Lawyer

Fang Yi opened the door and saw Ma Yi behind Huang Yuanchao at a glance. Ma Yi was a little embarrassed and had a smile on his face.

"It's so cold at night, are you going to let the two of us wait for you to have a picnic outside?" Huang Yuanchao shook the Moutai in his hand: "This is old wine, Ma Yi specially picked it. It's sincere enough!"

Based on the relationship between Huang Yuanchao, Ma Yi, and Fang Yi, if Huang Yuanchao brings too many things to the door, it will alienate the relationship between the two parties. In the past, Huang Yuanchao and Fang Yi didn't bring anything when they came to Fang Yi's house for a meal, so they called Fang Yi directly. meals.

The two bottles of Moutai not only showed Fang Yi's goodwill, but also re-engaged the relationship between the two parties. This was Huang Yuanchao's decision after much deliberation, and Ma Yi paid for the wine.

"This is what I said, the dishes are all ready, so why don't you come here. Come in quickly." Fang Yi enthusiastically let the two of them in.

Huang Yuanchao, Ma Yi and Fang's family have been acquainted for a long time. They went to Fang Yi's house for dinner many times before, and met Fang Youcai.After entering the house, the two greeted Fang Youcai, took off their down jackets and went to the restaurant.

"You can't leave until you finish these two bottles of wine today." Fang Yi asked Aunt Zhou to open the bottle and pour the wine.

When the three of them sat at the table, Ma Yi was a little embarrassed at first, but after two glasses of wine, the atmosphere became active, and the three of them seemed to have returned to the previous time, pushing and changing glasses.

Fang Yi couldn't help but sigh in his heart. When he joined the Wankefa team, the two with the best relationship were Huang Yuanchao and Ma Yi.I don't know when Ma Yi's relationship with Fang Yi and Huang Yuanchao gradually became estranged.

The three recalled the past, talking and laughing, not only drank up two bottles of Moutai, but also drank Fang Youcai's two bottles of Fenjiu.All three of them were drunk, and Ma Yi stayed at Fang Yi's house that night.

……

The next day, when he was about to get off work, Yu Wendong walked into Fang Yi's office.

"Yuwen, sit here. I heard Lao Meng said, do you need me?" Fang Yi sat at the tea table and asked without raising his head while brewing tea.

When he came back from lunch, Meng Guangda told Fang Yi that Yu Wendong wanted to talk to him, and Fang Yi felt a little bit in his heart. After a few months, Yu Wendong should get his lawyer's certificate, maybe he wanted to change jobs.

After questioning, Meng Guangda told Fang Yi that it was not about job-hopping, but that Yu Wendong had a knot in his heart that couldn't be solved. Meng Guangda suggested that Yu Wendong talk to him.Only then did Fang Yi feel relieved.

Yu Wendong agreed, and sat across from Fang Yi, looking a little reserved.

Fang Yi poured him a cup of tea and handed it to him.He is very optimistic about Yu Wendong and thinks he is a good seed who is very suitable to be a lawyer.

"Lawyer Fang, I have something on my mind, and I don't know if I should say it." Yu Wendong lowered his head halfway, hesitating.

"Don't hold back what's on your mind, it's easy to go wrong after a long time." Fang Yiduan poured him a cup of tea, then picked up the cup and said with a smile.

"When I was in school, my teacher said that making laws is for justice and fairness. When I was in graduate school, my supervisor told me that lawyers should uphold justice. We represent fairness and justice.

But now I am getting more and more confused. The cases we accept are all criminal cases. I do not deny that some defendants were wronged, or that although they did something wrong, it did not constitute a crime.

But most of the defendants deserved what they did.But we still have to defend them and try to save them from spending a few years in prison.This seems to be different from what we were taught in school, and my brain is a little confused. "Yu Wendong looked melancholy.

"Do you feel that the ideal is a little different from the reality?" Fang Yi asked.

Yu Wendong nodded.

"Does your teacher have a lawyer's license? Can they handle the case?" Fang Yi thought for a while.

"I have a lawyer's certificate, and I'm a part-time lawyer. I should handle cases every year, but I have teaching tasks, so there shouldn't be too many." Yu Wendong replied.

"Then every case they handle represents justice?" Fang Yi smiled.

Yu Wendong was startled, and shook his head: "I haven't thought about that."

