Chapter 318: Learning (Part II)
Cao Yun said: "At this time, the defense lawyer will be embarrassed, if he argues with you with all his strength for the crime of robbery and robbery, he must admit that the defendant is the robber." If he doesn't, the defendant could be charged with robbery. Generally speaking, the prosecution will present the allegations with superior resources and actual evidence. If I were a defense lawyer, I wouldn't be lucky enough to think that the defendant might get away with it, and I would have to argue with you about robbery or robbery. The crimes of the two are completely different, and the sentences are also very different. Okay, meeting an old oilman like Nangong Tengfei may not be effective, but you have to think about a question, have you suffered a loss? You have not suffered a loss, you can still continue to charge the crime of robbery. It's called making the most of it. ”
Sima Luo felt quite interesting, but he always felt that it was too shameless. Cao Yun's statement can be concretized to 100 yuan, Sima Luo has 50 yuan, and the defendant has 50 yuan. Sima fell on the basis of not losing his own fifty yuan, and tried his best to rob the defendant's fifty yuan. I can grab as much as I can, and I don't lose if I can't grab it.
It's a good idea to take notes. Sima Luo's attitude immediately changed: "Lawyer Cao, what do you have to eat at night? ”
Cao Yun: "Eating is a trivial matter, you can call a buffet casually, it is better to be happy alone than to be happy." ”
Sima Luo wiped his sweat: "Lawyer Cao, my income can't be compared with yours, and I can't have a buffet at every turn." "Please ask the hotel to arrange a buffet at the lawyer's office, it's very expensive, okay?
Cao Yun said: "Sima, there is an old saying that is good, suffering is a blessing. You were upset just now, I can understand that. But you're just upset, I don't understand. Didn't you find something? Normally, Sima, you have this brain. But you get angry, angry people don't have brains, they will have a strong subjective will to reject any information that is not good for them. By the way, provoking prosecutors is also a tactic for lawyers. Conversely, haven't you thought about how to provoke the accused, the defense witnesses, and the defense lawyer?"
Sima Luo was thoughtful.
Cao Yun asked again: "Is it worth the buffet?"
Sima Luo smiled bitterly: "I understand." That...... What can you learn from this?"
Cao Yun said: "If you don't borrow books, you can't read them, and if you don't have to pay painfully, how can you study and think hard?
Sima Luo thought for a while: "Is it possible that you just want to eat the buffet, so you fooled me?"
Cao Yun applauded in amazement: "Look, this has an effect, and it actually saw through my mind at a glance." ”
Sima Luo didn't know how to use words to describe his feelings, should he thank Cao Yun, or kick Cao Yun to death?
......
Next, I will have talks with Shimei, Yihe and the noble comic club. As far as Cao Yun is concerned, he does not want a lawsuit. There is no interest in winning the lawsuit. This is also the reason why Situ Yan suggested that Yimei not go to court.
Again, a legal issue.
Many people don't know what the crime of plagiarism is, whether it is illegal or a crime, or a civil lawsuit.
According to the law, plagiarism for the purpose of profit is illegal, for example, some websites reprint shrimp books, which is illegal, and its profit point is the traffic of the website. Although the shrimp book can't contribute much traffic. Once the amount of profit from plagiarism is large, it constitutes a crime, that is, a criminal offense. (Gao Yan)
Is this case plagiarism? Not necessarily, there are factors of infringement, plagiarism and fraud. If there is a civil lawsuit, Cao Yun will sue for infringement, not plagiarism. Because Shi Mei has not officially serialized the comics now, and she has not made a profit, even if the plagiarism lawsuit is won, the compensation is very small. Infringement is different, and infringement can claim compensation for all its own losses. But if you sue for infringement, there is also a disadvantage.
Infringement is an illegal act and is within the scope of civil liability, and it does not fall within the scope of criminal liability unless the infringement has serious social harm. In fact, the difference between a violation of the law and a crime lies in whether it has a relatively serious harm to social existence.
If Cao Yun sues for plagiarism, the lawsuit is won, and Fan Mei will get very little benefit. If Cao Yun sues for infringement, the other party will not be afraid, because there is no need to go to jail. So Cao Yun abandoned Shimei and turned to Yihe. Yihe's weakness lies in the fact that he is suspected of duty-related crimes.
