Lawyer

Chapter 424 Yo!This girl has a lot of skills
Later, after investigating villagers with criminal records and bad records in several nearby villages, the police found that Gao Qiang was the most suspected. Although he had not been dealt with by the public security organs, he was "well-known" far and near, and had already stinked all over the street.

The police summoned him back for questioning. Seeing that he looked different, they conducted a DNA comparison and finally arrested him for rape. Later, they found the little widow's gold ring in his home. It was appraised that the gold ring was worth [-] yuan. Two hundreds.

"Gao Qiang, do you know what the procuratorate charged you with?" Fang Yi asked.

"I know, the people from the procuratorate told me about the crime of rape and robbery some time ago." Gao Qiang said with his head down.

"Do you have any objection to this charge?" Fang Yi asked.

"No. Lawyer Fang, will I be sentenced to death?" Gao Qiang's eyes flickered with fear.

"According to the provisions of Article 230 of the Criminal Law, whoever rapes a woman or an underage girl, resulting in the death of the victim, shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death... I am afraid that the final result of your case is not optimistic.

Tomorrow I will go to the court to review the files, and after reading the files, I will formulate a defense plan. "Fang Yi said.

Fang Yi knew very well that in Gao Qiang's case, there was no circumstance to give him a lighter punishment, and he could not get the understanding of the defendant's family members. He would most likely be sentenced to death, but it was too early to draw a conclusion.

After leaving the detention center, Fang Yi received a call from Li Bin on his way back to the law office. The case of Shengfeng Group was now in the hands of Cao Xiaoxue of the procuratorate. Li Bin asked him to talk to Cao Xiaoxue about recovering stolen goods.

After hanging up the phone, Fang Yi found out Cao Xiaoxue's phone number and dialed it. After a few beeps, Cao Xiaoxue answered the phone. After explaining her purpose, Cao Xiaoxue asked Fang Yi to come to the Procuratorate to communicate with her at three o'clock in the afternoon.

When he returned to the law firm, he caught up with Xie Youhe to go out for dinner, so he took Fang Yi to the fast food restaurant he often went to.

"How about meeting in the morning?" After ordering the meal, Xie Youhe looked at Fang Yi who was opposite.

"I guess it's enough. I'll go to the court to review the papers tomorrow." Fang Yi is reluctant to talk too much about the case in public.

Xie Youhe nodded: "It's probably similar to what I inferred. In the afternoon, there will be a seminar on major criminal cases. I heard that people from the Lawyers Association will come. Do you want to participate?"

"I have to go to the procuratorate to discuss the case in the afternoon, and I may not be able to make it in time." Fang Yi said with a smile.

"Well, it doesn't matter if you don't go, it's all empty talk, it's useless." Xie Youhe said in a low voice.

"How is your son? Is he still in the city?" Fang Yi asked.

"No, I was sent to the capital. I'm working as a western cook there." Xie You said softly.

"You don't need to worry about your work, you don't need to worry about your daughter-in-law, you've got it. Now wait for your son to get married and have a grandson?!" Fang Yi laughed.

"Hey! Young people are under a lot of pressure now. To marry a wife, you must have a house. A house crushes people to death!" Xie Youhe sighed.

"Doesn't your family have a house? Why worry about it!" Fang Yi asked puzzled.

"It's not what you said. My family only has a big three-bedroom house. If I buy a house in this city, I don't have much pressure. I can get a loan from the bank. Our couple's salary plus pension is enough to repay the loan. The quality of daily life Do not drop.

Now my son has gone to the capital, where housing prices are extremely high, tens of thousands per square meter, we have to become tenants to buy a flat, and work for the bank every day.Life is all about living!Do you think I can not worry? ! "Xie Youhe said helplessly.

"There are many things that we can't predict or control. Maybe your son's foreign daughter-in-law doesn't want a house in the capital. She brings her own dowry and builds a castle for you to live in." Fang Yi said with a smile.

"With your good words, I hope they will settle abroad, so that our husband and wife will have less trouble. We don't have to be house slaves, and we don't have to worry about our grandson's school district house." Xie Youhe sighed.

In the afternoon, Fang Yi went to the county procuratorate. He was not only received by Cao Xiaoxue but also her master, the middle-aged female prosecutor whom he had met before—Prosecutor Li.

"Lawyer Fang, I won't play around with you anymore. After the case was transferred, my master Li Bin communicated with us about recovering stolen money. I have also seen the case you submitted to the public security department.

Since you came to me on behalf of the Shengfeng Group to communicate with me about recovering the stolen money, my teacher and I also discussed it, and I think the key to this matter is the nature of the reward, whether it is a gift or a transaction.This characterization will directly affect whether we recover the stolen money. "Cao Xiaoxue said coldly, there was still a cold light in her big beautiful eyes.

"Lawyer Fang, we want to hear the opinions of Shengfeng Group." Inspector Li smiled.

"Well, thank you both for taking your precious time to communicate with me about recovering the stolen money. According to the provisions of Article 60 of the "Criminal Law" No. [-], all property illegally obtained by criminals should be recovered or ordered to be returned.

Article No. 11 of the "Several Provisions of the Supreme People's Court Concerning the Enforcement of Parts of Property Involved in Criminal Judgments" stipulates that if the person subject to execution gives the property involved in the case to a third party free of charge or at a price significantly lower than the market, the person subject to execution shall The people's court shall recover the money.

In my opinion, there is no agreement to purchase services between the criminal suspect and the anchor, the reward behavior should be a gift, and all rewards received by the anchor should be recovered in full. "Fang Yi said.

Although there are differences between the theoretical and practical circles on whether tipping is a gift or a transaction, for Fang Yi, he will use that theory to maximize the interests of the Shengfeng Group.Only by convincing the procuratorate can the procuratorate communicate with the court on the recovery of stolen goods.

"I don't think so. According to the business model of live broadcasting, the criminal suspect's tipping behavior is a transaction between him and the network anchor. The criminal suspect's tipping is to let the anchor perform for him and obtain spiritual pleasure. The above two parties are the relationship between serving and being served, not a gift.

Although the suspect used illegal income, that is, stolen money, for the purpose of protecting the transaction order, the reward money should not be included in the scope of recovery. "Cao Xiaoxue objected.

Yo ha!It was the first time in three days that she looked at her with admiration, this girl has grown up, and it seems that she can't convince these two without a little effort.

"Well..., I disagree with your statement. Even if the tipping behavior between the criminal suspect and the host exceeds the scope of gifts and is a consumption behavior, the money used by the criminal is illegal income. To put it bluntly, it is stolen money .

I think that if the tipping money is the legal income of the criminal suspect, then how much he tipped belongs to his consumption, and there is no such thing as invalidation or cancellation of the contract. However, the criminal suspect used stolen money. According to the "Criminal Law" The above provisions should be recalled. "Fang Yi argued.

(End of this chapter)