Lawyer

Chapter 494 A Beam of Light
"Well, there are indeed similarities between the two charges in terms of subject and objective, but it is easy to confuse the two points of 'operating for others' and 'entrusting the profitable business of the unit to one's relatives and friends'. In judicial practice, it is indeed difficult for the judiciary to distinguish between the two charges." Fang Yi handed Zhou Ying a cup of tea and said with a smile.

The trainee lawyer in front of me may be my colleague, colleague, or my network in the future. Fang Yi understands the hardship of a trainee lawyer. He is a senior lawyer and partner, and the other party has only stepped into the threshold. So what with a belt.Therefore, his attitude towards trainee lawyers has always been relatively gentle, which may have something to do with his personality.

In addition, Fang Yi is not afraid of teaching apprentices to starve to death of the master, because whether it is professional skills or local reputation, trainee lawyers are far from him, and they are not on the same level at all.

Even in this year's internship, what Zhou Ying got was dry goods, which was only a drop in the bucket, and theory and practice always need to complement each other and be constantly updated and iterated.

When lawyers have a certain professional ability, they will find that there is still a hurdle for the client. The client's trust in a lawyer cannot be established by eating, drinking and drinking. , has a lot to do with the evaluation of the industry.

Sometimes it even has a lot to do with the lawyer's background, such as certain businesses that require special relationships. Of course, this kind of business is also a gray business that is wandering on the edge, and if it is not good, it will be entered.

Therefore, after going through untold hardships to obtain a lawyer's certificate, young lawyers will find that they have entered a red sea, which has no end in sight, and can't make any money at all. If they want to survive, they can only "roll more".

Before Wan Kefa became famous back then, a senior in the legal field helped him at a critical moment. Now Wan Kefa is optimistic about Fang Yi and is willing to help him.But Fang Yi was grateful and felt that he also had to learn from the fat old man and help outstanding young lawyers grow up quickly.Because they all have a beam of light in their hearts, a beam of positive energy.

"Then how to distinguish between these two charges?" Zhou Ying asked with her head tilted, frowning.

In her opinion, the provisions of the "Criminal Law" can be seen at a glance, but when it comes to specific cases, if it is used all wrong, what have I learned over the years?She deeply suspected that she had been abandoned by the times!
Fang Yi saw her confusion, took a sip of tea, and said, "Look at the laws on these two crimes again. Their constituent elements are different. The crime of illegally operating a similar business requires profit, and it must reach the amount. Huge; the crime of illegally making profits for relatives and friends requires that the behavior of the perpetrator must cause losses to the enterprise.

In judicial practice, there are situations where there are both profits and losses to the enterprise, that is, both. Judging from the existing cases, this situation is generally recognized as the crime of illegally operating similar businesses.

Let me analyze the above two elements for you and you will understand the difference.

The crime of illegally operating similar businesses requires the perpetrator to have specific business activities.Regardless of whether it is operating for itself or for others, the actor's operating behavior must be a positive behavior that takes advantage of his position to operate and make profits, and it is an actual behavior.

The so-called profit means that the operating profit obtained by the actor from operating the enterprise must have a causal relationship with the operating activities he takes advantage of his position, and the amount of operating income must be huge.

Let’s look at the crime of illegally making profits for relatives and friends. Regardless of whether the perpetrator is taking advantage of his position to operate (by himself or for relatives and friends), or entrusts relatives and friends to operate the profitable business of his unit, his purpose is to seek illegal benefits for relatives and friends.

Although the perpetrator may gain certain benefits from it, the perpetrator's benefit comes directly from relatives and friends, which is of the nature of accepting bribes.

To put it bluntly, the former is to seek illegal benefits for oneself, and the latter is to seek illegal benefits for relatives and friends. "

"Well, I seem to understand that when distinguishing between these two crimes, the main thing is to see who gets the benefits, that's it." Zhou Ying scratched her head and said.

"Well, it can also be said that when you have more exposure to such cases, you will understand. You can search some cases on the Internet and try to analyze them yourself, and your understanding will be deeper.

By the way, you and I will go to the procuratorate next Monday. Zhang Wen's case has been transferred to the procuratorate for a few days.His father called me and wanted to continue entrusting. "Fang Yi said.

"When will the entrustment procedures be signed? I'll prepare it." Zhou Ying said.

"Tomorrow Saturday, Zhang Feng will come here at ten o'clock in the morning to sign the entrustment procedures for the review and prosecution stage. The lawyer's fee is 5000 yuan. If you prepare all the procedures, you don't have to come here." Fang Yi said.

Fang Yi thought clearly that he was not his assistant, so he should rest so that he could rest, there was no need to be angry and complain.

"Okay, thank you, Lawyer Fang. I'll bring it to you when I'm ready." Zhou Ying smiled.

A few days later, Zhang Fengcai came to Wanhua United Law Firm again. This time, Fang Yi called him and asked him to come here, mainly to analyze and explain the case and communicate about the entrustment matters during the trial stage.

"Lawyer Fang, what you said just now, I understand the core meaning is that my son Zhang Wen does not constitute the crime of illegally operating a similar business, right?" Zhang Fengcai looked at Fang Yi with joy in his eyes.

"Yes, I personally don't think Zhang Wen constitutes a crime. We also communicated with the prosecutor in charge of your son's case before. The procuratorate has transferred Zhang Wen's case to the court yesterday. You have to prepare in advance..." Fang Yi said.

His meaning is very clear. The procuratorate thinks it constitutes a crime, but we think it does not constitute a crime. The case of your son Zhang Wen has been transferred to the court. Would you like to entrust it?If entrusted, discuss attorney fees.

As the saying goes, people are old, horses are slippery, and rabbits are hard to catch when they are old.Zhang Fengcai has been in the society for so many years, he knows Fang Yi's subtext very well.

"Well, if I ask you to defend my son, how will you charge the lawyer's fee?" Zhang Fengcai asked after hesitation.

"At the trial stage, lawyers need to spend more energy, so the fees will be higher, and the lawyer's fee is 5 yuan." Fang Yidao.

Zhang Fengcai breathed a sigh of relief. Before Fang Yi quoted the price, he felt that such a large law firm and the lawyer opposite him was a partner, so the legal fee must be indispensable. He did not expect Fang Yi to quote 5 yuan, which was within his acceptance. within range.So he hesitated and agreed.

Human freedom is priceless, but the defense of criminal cases is priceless in the hearts of the parties and lawyers, and the lawyer's fee is the result of the agreement reached by both parties.

The reason why Fang Yi reported 5 yuan in legal fees was because he thought the case was relatively simple and not too complicated;

After completing the entrustment procedures and paying the lawyer's fees, Fang Yi sent Zhang Fengcai away.The next step is to wait for the court hearing notice.

　It's the end of the month, thank you all book friends for your support, ask for monthly tickets, recommendation tickets, and collections.

　　
　
(End of this chapter)