Lawyer

Chapter 252 Chapter 254 Chapter 255 (Merger) Messy in the Wind on the Terrace

Maybe it was because I was bored reading the materials, or because I was addicted to cigarettes. Xie Youhe took off his reading glasses, stretched himself, and then looked at Fang Yi: "Come on, smoke one?"

Seeing Xie Youhe's expression, Fang Yi knew that he must have something to say, so he followed to the terrace.

"Lawyer Li's communication skills are too poor. I assigned a case to him. As a result, he communicated with the client for a long time, but he couldn't understand it. The client complained to me.

The client said that Lawyer Li speaks French and French, and his professionalism is really professional, but he can understand none of them. He can't understand a question after a long time.Later, I talked to lawyer Li about this matter, and he told me that he could only handle cases and was not good at communicating with clients.

Lawyers rely on communication to handle cases. Communication with judges, communication with parties, what is the lack of communication? If even communication becomes a problem, how to handle the case?How much money can the parties make if they can't get it right?
I don't ask him to talk nonsense when he sees people, or to talk nonsense, of course he doesn't have that ability either.But at the very least, I should be able to convert French into a language that the other party can understand.Not every party involved is a law school graduate, and they don't understand those succinct laws..." Xie Youhe took a deep breath of his cigarette, and then complained.

Uh... Fang Yi was a little surprised. After a long list of choices, he finally recruited a lawyer. The conditions were good in all aspects, but the problem was communication.

"Old Xie, let me give you a suggestion. When recruiting lawyers in the future, look for those who have practice experience and must have cases. Education is not the most important thing.

This kind of person has been screened for a while, and there shouldn't be any major problems with their abilities in all aspects.You can work when you come, and you can also share some of the workload for the two of us. Fang Yi thought for a while while smoking a cigarette.

"Well, I think so too. Lawyers are made by doing, not learned. They are a very practical profession, just like doctors, and I know that too.

At the beginning, I didn't want to recruit someone younger, because it would be convenient for business trips, but who knew it would be like this.Boss Gu gave us two places in the litigation team this time, choose one of the two, even if one of them loses the chain, we are not afraid. "Xie Youhe nodded.

"Okay, don't think so much. Keep recruiting, or we will have to get down sooner or later." Fang Yi half-jokingly said.

"Hey! That's the only way to go. By the way, you followed Sima Jun to the client's company in the morning, how do you feel?" Xie Youhe asked suddenly.

"What happened to the client, a labor dispute, I went to the door to answer the legal consultation, it's nothing serious." Fang Yi said.

"I'm not asking you this, I'm talking about Sima Jun, she's not making things difficult for her!" Xie Youhe asked in a low voice.

"No! What's the matter?" Fang Yi was at a loss as to what Lao Xie meant.

Since the last time I went to a client company with Sima Jun, Sima Jun often asked Fang Yi to follow him to the door, so that Fang Yi almost became her follower.

"Well, okay! Before our team, only Boss Gu was willing to communicate with her, and now there is another you. Thank God, it's not easy!" Xie You said softly.

"Old Xie, I have something I don't know whether to ask or not." Xie Youhe's words made Fang Yi feel a little strange, so he said.

"What's the matter? Tell me." Xie Youhe looked at Fang Yi with a cigarette in between.

"Why are you all unwilling to communicate with Lawyer Sima? Just because she doesn't display emotions?" Fang Yi asked.

"Well, how should I put it, sometimes lawyers' cooperation depends on their aura, if the auras of two lawyers are not in harmony, it will feel particularly awkward to cooperate.

Let me tell you this, it's not that I don't want to communicate with her, it's because I don't like her, I really can't communicate with her, and I always feel very uncomfortable when I go to meet clients with her.Especially on the way back and forth, sitting in the car without talking, it was like being in a prison, and I felt very depressed.

Now that you are here, the problem is solved. "Xie Youhe thought about it, and said with a smile.

Fang Yi finally understands, co-author sacrifice my happiness, you all, completely speechless!

After a while, Fang Yi wanted to persuade Xie Youhe so that he would not be regarded as a follower by Sima Jun, so he said: "Lawyer Xie, Sima Yi once said: There is no one in the world who can be friends with a person's shortcomings. Everything in the world is my teacher.

