Lawyer

Chapter 431 Is it unexpected?Surprised or not? !

"It's been more than a year since this case, and I almost forgot about it. Two days ago, the client suddenly came to me for a drink, and I asked him what was the happy event. He said that the judge who was in charge of his company's intellectual property case had committed a crime of civil perversion of the law. It was investigated by the procuratorate.

During the investigation process, the procuratorate investigated the plaintiff of the case, that is, the opposing company, its attorney and relevant personnel of the law firm.

The other party admitted that it was the idea of ​​the lawyers of the law firm that their company sued my client for the dispute over the computer network domain name infringement of the exclusive right to use a trademark, and they maliciously colluded with him to deliberately create a false lawsuit. The trademark held by the company was recognized as a well-known trademark to provide convenience, and the relevant evidence in the trial was forged under the instruction of the lawyer.

Later, the Procuratorate submitted a protest to the Provincial People's Procuratorate on the grounds that the case involved a false lawsuit.After the Provincial People's Procuratorate filed a protest, the Provincial Higher People's Court accepted the case and ordered the Intermediate People's Court to retry it.

After the retrial, the Intermediate People's Court supported the procuratorate's grounds for protest, determined that the case was a false lawsuit, rejected all the other party's claims, and admonished the other party in court.

Don't mention how relieved my client is! "Huang Yuanchao said.

"How did the law firm and lawyers deal with it?" Wan Kefa asked.

"The procuratorate handed over the lawyer and the law firm involved in the case to the public security organ for another case. It is said that the law firm took all the responsibility and the client shifted the responsibility to the lawyer. The lawyer license was also revoked.

The legal representative and legal manager of the plaintiff company were also sentenced. "Huang Yuanchao said.

"In my opinion, this matter may not be entirely the responsibility of the lawyer. It is very likely that the client held back and pushed the lawyer to take the blame." Wan Kefa snorted coldly.

"Is it possible? Shouldn't the lawyer be more professional than the client?" Fang Yi wondered.

"Lawyers are only professional in law. They can't keep up with those who do business when they play tricks. They are all human beings, especially the boss who can make the business bigger. He didn't grow up from intrigue. Lawyers are far behind. "Wan Kefa said.

"What the boss said is very true. The lawyer who blamed him is said to be a salaried lawyer. He has only been working for a few years, and the clients are not his. How could he give someone an idea to make a false lawsuit, and he will be tricked [-]% of the time. , and can’t produce any evidence, so I can only take the blame.” Huang Yuanchao added.

"Insidious! It's too dark." Fang Yi shook his head and said.

"You should be lucky. When you meet a team leader like the boss, you need experience, qualifications, qualifications, resources, resources..." Huang Yuanchao wanted to continue filming, but was kicked by Wan Kefa.

"Okay! It's on the horse's leg..." Huang Yuanchao rubbed his calf and said with a smile.

Fang Yi was so teased that he sprayed out a sip of tea, which landed on Huang Yuanchao's face.

Zou Guang's case was opened soon. The procuratorate accused Zou Guang of fraud. The defendant Zou Guang pleaded guilty and accepted punishment. Zou Guang was given a lighter punishment and sentenced to one year in prison.

The three parties should have been happy, but they were disturbed by the court's decision.

The court held that the defendant, Zou Guang, secretly stole other people's property many times for the purpose of illegal possession, and the amount was relatively large, which constituted the crime of theft.The defendant, Zou Guang, committed a crime that should be punished with fixed-term imprisonment or higher within five years after the execution of the punishment was completed. He is a repeat offender and should be given a heavier punishment; If he has the same kind of crime under his control and voluntarily pleads guilty in court, he can be given a lighter punishment.

In the end, the court sentenced Zou Guang to one year and six months in prison for the crime of theft, and fined him RMB 3000; he ordered the defendant to refund his illegal gains.

Is it surprising?Surprised or not? !Both the public prosecutor and the defender believed that Zou Guang constituted a crime of fraud, but the court convicted him of theft, which was completely beyond the expectations of both parties.

As soon as the verdict came out, before Fang Yi could speak, the prosecutor exploded first!
The procuratorate accused fraud, but the court ruled the crime of theft. The prosecutor was very unconvinced, thinking that the charges he charged were correct, and the court's judgment was wrong, but the judgment has been announced and the only way to go is to protest.

Seeing the angry look of the procurator walking out of the court, Fang Yi knew that the procuratorate would probably file a protest.

Outside the court, Zou Darliang looked at Fang Yi with complicated emotions.

He sat in the auditorium during the trial, and he heard the defense opinions of Fang Yi and the prosecutor. The sentence and charges judged by the court were inconsistent with the judgments of the procuratorate and Fang Yi. , why the charge has changed?Could it be that the procuratorate and the famous Attorney Fang have misjudged him?He was very surprised.

"Lawyer Fang, this..."

Zou Daliang wanted to say something, but then he thought that what Fang Yi said was right, the sentence sentenced by the court was indeed within three years.And this sentence is not unacceptable, after all, his son committed a crime and is a repeat offender.

"There are indeed problems in the first trial, do you want to appeal?" Fang Yi said.He also found it incredible, why was he convicted of theft?
Not only the prosecutor refused to accept the judgment of the court, but he also dissatisfied. The court's judgment negated his judgment and slapped him severely in front of the client.

The most important thing is that the judge's qualitative discussion of the case in the judgment could not convince him, he thought there was a problem with logic.

Zou Darliang opened his mouth, he wanted to ask how much money would be needed for the appeal and what was the chance of reducing the sentence, but he still didn't say anything in the end.

Fang Yi looked at him, understood his concerns, and said, "How about this, I will file an appeal as Zou Guang's second-instance defender, and the attorney's fee of 3000 yuan will be enough."

"Can the sentence be reduced by a few months?" Zou Daliang didn't care about the charges, what he cared about was whether the second trial would change the sentence and reduce the sentence.

"It's hard to say, I can't give you a guarantee. But if there is any change in the sentence suggested by the procuratorate, the final sentence of the second trial may be adjusted." Fang Yi shook his head, expressing his worries.

"In court, didn't the procuratorate suggest a one-year sentence? Will there be changes?" Zou Darliang asked with a puzzled face.

"The prosecutors who appeared in the second trial were not the prosecutors of the county procuratorate, but the prosecutors of the city's procuratorate. It is hard to say how they will decide this case. The higher-level procuratorate has the right to change the protest opinion of the county procuratorate based on its own understanding of the case."

Zou Darliang doubtfully said: "How about... just do as you said." He was also afraid that the court of second instance would change the sentence and increase his son's sentence.

(End of this chapter)