Lawyer's character
Chapter 901 What is ‘goodness’
Fang Yi picked up the tea cup and was about to drink tea, but stopped again and continued: "What if the little girl also gave up inheriting the inheritance left by her father? Wouldn't she have to bear the debt? Of course, this is a bit hindsight.
The main reason is that the child is too young, and her guardian must exercise power on her behalf, and the relinquishment of inheritance is time-limited (Article 1124 of the Civil Code stipulates that after the inheritance begins, if the heir gives up the inheritance, he must give up the inheritance before the estate is disposed of. Make a written statement to give up inheritance; if there is no expression, it will be deemed to be acceptance of inheritance).
Why! Things that can obviously be solved are becoming more and more complicated. The law is to resolve disputes and solve problems, but the result is...
But the matter has reached this point, the procedures have been completed, you are not an agent, and you do not understand the details of the case, so it is really difficult to manage. "Fang Yi shook his head.
"I have studied law for so many years and handled cases for so many years, but now, I feel more and more unfamiliar with this industry..." Wang Deyou had a trace of confusion in his eyes.
"Old Wang, this shows that you are not a nerd who sticks to the law. You can jump out of the legal provisions and look at problems from a social perspective. Do you know what 'goodness' is?" Fang Yi was startled and said after a moment.
He was afraid that Wang Deyou would fall into a misunderstanding of self-understanding, be unable to extricate himself, and eventually lose his job.
Wang Deyou opened his mouth, but finally shook his head. He felt that the concept of 'goodness' was right on his lips and he could say it casually, but if he was asked to say it, he didn't know how to say it.
"Being clear of conscience is the greatest kindness. We can't control others, we can only be kind to ourselves. You don't have to think too much. The progress of society and the progress of the legal system cannot be achieved by us in a few words, but what we do has its significance. Meaningful." Fang Yi sighed.
Wang Deyou nodded.
"Lao Wang, as lawyers, we see too many negative things. You have to manage your emotions well and don't take your emotions home with you at work. That's not good.
Our work is for the advancement of the rule of law and social harmony in a big way; in a small way, it is to improve the living conditions of the family and make the family live a better life.
Why don't you also find a hobby, instead of just working on cases all day long, go fishing at the river, or learn from your boss and do tea art. Or go for a run or play ball, and find an outlet for your emotions. "Fang Yicha changed the topic.
"I don't know how to fish. Sitting all day long is too tiring. When I run and play ball, my belly is getting bigger and my physical fitness is getting worse. I can't run anymore. Drinking tea is fine, but if I study like the boss, I'll have a lot of money in my pocket." We don’t have enough money, so let’s forget it.” Wang Deyou said, shaking his head.
"Then what do you choose?" Fang Yi asked curiously.
"Run away! Walking doesn't cost anything, and it's easier than running. It's just about drinking more water." Wang Deyou laughed.
"It's just a bit expensive!" Fang Yi added.
"No matter what, a pair of Jai-alai sneakers worth tens of dollars, buying a pair a year is nothing. Let's go back to work." After chatting, Wang Deyou felt much better, and he got up and walked out the door.
"Old Wang, you are really stingy." Fang Yi smiled and cursed at his back. After a moment, he realized something was wrong. Old Wang was using himself as a trash can!
…
On Friday afternoon, the team held an internal seminar in Fang Yi's office to discuss the Fang Yunlin intentional homicide case undertaken by Meng Guangda.
Although there is an internal conference room in the institute, everyone is still more accustomed to going to Fang Yi's office to discuss cases and hold various internal meetings.
"Lawyer Fang, are there any popsicles in the refrigerator? It's too hot today. I lost at least a pound when I went out. This is due to sweat." Zhou Ying wiped away the invisible sweat and opened the small refrigerator in the corner of the office. .
Zhou Ying suggested that everyone pool their money to buy this small refrigerator for Fang Yi. She said it was for Fang Yi. In fact, she and Yun Qiao used it the most, but everyone also benefited. There was never a shortage of cold drinks in the refrigerator.
Fang Yi had a look of contempt on his face: "I said I don't want a refrigerator, but you insist on buying it. Every time you open the refrigerator, the most things in it are yours and Yun Qiao's things. Hey! How about I sell the refrigerator to you at a discounted price?"
"That's not appropriate." Zhou Ying smiled and took out the ice cream to share with everyone.
"What's inappropriate? Are you still embarrassed?" Fang Yi almost laughed in anger.
"I mean it's not suitable for me!" Zhou Ying took a box of ice cream and placed it in front of Fang Yi: "Think about it, if the refrigerator is placed in your office, I don't have to spend money. If you move it to my house, I have to pay for the electricity. "
"I'll go and work with you just to save some electricity bills!" Fang Yi was speechless.
Everyone was holding back their laughter, it was very painful.
"Okay, let's have a meeting. Today we are going to talk about Lawyer Meng's case. Lao Meng, you or Yuwen, who will introduce the case to everyone?" After Fang Yi finished speaking, he picked up the ice cream and started eating it.
Everyone was eating ice cream and looking at Meng Guangda and his apprentice.
"Let me introduce the case. The defendant's name is Fang Yunlin, and the charge is intentional homicide..." Yu Wendong put down the ice cream, stood up, came to the whiteboard, and began to introduce the case.
The team’s lawyers’ habit of using a whiteboard to analyze cases was brought over from Wanhua United Law Firm to Sidley Austin Law Firm. Fang Yi paid for the whiteboard.
"Lao Meng, what are the controversial points in this case?" Fang Yi asked after Yu Wendong finished introducing the case.
"The facts of this case are not complicated, and there is no dispute about the conviction. The defendant committed intentional homicide. But I am not sure about the sentencing.
In the "Criminal Law", the victim's fault is a discretionary circumstance in sentencing. In this case, the victim Gu Chuanfu (sixth son) pestered the defendant several times to ask for the stolen money due to the uneven distribution of the stolen goods, and threatened violence and took away the money and property. , whether it can be determined as fault is the key to sentencing in this case.
I don’t know what everyone thinks about this issue. "Although Meng Guangda had already predicted the outcome of the case, he felt it was necessary to listen to everyone's opinions because it was about human lives.
"Yun Qiao, what do you think?" Fang Yi looked at Yun Qiao who was sitting on the sofa eating ice cream.
"I probably understand the facts of the case. The behavior of the victim Gu Chuanfu was a wrongful act. Before the incident, he asked the defendant Fang Yunlin for money many times and threatened to kill Fang Yunlin's family if he did not pay. The defendant Fang Yunlin was forced to kill the victim only when his person and property were threatened.
Therefore, the victim's behavior was a wrongful act, and Fang Yunlin's intentional homicide was excusable. Therefore, I speculate that the court should consider the victim's fault when sentencing, and it is very likely that the defendant will be sentenced to a suspended death sentence. Yun Qiao stopped the small spoon in his hand, tilted his head and thought for a while.
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