Lawyer

Chapter 718 Blind beeping is useless
"Ms. Tao, hello. I'm Fang Yi, and this is my assistant Yun Qiao." Fang Yi introduced after entering the meeting room.

"Lawyer Fang, hello." Tao Xuehong stood up, shook hands with Fang Yi and Yun Qiao, and then sat back down: "I came here this time mainly for our Lao Mi's affairs, I think this is a trick set by the other party. .”

"Oh? Can you tell me what happened?" Fang Yi asked curiously.

"No problem, I have to tell you this from the beginning. My old Mi and I used to work in hospitals. I am a surgeon and he is a Chinese medicine practitioner.

Later, Lao Mi spent many years researching rheumatism and developed a plaster for rheumatism and rheumatoid.Later, some capitalists took a fancy to his research." Tao Xuehong told the story of the incident.

Lao Mi, named Mi Jiahong, had been working in a traditional Chinese medicine hospital before. Later, after he developed a plaster for treating rheumatism, he was targeted by the capital. They sent people to invite him out of the mountain every three days, and together they started a company to sell the plaster he developed. commercialize.

Lao Mi couldn't help the other party's repeated flickers, and he really wanted to commercialize his research and development results and earn profits from it, so he agreed to the capital side. Later, he resigned from the hospital of traditional Chinese medicine and became the company's technical director and minority shareholder.

The capital side originally had a traditional Chinese medicine factory. After some transformation, it began to produce plasters for treating rheumatism. Later, after the operation of the capital side, the plasters were marketed and sold. The effect was very good, and the company made a lot of money.Lao Mi also made huge profits from this.

Just the year before last, the company's board of directors elected Lao Mi as the chairman and legal representative. He became the person directly responsible for the company's production, inventory, sales, and tax declaration.

After Lao Mi was promoted to the chairmanship, various benefits such as private car and private secretary have been improved a lot. He smiled so hard that his teeth could not be seen. He jumps down.

Half a year ago, during a routine inspection by the local taxation department, it was found that the company’s cost and income were not in line with each other. Usually, there was a certain ratio of how much raw materials the company imported and how much goods it shipped. The department immediately discovered the problem and launched a tax audit.

This investigation does not matter, the company's suspected tax evasion amounted to more than 760 million yuan, accounting for 54.62% of the tax payable in the same period.The tax authorities transferred the case to the public security organs.

Later, Lao Mi was arrested by the public security organ on charges of tax evasion, and the case was then transferred to the procuratorate for review and prosecution.

"According to what you said, your husband, Mi Jiahong, is the legal representative of the company and is in charge of production, sales and tax declaration. Why do you say that the other party tricked him? Do you have any evidence?" Fang Yi thought for a while Said.

"I don't have any evidence. The tax evasion started after our old Mi took office. Although our old Mi doesn't understand management and financial statements, he still knows how to pay taxes according to the law. It is absolutely impossible to instruct the people below to do it." This matter." Tao Xuehong explained.

"Your statement is acceptable to me, but it is untenable in court. The judge needs evidence to hear the case." Fang Yi retorted.

"The point is, tax evasion won't benefit our old Mi a penny, and he has to be implicated. What is he trying to do, it's unreasonable!" Tao Xuehong didn't have evidence in hand, and she was anxious.

"Ms. Tao, how about this, I will go to the meeting and review the papers first to see the situation, if your husband is indeed wronged, I will defend him not guilty.

If there is no evidence to prove that your husband was wronged, or that the other party's trick is perfect, let's find a way to reduce your husband's sentence as much as possible, and suggest that the court give a lighter punishment.You can see it? "Fang Yi asked.

Just listening to the other party say that there is no evidence, and this matter will not come to fruition after a day and a night. What is based on facts is to understand the facts of the case and then make a judgment.

There is a saying that goes well, if there is no investigation, there is no right to speak, and blind beeping is useless.

"Okay, Lawyer Fang, I know you are an expert in criminal matters, and I will entrust you with our Lao Mi's case." Tao Xuehong nodded in agreement.

After completing the entrustment procedures and paying the fees, Fang Yi and Yun Qiao got busy.

A day later, Fang Yi took Yun Qiao to the city in the north, and met Mi Jiahong in the detention center.

Mi Jiahong is in his fifties, he is a little bald, and he is relatively fat. He looks about two hundred catties.He is in good spirits.

After seeing Fang Yi, Mi Jiahong told the story of the incident, which was probably similar to what his lover Tao Xuehong said.

"Mr. Mi, when you were the chairman of the company, you were in charge of the company's production, sales and financial work..." Fang Yi said halfway, only to see Mi Jiahong waving at him repeatedly.

"Lawyer Fang, you may have misunderstood what I mean. Although I am the chairman of the company, in fact, except for research and development, I am only a name and do not participate in operations.

And I really don't know about tax evasion. The company's general manager Gong Zhaoguang is responsible for the actual operation of the company. I'm just a deaf ear. "Mi Jiahong's bitterness for a year.

"The general manager Gong Zhaoguang was appointed by you or..." Fang Yi asked.

"The general manager, Gong Zhaoguang, was appointed by the investor, not by me. He didn't discuss with me at all what he wanted to do, and I couldn't control him.

In addition to the research and development of this company, I am really in charge of it, and the finance, sales, and procurement are all people sent by the investor.At the beginning, I was quite beautiful, and I felt that as the chairman of the board, I had rights.Later, I found out that this was not the case at all, and I, the chairman, was the one to take the blame. "Mi Jiahong said.

"So, the actual operation right of the company is in the hands of the general manager?" Fang Yi asked.

"Yes. I'm a useless chairman. The business I'm in charge of is quite a lot, but it's all on paper and has no actual rights.

Lawyer Fang, do you think my situation constitutes a crime of tax evasion? "Mi Jiahong looked at Fang Yi.

"How should I put it? The legal representative of the company, as the most important leading member of the company, normally plays a very important role in making decisions on important issues in the company. When the company commits a crime, it must bear certain criminal responsibility.

However, it cannot be generalized. For some special cases, whether the legal representative needs to bear criminal responsibility depends on whether the legal representative has specifically participated in the criminal behavior of the unit, and whether he has played the role of organization, command, and decision-making in the process of the unit crime. to determine whether it constitutes a crime.

For example, if an individual decides to commit a unit crime according to his authority, the person in charge who is directly responsible should bear the corresponding criminal responsibility.

Therefore, if there is evidence to prove that you really don't know about the company's tax evasion, and that it was all done by the people below, you may not constitute a crime.

Of course, the main thing is to look at the evidence.In the afternoon, we will go to the procuratorate to review the files, and we will come to see you again before the trial and tell you the lawsuit plan. "Fang Yi explained.

(End of this chapter)