Lawyer

Chapter 425 It's Not Simple!

"Live broadcast tipping is a kind of consumer behavior. Although the money used by the criminal suspect's tipping is illicit money, it cannot be denied that his behavior is still a civil act, so I think the bona fide acquisition system can be applied to this case.

Although at present, my country's laws and regulations do not clearly stipulate whether the bona fide acquisition system can be applied to stolen money, according to the provisions of Article No. , will not be recovered during the execution procedure.In other words, the bona fide acquisition system can be used in the process of recovering stolen money. "Prosecutor Li said.

"Well... what you said makes sense, and it seems to make sense legally, but you may have overlooked one point. "Several Provisions of the Supreme People's Court on the Enforcement of Partial Property Involved in Criminal Judgments" No. 11 stipulates that the enforcement If a person gives the property involved in the case determined by the criminal judgment as stolen money to a third party without compensation or at a price significantly lower than the market price, the people's court shall recover it.

In other words, although the bona fide acquisition system can be used in the process of recovering stolen money, the bona fide acquisition requires services that correspond to prices and transactions that are reasonable and fair.However, the amount of reward in this case is huge, which obviously does not belong to the category of reasonable transactions. "Fang Yi thought to himself: Thanks to the preparation before, or I was really bluffed by you."

Cao Xiaoxue and Prosecutor Li glanced at each other, their eyes lit up, as if they had thought of something.

"Lawyer Fang, what you mean is that the service that the criminal suspect used to tip the stolen money does not match its value." Prosecutor Li said.

"That's right, since it's consumption, there must be a consideration. Let me put it more vulgarly. Two girls in the [-]th and [-]th years can be worth more than [-] million yuan if they dance twice and sing two songs in the live broadcast room? She dances every day, dances Last year, a broken leg was not worth the price!

What's more, they are not stars, or national dancers.Not worth it at all! "Fang Yi said.

Fang Yi really wants to say how much compensation is paid for a person who dies nowadays, how much is dancing and singing worth?But he also felt that comparing the value of life with the live broadcast was too exaggerated, so he didn't say it.

"Well, your statement is not unreasonable, but their services are also of certain value, which cannot be denied. If they are all recovered, it will inevitably infringe the rights and interests of the live broadcast company and the anchor, but for the part that obviously exceeds the value of the service, The bona fide acquisition system may not apply, and we can pursue it." Prosecutor Li nodded.

That's right, although I can't get all the stolen money back, at least I can get back part of it, and the lawyer's fees are settled.Fang Yi felt more at ease.

"Lawyer Fang, please submit a written lawyer's opinion, and we will report to the leader." Inspector Li said.

"If the above approves, can the two of you go to the live broadcast company with me, I want to talk to them." Fang Yi tentatively asked.

Prosecutor Li smiled and said: "I'm afraid this is not possible, but our procuratorate has the obligation to recover the losses of the victimized unit. If the court agrees with our opinion, we will freeze the amount involved in the live broadcast company's bank account first, and wait until the court makes a decision." Then, send it back to the victim.

However, the reasonable consideration for the live broadcast service cannot be determined at present, and it is not clear how the specific court will judge. If the two parties reach an agreement, you can also submit a written opinion to us, and we can use it as a reference to recommend the amount to be returned to the court. "

Prosecutor Li made it clear that although you cannot give Fang Yihu a chance to pretend to be powerful, if the procuratorate believes that the reward is stolen money that should be recovered, the procuratorate can freeze all the money first and return it after the court judges. If the live broadcast company and Shengfeng If the group agrees through consultation, the procuratorate will respect the opinions of both parties.

"Thank you, thank you both for your strong support. On behalf of Shengfeng Group, I would like to thank you both." Fang Yi said excitedly.

"I'll ask Xiaoxue to call you when the approval is approved." Inspector Li smiled.

If this case can be resolved smoothly, Prosecutor Li and Cao Xiaoxue will also be honored, and they will recover the economic losses for important enterprises in the county. It will definitely be a bright spot when it is included in the work summary at the end of the year.

After Fang Yi left, Cao Xiaoxue breathed a sigh of relief: "Master, your solution is better. Now the problem is solved."

"No way, we are so busy that we don't have time to study this and that problem, so it's a good solution to throw the above problems directly to the lawyers of Shengfeng Group. Since he wants to earn legal fees, he has to Take some effort.

But Lawyer Fang is indeed very professional and has enough brains.His original intention was to get back all the reward money, but when he realized that it was impossible, he quickly changed direction and asked for more than the service consideration.

I'm sure, he had already thought about it before he came here, if he can stay with you, we will pay the full amount, and if you can't stay with him, he will play by ear. Inspector Li smiled.

"If you say that, Lawyer Fang looks honest and honest on the surface, but in fact...it's not easy!" Cao Xiaoxue said with wide eyes in surprise.

"It goes without saying that once you get in touch with more lawyers, you'll understand that you can't be a lawyer with a simple mind, let alone make money." Prosecutor Li laughed.

Early the next morning, Fang Yi submitted the lawyer's opinion to the procuratorate, and the rest was up to the procuratorate.After Fang Yi came back from the county procuratorate, he told Sister Lan about the situation, and Sister Lan was in a good mood.

A few days later, the procuratorate froze the corresponding funds in the bank account of the live broadcast company on the grounds that the rewards received by the live broadcast company involved in criminal cases. Because the frozen amount was relatively large, the total funds in the live broadcast company’s bank account were only more than 1000 million yuan , Eight hundred and 90 yuan was frozen at once, and there was a problem with the company's operations, and the shareholders had to pay for blood transfusions to the live broadcast company out of their own pockets.

The legal advisor of the live broadcast company immediately approached Cao Xiaoxue to negotiate, and submitted a legal analysis opinion from five well-known law professors in Beijing, arguing that the reward money from the live broadcast company was a legal transaction and should not be pursued. Freezing of company bank accounts.

Cao Xiaoxue's character of that little pepper was immediately revealed, without flinching, she questioned the live broadcast company's legal adviser, whether the law professor's analysis is a law or a regulation, and what is the effect?Her machine-gun questioning made the legal adviser very embarrassed. In the end, Prosecutor Li came out to smooth things over and told the legal adviser that the case has been transferred to the court. If the court thinks that the money should not be pursued, the procuratorate will immediately lift the freeze.

This couldn't be more clear. The live broadcast company can have different opinions, but everything has to wait for the court to decide.

The procuratorate can afford to wait, sister Lan can afford to wait, and Fang Yi can afford to wait even more, but the live broadcast company can't afford to wait. Now is the time when live broadcast is hot, and there are several funds that want to invest in the live broadcast company. If the live broadcast company involves stolen money If the incident is exploited by competitors, the consequences will be disastrous and the losses will be great.

(End of this chapter)