During the four-party talks, Cao Yun didn't want to waste time, and directly explained the current situation, saying: "Now is the negotiation condition proposed by our side, condition one: compensate Miss Fan Mei 500,000 yuan." Condition 2: The paper text form recognizes Fan Mei as the original author of the Mourning Summer Magic System and World View. Condition 3: Promise not to infringe on Miss Fanmei's copyright. What I can offer is to withdraw the application. Business information theft is a misdemeanor and takes between one and three days from application to final approval. However, as a well-known lawyer, I am sure that I will receive a notice of filing tomorrow morning. Several of them are not legally illiterate, and they should know that once a criminal case is filed, I cannot stop the investigation. I also cannot file a civil complaint in the relevant case until the outcome of the criminal case is known. ”
Cao Yun looked at his phone: "It's five o'clock in the afternoon, please reply to me before six o'clock." By the way, I don't want things to be too troublesome, otherwise I should wait for the judiciary to have a clear decision on the case before proceeding with the civil claim. Believe me, on the basis of a criminal verdict, I will not ask for 500,000, at least 10 times more. ”
Cao Yun: "Next, you will discuss it yourself, and I will wait for your reply outside the conference room, and I'll see you later." Cao Yun smiled politely and nodded, and left the conference room with Yimei. This time, Sima Luo was killed and didn't go in. Cao Yun didn't plan to use him this time, if Cao Yun explained Sima Luo's identity as a prosecutor, he would probably be beaten upside down.
......
Sitting down at the coffee table of the noble comic club, the receptionist brought water, and Yimei asked Cao Yun, "Will they agree?"
Cao Yun said: "I don't care if they will agree, I am purely a volunteer today, and you don't have much money to give me." If they don't say yes, it's different. After the criminal verdict is handed down, you can appoint me as a lawyer. I don't need you to pay a lawyer's fee, I only need 30% of the amount of your claim. They promised, and the matter was over. They don't agree, I have money to make. ”
Sima Luo asked: "It seems that there is no problem with the police filing a case, but are you sure that the police will be able to find evidence and finally convict Yihe?"
Cao Yun said: "I'm not sure if the white-collar investigation department can find evidence. But I believe that if you want to investigate such a small case in the search lesson, it is easy to get caught. ”
Sima Luo objected: "Why should a search lesson intervene in this kind of case?"
Cao Yun grinned: "Because of my face." "It shouldn't be about face, to be precise, it should be useful, Cao Yun has uncertain assistance and help value for the future of the search lesson. The investigation of this kind of small case is a violation of regulations, but it does not violate the law, and Li Long explained that Li Long is definitely willing to give Cao Yun a favor.
Cao Yun didn't want to owe anyone a favor, but if Yihe didn't admit his guilt, and the white-collar crime investigation department was stupid, then there was no choice. Sometimes people are forced into a situation step by step.
At this time, the two men entered the conference room, and after ten minutes of communication in the conference room, one man asked Cao Yun to the side to talk: "Lawyer Cao, is 500,000 yuan too much?"
Of course, it's too much, brother is sitting on the ground and starting the price, and you can pay back the money on the ground. How much depends on your ability as a lawyer. Cao Yun said: "Lawyer Wang, I won't talk nonsense about the harm to the victims. In terms of their interests, 500,000 is not much. ”
Lawyer Wang said: "There has been no substantial and serious harm so far, you see......"
Cao Yun: "How much do you think is appropriate?"
Lawyer Wang: "How about 20,000?"
Although the, this lawyer is good.
Cao Yun laughed, thought for a while and said: "It seems that Lawyer Wang is also a fellow believer, I directly said the reserve price, 150,000 yuan, a very suitable price." ”
Lawyer Wang thought for a while: "Lawyer Cao is a barrister, known as Cao Million. Don't embarrass our little lawyer, okay?"
Cao Yun: "......What do you say?"
Lawyer Wang: "100,000 yuan, transfer immediately." ”
Cao Yun was helpless, and reached out to shake hands with Lawyer Wang: "You shouldn't be a little lawyer. ”
Lawyer Wang shook hands with Cao Yun and said with a smile: "Lawyer Cao is smiling. I am a lawyer at Galaxy, and the owner of the publishing house is my brother-in-law. ”
Cao Yun laughed: "I'll just say it...... Yimei, come here. ”
Lawyer Wang was very polite in the discussion, but Cao Yunneng knew that Lawyer Wang had backed down. Lawyer Wang looked at Sima Luo many times, which was a trouble point for Cao Yun. Success is also Sima, defeat is also Sima. Lawyer Wang put pressure on Cao Yun by watching Sima Luo, and at the same time did not put any pressure on Cao Yun in his attitude and words, and completely put the steps in place and waited for Cao Yun to come down.
This is the normal negotiation attitude of a weak lawyer, and Mr. Wang is a lawyer at the Galaxy Department. He knew that once the case was filed, not only Shi Mei and Yihe, but even Gao Gao Publishing House would be involved, and the opponent was Cao Yun, so Lawyer Wang did not have much confidence. But at the same time, lawyer Wang is advancing by retreating, and he retains the ability to fight back, that is, Sima Luo, who Cao Yun was negligent for a while. Lawyers and prosecutors can do a lot of work together to handle cases.
