Lawyer

Chapter 463 Why is it not a surrender?

"Oh, that's right!" Lu Ping nodded and said, "Lawyer Fang, do you have any good ways to reduce the punishment imposed on them by the court?"

"Lawyer Fang, Sister Lu and I are old friends, please help us find a way." Yunmei interrupted.

"What did the lawyer they hired say?" Fang Yi asked after thinking about it.

"The lawyer said that he would help them clear up the relationship and let them ask the victim for a letter of understanding." Lu Ping said.

"It's not for me to express my opinion on the matter of dredging the relationship. But it is feasible to actively compensate the victim and obtain the victim's letter of understanding. After the letter of understanding is obtained, the court will consider it when sentencing.

In addition, your brother may have surrendered himself. If he has a good attitude of repentance, voluntarily admits guilt and accepts punishment, plus the letter of understanding issued by the victim, he may be able to get a probation without going to jail.You must tell your brother not to confront the public security organs and the procuratorate, but to cooperate with the investigation, because his attitude will involve sentencing. "Fang Yi said.

If there is evidence and facts, Lu Guang admitted it himself. In Fang Yi's view, the only way to do this is to actively cooperate with the public security organs and the procuratorate in the investigation and strive for leniency.

"Well, I understand. What about Lu Lin, can he also be identified as surrendering himself and be given a lighter punishment?" Lu Ping then asked.

"The matter of Lu Lin is a bit complicated. According to what you just said, Lu Lin was called over by others when the police were handling the case at the scene, and was later summoned by the public security organ. He may not meet the legal requirements for surrendering himself. .” Fang Yi said.

"Why is this? My younger brother also told the story after he was notified to go to the public security organ. The police said he surrendered himself. Why doesn't Lu Lin count?" Lu Ping said.

"Not all criminal suspects who truthfully confess the facts after being summoned by the public security organs constitute surrender. According to the provisions of Article 60 of the "Criminal Law" No. [-], those who voluntarily surrender after committing a crime and truthfully confess their crimes are surrendered. Criminals may be given a lighter or mitigated punishment.

To put it simply, surrender includes two conditions, the first is voluntary surrender, and the second is a truthful confession.

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Dealing with Surrender and Meritorious Service" (Fa Shi [1998] No. 8):
Voluntary surrender refers to voluntary and direct surrender to the public security organ, the people's procuratorate or the people's court when the facts of the crime or the criminal suspect are not discovered by the judicial organ, or when the criminal suspect is discovered but the criminal suspect has not been interrogated or taken compulsory measures. .

Truthful confession of one's crime refers to the fact that the criminal suspect truthfully confesses the main criminal facts after he voluntarily surrenders.

However, Lu Lin was called to the scene of the crime, so he did not take the initiative. Afterwards, someone at the scene may point out that he smashed the Mercedes-Benz, so the police verbally summoned him to go to the public security organ to cooperate with the investigation, and then took compulsory measures against him. measure.

I speculate that the police already knew that he did it, and they used the verbal subpoena to keep him safe, lest he escape, and the police will naturally take measures against him when he arrives at the public security organ.

I also speculate based on what you said about the incident, which may not be accurate.The lawyers they entrust need to judge according to the actual situation.

But you don't have to worry too much, Lu Lin is an accessory, and the punishment can be mitigated according to law.If Lu Guang is sentenced to probation, he should also be able to win probation. "Fang Yi said.

"Oh, that's right. Then I understand. Thank you, Lawyer Fang. When I get back, I will call my brother and ask him to follow your instructions and cooperate with the procuratorate in investigating the case." Lu Ping nodded.

After dinner, Fang Yi drove Yunmei back to Yunwu Tea House. Just as Fang Yi was about to leave, Yunmei asked him to wait a while, and came out with a gift box after entering the tea house.

"I'm really sorry to bother you today. I see that you like drinking Pu'er tea quite a bit. It's not a small gesture of respect." Yunmei said as she put the gift box on the back seat of the car.

"You don't have to be polite, it's nothing. Besides, Ms. Lu has already given me a red envelope, but I didn't help much." Fang Yi said with a smile.

"No, one yard counts for one yard. Today's incident was too sudden. I have to thank you. Be careful on the way back. Goodbye!" Yunmei smiled and turned into Yunwu Tea House.

Fang Yi turned his head and glanced at the gift box on the back seat. It was the Pu'er tea he drank with Wan Kefa this afternoon.

A week later, Zhou Yingqi's case came to a verdict.Fang Yi went to the intermediate court to receive the verdict.

The Intermediate People's Court held that the defendant, Zhou Yingqi, as a senior executive of a state-owned enterprise, took advantage of the convenience formed by her position and power to seek illegitimate benefits for others. The amount was huge. Her behavior constituted the crime of accepting bribes and should be punished according to law.The fact that the Municipal Procuratorate accused the defendant Zhou Yingqi of accepting bribes of 1808 million yuan was clear, the evidence was reliable and sufficient, and the charges were established.

In view of the specific circumstances of this case, and comprehensively considering that Zhou Yingqi had the aggravating circumstances of accepting bribes for others to seek promotion, and her family members returned all the stolen money on her behalf, Zhou Yingqi pleaded guilty and repented in court, and truthfully confessed the mitigating circumstances of the crime.The verdict is as follows:
30. The defendant, Zhou Yingqi, committed the crime of accepting bribes and was sentenced to three years in prison, suspended for three years, and fined RMB [-];
280. Of the 1808 million yuan seized in the case, 30 million yuan was confiscated as illegal gains, [-] yuan was included in the fine and executed, and the remaining amount was returned to the defendant Zhou Yingqi;
[-]. The three Zhou Yingqi bank cards seized in the case were returned to the Municipal Procuratorate; the bank accounts frozen in the case were unfrozen; a set of real estate in Wanhaijiayuan in this city and a set of real estate in Huihai Xinyuan, Chaoyang District, Beijing were seized on the record be lifted.

"Lawyer Fang, this means that the Intermediate People's Court only recognized the 1808 million yuan that Zhao Xiaojie gave me for promotion, and did not recognize the other payments as bribes. Is that what you mean?" Zhou Yingqi saw in the conference room of Wanhua United Law Firm. Surprised by the verdict.

She never dreamed that the court would give her a suspended sentence. At this time, she was extremely grateful to the judge of the middle court.

"That's right. The Intermediate People's Court thinks that you accepted Zhao Xiaojie's request to deal with his promotion, which constitutes bribery, and the others are not considered bribes. But I personally think that the Intermediate People's Court's judgment is a bit far-fetched.

Of course, it is up to you whether you want to appeal or not. "Fang Yi said.

He was somewhat surprised by the decision of the intermediate court. Fang Yi felt that the 30 yuan from Jiayue Company was more likely to be regarded as bribery money, but the court believed that the 1808 million yuan that Zhou Yingqi collected for Zhao Xiaojie’s promotion was bribery money. That 30 is not a bribe.

Theoretically speaking, he disagreed with the content of the intermediate court's judgment. He always believed that Zhou Yingqi's promotion was based on Zhou Yingqi's lover's help, not for money.In addition, if Zhou Yingqi appeals, he can also charge another lawyer's fee.This is what he really thinks.

(End of this chapter)