Madman Zhang San: That Hammer, You Are Finished
Chapter 263 Hey, Isn't This My Third Brother?
"That's fine!" Chang Yuchun nodded: "What do you say, third brother, I'll do whatever I want."
"I always trust you!"
Lin He looked at his tangled expression and said with a smile, "Forget it, I'll accompany you to the police station later."
"It also saves you being there and being detained directly."
Chang Yuchun grinned: "That's a good feeling."
He is a serious man, and he has never been in a detention center in his life.
He was really afraid that when he arrived at the police station by himself, he would be directly detained indiscriminately.
Next, Lin He repeatedly asked about the details of the case.
An hour later, Lin He looked at the scrap paper full of writing in front of him, spit out a turbid breath, and said, "Okay, I have understood the situation clearly, the matter is stable, just put your heart back in your stomach. All right."
Next, sign the contract and write the entrustment agreement.
Since Lin He will accompany Chang Yuchun to surrender later, he didn't find Yan Yilan when he went to the court to file the case, and went out directly with Chang Yuchun.
After the court filed the case, the two simply ate lunch and went directly to the police station.
After entering the door, Lin He showed his lawyer card without saying a word.
The police officer at the reception looked at the lawyer's license in front of him, and then looked at Lin He's face, and immediately grinned.
Hey, this is not my third brother.
After a few simple courtesies, Lin He explained the situation directly to the police comrade.
The police comrade directly stated that it is okay not to take criminal coercive measures against Comrade Chang Yuchun, and wait for the outcome of the trial in the court.
However, during this period, Chang Yuchun could not leave Jiangcheng, and had to report to the community or the police station every day.
Chang Yuchun naturally agreed.
After leaving the police station, Lin He explained a few words to Chang Yuchun again, and the two separated.
In the afternoon, Lin He was brushing black silk when Gu Xiaotian pushed in the door.
"Lawyer Lin, you are not busy today."
Lin He looked up at Gu Xiaotian, waiting for his next words.
Gu Xiaotian smiled honestly: "I'm not getting paid this morning, I want to invite you to dinner with Lin Lu."
"Thank you for taking care of me in Quanjing during this time."
"By the way, and Brother Xuanmai, let's have dinner together tonight."
"Let's eat, okay!" Lin He nodded with a smile on his face: "I'll talk to that kid Zhang Xuanmai later."
This girl, Gu Xiaotian, is quite real.
I just paid my salary in the morning, and I remembered to invite myself to dinner in the afternoon.
During this period of time, I really didn't cultivate this baby in vain.
For a moment, Lin He felt very relieved.
"Well, since that's the case, then I won't tell Brother Xuanmai." Gu Xiaotian pushed his rimless glasses and said.
Lin He nodded, then continued to brush his own black silk video.
Gu Xiaotian stood there, looking a little cramped. After a while, he said, "Lawyer Lin, are you thirsty? Let me make you a cup of tea."
Lin He nodded and didn't speak.
Gu Xiaotian was also unequivocal, he directly opened the tea jar kept by Lin He, took the few remaining top-quality Dahongpao and two cups, and swiftly went to make tea.
Seeing his movements like flowing water, Lin He groaned inwardly.
It's you who want to drink tea, are you still asking me if I'm thirsty?
He felt that his evaluation of Gu Xiaotian just now was a bit hasty.
Gu Xiaotian put a cup in front of Lin He and said with a smile: "Lawyer Lin, you drink tea."
"Uh, Xiaotian, just tell me if you have anything to do." Lin He said helplessly.
This baby Gu Xiaotian, as long as he doesn't tell him to do things, he will honestly stay at his workstation and devour legal books.
Today, I invited myself to dinner again, and I stayed in my office again, which is really not normal.
"It's actually nothing."
Gu Xiaotian looked at Lin He and said, "I've read a lot of cases in the book recently, and there are many questions. I've checked a lot of related laws and regulations, but I still can't figure it out, so I want to ask for advice. Attorney Lin, you."
"Tell me!"
Lin He finally put down the phone, looked at Gu Xiaotian and said.
Gu Xiaotian said with a serious face: "Lawyer Lin, you say, if I find a credit card, and it still doesn't have a password."
"Then I took this credit card and went to the store to buy a 3,000 yuan mobile phone."
"Does this behavior constitute a crime?"
After Lin He heard this, he nodded thoughtfully.
Picked up a credit card and spent 3,000 yuan.
Constitute a crime?
Not a crime?
This is really a problem.
Not just a very professional question.
And it's a question worth exploring.
There is no reason for it, and the main question is what crime is involved in this.
Theft: As long as the amount of theft is more than 1,000 yuan, it is enough to file a case and sentence.
Credit card fraud: It is expressly stipulated in the law that the amount involved in the case is more than 5,000 yuan.
If in court, the judge finds that Gu Xiaotian's behavior is a credit card crime, it is impossible to sentence him.
If the judge finds that Gu Xiaotian's behavior is theft, stealing the property of the owner, and sentencing, the sentence will be less than three years.
One simple act, two very different charges, which leads to an imbalance in sentencing.
Just like bugs in games, they have to be fixed.
Three seconds later, a big smile appeared on Lin He's face, he already had the answer.
Although Gu Xiaotian asked this question quite tricky, but who is Lin He, but Zhang San, a well-known madman on the Internet.
To say something crazy: Zhang San is the criminal law. If necessary, it is not impossible to start a lawsuit to force the legislator to amend the law.
So, this question still can't trouble him.
Lin He looked up, looked at Gu Xiaotian and said with a smile, "Xiaotian, what do you think should be punished in this situation?"
Gu Xiaotian shook his head: "I can't make up my mind either. From the point of view of behavior, whether it is the crime of theft or the crime of credit card fraud, it seems to be quite suitable."
"However... it is extremely unreasonable in itself that two distinct penalties apply to one behavior."
Lin He spat out a mouthful of tea foam and said, "So, Xiaotian, your professional knowledge needs to be strengthened."
"If you could memorize the criminal law word for word, there would be no such confusion."
"What do you mean?" Gu Xiaotian looked at Lin He with a blank expression.
Lin He asked with a smile, "What is Article 193 of the Criminal Law?"
"Crime of loan fraud!" Gu Xiaotian blurted out.
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