At this time, you should go down the steps, there is no need for you to die. Lawyer Wang specifically explained that the owner of the publishing house was his brother-in-law, which represented a personal relationship. One is to inherit Cao Yun's love, and the other is to express his bottom line. For the sake of his brother-in-law, he can fight.
So the case ended, and Cao Yun and lawyer Wang became professional friends. If you need help from the other party in the future, add your contact information first.
......
"Send her back first. After finishing the matter, Cao Yun explained to the driver Sima Luo.
Sima Luo was not dissatisfied, and he learned a lot from Cao Yun for half a day today. Yimei is using her mobile phone to contact Fan Mei, and he is in a very good mood. Hearing Cao Yun say this, he said, "My sister invites you to eat at home." ”
Sima Luo immediately replied, "Okay." ”
"......" Cao Yun looked at Sima Luo, Sima Luo didn't care, if he didn't go to Fan Mei's house to eat, he would have to bleed heavily. Now that I think about it, sometimes the face can really be left unwanted. Sima Luo was driving while thinking about the cases he had not been very satisfied with before, and he found that if he could be more shameless, maybe the result would be different.
Shamelessness is vulgar, vulgar and a lack of morality. But it is undeniable that shamelessness is a magic weapon for the growth of people's self-ability. It's relatively simple to talk on paper, but in fact, to make ordinary people shameless, they still can't do it.
For example, if someone sees a young lady he likes on the subway, he understands a truth, and if he goes up to talk to him, nine times out of ten, it will not work. But if you don't go up and talk to you, you won't have a chance. At this time, he can be cheeky and accosted, at least there is a little chance, in case the young lady happens to need help, and she happens to fall out of love and wants to take revenge on her ex-boyfriend...... Of course, they are more likely to be despised and scolded.
The truth is: If he is despised and scolded, does he have anything to lose? Of course not. He understands these things, but he just can't do it.
That's the difference between thinking, saying and doing.
As a single prosecutor, Sima Luo's salary makes him worry about food and clothing, but he doesn't have much spare money. Faced with the situation of asking for a buffet at night, he did not hesitate to give up his face and bravely chose to eat. Human character is sometimes shaped by nurture, that is, forced. When a person tastes the sweetness from shamelessness this time, and encounters something difficult to deal with, he will naturally be shameless.
Personality changes because of the environment.
The rivers and lakes are sinister, and the fittest survive.
......
Fan Mei and Yi Mei are completely different types of girls, Fan Mei speaks very softly. Fan Mei has good cooking skills, although it is a temporary meal, but still makes a few beautiful dishes.
This meal doesn't make sense, it's just a meal. After dinner, everyone drank a cup of hot tea together, chatted for a while, and saw that the time was almost nine o'clock, Cao Yun and Sima Luo said goodbye.
Not to mention food, Cao Yun thinks that today's work is meaningless.
Sima Luo has an opinion on Cao Yun's view: "Why is it meaningless to help a pair of sisters in need?
Cao Yun said: "You think we are presiding over justice today, right?"
Sima Luo: "Almost. ”
Cao Yun said: "I don't like to preside over justice, I don't like to fight for justice. Because everyone has their own understanding of justice. I prefer to use justice as a tool. For example, your prosecutors are very fond of this set, and many people are very fond of this set. As far as this case is concerned, have you ever thought that the magic system and world view are copied by Fan Mei?"
Sima Luo was taken aback: "Is there one?"
Cao Yun said: "There may not be, there may not be." You now think that Fan Mei is righteous. In the event of an even weaker unlucky one, you'll think that Fan Mei is evil...... I answered the phone, Harrow ......"
Cao Yun was stunned for a few seconds: "You still have to hold a court session recently? I definitely can't participate in this, and I have to call the police...... No way, you're now classified as a criminal gang...... Oh, and the defense will ...... I do not know...... Ok bye. ”
Cao Yun hung up the phone, and Sima Luo asked, "Flame Court?"
Cao Yun nodded: "The Flame Court is going to hold a defense meeting, and they say that the prosecutor is too weak, and it is very unfair to run completely according to the court model. So prepare a defense meeting for the pros and cons. ”
Sima Luo said: "The Flame Court is a merchant of the Grand Alliance, and your participation in the activities of the Flame Court is equivalent to working for the Flame Court. ”
Cao Yun said: "I know, the other party said that they informed me and hoped that I could participate." Legal and illegal issues, they will deal with it first. Sima Luo, if the Flame Court changes its name to the Flame Defense Society, will you have no choice at all? ”
Sima Luo nodded helplessly: "That's right, the Flame Defense Association does not belong to the criminal gang recognized by the national punishment, and it is clearly written on the national punishment identification that the Flame Court, robin and others belong to the Grand Alliance." ”
Cao Yun said: "After the defense meeting is over, the national punishment will be added to the flame defense meeting. The Flame Defense will become the Flame Defense 2.0. Haha......"