Lawyer's character

"Yes, I agree! You are right." Liu Xiaohua replied subconsciously.

She doesn't understand the big theory, but she can completely understand what Fang Yi said about 'trading'. The matter of borrowing money between individuals... does not seem to be very different from daily market transactions.

“Secondly, Liu Xiaomin’s promise to collect debts for the victim free of charge does not constitute a ‘transaction’ as referred to in the crime of forced transaction.

What is a transaction? From ordinary people's understanding, in order to achieve a specific cooperation, both parties pay a price, which can be called a transaction. For example, you go to the vegetable market to buy vegetables, or you go to the mall to buy eggs.

However, judging from the description of the crime of forced transaction in the Criminal Law, this article protects the market economic order and punishes those behaviors that seek illegal economic benefits through unfair transactions.

Therefore, this crime can only be established if it occurs in commercial business activities. The defendant in this case forced the victim to borrow money in exchange for writing an IOU and promising to collect the victim's debt, which was not within the scope of the crime. Therefore, Liu Xiaomin's behavior was not a 'transaction' within the meaning of the crime of forced transaction. "After speaking, Fang Yi paused and looked at Liu Xiaohua.

Liu Xiaohua nodded silently, seeming to understand Fang Yi's words. Free debt collection does not seem to have anything to do with business activities.

“Third, in this case, Liu Xiaomin conceptually had the purpose of illegally possessing other people’s property.

Judging from the relationship between the defendant and the victim, the defendant Liu Xiaomin once worked for the victim, and the two parties were just acquaintances. Under such circumstances, it was impossible for the victim to lend such a large sum of 1.5 million yuan to the defendant.

It was precisely because of this that the defendant deceived the victim and used violence to 'borrow' money from him. At the same time, the real estate mortgage mentioned by the defendant did not exist at all, and he had no ability to repay.

According to the judgment, Liu Xiaomin had debts of more than 900,000 yuan before committing the crime, and he had no real estate in his name.

In other words, the defendant Liu Xiaomin has neither the ability nor the willingness to repay the loan. His behavior is actually robbery under the guise of "borrowing money". Therefore, it fully meets the constituent elements of the crime of robbery and should be deemed as a crime of robbery. .

In addition, according to the relevant provisions of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery", although the defendant did not actually take money from the victim, he used violent means to cause minor injuries to the victim and was charged with robbery. The object is a dual object (the ownership of public and private property and the personal rights of citizens), so the defendant’s behavior is still a completed crime of robbery.

From the perspective of sentencing, although the defendant tried to rob a huge amount of money (1.5 million yuan), he did not actually rob the money, so he cannot be sentenced to "fixed-term imprisonment of more than ten years, life imprisonment, or death penalty" The sentence should be within the statutory sentencing range of three to ten years in prison.

Therefore, I personally think that the court of first instance has no problem with the sentencing of defendant Liu Xiaomin for the crime of robbery. The possibility of changing the verdict in the second instance is slim. "Fang Yi explained.

Liu Xiaohua's eyes were full of disappointment. Although she didn't understand everything Fang Yi said, she understood the final conclusion given by Fang Yi.

"Lawyer Fang, can you..." Liu Xiaohua refused to give up on this case and wanted Fang Yi to give it a try.

"Ms. Liu, even if I handle this case, I'm not sure about the second trial." Fang Yi declined.

There is no hope for the second trial of this kind of case. Fang Yi will be in pain even after that. Rather than unreasonably messing up three points in court, making the judge and the procuratorate look down on him, and ruining the reputation he has finally earned, it is better not to make this money. .

Now that everyone had said that, Liu Xiaohua felt that there was no point in staying any longer, so she stood up and left, paid the consulting fee of 3,000 yuan, and left the conference room.

Li Mingbo chatted with Fang Yi for a while, and seeing that it was almost time to get off work, he asked Fang Yi to have dinner after get off work. Fang Yi felt that he had not seen his old friend for a long time, so he agreed.

As soon as Liu Xiaohua walked to the door of the law firm, a thin man chased her out.

"Madam, please wait a moment." The thin man said while chasing.

"Did you call me?" Liu Xiaohua stopped when she saw that there was no one else around.

"Yes, I am calling you. Let me introduce myself. My surname is Guo, and I am a lawyer from this law firm. Are you here to consult on a case?" The thin man looked around and whispered.

"Yeah, what's the matter?" Liu Xiaohua replied doubtfully.

"Let me introduce myself. I am a partner of this law firm. I specialize in various civil and criminal cases. I see that you look unhappy. If you can tell me, maybe I can help you." Lawyer Guo said.

"Do you also do criminal cases?" Liu Xiaohua was happy to hear that the other party was a partner.

Although she didn't know how professional her partner was, she subconsciously felt that he should be like the village chief.

"Let's do it. I have handled a lot of criminal cases in recent years. A few days ago, I defended the son of a bank president.

It's not convenient to talk about the case here, so I just made an appointment in a conference room. We can go talk. "Lawyer Guo smiled.

"Okay, are you really a partner?" Liu Xiaohua was a little doubtful, but she had already followed him.

After the two left the front desk, the two girls sitting behind the front desk curled their lips.

"What number is this?" the round-faced girl asked.

"The third one." The oval-faced girl replied with a look of disgust.

"I wait here every day to pick up leaks and pry firms, and I still claim to be a partner. Why is this lawyer Guo so big-faced? I'm surprised, when did our law firm get such a group of people? No wonder Director Wan has withdrawn." ." The round-faced girl complained.

"Shh, keep your voice down. Why do you worry so much about earning this salary?" The girl with an oval face looked around and whispered.

"I just can't stand it. Our law firm is finished. I'll go back and ask Director Wan if the new law firm needs a front desk. If so, I'll quit." The round-faced girl whispered.

"Well! When you ask, ask for me too." The girl with an oval face said helplessly.

In a restaurant not far from the law firm, Li Mingbo was pouring wine for Fang Yi.

"Lawyer Fang, I heard that many partners in your law firm have transferred to other firms?" Li Mingbo asked after pouring the wine for Fang Yi, putting down the beer bottle.

"Well, there is some disagreement among the top management of the law firm. The boss of our team took the team out to build a new law firm." Fang Yi did not hide this from him, and he could not hide this matter.

"You didn't follow?" Lee Myung-bak asked while eating.

"I'm in the process of going through the procedures to withdraw from the partnership and will be transferred there in June. My team's lawyer has already been transferred. How are you doing there?" Fang Yicha changed the subject. (End of chapter)