Lawyer

Chapter 458 Why bother!

Fang Yi thought that what Zhou Yingqi said might not be true, so he also told about the situation of taking over the real estate.Let her be prepared.

"How about someone like me who buys a house after collecting money?" Zhou Yingqi asked.

"In this case, in judicial practice, in principle, the house itself or the cash equivalent to the value of the house should be recovered.

Where the source of funds for house purchase includes bribes and legal income, the corresponding share of the bribes in the house value and its income (value-added) shall be recovered.

For example, if you buy a house in the capital, one-third of the house purchase price belongs to bribes, and the remaining two-thirds of the house purchase price belongs to your legal income. The house was worth 600 million yuan at the time of purchase.After the incident, the value of the house rose to 900 million yuan, and the share that should be recovered was 300 million yuan.

As for the vehicles you mentioned, in judicial practice, the depreciation of automobiles and other items is more serious, and the value at the time of recovery is generally lower than the value at the time of receipt. According to the law, the original objects should generally be recovered, but the judiciary will seal up, store and auction them in the future. All items are inconvenient.

In this case, if you take the initiative to use the same cash value at the time of receipt as a discount, the court will generally allow it, and take into account your performance in returning stolen goods to comprehensively determine whether it is "actively returning stolen goods", and then give due consideration in sentencing . "Fang Yi explained.

"Oh, so my house and car may be confiscated! Is there any way to keep the house?" Zhou Yingqi asked.

"In judicial practice, if the family members request to keep the house and pay cash, the court can review the actual living conditions of the defendant and his family members. If the family member's request is agreed for humanitarian considerations, the house value is generally calculated based on the time of recovery. , pay the same amount in cash." Fang Yidao.

"Oh, it means that if I want to keep the house, I have to convert it into cash at the current price and hand it over to the procuratorate, right?" Zhou Yingqi said.

"Yes. But you don't have to worry. In fact, the amount of bribes determined by the procuratorate may not be fully recognized by the court." Fang Yi said.

"Will the court deny the amount determined by the procuratorate?" Zhou Yingqi wondered.In her subconscious mind, the court will sentence as much as the amount of bribes accepted by the procuratorate.

"That's not necessarily the case. The authority of the two agencies is different, and the amount of crime identified may not be exactly the same." Fang Yi smiled.

"What you said just now is to actively return the stolen goods. My family paid 280 million to the procuratorate before. The procuratorate said that it will be considered when sentencing." Zhou Yingqi said.

"Well, actively returning stolen goods is really good for your sentencing." Fang Yi said.

After seeing off Zhou Yingqi, Fang Yi and Zhou Ying returned to the office.

"Lawyer Fang, the amount she just mentioned matches the amount in the case file. Zhao Xiaojie's statement in the case file is basically the same as her statement. They are indeed lovers, and they have developed to the point of discussing marriage. See There is nothing wrong with what she said." Zhou Ying said holding the transcript of the case.

"Judging from the existing materials, it is indeed the case. We are her defenders, and we must proceed from the facts of the case to find breakthroughs for her interests. The relationship between their lovers is beneficial to the case, so we can use this to defend.

We only need to find out the doubtful part and the part that can be reasonably explained from the bribery money identified by the procuratorate, and remove it, and we will win. "Fang Yi said.

"Then...would we be suspected of helping the defendant escape punishment by doing this?" Zhou Ying blinked her big eyes and asked half-jokingly.

"Uh..., if you think about it from another angle, shouldn't the procuratorate's accusation of a crime have solid evidence and stand up to scrutiny?" Fang Yi asked rhetorically.

"Yeah." Zhou Ying nodded.

"We lawyers are not judges, nor are we people in charge of public power. We just use our professional advantages to provide legal services to criminal suspects or defendants so that they can get the punishment they deserve. Am I right?" Fang Yi asked again.

"Well, that's right." Zhou Ying said.

"So, are we obliged to use our legal knowledge and social common sense to help the procuratorate confirm whether the charges are appropriate and prove whether the criminal evidence is reliable and sufficient? Don't let the guilty escape from punishment, and don't let the innocent Wronged?" Fang Yi continued.

"It seems to be the reason." Zhou Ying tilted her head and thought for a while.

"So we are not helping the evildoers. If the charges charged by the procuratorate are correct and the evidence provided is impeccable, there is no room for us to play, right?" Fang Yi smiled.

"Well, you're right." Zhou Ying said.

"Okay, don't feel burdened when handling a criminal case. As long as you can live up to your conscience, go ahead and do it. Unless your starting point is wrong, just to get people." Fang Yi said.

"I see. Thank you, Lawyer Fang." Zhou Ying said with a playful smile.

"Okay, go get busy. I have to think about the breakthrough." Fang Yi scratched his head and said.

Young friends, let’s meet each other. The warm wind blows gently in a small boat. The flowers are fragrant, the birds are singing, the spring is so bright, and the laughter is flying around the colorful clouds...

When Fang Yi knocked on the door of the director's office, a melodious singing came out. Wan Kefa was shaking his head and beating the beat while drinking tea, looking like he was enjoying himself.

"Xiao Fang, come here quickly, the spring is dry, drink more tea to avoid getting angry, you see you have a lawsuit on your forehead, come, drink a cup of tea and rest." Wan Kefa handed over a cup of tea.

After Fang Yi took it, he drank it down in one gulp, and poured another glass by himself.

"Drink it slowly, you call it Niuyin, not drinking tea. Did you encounter any difficulties?" Wan Kefa asked.

"It's okay, just come here to listen to old songs. Take a rest." Fang Yi smiled.

"How about Zhou Yingqi's case?" Wan Kefa asked.

Fang Yi gave an overview of the case: "What do you think? I think the lover relationship between her and Zhao Xiaojie can be used. Some parts of the more than 800 million yuan are indeed suspicious, and it can be inferred according to common sense."

"If you don't understand or have doubts, it's better to defend in the direction of doubts. Criminal cases are not like civil cases. If there are doubts, the court will generally not recognize them. When encountering such a situation, it is beneficial to us, and the prosecutor will scratch his head." Wan Wan Kefa smiled.

"Well, I think the same as you. Replace wine with tea, I propose a toast to you!" Fang Yi said with a smile.

"Actually, you have already made plans in your heart, and you just came here to confirm with me. Isn't that right!" Wan Kefa smiled while holding up his teacup.

"If you don't tell the truth, why bother?" Fang Yi smiled.

Ten days later, Zhou Yingqi's case started.The competent court is the city's intermediate court, which means that the procuratorate believes that Zhou Yingqi's bribery amount is particularly huge, and the sentence should be more than ten years.

　In the past few days, I have been looking for information, and the writing is a bit slow, please forgive me.There will be more updates later!

　　
　
(End of this chapter)