Legal common sense: There is a difference between the principal offender and the first offender, simply put, the first offender must be the principal offender, and the principal offender may not be the first offender.

The hyena structure is used to illustrate that the hyena boss is the first offender, the fork is the main offender, the department head is the principal offender, and the department staff is an accomplice. Although the hyena boss does not actually manage the hyena, and the management is the responsibility of the fork, he must be responsible for all the actions of the fork, and his punishment will definitely be heavier than the fork. Unless there are other cases with crossings.

In the absence of exceptional circumstances, the standard of sentencing for an accomplice must be lower than that of the principal offender, and the standard of sentencing for the principal offender is lower than that of the first offender, and if the offence is particularly serious, the accomplice, principal offender, and first offender may all be executed. It is difficult to explain with the laws of Gao Yan and the Eastern Tang Dynasty, but it can be explained by the laws of countries without the death penalty. Many people watch the news: It is inconceivable that a certain criminal has been sentenced to 300 years, and they feel that the judge is brainless, and some people even ask, after a person dies, the corpse continues to serve his sentence? The first offender is 300 years, the principal offender is not higher than 300 years, and the time limit for an accomplice is lower than that of the principal offender. It's just that because the death penalty for Gao Yan and Dongtang is the highest punishment, they can't break through anymore.

For example, if a person is sentenced to life, the normal sentence is between 20 and 22 years, and if he performs well and makes meritorious service, it can be reduced to more than ten years, and the law stipulates that the final sentence cannot be less than 13 years. (Gao Yan)

In countries where the death penalty does not exist, there are often cumulative crimes, resulting in hundreds of years of sentences. In this case, even if the prisoner makes meritorious service every day, he cannot leave the prison alive. Of course, when they reach an old age, they are usually released from prison through medical parole or parole.

Cao Yun spoke: "Prosecutor Sima, you just don't know if you want to give Bai Ya the right to avoid death, right? If you are sure that Bai Ya will be convicted, then you will definitely not agree to the transaction." What do you mean now? Do you want us to vote?"

Sima Luo smiled bitterly: "We want to hear the way to absolutely convict Bai Ya." ”

Cao Yundao: "I personally think that it is unlikely that the prosecution will convict Bai Ya. ”

"Why?"

"Because of the jury. Prosecution: You can't dig into your weaknesses. Bai Ya has many advantages, disability, disfigurement, these two points will be sympathized with by female jurors. The prosecution can't just find something to do, dig out the bottom of why Bai Ya is disabled and disfigured and show the jury. Why did Dongfang hire Ling Hulan as the head of the lawyer group, and why are all the members of the lawyer group women? Even female lawyers with a low level but a good reputation. ”

Cao Yundao: "This is what makes Ling Hulan special, she wants to get the sympathy votes of the women on the jury." Moreover, the evidence is controversial, and the spirit of the law is that it is better to misplace a thousand than to wrongly punish a person. I don't think you have a big chance of winning, I'll be honest. If you want to win, now you have to stir up the lawsuit, dig out the white girl's bottom, and make the world hate this person. ”

Sima Luo: "This is a crime...... Do you have any other opinions?"

Lawyer XX: "Lawyer Cao is very careful and even noticed the details of the defense team. Thinking about it this way, Lawyer Linghu is indeed likely to use this trick. Unless it can be proved that Andre hired the Black Man is true, so that the evidence is not in doubt. Otherwise, I am not optimistic about the outcome of the trial. ”

After Cao Yun explained the details, most lawyers felt that the prosecution's chances of winning were very low. After all, the prosecution is a judicial side, and he can't discuss his testimony with Andre like Cao Yun.

Sima Luo finally said helplessly: "Thank you, excuse me." ”

The next day, the prosecutor accepted the terms of the deal proposed by Ling Hulan, and Bai Ya admitted the fact that she had ordered Andre. Since Andre and Bai Ya had no doubts about the charges and facts, during the trial, their lawyers tried their best to reduce their guilt. In the end, both were sentenced to life imprisonment. There are some differences between Dongtang and Gaoyan, and if you are interested in finding information by yourself, I will not explain it here.

......

After a lot of hard lobbying, the chief prosecutor finally had no choice but to grant him half a year of leave, and the chief prosecutor had a headache about who would take over Sima Luo's work as a prosecutor. This position requires first of all a certain level of ability, and secondly, a person with a certain level of ability is willing to work in this position. The problem is that capable people either aspire to a higher position or a job that is more valuable, or they prefer to be a lawyer. Unlike Gao Yan, the status and income of civil servants in developed countries are in the middle of society, and they are not a popular profession for talented young people.

On the second day of his vacation, Sima Luo went to Gao Shan Law Firm to report. This guy is not honest either, he looked for Gao Shan Xing first, and the result naturally doesn't need to be mentioned. Gao Shan Xing was moved by Sima Luo's progress, modesty and learning spirit, and made a decision without saying a word.

At lunchtime, Cao Yun saw Sima Luo, looked at each other for a long time, Cao Yun stroked his forehead and smiled bitterly, and said after a long time: "After lunch, everyone will go to the conference room, and we will have a basic lesson for lawyers: what is a lawyer?" Sima, you can't eat and drink for nothing, live in vain and learn for nothing, right?"

