Lawyer

Chapter 164 Have to guard against it!
"In addition, according to your description, another objection of the procuratorate is that the original judgment applied the wrong law.

The procuratorate believes that the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" is only an interpretation of the relevant procedures of criminal proceedings, and the court of first instance directly mitigated the mistake of punishment according to Article [-] of the interpretation.The mitigation of punishment should be reported to the Supreme People's Court for approval.

I think the Procuratorate's point of view is untenable.

First, Article 270 of the Criminal Procedure Law clearly stipulates that in cases where a settlement agreement has been reached, the people's court may impose a lenient punishment on the defendant in accordance with the law.And lenient punishment, mitigation, and exemption from punishment should all belong to the category of "lenient punishment".

Article 270 of the Interpretation of the Supreme People's Court on the Application of the "Criminal Procedure Law of the People's Republic of China" is the specificization of the above provisions. The provisions on criminal punishment all fall under the scope of Article [-], "lenient punishment".

Therefore, I think the people's court can directly decide to reduce the punishment or even exempt the sentence, and there is no need to report to the Supreme People's Court for approval according to the sentencing procedure below the statutory penalty. "Fang Yi thought for a while and said.

"So the procuratorate's first protest opinion is the key?" Although he can't understand those brain-burning legal provisions, for Mr. Meng, he can still grasp some important information.

"Well, there may be other breakthroughs. Of course, this has to be discussed after reading the case files. What does Mr. Yuan want to do with this case?" Fang Yi looked at Yuan Changzheng.

His subtext is very clear: Mr. Yuan, do you want to find another lawyer, or entrust me to handle it?

What Fang Yi said just now Yuan Changzheng was flickering in his heart, as if he was riding a roller coaster. He had to admit that Fang Yi's professional ability was very strong. When he discussed the case with Lawyer Zhao and the partner before, he basically couldn't talk about it. After two sentences, they will turn to find someone, entrust relationships, and then ask for money, and rarely conduct in-depth discussions on the case.

Yuan Changzheng, who had been fooled once, gritted his molars and planned to try again, entrusting the middle-aged male lawyer in front of him to be his son's second trial defender.

"Lawyer Fang, how sure do you think my son's case will uphold the original verdict?" Yuan Changzheng asked.

"It's hard for me to say, and I won't promise you anything. If you entrust me, I will do my best." Fang Yi finished speaking and looked at Yuan Changzheng.

He knew that the other party wanted him to give an accurate statement, but how can there be so many accurate statements in this kind of matter, after all, the right to judge is not in the hands of lawyers, so what's the use of speaking, maybe they will complain like Lawyer Zhao.

In fact, Fang Yi has been thinking of a way to solve this case since he received the invitation call from Mr. Meng. He thought of a way, but whether the court will adopt it, and even if it is adopted, whether it will uphold the original verdict is still an issue. Uncertainty, so he did not dare to speak out the plan rashly.

Besides, the other party hasn't entrusted the case yet, so if you tell me the plan, you can't guarantee that the other party will find a cheap lawyer to complete the case and leave yourself alone.Naturally, Yuan Changzheng won't say anything if he wins in the second instance, but if the court of second instance changes the sentence, Yuan Changzheng will not blame the little lawyer, but will definitely resent Fang Yi's lack of professional ability and harm his son in his heart.I have to guard against it!

"Lawyer Fang, I will entrust you with my son's case." After a while, Yuan Changzheng said sincerely.

In the end, the two sides finalized the second-instance attorney's fee of 3 yuan.It was less than the first-instance lawyer's fee, mainly because Yuan Changzheng had no idea, and the best result of winning would be to uphold the original judgment, so he was unwilling to pay too much money.

Yuan Changzheng and Mr. Meng stayed in the county for one night. Early the next morning, the two went to Zhengyi Law Firm and signed an entrustment procedure with Fang Yi.

Walking on the streets of the city, Wang Deyou was relaxed. He finally left Fair Law Firm and transferred to a small law firm called Weimin in the city.

Looking at the bustling streets, his heart was not as relaxed as it appeared on the surface.There are many opportunities in the city, but the competition is also fierce. There are only a few law firms in the county, but there are more than 100 law firms in the city that he can name, and there are many others that he doesn't know.

Wang Deyou knows that many lawyers in the city have gone to the capital to develop. Some lawyers have connections in the city but are in the capital. Most of these lawyers are dealing with cases of acquaintances and friends, relying on trust.

This type of lawyer is qualified to transfer the lawyer's relationship to the capital, but whether they are willing to transfer, and whether they can transfer it is another matter. Why do you say that? There are two reasons:
[-]. The procedures for inter-provincial transfer are relatively complicated. For the sake of optimization and competition, the Beijing Lawyers Association is very strict in reviewing the transfer of lawyers from other provinces, and the transfer period is very long. Normally, it takes about half a year. Of course, it has something to do with it. It's another matter (it can also be understood as regional protection).

[-]. The cost of invoicing in Beijing is about six points, while the cost of invoicing in the city is only more than one point (with tax incentives). In comparison, for lawyers with low incomes, the gap of five points is quite large , so they prefer to keep the relationship in the city.

Wang Deyou, like most lawyers, has no back and no connections, so he can only be a lone hero in the city and make his own way.But his personality determines that he is not a lawyer like Zhao Cunliang and Zhao Cunliang, who is familiar with each other, so if he comes to the city to practice for the first time, if he chooses to work alone, he may be hungry and cannot afford the rent.

As early as when he had the idea of ​​changing his firm, he made up his mind to find a salaried lawyer in a law firm in the city and make the transition first.When he was in the county, he went to the city several times. Law firms of some sizes like to recruit young lawyers, because young lawyers are energetic and can work overtime day and night, and they are not burdened by family.

After searching and searching, he finally found Weimin Law Firm. The director of Weimin Law Firm is named Song Xilian. The lawyers in the town are in charge of providing legal services, so Wang Deyou obtained this position by virtue of his steady personality and mature appearance.
Weimin Law Firm is a small law firm. The wages of salaried lawyers are not high, which is enough for daily rent, food and drink. Fortunately, Wang Deyou’s wife has a stable job in the county. He doesn't need to worry about the income, otherwise it would be enough for Lao Wang to drink a pot.Wang Deyou didn't intend to be a salaried lawyer for the rest of his life, but he just found a place to stay first and then slowly figured it out.

Wang Deyou is a (soft) kind (weak) person. On weekdays during Chinese New Year holidays, he buys a live chicken or duck at the farmer’s market and brings them home, but he has to slaughter them for his wife. He dare not use a knife because he thinks it is too bloody.He couldn't bear (dare) to ask him to slaughter a living life (chicken and duck) with a knife.

(End of this chapter)