Luo Chenglong explained to Zhao Changfeng: "First of all, the 150,000 deposit can be explained by the project quality deposit. Although Yang Jiangchao did not issue a receipt, nor did he hand it over to the Scenic Area Administration, he saved it in his personal account. But he didn't touch a penny of principal and interest income in it, so it can be explained that I am not taking bribes, and the clause of violating financial discipline can still be explained. ”

"In addition, the 150,000 yuan is not the money of the Scenic Area Administration, so there is no corruption or embezzlement. You don't need to consider this part of the head, so you only need to consider the remaining 30,000 yuan. ”

Luo Chenglong continued: "The remaining more than 30,000 yuan is indeed the money of the scenic area, and Yangjiangchao did not explain it to other leaders when it was deposited into his personal account, nor did he let the financial department of the scenic area management bureau know, so this constitutes embezzlement of public funds." ”

"However, whether the embezzlement of public funds constitutes a crime is divided into several situations, the first is that the embezzlement of public funds is for personal use to carry out illegal activities; The second case is the embezzlement of public funds for individuals to carry out profit-making activities; The third circumstance is where the misappropriation of management funds is used by individuals for purposes other than the first type of illegal activities and the second type of profit-making activities, and the amount is relatively large, more than three months. ”

Luo Chenglong analyzed: "Yang Jiangchao's case is suitable for the third situation, although he stated that the use of these public funds is to be used for emergency business entertainment in the scenic area in the future, but there is no actual example, so the judge may not support it at that time, and it will still be treated as embezzlement." Yang Jiangchao had been depositing these public funds into private accounts since two years ago, so the period of embezzlement far exceeded the three-month period prescribed by law, thus constituting the crime of embezzlement of public funds. However, in the third case, there is also a condition that the amount is relatively large. So how much is a large amount? There are no clear provisions in the criminal law, and it is up to the local courts to control themselves. ”

"As far as I know, there is a standard within our Central Plains Provincial Court system, that is, if the embezzlement of public funds for personal use has not been repaid for more than three months, the starting point is 10,000 to 30,000 yuan. Only when this criterion is met can it be considered a crime of embezzlement. ”

"The total amount of business promotion fees withheld by Yangjiang Chao from the Scenic Area Administration is more than 32,000, which exceeds the upper limit stipulated by the Central Plains Provincial Court System, so it can be determined that the crime of embezzlement of public funds has been constituted."

"But I just asked him, and the last business promotion fee he withheld from the Scenic Area Administration was 3,500 yuan, and when the Anti-Corruption Bureau of the Procuratorate issued an arrest warrant, he was still two days short of three months. In other words, the 3,500 yuan can not be regarded as embezzlement. Then Yangjiangchao's embezzled public funds are only more than 29,000. This amount is still below the upper limit stipulated by the internal regulations of the Central Plains Provincial Court system, so it is okay to say that Yang Jiangchao is guilty of embezzlement of public funds, and it is okay to say that he is not guilty of embezzlement of public funds, it depends on how we act and act. Luo Chenglong finally said.

Zhao Changfeng nodded again and again when he heard this, and when Luo Chenglong finished speaking, Zhao Changfeng said with a smile: "Fortunately, I met President Luo, a person who understands, that I figured out the trick here." If it weren't for you, an old president who has worked in the judiciary all his life, I am afraid that in the end, the court would have sentenced him, and we would not have figured out what was going on! ”

Luo Chenglong smiled and said, "Isn't this also a legal waste?" What does the law do? It's for people! I've been doing law all my life, and now it's natural to let legal services serve people! ”

Zhao Changfeng asked again, what did he say when he saw Yang Jiangchao and his wife for a while.

Luo Chenglong said: "Let Yang Jiangchao stick to his original statement, don't change it." Others just tell them that we're working on it, and there's no need to make it so clear to them. I explain so much to you just so that you can understand in your heart, just have a number in your heart. ”

Back in Yang Jiangchao's room, Yang Jiangchao and Teacher Zhou immediately greeted him and looked at Zhao Changfeng and Luo Chenglong nervously. Luo Chenglong said with a smile: "Director Yang, Teacher Zhou, I also communicated with Comrade Xiao Zhao just now. Comrade Xiao Zhao's case of Director Yang was handed over to me, and I will definitely do my best to help you handle it, and you can rest assured of this. ”

Yang Jiangchao and Teacher Zhou said in unison: "Thank you, President Luo, thank you Xiao Zhao." ”

Then Yang Jiangchao asked again: "President Luo, then what should I do?" ”

Luo Chenglong said with a smile: "Director Yang, what you need to do is to explain the problem to the procuratorate and the court in a realistic manner, and don't hide anything." What we public prosecutors and law people don't like the most is that there is no one who speaks accurately! ”

Yang Jiangchao said knowingly: "Thank you, President Luo, I understand." ”

Luo Chenglong smiled: "It's good to understand, go back and have a good New Year, don't have any burden in your heart." By the way, I brought a power of attorney with me, and you can sign it for me now. In this way, if I have time in the next few days, I will go to the procuratorate to check your file and take a look. ”

"Thank you, President Luo, for the trouble!" Yang Jiangchao and Teacher Zhou thanked each other.