Sima Luo lowered his eyebrows and pleasing his eyes: "I think that in terms of our relationship, talking about money hurts feelings." Only then did Sima Luo understand why sometimes Cao Yun could be shameless, not because Cao Yun was used to being shameless, but because shamelessness could save a lot of saliva, and sometimes shamelessness could achieve goals that could not be achieved by being shameless.

As soon as Sima Luo said this, Cao Yun was also choked, you are a prosecutor: "That's it, it's a big expense to ask for housekeeping every week, and this job will be handed over to Sima You, if you can't do it, you will leave after a class, which is a little bit of my meaning as a friend." If you are capable, stay. ”

Gao Shan Xing whispered: "Cao Yun, hey, is it too much?"

Cao Yun looked at Sima Luo: "What do you think?"

Sima Luo smiled bitterly, he is considered an academic, and he has never looked at people's faces to study. Now Cao Yun is going to embarrass him, and Sima Luo also knows that Cao Yun has a veto power. Sima Luo smiled: "Not too much, not too much." ”

"See how long you can last. ”

......

What the hell is a lawyer? A hundred Harry Potter, phew, Hamlet in the eyes of a hundred people. Looking at lawyers from different angles, lawyers give different impressions. Most people believe that lawyers are familiar with the law and serve as a bridge between civilians and the courts. This is true, but the perception of the bridge itself varies. This lesson was not only opened by Cao Yun for Sima, but also for Wei Jun, Yun Yin and Lu Yihang. As for the alpine apricot...... Why do you want to learn so much? Finding a man to marry is the right way. Why study when you're pretty?

"Save time, and I don't ask your opinion. Cao Yun said: "I'll give you a debut question first, and it's July 2019." There was a man named A, and he had a headache because he had never been able to get back a sum of money he had lent to a friend. I am a lawyer, you are A, I take the IOU, A lent B 1 million in July 2015 at an annual interest rate of 24%, and agreed to repay the principal and interest in January 2016. Now there is no choice but to file a lawsuit, so the question is, does A want to hire a lawyer?" Cao Yun wrote the information on the clipboard.

"Yes. Sima Luo replied.

Lu Yihang said: "If you are an ordinary person, you should hire a lawyer." ”

"You are ordinary people now. ”

Wei Jun, Yun Yin and Lu Yihang replied, "Yes." ”

Cao Yundao: "I am a lawyer with a conscience but without a conscience, and after I read the IOU, I told A, that is, you: You can win this lawsuit without a lawyer, because the evidence is complete." If you have to ask me to help you fight the lawsuit, give me 50,000 yuan first. I will also explain that if I give 50,000 yuan, I may not be able to win the lawsuit, and if I lose the lawsuit, I will not return the 50,000 yuan, will you still ask me to fight the lawsuit?" Lawyers, in particular, rarely use absolutes.

The five people present looked at each other, not knowing where Cao Yun's suit was, Gao Shan Xing spoke first: "Will you tell me the litigation process?"

"It's very easy to look for it on the Internet yourself. Cao Yun said: "By the way, let me tell you, it will take me an hour at most to fight this lawsuit." Are you still willing to give the 50,000?"

Sima Luo: "Normal should be unwilling." "Fifty thousand an hour.

Cao Yun asked, "What about you?"

Sima Luo said: "I checked the information on the Internet and wrote the complaint, and I couldn't afford to spend some money to ask others to write the complaint." No more, since it is a lawsuit that must be won, I will find the cheapest lawyer. Why do you want to find a lawyer for $50,000?"

"Understand people. Cao Yun said: "Apricot, you are the cheapest lawyer now......

"I'm super expensive, okay? If you have money, you can't even move me. Gao Shan Xing was dissatisfied.

"Okay, you're amazing. Sima Luo asked you to fight this lawsuit, how can you win the lawsuit?"

Gao Shan Xing looked at the clipboard for a while and said, "If the IOU is true, the court will definitely support my client." According to the time of the IOU, B borrowed for half a year, the annual interest rate was 24%, the interest was 120,000, plus the principal, B had to repay a total of 1.12 million. ”

"Congratulations, you've won. Cao Yun motioned to Yun Yin: "What if you entrust a lawyer?"

Yun Yin said: "Miss Gao's account is wrong, I will ask him to repay the interest from July 2015 to July 2019, which is the current one, a total of 960,000, plus the principal, B wants to repay me 1.96 million." ”

Gao Shan Xing: "You robbed?"

Yun Yin replied, "Why not?"

Cao Yun applauded: "Yunyin, you are the winner, congratulations." Wei Jun, what do you think?"

Wei Jundao: "I ask for interest not until the time of appeal in July 2019, but interest until the time when the judgment takes effect." If it is an ordinary loan lawsuit, you usually need to queue up, usually three months to half a year, even if it is three months, you can get an extra 60,000 yuan in interest. How can it be based on the time of the prosecution? It should be based on the time of the verdict. ”

Cao Yun admired: "It's still Wei Jun who is amazing, congratulations, you also won." Yihang, what do you think?"

