Lawyer's character

Zhou Ying also looked at Fang Yi: "Lawyer Fang, Sister Bao and I are from the same hometown. Can you give me a discount on the fee?"

She finally figured it out. Bao Li's meaning was very clear. If she didn't give her a discount and make her feel that she was taking advantage, I'm afraid she wouldn't be able to sign the commission procedure today.

As soon as Zhou Ying's words came out, Fang Yi immediately understood what she meant.

"Well, it's not easy for your family. Demolition is originally a good thing and can improve the living environment, but this happened. I'll give you a 10% discount and a lawyer's fee of 135,000 yuan.

You can pay in two installments. The first payment is 35,000 yuan. After we review the case, you can pay the remaining 100,000 yuan in legal fees before the trial. Of course, before the second legal fee is paid, you can choose to terminate the entrustment without paying subsequent fees.

Although you live in the next city and not in this city, but your county is not too far from this city, we will not charge travel expenses. "Fang Yi thought for a moment and said after a moment.

"Okay, thank you, thank you, Lawyer Fang." Bao Li looked grateful. I don't know if he is really grateful or just pretending, but for Fang Yi, it doesn't matter, just agree to the commission, the most important thing is to get the case done.

After Bao Li paid the first legal fee, she left the law firm.

On the way back to the office, Fang Yi happened to see Lao Song coming in with his bag, so he wanted to chat with him and hear his views on the current team development.

"Lawyer Song, is the court in session?" Fang Yi asked with a smile.

"Well, the second instance of a case was held this morning, and the verdict has been announced." Song Hui was in a good mood.

"Are you free? Come to the office and try my new Pu'er?" Fang Yi invited.

"Okay, I'll be there right away." Although Lao Song was low-key, he was not stupid. He knew that Fang Yi must have something to do with him.

Five minutes later, at the tea table in the office, Fang Yi was sitting on a large armchair, making Pu'er tea. Song Hui across from him smiled and watched his movements: "Your tea skills are as good as those of the boss."

"I don't dare to say that. The boss spent money to learn it. We practiced it at home, so we can't compare." Fang Yi pretended to be modest.

"Haha, Lao Fang, you have a tea master in your family. You don't have to go out to spend money to learn. You can practice at home. Others have to spend money to learn, and you make money..." Song Hui said with a smile.

"Low-key, must be low-key. It would be so sad if the boss heard this." Fang Yi chuckled and said, "What case are you busy with recently?"

"When I first came here, Lao Xie gave me a rape case. The defendant was a foreigner and the victim was an employee of his company..." Song Hui immediately started talking about the case, and Fang Yi couldn't stop him even if he wanted to. .

The facts of the case are as follows. The defendant's surname is Park, Park Yongzheng, and he comes from the country of Bangzi. The company he works for is headquartered in Bangzi, and the group company sent him to China as the general manager of its subsidiary.

It is said that when he was in Bangzi Kingdom, Park Yongzheng was dealt with by the company because of his lifestyle issues, but because of his relationship with the company's senior management, he was spared and was not fired. Later, because his reputation was too bad, he was sent to serve in China. He was asked to transition for a while before being transferred back to China.

After Park Yongzheng came to work in China, he consciously believed that the mountains were high and the emperor was far away, and the old guys in the group could not control him. After a period of silence, he fell into his old habits again and became more and more courageous.

Six months ago, the company had an urgent project, and the project team members worked overtime late. Park Yongzheng had coveted a female employee named Liu in the project team for a long time, so he had someone prepare a late-night snack for the project team.

At around ten o'clock in the evening, the project team members finished their overtime work and went home one after another. He deliberately left Xiao Liu behind and called him to his office, saying that there was something in the project document that needed to be modified.

When Xiao Liu walked into the office, Park Yongzheng suddenly closed the door and molested her. Xiao Liu took the opportunity to walk out of the office in order to get rid of his unreasonable entanglement.

Pu Yongzheng did not give up and followed her. When he passed by the lounge, he forcibly dragged her in. Xiao Liu struggled to resist, and Pu Yongzheng beat her continuously, forcibly stripped her of her clothes and pants, and used violent means to have sex with her.

After Pu Yongzheng was satisfied, in order to cover up his crime, he stuffed a thousand yuan into Xiao Liu's pants pocket.

Although Xiao Liu looked weak, she had a stubborn temper. She immediately called the police after she left. When the police saw that she was injured, they summoned Pu Yongzheng to the police station.

Shortly thereafter, the case was transferred to the Procuratorate, which prosecuted Park Yongzheng for rape.

Park Yongzheng raised a jurisdictional objection, saying that the court had no jurisdiction on the grounds that he was not a native of the country.

"No jurisdiction?! Did Comrade Lao Pu get kicked in the head by a donkey and think he lives in the Qing Dynasty?" Fang Yi said with a smile.

“What it means is that according to the principle of territoriality (or territorial principle), regardless of whether the offender is a national or a foreigner, whoever commits a crime within the territory of the country shall be subject to the jurisdictional principles of the criminal law of the country. The court has jurisdiction.

When I went to the detention center to meet with him, I told him all the legal provisions, but Park Yongzheng was stubborn and wanted to raise jurisdiction objections. I thought to myself, let’s just bring it up. We can’t stop it. This is someone’s right.

In the end, the court ruled and rejected his jurisdictional objection.

Later, he proposed that his behavior did not constitute rape, but singing, and gave him a thousand yuan. However, according to the evidence in the case, the defendant forcibly had sex with the victim when she explicitly refused, and the victim had multiple bruises caused by beatings. The defendant also had injuries on his body, which were caused by the victim's arrest.

I can only defend him as a minor offender. In fact, for this kind of guy, to be honest, I really don’t want to defend him, but the legal fees paid by the client are relatively high... I feel very uncomfortable. "Song Hui was a little confused.

Yes, there are always many gaps between reality and ideals, and sometimes we have to compromise.

"What was the final verdict?" Fang Yi poured him a cup of tea and asked.

"The court of first instance held that the behavior of the defendant Park Yongzheng constituted the crime of rape. According to the "Criminal Law", 'all crimes committed within the territory of the People's Republic of China, unless there are special provisions of the law, shall apply to the provisions of this law.' The court of first instance ruled: The defendant was convicted of rape and sentenced to seven years in prison; the stolen money of RMB 1,000 was confiscated in accordance with the law.

After the judgment of the first instance court, the defendant refused to accept the verdict and appealed on the grounds that it was an illegal act of soliciting prostitution and not a crime of rape. The court of second instance rejected his appeal and upheld the original verdict.

I just got the verdict back. "Song Hui replied.

"Okay, you don't have to take it too seriously. We lawyers have our job as lawyers, as long as we don't violate our conscience. We are not trying to let him escape responsibility, but to let him receive a fair trial.

Emotionally speaking, I think the court sentenced him lightly, and this guy should be made a eunuch. But as legal practitioners, we have to treat every case rationally.

Although we are very superior to many cases and would like to point at the defendant’s nose and yell at him or kick him, but that does not solve the problem. "Fang Yi advised.

There is another chapter in the process of being typed and will be released later.