Under the guidance of Luo Chenglong, Yang Jiangchao signed a lawyer's power of attorney and handed it to Luo Chenglong.

Luo Chenglong put away the lawyer's power of attorney and said, "That's it, I have other things, you can go back to Shanyang City for the New Year now." If anything changes here, I'll call you to let you know. ”

After sending Luo Chenglong away, Yang Jiangchao and Teacher Zhou surrounded Zhao Changfeng and asked again. Zhao Changfeng pushed everything on Luo Chenglong, telling Yang Jiangchao and Teacher Zhou not to be in a hurry and patiently waiting for Luo Chenglong's news.

In addition, Zhao Changfeng also told Yang Jiangchao and Teacher Zhou that it was best to go back tomorrow night, and try to avoid letting others see Yang Jiangchao on the road. After Yang Jiangchao went back, he also hid at home and didn't come out. It saved some people from unnecessary trouble when they saw Yang Jiangchao being released on bail pending trial.

Yang Jiangchao also nodded and said that the reason why he was investigated by the Anti-Corruption Bureau of the Procuratorate this time must be that someone was deliberately trying to rectify him. If it weren't for his handwriting, the 30,000 yuan deposit account that opened the account and closed it would not have been explained.

Teacher Zhou asked Yang Jiangchao who he offended and who would be behind him.

Yang Jiangchao said hatefully: "It's either Director Li or Director Liu, the two of them usually quarrel with me the most, and in the period before I was arrested, Director Li suddenly greeted him affectionately when he saw each other unusually. But Director Liu often sneered when he saw me. I think both of them are anomalous, and if the anonymous letter wasn't one of the two of them, or if they hadn't made it together! ”

Zhao Changfeng was embarrassed when he heard this, and said in his heart, Brother Yangjiang, you have wronged a good person this time. You don't know, the people who wrote those anonymous letters and forged your account opening and closing information are sitting across from you.

After returning to Shanyang City, I began to prepare for the New Year.

On the first day of the Lunar New Year, Zhao Changfeng and his classmates went to visit the homeroom teachers of junior high and high schools, and then the entertainment program was to play mahjong. Zhao Changfeng was not interested, so he returned home early. He originally wanted to go to Mr. Zhou's house to see Yang Jiangchao, but then he thought that Mr. Zhou was a teacher in No. 1 Middle School, and there must be many students at home to visit, so he didn't go to join in the fun.

But Zhao Changfeng didn't go to see Teacher Zhou, but Teacher Zhou came to Zhao Changfeng's house with a gift to see him. This made Zhao Changfeng very embarrassed.

Letting Teacher Zhou into the room, Zhao Changfeng asked about Yang Jiangchao's situation. Teacher Zhou said that it was not bad, but he couldn't go out all day, and he was a little panicked at home.

Zhao Changfeng said with a smile, let Brother Yang go back to his hometown, breathe in the fresh air of the countryside, and avoid those miscellaneous people in the city from seeing him.

Teacher Zhou sighed and said, "Xiao Zhao, Lao Yang and I originally planned to do the same thing, and take Xiao Hui back to our hometown for the New Year. But Xiaohui's illness suddenly became serious, and I felt dizzy and chest tightness from time to time in the past few days, and the medical conditions in my hometown were so poor, I really didn't feel at ease. Alas, our little Hui, what a hard-working child......"

As he spoke, Mr. Zhou's eyes began to turn red again.

Yes, after this lawsuit, even if Yang Jiangchao can get out of the whole body, the 180,000 yuan is gone. What about Xiaohui's illness, what should I think?

After thinking about it, Zhao Changfeng made up his mind, just treat it as a good deed, no matter whether Yangjiang Chao will become the general manager of Liang Yazi Scenic Area in the future, he must first help Mr. Zhou take care of Xiaohui's illness.

However, Zhao Changfeng can't say this now, it seems too abrupt. He wanted to find a more suitable opportunity to tell Mr. Zhou again.

Teacher Zhou was talking to Zhao Changfeng, and a large group of guests came to the Zhao family, and those relatives and friends who don't usually come and go don't know what was going on this year, so they all rushed over to pay New Year's greetings.

Teacher Zhou hurriedly said goodbye and left.

When the guests saw Zhao Changfeng, they all gathered around and praised him, which made Zhao Changfeng very embarrassed. It was easy to endure the first day of the Lunar New Year, and Zhao Changfeng hurriedly told his parents that he was going to Zhongzhou to pay New Year's greetings to Mr. Lin, and Lin Dongfeng and his wife also came back from Suifenhe for the New Year.

But Zhao Changfeng didn't expect that his trip to Zhongzhou would once again bring him and the old man Zhang Changsuo together.

(To be continued)