Lu Yihang said: "I will require the interest to exist until B pays off the principal." After the judgment takes effect, it will take time to enforce it, and unless B pays off the arrears as soon as possible, the interest will increase every day. Assuming that B pays off immediately after the judgment takes effect, B has to repay the principal amount of 1,000,000,000 plus interest of 1,020,000. B only has one million at this time, and he said to repay the principal first, and I will refuse, and repay the interest first with one million. Interest will continue to accrue on the principal. Suppose B has repaid $1,520,000 and still owes $500,000, B hopes that the interest for the next day will be calculated based on the remaining $500,000. I would refuse. I will insist that until the principal is paid off, even if it is only a dime less, it will be calculated at the interest rate of one million. ”

Everyone watched Lu Yihang together, this is a typical Zhou peel, eating meat and drinking blood without bones left. Lu Yihang was a little embarrassed: "I am A's lawyer, and I will definitely help A maximize his interests." ”

Cao Yun said: "What Yihang gave is the correct standard answer. Just as the results given by several people are different, the lawyers are also divided into so many so on. Now I would like to ask you again, do you give Lu Yihang 50,000 yuan in lawyer's fees? Apricot asks 50,000 yuan in lawyer's fees, do you give it? The answer is obvious. I would like to add here that generally speaking, there are no lawyers like Xingzi, there are many lawyers like Yunyin, there are fewer lawyers like Wei Jun, and lawyers like Yihang are all famous lawyers. ”

Lu Yihang stood up and clenched his fists: "I'm sorry, I'm sorry, I'm sorry, I'm ugly." ”

Yun Yin was unhappy: "Cut!"

Cao Yundao: "Sima Luo, I am an idler, and it is rare to receive an order in a few months. There are four lawyers here, whose assistant would you like to be? Miss Gao, you must not be able to climb the ......."

Gao Shan Xing is very graceful and steps on Cao Yun's toes.

Cao Yun endured the pain, sister, I asked you not to participate in the meeting, you have to participate in the meeting, what can I say?

Cao Yun: "Yunyin, he's not stupid, he's lazy, he prefers rough work." His strength is that he has a lot of ideas and a lot of ideas. ”

Cao Yun: "Wei Jun is a pretty good lawyer, she is serious and careful. The disadvantage is a lack of imagination. ”

Cao Yun: "Yihang seems to be the person you should choose the most. The disadvantage of Yihang is that he is very polite, he will not take the initiative to teach you anything, because he has a humble personality, and he feels that he is not qualified to teach others, nor is he qualified to change other people's opinions. Yihang has many advantages, and Yihang has no shortage of case sources, and the workload is very large. It's a bit similar to your prosecutor's job. The difference is that Yihang only takes one case at a time, and the prosecutor often presses several cases. ”

Sima Luo thought for a long time and said, "I choose Lawyer Wei Junwei, and I will ask Lawyer Wei for more advice in the next six months." ”

Wei Jun hurriedly replied: "Don't dare, Cao Yun, I'm not suitable, right?"

"It's all right, call him hard, and he'll be happy. If you don't give him a job, he'll be unhappy. Cao Yun said: "But...... Why choose Wei Jun?"

Sima Luo said: "As far as the loan case just now is concerned, Lu Yihang's answer is full marks. However, Lu Yihang's answer is not quite in line with the prosecutor's position, and the pursuit of profit maximization is sometimes not a good thing. For example, in a robbery case, the criminal finally pleaded guilty after several days of stubborn resistance. In order to maximize my profits, I will dismiss his confession and let him be imprisoned for a few more years. This is not in line with the prosecutor's position. Wei Jun's proposal is the most appropriate and standardized. I know that the judge agreed with Lu Yihang's proposal, but from the perspective of defendant B, he must have been dissatisfied and incomprehensible. Wei Jun's proposal was legitimate, and not only did the judge agree, but the defendant also had nothing to say. ”

Sima Luo: "The prosecutor doesn't want to put the criminal to death. For example, A, as the prosecutor, can jail the offender for five years, and B can jail the offender for seven years. Is B a more suitable prosecutor? Not necessarily, in terms of the nature of my work and ideas, I prefer Mr. Wei Junwei. ”

Cao Yun sighed: "I thought you were here to learn things, but I didn't expect you to come to work." ”

"Ah......" Sima Luo was stunned for a moment, he said a lot of reasons, but he forgot the original intention. I went to Gao Shan Lawyer to learn about the thoughts and practices of some extreme lawyers. Lu Yihang's proposal was completely unexpected, and it felt like it was out of bounds. But isn't that what you want to know?

Cao Yun ignored it: "The meeting is over, everyone Gudebai, I'll go fishing." "Sima Luo still hasn't jumped out of his habitual thinking, you may not win an opponent like Wei Jun, but you may not lose either. In the face of an opponent like Lu Yihang, you are the one who loses more and wins less. Since you are here to understand this kind of lawyer, why did you choose Wei Jun, who has a slightly similar work personality as yourself? Yun Yin is better than Wei Jun, although Yun Yin is lazy and coarse, but he has a brain hole and his thinking is not solid.