Lawyer

Chapter 721 Angry Old Mi
After Du Yong finished speaking, Fang Yi took a cigarette from the table and handed it to Du Yong. After the latter took the cigarette, Fang Yi took out another one from the cigarette case, and Du Yong hurriedly took out a lighter to light it for him. superior.

Fang Yi smoked two cigarettes, thought for a while, and said, "This case is indeed a bit special.

The "Criminal Law" only expressly stipulates that two situations of self-defense and emergency avoidance can exclude social harm. As far as I know, it has only been discussed in theory, and no court has judged it in this way in judicial practice.

At present, the legal rights and interests that individuals can freely dispose of include personal property rights, labor rights, privacy rights, and so on.As long as the owner agrees, destroying his property and disclosing his privacy will not constitute crimes such as destroying property or insulting.

However, the theoretical circles have not reached a consensus on whether the personal liberty, life and health rights of individual citizens, especially the right to life, can be damaged or deprived by others with the voluntary consent of the rights holder.

Judging from the current cases and judicial practice, others cannot deprive the victim of his right to life with the voluntary consent of the victim, otherwise it will constitute the crime of intentional homicide. "

"Then how should I defend this case, or from which point is it more appropriate to start? I have always felt that this case has a point for lawyers to play, but now my mind is so confused that I really can't figure it out." Du Yong looked at a loss asked.

Fang Yi thought for a while, stubbed out the cigarette butt in the ashtray, and looked up at him: "In this case, although the victim Tian Jiafeng voluntarily agreed to the defendant Tong Zhonglai's resale, the victim's behavior can be regarded as her real intention. reflect,.

But looking at it from another perspective, Tian Jiafeng's right to choose independently was limited by the subjective and objective circumstances at the time, and Tong Zhonglai's resale of Tian Jiafeng violated social public order and good customs, was harmful to society to a certain extent, and was prohibited by law.Therefore, I think it is appropriate to convict the defendant Tong Zhonglai of the crime of trafficking in women, and there is a high probability that the court will do so.

Although Tong Zhonglai is not a good person in the eyes of ordinary people, he is the same as human traffickers, after all, there is no trafficking without buying and selling.

However, in view of the fact that the defendant Tong Zhonglai expressed his willingness to send Tian Jiafeng home after buying the trafficked woman Tian Jiafeng, according to the sixth paragraph of Article 240 of the "Criminal Law", the bribed woman shall not hinder her return according to the wishes of the trafficked woman. In the original place of residence, criminal responsibility may not be investigated, and at the same time, the defendant resold it to others at the request of Tian Jiafeng.

I think you can suggest that the court give the defendant a lenient punishment in terms of specific sentencing.I think this is a point, and the crime cannot be changed.

but……"

"But what?" Du Yong asked.

"In this kind of case, if you really do this, you may be scolded by the masses. You'd better be mentally prepared." Fang Yi added.

"Well, I've thought about it since I took this case. If the court sentenced the defendant to death according to the law, I would never mess around for money. But if the law doesn't sentence the defendant to death at all, it's the fault of the law. , not my fault. I do this job.

The mouth is someone else's, you can say whatever you like, I can't stop it.Doing this job, being scolded by others is a high probability event. "Du Yong smiled.

"Well, it's good to think about it. I have seen some lawyers, because they took cases with very social influence, and the judgment of the case did not meet the public's expectations. The lawyers and judges were scolded and dare not go out, and they were depressed...you It's good to be able to think so thoroughly, but you must pay attention to self-protection in the process of handling the case." Fang Yiyu said earnestly.

"Well, I will, thank you, lawyer Fang." After finishing speaking, Du Yong packed up the case files and left the office.

……

On Thursday, Mi Jiahong's tax evasion case finally came to court.Because it is a unit crime, the first defendant in this case is a pharmaceutical company, and the second defendant is Mi Jiahong.

According to the allegations in the indictment, during his tenure as the legal representative of the pharmaceutical company, the defendant Mi Jiahong took away the rheumatism plaster produced by the company from the pharmaceutical company in the form of an IOU, and handed it to the salesman for sale. Reporting tax to the National Taxation Bureau, the suspected tax evasion amounted to more than 760 million yuan, accounting for 54.62% of the tax payable in the same period.

The public prosecutor believed that the behaviors of the defendant pharmaceutical company and defendant Mi Jiahong constituted the crime of tax evasion, and requested the court to convict and punish the defendant pharmaceutical company and defendant Mi Jiahong in accordance with Articles 210 and [-] of the Criminal Law.

"Second defendant Mi Jiahong, 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?" The presiding judge frowned and looked at Mi in the dock. Jiahong.

Mi Jiahong in the dock is very calm. He feels that he has lived half his life, abided by the law, and has never done anything immoral. As a result, he is about to retire but somehow becomes a defendant, and he is also a defendant in a criminal case. It made him feel wronged and angry.

"I don't agree with the charges and criminal facts charged by the public prosecutor. I have never taken the product from the company, nor have I ordered the salesperson to do so. I don't know anything about the unaccounted for sales." Mi Jiahong defended .

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

"Defendant Mi Jiahong, what position do you hold in the pharmaceutical company?" the prosecutor asked.

"I am the chairman and legal representative, as well as the director and chief expert of the R&D department." Mi Jiahong said proudly.

"In the company, what aspects of work are you responsible for?" the inspector asked.

"The production, inventory, sales and tax declaration of the company's pharmaceutical products are all managed by me, but I am not actually in charge..." Mi Jiahong wanted to explain, but was interrupted by the inspector.

"Defendant Mi Jiahong, what did I ask and what did you answer? If you have evidence to the contrary, you can present it during the proof and cross-examination session, do you understand?" the prosecutor said coldly.

"But what you asked is not the actual situation. I need to explain. Why don't you give me a chance to explain? Where is the fairness and justice that you are talking about?..." Mi Jiahong was angry.

Originally, he felt angry when he became the defendant inexplicably, but now he exploded directly.

"Defendant, calm down, calm down!" Seeing that the defendant was impatient, the judge hurriedly picked up the gavel, knocked it twice and shouted: "Pay attention to court discipline."

Seeing this, the bailiff hurried to Mi Jiahong's side and put his hand on his shoulder to prevent him from acting aggressively.

　There is one more chapter to wait.

　　
　
(End of this chapter)