Although Lawyer Sima Jun is not...perfect in many ways, she has strong professional ability, which is her strong point. You can't always stare at her shortcomings. knew. "

After Xie Youhe listened, he stared at Fang Yi and looked him up and down, and Fang Yi felt trembling: "Xiao Fang, you are still knowledgeable. I don't know if Sima Yi said that, but I absolutely don't believe it."

"Why?" Fang Yi looked at Xie Youhe foolishly and asked.

"Because both of them are surnamed 'Sima', they belong to a family, and of course their own people are facing their own people, so what they say is unbelievable!" Xie Youhe said seriously.

Fang Yi stared blankly, speechless, he was shocked by Xie Youhe's bullshit theory!Then messed up in the wind on the terrace.

After a while, Xie Youhe laughed: "Just kidding with you, I only believe that things of a feather flock together and people are divided into groups. They are not the same kind of people, and if they can't get together, they can't be friends. Colleagues are just colleagues after all!"

A week later, Liu Qiaoling's case went to court.

Sitting opposite Fang Yi were two prosecutors, a man and a woman, who were making serious preparations for the trial.

It may be that Liu Qiaoling's case is relatively simple. The court did not form a collegial panel, but a male judge (judge) in his 40s tried it alone.

……

"The court investigation is now underway, and the public prosecutor is asked to read the indictment." The male judge said with a serious face.

"Defendant Liu Qiaoling, female, Han nationality, with a high school education, lives in.... He was criminally detained on May 23, [-] for the crime of theft, and was released on bail by this court on June [-] of the same year pending trial.

The investigation of the case by the County Public Security Bureau was concluded, and the defendant Liu Qiaoling was suspected of theft and was transferred to this court for review and prosecution on June [-], [-].After accepting the case, the court informed the defendant the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment the next day, interrogated the defendant according to law, and reviewed all case materials.

The legal investigation revealed that:
On April [-], [-], the defendant's husband, Pan Bao, was arrested by public security officers for selling DP. The Toyota Reiz, the stolen vehicle in this case, was impounded for involvement in the case.

At about 22:[-] on May [-], [-], Liu Qiaoling came to the backyard of the Public Security Bureau. Without going through any formalities for returning the vehicle involved, she used another key of the Toyota Reiz sedan to park in the shed of the vehicle involved in the case. The impounded red Toyota Reiz sedan drove away.He was later captured by police officers.

The evidence for the above facts is as follows:
1.Seizure decision letter, seizure list, situation statement, household registration information, certificate of no criminal record, etc.;
2.The confession and defense of the defendant Liu Qiaoling;
3.On-site inspection (inspection) records;
4.Internal surveillance video of the Public Security Bureau;

5.After bringing to justice.

The above-mentioned evidence collection procedure is legal, and the content is objective and true.Defendant Liu Qiaoling had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant Liu Qiaoling's behavior has violated the provisions of Article 260 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is reliable and sufficient. She should be investigated for criminal responsibility for the crime of theft.

In view of the fact that the defendant Liu Qiaoling confessed truthfully, pleaded guilty and accepted punishment, it is recommended that Liu Qiaoling be sentenced to three years and six months in prison.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

The indictment has been read out! " said the male procuratorate.

Fang Yi understood that the so-called "admission of guilt and punishment" was just Liu Qiaoling's plan to delay the attack. If she really confessed, she would not spend money to hire a lawyer.

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now?" the male judge asked.

"Listen clearly." Liu Qiaoling, who was sitting in the defendant's seat, replied.

"Do you agree with the charges charged by the public prosecutor? Do you have any objection to the criminal facts charged in the indictment? Do you have any objections?" the male judge said routinely.

"I have no objection to the facts of the crime, but I do not agree with the charges charged by the public prosecutor. The public security department has determined that the car is the legal property of my family, and the Toyota has been returned to me. My behavior is not theft." Liu Qiaoling said confidently.

What?Don't admit it!That’s not what I said when I asked you at the beginning. The two prosecutors looked at the defendant Liu Qiaoling with a black line. Sister, do you know how much workload this will increase for us? You think the sentence is short, right? talk!How about we change it to ten years in prison!
I thought it was going through a procedure, and then successfully closed the case and went back to eat hot pot and sing a song to start the next case. As a result, there were problems at the beginning of the trial. It is no wonder that the two prosecutors felt comfortable.

The male judge's expression was as usual, probably because he was familiar with the situation and was used to it: "The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment."

