Lawyer

Chapter 773 Can't You Talk About Humans?

The square-faced male lawyer also wants to take this case and earn a lot of money, but if he follows the fat lawyer's thinking, people will definitely think that the fat lawyer's thinking is right, and ignore him. He is not a red flower, but an inconspicuous person Green leaf, so he felt that it was necessary to go in the opposite direction and live to death, maybe he could win a certain opportunity, as the saying goes, only by not taking the usual path can he win by surprise.

"I think so. Dictionaries, especially some non-professional dictionaries, may not be accurate in their interpretation of terms in the Criminal Law, and sometimes they are even inconsistent with the normative interpretations made by the National People's Congress Law Work Committee, the Supreme Court and the Supreme People's Procuratorate. Yes, it conflicts with the provisions of the criminal law itself.

According to the dictionary, "selling Y" refers to women selling R bodies, and after the "Decision on Strictly Prohibiting Selling Y to Prostitutes" was made, the definition of "selling Y" in the criminal law is obviously not limited to women, but also includes men who sell R body.

It can be seen from this that the dictionary's interpretation of criminal law terms cannot become the "legal basis" for determining the crime of a specific case, nor can the dictionary's interpretation replace the normative interpretation of criminal law terms.

Therefore, I think that in this case, only a defense of misdemeanor can be used, not a defense of innocence. "The square-faced male lawyer continued to explain.

The fat lawyer's face is not very good-looking, which obviously means that he is not professional enough.

Seeing that the rhythm had picked up, Assistant Sven sat aside and didn't say much, but just listened quietly.

The professor pondered over his teacup. Among the four legal professionals at the same table, two of them had put forward tit-for-tat opinions. He didn't want to be the leader, but he couldn't wait for his boss to name his name to express his opinion. That would be too much. passive.

"I think so, 'selling Y', usually refers to the behavior of women trading X with unspecified men for the purpose of profit.

However, with the changes in legislation, it should also be considered "selling Y" for men who conduct X transactions with unspecified women for the purpose of profit.

There are cases in the above two situations. The former is a chicken, and the latter is a duck. Everyone here should know this.

With the development of the times and changes in social life, the extension of "selling Y" has a tendency to further expand, and the form has also changed. I still have some research on this area and have published many articles.

In my opinion, apart from gender, we should also consider whether this kind of behavior is for profit, and we should consider it comprehensively..." The professor's words went around without saying a conclusion, and it can be summed up in one sentence: This matter is not settled, and we will discuss it later. But I have studied these kinds of cases, I am a professional.

Fang Yi was amused, the old guy started practicing Tai Chi!Can't you just say something human?

"Lawyer Fang, what do you think?" Mr. Liu spoke while Fang Yi was watching the play.

"I agree with Lawyer Liu's opinion." Fang Yi looked at the square-faced male lawyer. He felt that what this man said was true, but there was a high possibility that he would not be able to get the commission.

Fang Yi was quite disgusted with this type of case, and didn't really want to take this case, but since he came here, he had to say a few words. The labor fee is not so easy to get, and he has to show some real skills.

In addition, Fang Yi also has his own thoughts, he doesn't want to be at the front, since the square-faced male lawyer is right, why not support him and put him at the front.

"My reasons are:

[-]. Neither the criminal law itself nor relevant legislation and judicial interpretations have made a clear definition of the meaning of the word "selling sex" in the criminal law, nor have they clearly limited it to transactions between opposite sexes.

In view of this, 'selling Y' should also include same-sex transactions, which does not contradict the current legislation and effective interpretation of the criminal law.

[-]. The essential feature of "selling Y" stipulated in the criminal law is that it is an act of selling R bodies for the purpose of making profits, and conducting transactions with unspecified people.Whether the perpetrator's gender is male or female, and whether his object is of the opposite sex or the same sex, are not the factors to be considered in judging and deciding whether the perpetrator's behavior constitutes the crime.

Because whether it is a woman or a man, whether it is the opposite sex or the same sex, it violates the basic ethical and moral norms, poisons the social atmosphere, and ruins the good social customs.

Therefore, the same-sex transaction also constitutes the crime of organizing prostitutes, and the criminal responsibility of the organizers does not violate the spirit of the legislation.

Third, the society is constantly developing, and the interpretation of criminal law terms is not static.The terminology of criminal law should be adapted to social development, combined with the actual context, and interpreted in line with realistic ethics and morality..." Fang Yi explained.

"But if you explain it this way, will it violate the principle of legally prescribed punishment for a crime? After all, there is no clear legal regulation." Holding the teacup, the professor felt that he needed to stop a sentence to show his professionalism.

Fang Yi looked at the professor, smiled and said: "No, this does not violate the principle of legally prescribed punishment for crimes, on the contrary, it just implements the principle of legally prescribed punishment for crimes. As you said just now, times are developing and social living conditions are constantly changing.

Therefore, the meaning of a legal vocabulary is gradually changing; after the law is enacted, the words used will have new meanings with the continuous development of society.

In other words, no kind of explanation can make a final and authoritative explanation for legal vocabulary, otherwise the openness of legal vocabulary will be limited, and legal provisions will not be able to adapt to social development.

In my opinion, when interpreting a term in criminal law, it is necessary to define the exact meaning of the term in light of the development and changes of social life facts, otherwise the life of criminal law will be artificially suffocated, and the functions of criminal law in punishing crimes and protecting legal interests cannot be effectively realized. "

Fang Yi's explanation is completely in line with the professor's explanation just now. Don't you like to talk about social development? Well, I will use your spear to break your shield and see whether it is your spear or yours. The shield is strong.

How could Professor Fang Yi's mind not know, but he was not good at refuting, so he could only hold his breath in secret, bowed his head and drank tea and stopped talking. I have to say that the professor's qi cultivation skills are still very good.

The square-faced male lawyer looked at Fang Yi, and said in his heart: This buddy is handy, he speaks very well at critical moments!
The four were divided into three parties. Although Fang Yi and the square-faced male lawyer seemed to have the upper hand, Fang Yi knew that the chances of the client entrusting the case to him were almost zero.Because the opinions of myself and the square-faced male lawyer did not meet the psychological expectations of the client.

The entire afternoon, the case seminar turned into a debate meeting. It was not until after five o'clock that everyone ended the debate. Assistant Sven gave each person 5 yuan in cash, and everyone left the conference room.

Secretary Wu rushed over after receiving the message from Fang Yi that the meeting was over.

"Lawyer Fang, how are you?" Fang Yi sat in Secretary Wu's Mercedes-Benz in the underground parking lot, and the latter asked.

"This case has little hope. The defendant is the principal culprit for the crime of organizing prostitution. According to the "Criminal Law", the defendant will be sentenced to five to ten years in prison." Fang Yi replied.

"So serious?" Secretary Wu asked in surprise.

(End of this chapter)