"Based on my experience, they can't represent justice every time, they only represent interests." Fang Yi said seriously.

"This world is so magical. People who keep telling you to be just and fair, actually think mostly about interests.

You don't have to blame them, and you don't have to think about it, because after stepping out of the ivory tower, there are interests everywhere, and the job of a lawyer is like this.It's just that everyone hides the truth in their hearts and doesn't tell you.Because it's not appropriate to say that in school. "Fang Yi explained.

Yu Wendong looked at Fang Yi suspiciously, he felt that Boss Fang's words were a bit inconsistent with his personality.

"You don't have to look at me like that. I used to teach at a university, was a teacher, and also worked as a part-time lawyer, so I think I have a say in this issue. Because of different identities, what I do and what I say are different. No, that's normal.

Have you thought about it?As a prospective lawyer who is about to obtain a lawyer's license, what is your future position? "Fang Yi asked with a smile.

"In the beginning, I wanted to help those who needed help. But now I am a little confused in the face of life." Yu Wendong said.

"Do you want fame and profit, and justice in your heart? It's very contradictory! In fact, 'chasing fame and profit' is the pursuit of most lawyers, at least 90.00% of lawyers. How noble it is to shout.

Because this is the result of commercialization and competition, you don't have to be embarrassed.Me, too. "Fang Yi said the truth.

"Then what do you think the role of a lawyer should be?" Yu Wendong asked.

"In my opinion, lawyers are not the embodiment of justice, nor are they philanthropists. Lawyers provide legal services through professional knowledge to maximize the interests of themselves and their clients! This is the essence of lawyers' work as I understand it." Fang Yi leaned on chair, said.

"Does this maximize the interests, including the heinous defendant?" Yu Wendong asked.

"Of course! Even if it is a heinous criminal, the lawyer must fight for the best interests he deserves, and let him sit in the prison clearly. Only in this way can the role of the lawyer be played, and the unjust, false and wrongful cases should be reduced as much as possible.

Because not every accusation is unassailable and absolutely correct.Not every judgment is so notarized. "Fang Yi explained.

"But ordinary people don't think so. They don't understand us defending the heinous defendants. They even call us unscrupulous lawyers outside the court and only accept money." so shouted.

"It doesn't really matter what the common people say, you can think of it as the cost of the smooth operation of the rule of law.

The legal system in the beautiful country is earlier than ours, and many of our laws are borrowed, but so far, the people of the beautiful country have always gritted their teeth when they mentioned lawyers, but they still have to hire lawyers when they encounter problems. Why is that?
Because lawyers are more professional, they charge money to do things, and can help them solve things that they cannot solve by themselves.There is no such thing as good and clever thinking in this world, and any industry has its imperfect side.

I also encountered the same problem as you when I first entered the industry, but you sit down and think about it, will someone pay us wages?No, right.

We can only rely on ourselves, and there is no essential difference from small merchants and hawkers.For most lawyers, being a lawyer is a job.

We all know that a doctor's bounden duty is to save lives and heal the wounded, but if you don't pay the fee, you can't see a doctor. The common people are dissatisfied, but they still have to tighten their belts to see a doctor, because they can solve your physical pain.No matter how much you scold on the Internet, can it change the reality? Impossible.

The reason is the same, lawyers need to be responsible for their own profits and losses, and they are scolded because ordinary people don't understand us, and you can't let everyone understand you.

We can't guarantee that all lawyers have a conscience, as long as we have a conscience, we charge money to do things, and we decide how much we charge, but we must never provide legal services for free, because it is not allowed. "Fang Yi comforted.

After hearing this, Yu Wendong kept nodding. Yes, there is always a gap between reality and ideal. At this time, he seemed to have opened a window in his heart. After the fresh air came in, his depression was much less.

After more than ten minutes, Yu Wendong was in a much better mood and left the office.

Fang Yi looked at his back and said in his heart: I hope what I just said will be effective and can untie his knot.It is not easy to be a team, and the psychological problems of the team lawyers have to be resolved.

……

Two days before the New Year's Day holiday, the second trial of Lu Wei's corruption case opened.

"Next, the appellant Lu Wei will first read out the petition or state the reasons for the appeal." After the judge read out the verdict of the first instance, the presiding judge looked at Lu Wei who was on the appellant's seat.

"I have no objection to the criminal facts found in the first instance, but I have returned all the money. The court of the first instance sentenced me to two years in prison, which is too heavy. I request the court to give me a suspended sentence." Lu Wei stated.

