Chapter 69: Recidivism

"I have a friend who is in some trouble and wants to consult with you." Sister Lan said.

"Okay, where are we meeting?" Fang Yi asked, today is Sunday, the law firm is not open, he doesn't have the key in the office, and he can't enter the door.

"You rest in the morning, adjust your state, I'll see you at about three o'clock in the afternoon, come to Yunwu Tea House." I'll send you the address in a moment. After speaking, Sister Lan hung up the phone.

After hanging up the phone, Fang Yi rushed to the bed again and fell asleep.

2:50 p.m., Yunwu Tea House.

Fang Yi has been pondering in his heart since he walked into the Yunwu Tea House, isn't it common to talk about things in the teahouse? No matter how bad it is, I have to make an appointment for a private room, how did I make an appointment with a place to sell tea.

Yunwu Tea House is really a tea house, opened in the bottom of a residential building, open the thick cotton curtain and immediately smell a smell of tea.

After Fang Yi entered the door, he was standing at the door and was looking in, and a little girl came up, about eighteen or nineteen, looking very festive: "Hello, what kind of tea do you want to buy?" "She has a nice voice, a bit like a lark.

"I'm sorry, I'm looking for someone, we have an appointment, and we'll meet in the store at three o'clock." Fang Yi said apologetically. Do people who sell tea places sit down and talk about things? Unless the person talking is ......

While he was thinking nonsense, the little girl smiled: "You are Lawyer Fang!" Please follow me. ”

Fang Yi agreed, and followed the little girl to the back, the area behind is not large, there is a tea room about twelve or thirteen square meters of room renovated. The door on the opposite side of the teahouse is locked, and it is estimated that it is the location of the storeroom or something.

In the tea room at this time, Sister Lan was chatting with a woman while sipping tea.

The woman was about thirty years old, with big eyes, skin like snow, hair on the back of her head, and an indescribable charm between her smile and smile.

"Lawyer Fang, come on. We're talking about you. Seeing that Fang Yi was brought into the door, Sister Lan got up and greeted. The woman also stood up and nodded at Fang Yi with a smile.

"Sister Lan, I'm not late!" Fang Yi saw that Sister Lan had arrived, and subconsciously glanced at the time on his mobile phone.

"The time is just right, you just be punctual. Come, let me introduce you, this is Yunmei, my friend, and the owner of Yunwu Tea House.

Xiaomei, this is the lawyer I mentioned earlier. Lawyer Fang is very professional, if there is anything you want to ask, you can ask directly, you don't need to hide it, you are all your own people. Sister Lan introduced.

"Hello, my name is Yunmei. The owner of a small tea shop. Yunmei stretched out her hand generously.

"Hello, my name is Fang Yi. A small lawyer. Fang Yi took two steps forward and shook hands in front of him.

After saying that, the two looked at each other and smiled!

When he saw Yunmei, Fang Yi suddenly remembered a poem about plum blossoms written by Wang Anshi in the Song Dynasty: There are several plums in the corner, Ling Han opens alone, and he knows that it is not snow, because there is a dark fragrance.

Yunmei's temperament is very similar to plum blossoms, modest and warm, and proud.

"Alright! Don't be modest, sit down and talk. Sister Lan grinned and said, "Lawyer Fang, I invited you here this time for Xiaomei, so let her tell you." ”

Fang Yi snorted and looked at Yun Mei: "Mr. Yun, if you have anything to consult, you might as well say it directly." ”

"Well, it's actually not my business, it's my brother's business......" Yunmei poured a cup of tea for Fang Yi and said what she wanted to consult.

Yunmei's uncle has a son named Yunhai, and two years ago, Yunhai and his wife Shui Dan divorced by agreement because of emotional discord. At that time, they had a house, and when they divorced, Yunhai gave the house to his wife Shui Dan and went through the transfer procedures.

Later, Yunhai repented and wanted to go back to the house, but Shui Dan refused. Yun Hai pried open the door many times, and when he entered the room, he did not leave, Shui Dan dissuaded him, but Yun Hai did not dare to teach him repeatedly, and Shui Dan called the police in desperation.

Yun Hai was punished by the public security organs with administrative detention and a fine, but Yun Hai still did not repent, and once again forcibly pried open the door to enter the room, and was later caught by the public security organs, and the court sentenced him to one year in prison for the crime of trespassing into the house.

After Yunhai was released in the middle of this year, Yunmei arranged for him to help in the store, but who knew that he hated Shui Dan and used his off-duty time to find Shui Dan again.

At this time, Shui Dan had already married someone else, Yun Hai saw that the little couple lived in the room, and their lives were very happy, so he was jealous, regardless of Shui Dan's warnings and prevention, he broke into the room and clashed with Shui Dan's husband, and Shui Dan hurriedly called the police when he saw this.

Later, after the injury was evaluated, Shui Dan's husband had multiple soft tissue injuries on his body, which were minor injuries, and Yunhai did not constitute the crime of intentional injury. But the police still detained Yunhai on charges of trespassing into a house, and now he has been put in a detention center.

"My brother...... Ay! I was sentenced once before for trespassing on a private house, but I didn't have a long memory and made the same mistake again.

I consulted with several lawyers, and some of them said that it was impossible to give a suspended sentence, and some lawyers said that as long as they got the woman's letter of understanding, there was still a chance to give a suspended sentence.

Lawyer Fang, do you think my brother has a chance to give him a suspended sentence? Yun Mei asked with a frown.

"I don't think it's likely." Fang Yi thought about it.

"Why? It's really not okay to spend some money......" Yunmei said with an anxious look on her face.

"Technically, there is a high probability that your brother will be sentenced to fixed-term imprisonment for this crime, and if this is the case, less than a year has elapsed between this crime and the last time he was sentenced and released, which already constitutes a recidivist.

The Criminal Law has special provisions for recidivism, which should be punished heavily. I'm afraid your brother's sentence will be longer this time than before. Fang Yi said.

"Recidivists?" Yun Mei showed a puzzled look.

"Let me explain to you: Article 65 of the Criminal Law stipulates that a criminal who has been sentenced to fixed-term imprisonment or higher commits another crime that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the sentence or pardon is committed, is a recidivist and shall be punished heavily, except for crimes of negligence and crimes committed by persons under the age of 18.

That is to say, if both of them are intentional crimes, with an interval of less than five years, and both are sentenced to fixed-term imprisonment or higher, they constitute recidivism and must be punished heavily.

Going back to your brother's case, he fits the profile of a repeat offender, so there is a good chance that the court will sentence him to a longer sentence than before.

However, your brother only trespassed into the house and did not do anything else that violated the criminal law, so I personally believe that the sentence will not exceed two years, but it will most likely be longer than one year. Fang Yi said.

"That's it!" Yun Mei froze, and a sour feeling welled up in her heart: "In other words, my brother will definitely have to go to prison, and it is impossible for him to be given a suspended sentence and released." ”

Fang Yi didn't speak, just nodded.