Chapter 028: Li Dai Tao Stiff
"Why?"
The Luo family present asked almost in unison, except for Luo Fei.
Although Luo Fei did not play a role in his father's experience in his previous life, he clearly remembered the development process and outcome of his father's case.
In the previous life, although the Luo family did not invite Tian Wudong to defend themselves, the defense strategies given by the lawyers they found at that time were similar, focusing on clarifying the boundaries between economic disputes and criminal offenses.
In accordance with the provisions of the Criminal Law and relevant judicial interpretations, economic disputes are conflicts of rights arising from personal and property rights and interests between natural persons, legal persons and unincorporated organizations that are equal subjects, and the parties may voluntarily choose to settle them by means of reconciliation, mediation, arbitration, etc., and may also protect their legitimate rights and interests through civil litigation.
The crime of criminal fraud is an act that endangers society by the perpetrator by means of fabricating facts and concealing the truth for the purpose of illegally taking possession of other people's property, and it is difficult for the victim to realize his rights and interests through a single civil litigation method, and he must request the intervention of the public judicial force to use criminal means to protect his property rights and interests.
In economic activities, the substantive boundary between criminal fraud and economic disputes lies in whether the perpetrator defrauds others of their property through false facts and has serious social harm. Criminal fraud goes beyond the scope and boundaries of civil law adjustment, and itself has the necessity of using criminal means to punish it.
Therefore, for normal commercial disputes in the market economy, if judicial remedies can be obtained through civil litigation, both parties should be allowed to realize their rights and balance their interests through equal presentation of evidence, cross-examination and debate in civil litigation, instead of using criminal punishment as a last resort.
According to this defense strategy, the father did win in the first instance and was acquitted.
However, this result did not satisfy the plaintiff and the relevant departments behind the plaintiff, and they filed the second instance again, and overturned the judgment of the first instance in the second instance, and finally convicted Luo Youwei of fraud.
The reborn Luo Fei knew very well in his heart that defending according to this path could not really save his father, at most it only gave the whole family a false hope.
He didn't want his father and the Luo family to repeat the kind of experience in their previous lives, the process of seeing the dawn of hope and finally falling into darkness would only give people more pain.
Therefore, when Luo Fei heard Tian Wudong say that he was not optimistic about the prospects of the defense, he secretly nodded in agreement.
This time, it was a wise decision to choose Tian Wudong.
Unlike the confusion and competition of the rest of the Luo family, Luo Fei looked at Tian Wudong confidently, waiting for the future barrister to explain his defense strategy.
......
Under the gaze of everyone in the Luo family, Tian Wudong said unhurriedly:
"This case is not a simple criminal case, and the circumstances behind it are more complex than they seem. ”
Mulan was puzzled:
"What's complicated, isn't this just a false accusation, my husband didn't use any false means to defraud the goods, and we are actively repaying the loan, they must make a big deal and arrest my husband. ”
Regarding Mulan's question, Tian Chengdong smiled slightly and explained:
"There are so many disputes over payment for goods that if you want to sue these cases as fraud, the relevant departments will be busy. ”
"Yes, every household in our Oudong is doing business, and it is normal for businessmen to borrow money from each other, if they can't pay back for a while, everyone will find relatives and friends to borrow and turnover, unless this person runs away with the money, no one will go to the official house to sue ah. ”
Mulan said angrily, although she is not a native of Oudong, but after marrying into the Luo family for so long, she is almost the same as Oudong in terms of thinking and tone.
The Luo family members present echoed and agreed, they were all ordinary people, and their way of thinking could not escape the restrictions of ordinary people, but Tian Wudong was different, he came out of the system, and he had experienced and seen much more things than ordinary people, so he shook his head slightly and said:
"This case, as simple as it may seem, is complicated to say. ”
Mulan, who was like fire, hurriedly urged:
"Lawyer Tian, where is the complicated, you can say it quickly. ”
Although the Luo family kept urging, Tian Wudong still maintained an unhurried tone and said slowly:
"In recent years, our country's overall economy has encountered great difficulties, coupled with the impact of the financial turmoil caused by the speculation of international tourists, which has caused many problems for enterprises, especially the operation of state-owned enterprises, and the entire Jiangsu and Zhejiang provinces and Oudong City have shown signs of economic indicators declining, and Lucheng County is no exception. ”
"In order to solve economic difficulties, improve the operating efficiency of state-owned enterprises, and reduce the burden on enterprises and the government, state-owned enterprises are required to streamline their personnel, which is commonly known as 'XG'. This policy is beneficial to state-owned enterprises from a macro perspective, but in the actual implementation process, it will inevitably cause the interests of many old workers of state-owned enterprises to suffer, so the resistance is also very great. ”
"Lucheng County Iron and Steel Plant is the focus of the reform, involving XG diversion of workers accounted for about 40%, due to the limited local financial capacity, the welfare and security of these workers is very meager, the diversion of workers is very big, I heard that there have been several troubles, Lucheng County Government is very headache about this. ”
"This is where the source of this case lies. ”
Tian Wudong did not analyze the case, but went around in a big circle to talk about the local economy and the reform of state-owned enterprises, which made the Luo family hear it in a fog, and the anxious Mulan was almost about to ask, but Tian Wudong's natural aura of an institutional elite was very capable of intimidating ordinary people, so although Mulan was very anxious, she still suppressed her temper and waited for Tian Wudong to continue.
Without waiting for Tian Wudong to speak, Luo Fei, who had not spoken much, finally spoke at this time, he looked at Tian Wudong's eyes, and said with a straight look:
"Li Dai Tao stiffened. ”
Tian Wudong had a look of surprise in his eyes, and he couldn't help but turn his head to look at the speaker.
This is the first time he has seen the reborn Luo Fei, two people who originally knew each other in their previous lives have now met in advance, although Tian Wudong does not grasp the future historical process like Luo Fei, but he is a very observant man, he can see at a glance that this 16-year-old boy is very unusual, and there are many things hidden in his eyes.
However, Tian Chengdong could never have imagined that the things in the eyes of this 16-year-old boy were not only beyond his age, but also far ahead of this era.
The four words that Ke Luo Fei said were enough to make Tian Chengdong look at him with admiration.
Tian Chengdong glanced at Luo Fei several times, and then turned around and picked up Luo Fei's words.
"That's right, Luo Youwei's case is said to be a fraud case, but it is actually a back-the-back case. In order to appease the excited XG employees, Lucheng Iron and Steel Plant randomly found a trading partner and sued it for fraud through the relevant departments. ”
Luo Fei wasted no time in adding:
"It's not just two wins, it's more than one stone. After the case was decided, the problem of XG employees was solved, and Lucheng County also obtained a stable and stable development environment, and all aspects were profitable, but my father was the only one who took the blame. ”
Tian Wudong nodded approvingly to Luo Fei, he turned around and said to Mulan, who had not yet fully figured it out:
"To save your husband and win this case, the key point is not in the court, but in the government. ”