The suspended sentence was what he heard from Cao Yongzheng and Yun Qiao during the meeting. It was said that if the sentence of the second trial was changed to a suspended sentence, he would not have to go to jail, so he remembered it.

"Defense counsel issues grounds of appeal," said the presiding judge.

"The presiding judge and the judges: the defenders believe that...the facts found in the first instance were accurate, but the characterization of the case was not accurate, the defendant did not meet the criminal subject conditions of the crime of corruption, and the defendant's behavior constituted the crime of fraud.

In view of the minor crime of the defendant and the return of all the stolen money, it is recommended that the defendant be sentenced to probation.complete. "Cao Yongzheng announced the reasons for the appeal.

Before the trial, Cao Yongzheng and Yun Qiao had already communicated with Lu Wei and his wife. Even if the defender did not mention the fraud in this case, the judge is not a fool and there is no need to dodge it.

Lu Wei understands that it is impossible to be convicted of defrauding state subsidies. Instead of covering up, it is better to tell the truth and try to get a reprieve. He doesn't want to squat in the detention center anymore. But the mental pressure is high, and there is no freedom!So he nodded in agreement with Yun Qiao and Cao Yongzheng's defense plan.

"Appellant Lu Wei, do you have any objection to the facts and charges identified in the first-instance verdict?" the judge then asked.

"There is an objection. I am not a civil servant and do not constitute a crime of corruption. The court's sentence is too severe..." Lu Wei said.

"The prosecutor questioned the appellant on the facts identified in the first-instance verdict," said the presiding judge.

Because Lu Wei had no objection to the facts of the case, but only to the sentencing and charges, the prosecutor's questioning went very smoothly, and Lu Wei was consistent with what he said in the previous arraignment.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

Let the appellant speak first. "The presiding judge's face sank like water.

"I stick to my previous opinion. I don't constitute a crime of corruption. I ask the court to give me a lighter punishment in accordance with the law and change my sentence to probation." Lu Wei's speech was very simple, not because he was strong in generalization, but because he was nervous and didn't know what to say. I am also afraid that if I talk too much, I will lose my words, so I can only pin all my hopes on the defender.

"The appellant Lu Wei spoke for his defender," said the presiding judge.

"The presiding judge, the judge: the defender believes that the appellant Lu Wei does not have the subject qualifications for the crime of corruption, and his act of applying for and advancing the subsidy funds for home appliances to the countryside is not an official act. The behavior constitutes the crime of fraud. The specific reasons are as follows:
The reason why the "Criminal Law" stipulates that "personnel entrusted by state organs, state-owned companies, enterprises, institutions, and people's organizations to manage and operate state-owned property" can constitute a crime of corruption because such subjects themselves do not belong to the category of state employees.

However, in practice, such subjects actually control, operate, and manage state-owned property, and it is necessary to include such subjects into the subject scope of the crime of corruption due to the special needs for the protection of state-owned property.

The "Minutes of the Symposium on the Trial of Economic Crime Cases by the National Courts" issued in [-] clarified the extension of "entrusted management and operation of state-owned property", which means "management and operation of state-owned property due to contracting, leasing, temporary employment, etc. property'.

That is to say, the entrustment stipulated here in the Criminal Law refers to the agreement between the state-owned unit and the entrusted party on the management and operation of state-owned property, and the status of both parties is equal, which is essentially a civil entrustment.

Although the trustee obtains certain professional behavior based on the entrustment, that is, manages and operates state-owned property within a certain period of time, this kind of management and operation is mainly a dynamic economic behavior centered on the preservation and appreciation of state-owned property.

In this case, there are many home appliance sales outlets that have signed contracts with the financial department, but at the beginning of the sale of home appliances, the amount of home appliance subsidy is not certain, and the financial department has not negotiated with the defendant on the income, expenditure, value preservation and appreciation of this special fund. The management of expenditures for home appliance subsidy payments remains an administrative function.

To sum up, the defendant, as the person in charge of the home appliance distribution network, does not belong to the "personnel entrusted by the state agency to manage and operate state-owned property".Request the court to change the judgment of this case according to the law, and it is over. "Cao Yongzheng issued a defense opinion.

"Now it's up to the prosecutor to speak." The presiding judge looked at the public prosecution seat.