Lawyer

Chapter 166 The main event is about to begin
Later, under the instigation of Wu Xiaoqing, the lawyers in the firm found Gu Qingping and wanted to "clear the emperor's side". Director Gu dismissed the small front desk due to internal worries (the tigress at home made troubles every day) and external difficulties (the lawyers in the firm protested collectively). People are cheap, and they have to be compensated. Fortunately, Director Gu is good at making money, and he has made some money in his hands in the past few years, and his small coffers are full. Otherwise, this matter would be really difficult to handle.

In addition, in order to maintain the number of lawyers in the law firm, Gu Qingping also restricted the flow of lawyers, delaying or hindering the transfer of lawyers by various means.None of the lawyers who left Fair Law Firm said that Gu Qingping was good.

Listening to Wang Deyou's narration, Fang Yi sighed in his heart. He thought that only Zhengyi Law Firm was "a small demon in the temple, and a lot of kings in Chi Xiaowang". So also so unbearable.

"Thank you, Lawyer Wang." Fang Yi nodded and said with a smile, "I treat you to this meal."

"How can I invite you? I'll come. I'm a salaried lawyer in the city, and I'm considered a half-landlord. I deserve this meal." Wang Deyou is a real person. Seeing Fang Yi getting up to pay the bill, he immediately grabbed him and said.

Seeing that Wang Deyou was so serious, Fang Yi didn't want to refute his face, so he sat back again.

"Lawyer Wang, let's stop being 'you' or 'you', it's too polite, it seems unfamiliar, once you're acquainted, don't be so polite. I'll add you on WeChat, so we can communicate with you if there is anything in the future." Fang Yi said Then he took out his phone and added Wang Deyou as a friend.

"Lawyer Fang, are you here to handle a case?" Wang Deyou asked after he had eaten his fill.

"Well, I took a second-instance criminal case, and I'm going to the court to review the papers in the afternoon." Fang Yi looked at the time and said, then took out a cigarette and handed it to Wang Deyou.

"You have something to do this afternoon, so I won't delay you. If you need my help in the future, just let me know." Wang Deyou took the cigarette and said.

"No problem. Next time I come to the city, I will treat you to dinner." Fang Yi smiled.

Yuan Wei's fraud case was opened.Fang Yi came to the city in the morning, and the court time arranged by the intermediate court was ten o'clock in the morning.

When the presiding judge read out the rights of the parties and the defenders, Fang Yi, who was sitting on the defense seat, looked at the opposite side. The two prosecutors were sent by the City Intermediate People's Court, a man and a woman. The male prosecutor sat in the first place, and the female prosecutor Members come next.

The male prosecutor looks very characteristic, with curly hair (should be natural curly hair), big nose and high nose bridge, sharp edges and corners on his face, big eyes that look like a TV star.

In comparison, the female prosecutor looked much inferior, she looked very ordinary, so ordinary that she could never be found again after being thrown into the crowd.

The three judges of the collegial panel are all male judges, and the two young judges on the left and right are sitting there, very honest, with a hint of indifference in their eyes.

The presiding judge in the middle is an old judge in his 50s, with a gray cropped head and deep eyes, as if he can see through people.

Yuan Wei's father, Yuan Changzheng, mother Yang Jing, and more than a dozen people sat in the auditorium, waiting for the official opening of the court.Several bailiffs were guarding the door and watching people, and kept watching the situation in the courtroom with pairs of eyes.

Seeing Yuan Wei being escorted into court, his mother Yang Jing immediately became agitated, with tears streaming down her face. If Yuan Changzheng hadn't hugged her shoulders, she might have already run over.

Yuan Changzheng looked at Fang Yi and nodded to him. Now he pinned all his hopes on Fang Yi's defense.

……

"The court investigation will start now. First, the judges will read the first-instance verdict..." said the presiding judge.

After the presiding judge finished speaking, the young judge sitting on the left began to read out the criminal verdict of the first instance. After he finished reading out, the presiding judge said: "Next, the prosecutor will read out the protest."

The male prosecutor picked up the protest letter and said: "Dear presiding judge and judge, the public prosecutor's protest opinions are as follows, and the court is requested to draw attention:

The County People's Court sentenced defendant Yuan Wei to one year and six months in prison for fraud and a fine of 222 yuan based on Ji 2013 Xing Chu Zi (19) No. 2000 Criminal Judgment for the alleged fraud case. The verdict was delivered to our court on June 2013, 6.After reviewing in accordance with the law, this court believes that the court of first instance was inappropriate in sentencing and wrongly applied the law. The reasons are as follows:
[-]. The original judgment was improper in sentencing.

The defendant, Yuan Wei, defrauded a huge amount. After the trial, he partially compensated the victim and obtained an understanding. He can be given a lighter punishment as appropriate, and should be sentenced to fixed-term imprisonment of more than three years.In the absence of statutory mitigating circumstances for the defendant, it was obviously inappropriate for the court of first instance to mitigate Yuan Wei's punishment.

[-]. The original judgment applied the wrong law.

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 mitigates the punishment error according to Article [-] of the interpretation.The mitigation of punishment has not been reported to the Supreme People's Court for approval...

To sum up, in order to maintain judicial justice and accurately punish crimes, in accordance with the provisions of Article 220 of the "Criminal Procedure Law of the People's Republic of China", I hereby lodge a protest, please be sentenced in accordance with the law.

complete! "The male prosecutor looked at the judge after speaking.

"Appellee Yuan Wei, do you have any objection to the facts and charges identified in the first-instance verdict?" said the presiding judge.

"I agree with the judgment of the first instance." Yuan Wei's words were weak, making it sound like he had no confidence.

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment," said the presiding judge.

……

"Now for the presentation of evidence and cross-examination, whether the prosecutors, defenders, and the appellee have any new evidence to submit." said the presiding judge.

"There is no new evidence to submit." Both sides said.

Neither the procuratorate nor Fang Yi had any doubts about the facts of the case, and the appellee Yuan Wei confessed to the crime.The dispute between the two parties lies in sentencing and application of law.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues. Let the appellant speak first." The presiding judge looked blank. Said with an expression.

Fang Yi glanced at the prosecutor opposite, the main event was about to begin, and now was the crux of the case.

"Now it's up to the prosecutor to speak." The presiding judge said.

"We believe that Yuan Wei constituted a crime of fraud. Although he reached a settlement agreement with the victim, he only compensated the victim for part of the money and was forgiven. Such behavior is a case where a lighter punishment can be given as appropriate. The appellee Yuan Wei should be sentenced to three years. A fixed-term imprisonment of more than one year.

In addition, the "Interpretation of the Supreme People's Court on the Application (Criminal Procedure Law of the People's Republic of China)" only interprets the relevant procedures of criminal proceedings, and cannot directly reduce the punishment of the defendant according to Article [-] of the Interpretation.If you want to reduce the punishment below the statutory punishment, you must report to the Supreme People's Court for approval.

Finished speaking. " said the male prosecutor.

(End of this chapter)