolen goods and the criminal who commits the crime must subjectively form a common intention to commit a crime.

The second point is that the behavior of criminals who sell stolen goods plays a role in encouraging and supporting the criminals to implement their determination and commit crimes.

As long as the above two points are met, it meets the requirements for constituting a joint crime. It is an accomplice in a joint crime and should be punished as an accomplice..." Meng Guangda took the defense opinions and began to express his opinions in a straight tone.