Lawyer's character

“I agree with lawyer Du in terms of the characterization of the case. In terms of sentencing, I think this case is a bit special, and this is where lawyers show their value.

I personally believe that when sentencing this case, the defendant’s motivation, target, surrender and other circumstances should be fully considered. I guess it will be between three to ten years. "Fang Yi said.

"Did Yun Qiao remember everything?" Zhou Ying turned to look at Yun Qiao.

"Forget it, don't worry, I still have a recorder here." Yun Qiao said with a smile.

"When did you two become so serious and bring a recording?" Meng Guangda was a little confused.

"The old rule is, whoever loses gets a treat." Zhou Ying said with a smile.

"What we could talk about last time was the qualitative aspect of the case, not the sentencing." Fang Yi immediately reminded.

"I'll go, aren't you trapping me in this!" Meng Guangda covered his face with his hands.

Cao Yongzheng also had a bitter look on his face. Looking at it like this, he had a high probability of losing. He didn't get his salary on the first day of work, so he had to give out a meal first. This team must be too screwed up!

Fang Yi saw the change in Cao Yongzheng's eyes and said with a smile: "Xiao Cao, you are new here and don't know the rules of the meeting. Your opinion on whether we win or lose this time does not count. Just follow us and eat."

Cao Yongzheng felt happy and felt a little embarrassed on his face.

"Lawyer Cao, just follow me next time and you will be right to say whatever I say." Zhou Ying said to Cao Yongzheng.

"Don't listen to her, she's already invited me five times." Meng Guangda revealed Zhou Ying's background with a smile.

"Brother Da, don't do this." Zhou Ying pretended to be angry.

Cao Yongzheng was dumbfounded and thought to himself: This team... is really active, but I like it.

On Monday, Qiu Naijun came to Sidley Law Firm.

"Lawyer Fang, according to you, my wife must be sentenced?" After listening to Fang Yi's analysis of the case, Qiu Naijun looked directly at him.

But he thought about it again, yes, the child was beaten to death by his wife. How could the court find her not guilty? The palms and backs of her hands were full of flesh!

"Well, yes. We can only plead guilty to lesser crimes, but after all, your daughter passed away, I'm afraid the outcome of the verdict will not be too optimistic." Fang Yi tried his best to lower the other party's psychological expectations.

"How many years will the sentence be?" Qiu Naijun frowned.

"According to the law, the sentence is more than ten years in prison, life imprisonment or the death penalty. But after comprehensive analysis of the entire case, we feel that there is hope to reduce the sentence to less than ten years." Fang Yi replied.

"Well, I'll leave it to you. ...My wife, is she okay in there?" Qiu Naijun felt a little nervous.

"It's okay, I'm just under a lot of mental pressure." Fang Yi replied.

…

A few days later, the results of Liu Mengge’s embezzlement of public funds case came out, and the procuratorate requested the court to withdraw the prosecution. The court held that the procuratorate's request to withdraw the prosecution before the verdict was pronounced in the case was in compliance with the law and should be granted. In accordance with the provisions of Article 177 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China", the ruling allowed the procuratorate to withdraw the prosecution.

Yun Qiao then communicated with Prosecutor Gao who was in charge of the case. Finally, the Procuratorate concluded that Liu Mengge did not commit the crime of misappropriation of public funds and decided not to prosecute.

Less than an hour after Yun Qiao received the decision not to prosecute, Tong Zhizheng and Liu Mengge walked into the conference room of Sidley Law Firm with excited faces.

"Lawyer Fang, is my case settled? You won't sue me again, right?!" Liu Mengge's hands were trembling slightly as she held the decision not to prosecute. She raised her head and looked at Fang Yi.

"Yes, your case is closed and there will be no further prosecution unless there is new evidence to prove your guilt." Fang Yi said with a smile.

"Lawyer Fang, this decision to withdraw the prosecution or not to prosecute is not the court's decision after all. Can it be done?" Tong Zhizheng was a little worried.

“Let’s put it this way, withdrawing the prosecution is a request made by the procuratorate to the court to terminate the wrongful prosecution. After the court rules to allow the withdrawal of the prosecution, the public prosecution is withdrawn, and the prosecution process for the facts alleged in the original prosecution ends.

The direct legal consequences of the procuratorate withdrawing the prosecution are: 1. The litigation process ends. 2. The defendant is legally innocent. 3. The same facts and evidence shall not be prosecuted again. "Fang Yi explained.

"Lawyer Fang, can I ask for state compensation?" Liu Mengge asked.

"Now that the proceedings have ended, the procuratorate should immediately lift the compulsory measures against you. At the same time, the withdrawal of the prosecution shows that the previous prosecution procedure was wrong. You certainly have the right to apply for state compensation with the procuratorate as the agency responsible for compensation." After Fang Yi finished speaking, he added: "I heard that the prosecutor who previously handled your case has been transferred due to professional competency issues."

"Hey, after staying in there for so many days, I feel angry..." Liu Mengge sighed. She understood the meaning of Fang Yi's last sentence.

They were all hanging out in the same place, looking down and not looking up. His operation in the hospital was indeed disciplinary violation. Liu Mengge thought about it and decided to forget it. One more thing is worse than one less thing. Sometimes legal procedures are just the final solution to the matter. method, but it is definitely not the best method, so no compensation is required!

At noon, Liu Mengge and his wife invited Fang Yi and Yun Qiao to have lunch at a high-end restaurant in the city to express their gratitude. During the meal, Tong Zhizheng mentioned that his company's legal consultant had expired and wanted to switch to Sidley Law Firm. Fang Yi was naturally happy. So we negotiated a legal advisory business.

After dinner, Yun Qiao and Fang Yi drove back to the law firm, chatting on the way.

"Master, the procuratorate's procedure for withdrawing the prosecution is very good. Finally, the defendant will be issued a decision not to prosecute, and the case will be closed.

It would be easier for us if we took more cases that went through this procedure. "Yun Qiao was happy in her heart.

"Not necessarily." Fang Yi said calmly with his eyes closed.

"Oh? Why?" Yun Qiao's eyes were full of doubts.

"The Supreme People's Procuratorate requires the procuratorate to make a decision not to prosecute within 30 days after withdrawing the prosecution. I personally think it is a bit superfluous and is simply unnecessary.

The court's decision to withdraw the prosecution itself has the effect of ending the litigation. Coupled with a decision not to prosecute, sometimes the coercive measures against the defendant and the coercive measures against property cannot be lifted in time. Moreover, the theoretical basis of this provision is That is to say, withdrawing the prosecution is considered as reversing the procedure to the stage of review and prosecution, which also leads to confusion and chaos in judicial practice.

I remember there was a criminal case known as the ‘marathon lawsuit’ – Zhang Fayin was suspected of arson and murder, which had remained unresolved for eight years.

Regardless of whether the defendant is guilty or innocent, from a procedural point of view, after the case was sent back for retrial many times, the prosecution withdrew the prosecution. The result that seemed to be beneficial to the defendant backfired.

Zhang Fayin was not released because the procuratorate withdrew the prosecution. Instead, he lost the opportunity to obtain a timely acquittal. The case returned to the review and prosecution stage. Zhang Fayin faced an endless criminal prosecution process.

What would you do if you encountered such a case? No fame, no profit, only a sense of justice, will you do it or not? Lawyers act in accordance with the law, but this is what the law stipulates, so what can you do? "Fang Yi's tone was a bit tragic. (End of Chapter)