Lawyer's character

"Oh, that's it! Lawyer Fang, how many years do you think my wife will be sentenced?" In Tong Zhizheng's view, his wife has been arrested, which must constitute a crime. Otherwise, the procuratorate can arrest people at will?

"If this case is true as you said, I don't think it necessarily constitutes the crime of misappropriation of public funds." Fang Yi flicked the ashes in the glass ashtray.

"Well, a lawyer said that before, but then he told me that my wife might be guilty of corruption." Tong Zhizheng's eyes flashed.

"Oh? What do they think constitutes the crime of corruption?" Fang Yi asked curiously.

"The reason is: My Marriott Company exchanged a bank acceptance bill with a certain acceptance period for a transfer check payable on demand. My wife's behavior was essentially taking advantage of her position as a state employee to embezzle the bank transfer check. Discounted interest on bank acceptance bills of equal amounts.

I admit that I took advantage of the hospital's discounted interest, but the hospital did not suffer any loss. The bank acceptance draft I gave also helped the hospital pay off its debt! So I haven't been able to figure it out.

Do you think the court will convict my wife of corruption? "Tong Zhizheng looked at Fang Yi with a confused expression.

"Generally speaking, if the court finds during the trial that the charges charged by the procuratorate are inappropriate, it will prompt the procuratorate to change the charges. However, if the procuratorate does not change the charges, the court has the right to make a judgment based on the charges found during the trial." Fang Yi explained.

"Does that mean it's possible to convict my wife of corruption?" Tong Zhizheng asked with a tangled look on his face.

"What I just said was only possible situations that may arise in the court during the trial, but I don't think your lover's case constitutes a crime of corruption." Fang Yi finished speaking and picked up the tea cup.

Tong Zhizheng stopped when he saw that Fang Yi was halfway through his words. Not even mentioning his ugly appearance, he felt as uncomfortable as being scratched by a cat. He immediately took out a pile of money from his handbag and placed it on the tea table: "Lawyer Fang, I know you have to pay consulting fees to find a lawyer. I don’t know how much you charge per hour. Let’s just make friends and you accept the money.”

Fang Yi was startled and glanced at the money on the table. There was a thick pile of 10,000 yuan.

He immediately understood that Tong Zhizheng must have misunderstood what he meant. He was just thirsty and drank from a cup, but he had no intention of asking for consultation fees.

"Mr. Tong, you are making a big deal out of yourself by doing this. You are Sister Lan's friend, how can I ask for your consulting fee." Fang Yi put down the teacup and said: "I said that your lover is not enough to commit corruption. I am not just talking nonsense and lying." Your consulting fee.”

Tong Zhizheng nodded quickly: "Well, I understand that you are a well-known local criminal defense lawyer. I know that you are here today not for money, but for your relationship with Sister Lan.

But I must pay this money. This matter is related to my lover's personal freedom. You can answer my questions and answer my questions. It is only natural that I pay you. You don't have to shirk it.

You said that my lover is not enough to be convicted of corruption. What is your reason? "

"If what you just said is true, I haven't seen the case file now, I mean if..., you know what I mean." Fang Yi first limited the prerequisites to avoid major changes in the case, and Tong Zhizheng said that he was in vain.

"Well, what I said is absolutely true. I believe what my wife said in the procuratorate is the same as what I told you." Tong Zhizheng replied, with an expression that almost swore to God.

Fang Yi was startled again, are they the same? There are only two situations where Mr. Tong dares to say this. One is that the couple has discussed it before and has the same external stance; the other is that it is the truth and there is no need to make it up.

"I believe that your lover Liu Mengge did not illegally occupy public funds, and his behavior does not constitute corruption. The reason is:

First, in this case, the drug dealer and medical equipment dealer did not immediately discount the unexpired bank acceptance draft after obtaining it, so there was no issue of loss of discount interest.

Bank acceptance bills not only serve as credit instruments, but also as payment instruments. When a bill of exchange is used for transactions through endorsement or other instrument acts, it has the same effect of settling debts as cash or checks of equal amounts.

Previously, some lawyers believed that your lover was suspected of corruption. I think the bill discount they considered was just an assumption. It is assumed that the holder may discount the bill immediately instead of using the bill through other bill behaviors such as endorsement. The holder is also Drug dealers and medical equipment merchants will lose discount interest. But this is a mode of thinking that replaces necessity and reality with possibility.

Criminal law only punishes actual harm or danger, not potential harm or danger. In fact, the real bills of exchange provided by your lover Liu Mengge and endorsed by the county hospital and transferred to pharmaceutical and medical device suppliers have been paid in full by the bank after being endorsed and transferred, and the suppliers of the county hospital have not lost any so-called interest discounts.

It can be seen that no one suffered loss of interest subsidy in this case. In other words, there is no factual basis for thinking that your spouse possesses this part of the interest subsidy. "

After finishing speaking, Fang Yi looked at Tong Zhizheng, who nodded continuously while thinking about Fang Yi's words.

"Second, the object of the crime of corruption is the money of the unit. In this case, after the bank acceptance bill was delivered to the supplier of the county hospital, the hospital's debt was settled.

Assume that the supplier of the county hospital immediately discounts the bank acceptance bill after receiving the unexpired bank acceptance bill. Your spouse has misappropriated the interest discount in some way, but this part of the discount interest is also a loss suffered by the county hospital supplier.

After the creditor's rights and debts between the county hospital and the supplier are settled, the hospital will not bear any losses, but it is the supplier's interests that are really harmed.

Therefore, I believe that in this case, your lover's behavior does not constitute corruption. "Fang Yi continued to explain.

After finishing speaking, Fang Yi picked up the tea cup and drank tea by himself. Tong Zhizheng took out a cigarette, lit it and smoked while digesting what Fang Yi had just said. Although he doesn't know much about the law, he understands bank drafts and still has basic logical thinking.

After a moment, Tong Zhizheng slapped his thigh and looked at Fang Yi: "Lawyer Fang, I understand what you mean. You are right. There is indeed something wrong with what the lawyer said before. This matter has nothing to do with the county hospital at all.

What about the crime of embezzlement of public funds? Is my daughter-in-law guilty of embezzlement of public funds? "

"As I said just now, your lover may not be guilty of embezzlement of public funds. Of course, this is just what you said. After all, I haven't seen the case file." Fang Yi left a gap in what he said, but did not say it to death.

"Oh? How do you explain this?" Tong Zhizheng's eyes shone with excitement.

"Although your lover Liu Mengge transferred public funds from the county hospital to your company, she also handed over the bank acceptance draft of the same amount to the accountant of the county hospital for entry, and paid it to the supplier of the county hospital as medicine.

The acceptance of the bank acceptance bill is guaranteed. During the entire incident, your spouse did not cause any losses to the county hospital. The supplier was honored when due and there was no loss. Therefore, your spouse’s behavior does not qualify as misappropriation of public funds. elements of crime.

I believe that your lover Liu Mengge’s behavior is only a violation of financial disciplines. It is not harmful to society and should not be considered a crime. "Fang Yi explained.

There are two more chapters in the evening.