Lawyer's character

"I picked up five orders." The thin-faced young man sighed and continued: "Two orders need to go to the Supreme Court of Beijing to apply for retrial, but they were rejected directly by the court.

The two cases are murder cases. I want to reduce the sentence. The second trial is about to begin. I heard from the lawyer that it is basically a matter of going through the procedures and there is no hope at all. Moreover, the requirements of the parties involved were quite high, and no one would be satisfied with the distribution. It is said that one of the orders has been terminated and the money has been refunded. "

"Isn't there another order?" said the round-faced young man, counting on his fingers.

"Hey! He's an old SF client, and he talks about laws more fluently than a lawyer. How do I sign it? The director called me to the office and scolded me.

At first, the director asked me to come here to attract clients. He said that as long as the client's criminal case came out, he would be detained in the office as much as possible. But when he was brought back, he was scolded and it was impossible to do this job. "The thin man complained.

"Hey! Who says it's not the case? You said that this Shengde Law Firm is really true. It signs all the cases that look good to us. If others don't sign, we can't sign it. For this job, we might as well go to the court to solicit customers. "The round-faced young man also echoed.

"Another one came out..." The round-faced young man had already stood up and rushed over.

When the thin man heard this, he stood up a little suddenly and felt dizzy, with little gold stars appearing in front of his eyes. He hurriedly held on to a small tree next to him and raised one leg like a dog peeing: "Wocao, my leg is numb from squatting!"

…

Early the next morning, Fang Yi and Yun Qiao first went to the detention center to meet with Liu Mengge. The latter was very good-looking. Maybe he felt less burdened after taking the initiative to confess to the procuratorate, and his mental state was acceptable.

The incident described by Liu Mengge was indeed similar to what her husband Tong Zhizheng said before. Then Fang Yi and Yun Qiao went to the court to review the papers.

"Yun Qiao, please contact the Procuratorate. Judging from today's meeting and review, this matter is not complicated. I want to talk to the prosecutor in charge of the case and submit a lawyer's opinion." On the way back, Fang Yi Thinking.

"Okay. Master, do you think this case might not be a crime enough?" Yun Qiao heard Fang Yi's subtext.

"Well, this case is actually quite obvious. If the court decides, I feel that the evidence is somewhat insufficient. I don't know why the procuratorate will transfer this case to the court." Fang Yi didn't understand.

When he was about to get off work in the afternoon, Fang Yi kicked out the lawyer's opinion on Liu Mengge's embezzlement case. He had just stretched himself and wanted to take a rest when Yun Qiao came in and told him that the procuratorate had made an appointment and he would go to the procuratorate at ten o'clock tomorrow morning.

Meng Guangda had just picked up his bag after clearing the case files on the table and was about to go home. Yu Wendong told him that Dabao had brought him another case and that the client would come to the law firm for an interview tomorrow.

Early the next morning, Fang Yi went over the lawyer's opinion again, revised it, printed a copy, and asked Yun Qiao to take it with him, and then the two of them went to the procuratorate.

After waiting for a while at the gate of the Procuratorate, a young female prosecutor came out.

"Who is Lawyer Fang Yi?" The female prosecutor stood at the gate and shouted to the people outside.

"Yes, this is our entrustment procedure." Fang Yi hurried over and handed over the entrustment procedure and lawyer's certificate.

The female prosecutor took the formalities and lawyer's certificate, glanced at Fang Yi and Yun Qiao expressionlessly, and said "hmm" in her nose: "Follow me."

After entering the office building, Fang and Yi were arranged into a small office. After waiting for about ten minutes, a male prosecutor with gray hair who looked to be in his forties walked in.

"Hello, Lawyer Fang, I am the prosecutor in charge of the Liu Mengge case. My surname is Gao. Are you here to discuss the case or..." The male prosecutor sat down and looked at Fang Yi.

"Hello, Inspector Gao. Yes, I came here today mainly to communicate the case." Fang Yi said.

"Oh, there was something wrong with the prosecutor before. I just took over this case two days ago and I have read the general facts of the case. Please tell me your opinion first." Inspector Gao's attitude was very polite.

Fang Yi was startled. He didn't understand why the prosecutor handling the case was suddenly changed.

"This is our lawyer's opinion. I think the defendant Liu Mengge is not guilty of misappropriation of public funds." Fang Yi took the lawyer's opinion printed in the morning from Yun Qiao and handed it over.

"Oh? Please tell me the reason." Prosecutor Gao took the lawyer's opinion and asked after taking a look at it.

“We believe that based on the existing evidence and facts of this case, defendant Liu Mengge’s behavior does not constitute the crime of misappropriation of public funds for the following reasons:

1. The essential characteristic of the crime of misappropriation of public funds is that the company's public funds are out of control and put at risk, and the behavior of the defendant Liu Mengge in this case does not meet this characteristic.

The harmfulness of the crime of misappropriation of public funds is essentially reflected in the following: first, it takes public funds out of due control, and second, it puts public funds at risk.

First of all, in the crime of misappropriation of public funds, the ownership of the public funds belongs to the unit, and the public funds should be controlled by the unit that enjoys the ownership. It is precisely because of the criminal's misappropriation that the public funds are separated from the public control and transferred to private control. The perpetrator's illegal infringement of the right to control public funds is one of the reasons for conviction of the crime of misappropriation of public funds.

In this case, the outward flow of funds for the purpose of paying for drugs and medical equipment was a process in which the county hospital transferred control of the funds to its suppliers. As the legal successor controller of the money, the county hospital supplier has the right to exercise rights, including specifying in advance in which direction the money will flow.

Therefore, the defendant Liu Mengge in this case, with the prior consent of the county hospital supplier, used bank acceptance bills of equal amounts from other units to replace the hospital payment to pay off the debt, and at the same time caused the hospital funds to flow to the company run by her husband. In essence, the county hospital's supplier is exercising its control over the funds, and there is no situation where public funds are out of the county hospital's control.

Secondly, in this case, the county hospital’s drug and medical equipment payments were not at risk:

1. Payment for medicines and medical equipment is the hospital’s obligation to perform the drug sales contract. It is inevitable and necessary for the amount of medicines and medical equipment determined under the contract to flow out of the hospital;

2. The supplier of the county hospital, as the right holder to receive the drug payment, agreed in advance to settle the drug payment and medical device payment of the county hospital with a bank acceptance draft. In other words, the supplier agreed to the change in the delivery method;

3. The bank acceptance draft transferred by Liu Mengge’s husband Tong Zhizheng’s company and the bank transfer check transferred by the county hospital were processed at the same time, and the amounts were equal, so the hospital did not suffer any loss.

Although, on the surface, the money from the county hospital was not directly used to pay off the unit's debts, with the prior consent of the supplier and using a bill of exchange of equal amount as an alternative means of repayment, there is no danger of payment for medicines and medical equipment. , the hospital's debt has actually been paid off in a timely manner, and there is no essential difference from paying the money directly to the drug dealer. "Fang Yi said while observing Inspector Gao's face and eyes.