"Defendant Liu Qiaoling, we are questioning you now, and you must answer truthfully and not hide anything, understand?" The male prosecutor's tone was obviously not very friendly.No wonder it's friendly!
"Understood, I will answer truthfully." Liu Qiaoling lowered her head, not daring to look at the inspector.She knew that the other party's face must be ugly.

"When you went to the backyard of the public security organ to drive away the Toyota, did you know that the car had been impounded and was involved in the case?" the male prosecutor asked in a serious tone.

"I know. But..." Liu Qiaoling wanted to argue, but was interrupted mercilessly by the inspector.

"What do I ask you, you just need to answer yes or no, whether you know or don't know, there is no need to explain. Do you understand?" the male prosecutor said dissatisfied.

He didn't want to give Liu Qiaoling any room to play freely, lest things get out of control again.

"Understood!" Liu Qiaoling said hurriedly, not wanting to get into trouble.

"You drove away the Toyota, did you inform the public security organ, and did you have relevant approval procedures?" the male prosecutor asked.

"The public security organs were not notified, and there were no approval procedures." Liu Qiaoling said.

"The materials submitted by the public security department show that you were arrested at the bank. What did you drive to the bank for?" asked the male prosecutor.

"I owe a loan to the bank, and I want to pay off the debt with a car." Liu Qiaoling said.

"I'm done asking!" the male prosecutor looked at the judge and said.

"Does the defendant's defender need to ask the defendant questions?" The male judge asked calmly.

"Need to ask a question." Fang Yi said.

"The defender will ask questions next," the male judge said.

"Defendant Liu Qiaoling, for what purpose did you steal the vehicle involved?" Fang Yi asked.

His reason for asking this question is very simple, to let Liu Qiaoling say what she didn't finish just now, there is no love without reason in this world, and there is no theft without reason, whether it is stealing from the rich to help the poor or full of evil, there should be an incentive.

"I bought that Toyota car last year with a loan from my family's bank. I wanted to work hard for a year to earn some money to pay back the car loan, but who knew that my husband was arrested for selling D, and the loan was not paid. I want to use the car to pay off the debt and give the Toyota to the bank." Liu Qiaoling said.

"That is to say, the Toyota car you drove away in this case is mortgaged, right?" Fang Yi asked.

"Yes, the mortgage has been registered at the vehicle management office. The public security organs have investigated this matter." Liu Qiaoling said.

"Is the Toyota still in the police department?" Fang Yi asked.

"No, the public security agency has returned the car to me. It's a normal procedure," Liu Qiaoling said.

"Then why didn't you apply to the public security organ to return the vehicle? Instead, you took extreme measures to drive away the Toyota?" Fang Yi asked.

"At that time, the bank pressed me hard and wanted to sue me. I really had no choice but to do stupid things in a moment of impatience." Liu Qiaoling said.

"Judge, I'm done questioning!" Fang Yi said.

"Next, the public prosecutor will present the evidence," said the male judge.

"The first piece of evidence is a set of evidence, including the seizure decision, seizure list, description, household registration information, no criminal record certificate, etc., to prove that the stolen vehicle belongs to the vehicle involved in the case, and that it was a vehicle seized by the public security organs according to law when it was stolen. He has no criminal record," said the male prosecutor.

"What objections does the defendant have to the evidence?" asked the male judge.

"No objection!" Liu Qiaoling said.

"What opinion does the defendant's defender have on the evidence?" The male judge looked at Fang Yi.

"I agree, I have no objection." Fang Yi said.

"The public prosecutor presents the second piece of evidence," said the male judge.

"The second piece of evidence, defendant Liu Qiaoling's confession and defense, proves that she stole the vehicle involved in the case and went to the bank to repay the debt." The male prosecutor said.

"What objections does the defendant have to the evidence?" asked the male judge.

"No objection!" Liu Qiaoling said.

"What opinion does the defendant's defender have on the evidence?" The male judge looked at Fang Yi.

"I have no objection to the second piece of evidence," Fang Yi said.

……

The evidence presented by the public prosecutor was substantiated one by one. Liu Qiaoling and Fang Yi both agreed with the factual part of the case and had nothing to say.The point of dispute in this case is the determination of the crime.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

The following is the statement of the public prosecutor. "The male judge said.

(End of this chapter)