Lawyer

Chapter 518 Crimes of Illegal Business Operations and Crimes of Forging Valuable Notes
"Is this number of bath tickets confiscated by the public security organs?" Fang Yi asked calmly.

"Well,... no, it's all the bath tickets I printed." Sun Shengli changed his words in the middle of the sentence.

"How many copies did you sell?" Fang Yi asked.

"There were only a few, but a total of twenty were sold! They were all sold at a discount, and no money was made. Really! Although people in the county recognize this, not everyone needs it." Sun Shengli rolled his eyes. with.

Fang Yi knew at a glance that this guy was a hob meat, and there must be more than that printed. Since the public security organs can't find out, why should he bother, and he will know when he looks back at the case file.

"Is there a company seal on the bath ticket?" Fang Yi asked.

"Yes, the bath ticket is the seal of the hotel's administrative department. I took the bath ticket to the place where the seal was engraved and asked, and they said that it was engraved by the company itself, not the kind that was filed." Sun Shengli said.

After coming out of the detention center, Fang Yi turned his head away. The procuratorate accused Sun Shengli of crimes, and he felt that something was wrong.

"Xiao Zhou, do you think there is anything wrong with Sun Shengli's case?" Fang Yi turned to look at Zhou Ying beside him and asked.

"I just googled the law. Article 220 of the "Criminal Law" stipulates that violations of financial licensing, import and export licensing, and monopoly licensing and other legal provisions, disrupting market order, and serious circumstances constitute the crime of illegal business operations.

Although there is a back-and-forth clause of "other illegal business activities that seriously disrupt market order", I always feel that the private printing of county hotel bath tickets cannot be compared with the above-mentioned permits, and cannot seriously disrupt market order.

So I think there is something wrong with the accusation charged by the procuratorate, which is a bit too big.

Article 280 of the "Criminal Law" includes the crime of forging the company seal. Do you think Sun Shengli will constitute the crime of forging the company seal? "Zhou Ying asked.

"The crime of forging a company seal is a practical crime. In the theoretical and practical circles, many people believe that as long as the act of forging a company seal is carried out, it can constitute a crime.

However, I think this understanding is not very accurate. If the circumstances are obviously minor and the harm is not great, it should not be considered a crime.

For example, Article 1000 of the "Public Security Management Punishment Law" stipulates that forging or altering the seals of enterprises, public institutions or other organizations shall be detained for not less than [-] days but not more than [-] days, and may be fined not more than [-] yuan; Detention for less than ten days may also be fined not more than five hundred yuan.

Therefore, for general forgery of seals, if the circumstances and consequences are not serious, according to the principle of adapting the crime to the punishment and the principle of modesty, the Public Security Management Punishment Law should be applied instead of being punished as a crime.

Although Sun Shengli forged the company seal, according to what he said, he only forged one, and he was seized before selling many bath tickets, which may not constitute the crime of forging the company seal. "Fang Yi said.

"Since it does not constitute a crime, should we plead not guilty?" Zhou Ying asked.

"In the afternoon, let's go to the county procuratorate to review the papers, just to communicate with the prosecutor, see the prosecutor's opinion, and make a defense plan after reviewing the papers.

However, how to characterize private printing of bath tickets is indeed not clearly stipulated in the "Criminal Law", and there is no relevant content in the judicial interpretation.But there is a crime of counterfeiting valuable documents in the "Criminal Law", you study it. "Fang Yi smiled.

Three days later, Sun Rongrong walked into Wanhua United Law Firm again.

"Lawyer Fang, how about my brother's case? Will he be sentenced?" Seeing Fang Yi and Zhou Ying walk into the conference room, Sun Rongrong's eyes showed anxiety.

"We have communicated with the procuratorate. The prosecutor believes that your brother's sale of bath tickets constitutes the crime of illegal business operation and the crime of forging valuable certificates. It should constitute the crime of forging valuable notes, and we are going to defend your brother with a lesser crime." Fang Yi said.

"Lawyer Fang, what's the difference between these two charges?" Sun Rongrong asked.

"Let me tell you about the most direct impact. Those who forge a large amount of valuable vouchers shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; for illegal business operations, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention." Fang Yi explained.

After all, Sun Rongrong is not from the legal circle, and her education level is not too high. Fang Yi felt that if she explained too much, it would make it difficult for her to understand. It would be more intuitive to tell her the simplest and clearest difference.

"Oh, I understand. It means that if we win, the highest court will sentence my brother to two years in prison, is that true?" Sun Rongrong said after understanding.

"Yes, it is also possible to be sentenced to criminal detention or public surveillance," Fang Yi said.

Two days before Fang Anzhi started school, Sun Shengli's case started.

In the fifth court of the county court, the three judges of the collegial panel sat on it and listened to the public prosecutor read out the indictment.Sun Rongrong sat in the auditorium, and beside her sat an old man who looked 80 or 60 years old (actually less than [-] years old), slightly hunchbacked, and his black and red face was full of wrinkles. He was Sun Shengli's father .

"...This court believes that the defendant Sun Shengli illegally printed a large number of bath tickets and sold them in the society in order to seek illegal profits. His behavior seriously disrupted the economic order of the local market and caused certain losses to the business unit.

The defendant illegally printed a large number of bath tickets, which met the provisions of "serious circumstances" in the crime of illegal business operation, and his behavior violated Article 220 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is credible and sufficient. Convicted and punished for the crime, and investigated for criminal responsibility.

Defendant Sun Shengli pleaded guilty and accepted punishment. According to the provisions of Article No. 15 of the "Criminal Procedure Law of the People's Republic of China", he can be dealt with leniently.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

Presiding judge, the indictment has been read out. "Said the male prosecutor sitting at the head of the public prosecutor's seat.

"Defendant Sun Shengli, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" asked the presiding judge.

"I have no objection. I plead guilty and accept punishment." Although Sun Shengli doesn't know the law, he knows the truth of being alone in society for a long time and not fighting for power, so in order to fight for leniency, he agrees with everything the prosecutor said.

Of course, when the prosecutor went to see him before, he also told him that as long as he pleaded guilty and accepted punishment, the prosecutor would consider it when sentencing and suggested a lighter punishment.

When the prosecutor read the indictment just now, he also said that he could be dealt with leniently, which made him feel more at ease. As for the charges..., he was more concerned that the court would sentence him for a few years.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

In fact, Sun Shengli's case was very simple. After the prosecutor asked a few simple questions, the interrogation ended.The prosecution and the defense did not dispute the facts of the case, and Fang Yi also asked a few simple questions.

……

(End of this chapter)