Lawyer

Chapter 1004: Just in Case
"Then Mr. Chang will pay back the money owed to the pawn shop?" Cheng Xiangyu asked.

"This involves the question of who is the victim in this case. Because of poor storage, the Audi car was taken away. The loss of the pawnshop has been compensated by the Dongfang parking lot, so the debt between the pawnshop and Mr. Chang has been taken away by Dongfang. Once the parking lot is settled, Mr. Chang no longer has to repay the pawnbroker's loan," Du Yong said.

"Oh, I said the pawn shop has never troubled my family. So it is!" Mr. Chang realized.

"However, the Dongfang parking lot has suffered losses due to Mr. Chang's behavior. The Dongfang parking lot is the victim of this case, and it is also an important element for determining that Mr. Chang's behavior constitutes a crime.

In this case, Mr. Chang was unprepared and forcibly drove the car away. Under the condition of no personal injury, the party that actually suffered economic losses, that is, the Dongfang parking lot, was the victim.

Entrusted by the pledgee (pawn shop), Dongfang Parking has obtained the right to keep the Audi car. According to relevant regulations, during the period of keeping the pledged property, it shall be liable for compensation for the damage or loss of the pledged property.

For example, Article 374 of the "Contract Law" stipulates: "During the storage period, if the depository is damaged or lost due to improper storage by the custodian, the custodian shall be liable for damages. Liability for damages'.

Article 215 of the "Property Law" also stipulates: "The pledgee has the obligation to properly keep the pledged property. If the pledged property is damaged or lost due to improper storage, it shall be liable for compensation." '

(After the implementation of the "Civil Code", the "Contract Law" and "Property Law" have become invalid)
According to Mr. Chang, Dongfang Parking was liable for compensation for the economic losses suffered by the pawnshop of the pledgee based on the storage contract.It can be seen that Dongfang Parking Lot, who is the custodian, is the victim of this case.

Therefore, Dongfang Parking has the right to ask Mr. Chang to bear the liability for compensation.Even if the Dongfang Parking Lot does not prosecute now, when the procuratorate sues Mr. Chang, the Dongfang Parking Lot will file a criminal incidental civil lawsuit to demand that Mr. Chang compensate for the loss. "Du Yong continued to explain.

"Brother, according to your statement, Lao Chang's crime is considered true?" Cheng Xiangyu looked at Du Yong.

"Well, based on the facts of the case Mr. Chang said just now, I think Mr. Chang constituted the crime of robbery.

Regarding Mr. Chang's behavior, we should not only analyze whether his behavior was aimed at the victim's legal possession or property, but should analyze whether his behavior actually caused the victim to suffer property damage.

I'm telling the truth, Mr. Chang, don't dislike it. " Du Yong said.

"Well, you said." Chang Guang replied.

"In this case, Mr. Chang's behavior is no different from the behavior of snatching other people's property in terms of social harm, and it will cause others to suffer property damage.

In my opinion, in this case, Mr. Chang’s act of snatching his Audi car, which was legally kept by the third party Dongfang Parking Lot due to pledge, conforms to the constitutional characteristics of the crime of snatching, and it is correct for the public security organs to punish it as the crime of snatching. "Du Yong wondered if the other party would just say "thank you" and finish the job if he told the other party in such detail.

"Lawyer Du, how many years will I be sentenced in this case?" Chang Guang already believed Du Yong's words.Believe it or not, the public security organs have been arresting him.His photo is very clear in the surveillance of the parking lot, and there is a video of the entire car being forcibly driven away. The evidence is conclusive.

"It's hard to say. Article 267 of the "Criminal Law" stipulates that anyone who robs a huge amount of property or has other serious circumstances shall be sentenced to between three and ten years in prison and a fine. How much is your Audi worth?" Du Yong asked.

"I bought a second-hand Audi. Because it was quite old, I spent more than 40 yuan when I bought the car." Chang Guang thought for a while and replied.

"Well, the court may sentence you three to ten years ago. The specific sentence depends on your performance." Du Yong said and looked at Cheng Xiangyu.

Cheng Xiangyu immediately understood, stood up and said, "Old Chang, let's go to the restaurant to have a chat."

Chang Guang nodded, got up and followed Cheng Xiangyu to the restaurant.

"Master, can you take this case?" Cheng Du came over, took out a cigarette, and handed it to Du Yong: "This room smells so bad, let's go to the window to get some air?"

Du Yong got up to take the cigarette, got up and followed Cheng Du to the window, opened a window, and lit the cigarette: "If you can pick it up, it depends on whether Mr. Chang has the money to pay the lawyer's fee."

"I think Mrs. Chang's daughter-in-law should keep some private money anyway, and the lawyer's fee should not be a big problem." Cheng Du exhaled smoke, rolled his eyes and said.

After more than 20 minutes, Cheng Xiangyu and Chang Guang came back.

"Brother, Lao Chang wants to entrust you with the case and entrusts you with everything. There is only one purpose, to reduce the sentence by a few years. How much legal fees do you think is appropriate? The old Chang's family is also very difficult." Cheng Xiangyu sat down. Said.

"Yes, my daughter-in-law has cashed out the company for the past two years. Life is not easy. I have to borrow Brother Cheng for the legal fees." Chang Guang said pitifully.

"Well, Mr. Chang, the lawyer's fee is 10 yuan. Don't think it's too much. Let me explain to you the work to be done next. First, you have to raise funds to make preparations. We will go to the Dongfang parking lot to discuss compensation. and ask the other party to issue a letter of understanding.

In addition, you have to be prepared to surrender to the public security organ after the new year, so that your punishment can be reduced.

Before surrendering yourself, you have to confirm whether your Audi is still there and what state it is now, and then hand it over to the public security organs.

After you are detained, we will apply for release on bail pending trial, and communicate the case with the procuratorate to try to get a probation.Finally, go to court to defend you.

This is the main work we have to do.It's easy to say, but it doesn't take many trips to do it.What you have to do is to raise funds, and the second is to confirm the condition of the vehicle, and go to the public security organ to make a truthful statement. "Du Yong looked at Chang Guang.

Chang Guang struggled for a while, gritted his teeth and nodded in agreement with Du Yong's request, then looked at Cheng Xiangyu: "Brother Cheng..."

"Don't worry, I'll pay for the repayment to Dongfang's parking lot. I'll get back to work in the future, and I want to pay it back to me." Cheng Xiangyu said.

"Well, I'll give you an IOU." Chang Guang nodded, his eyes were a little red.

"Mr. Chang, before you go to the public security organ to surrender, you can bring your family and get together, but don't be discovered. If you find that something is wrong, I suggest you call and surrender immediately. You must grasp The initiative. This is beneficial to your sentencing." Du Yong reminded.

"Well, we won't get together. I'll see you both after the sentence is over. I'll entrust this case to you." Chang Guang sighed.I endured it for such a long time, in order to save a few days in prison, I disappeared, just in case.

(End of this chapter)