Chapter 137: Flickering

"Later, how did Han Liang find out that he was deceived?" Lawyer Zhao asked.

Later, Han Liang felt that the school had issued an admission notice in May, which was a bit abnormal, so he went to the school to inquire, but the school said that it had not issued an admission notice at all, and this year's admission notice time had not yet arrived.

After Han Liang knew that he had been deceived, he went to the tax bureau to check the uniform invoice for motor vehicle sales, but the invoice itself was fake, and the tax bureau would definitely not be able to find it. The child's enrollment and the purchase of a vehicle confiscated by the customs were not completed, and Han Liang called the police in a fit of anger. The police arrested my son on suspicion of fraud.

That's it, and now the case has been transferred to the procuratorate. Lawyer Zhao, Lawyer Fang, let's see if my son's case can be released on bail pending trial, and if you can find a way to get my son out later. Yuan Changzheng said.

"I'll talk about my thoughts first, and if there's anything I can't say, Lawyer Fang will add." Lawyer Zhao smiled. Fang Yi didn't think his smile was quite right, and there was a hint of mockery.

Since people want to speak first, Fang Yi is naturally not good at taking the lead, so he can only sit there and listen to him express his opinions.

"First of all, if what Mr. Yuan said is the truth, Yuan Wei fabricated facts, concealed the truth, and defrauded 70,000 yuan from Han Liang for the purpose of illegal possession, and his behavior is indeed suspected of fraud.

However, Article 505 of the Interpretation of the Supreme People's Court on the Application of the > of the Criminal Procedure Law of the People's Republic of China, which came into effect on January 1, 2013, stipulates that 'in cases where a settlement agreement is reached, the people's court shall give the defendant a lighter punishment; Where the requirements for applying a non-custodial sentence are met, a non-custodial sentence shall be applied; Where the legally-prescribed minimum sentence is still excessive, the punishment may be commuted; Where it is found that the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived. ’

According to the above explanation, in this case, if you can find the victim and reach a settlement agreement with him, it will be of great benefit to Yuan Wei's sentencing. Lawyer Zhao said confidently.

Sometimes the lawyer's self-confidence can affect the client's choice, which is more effective than saying big things and patting his chest, because this is a hint, and the client will interpret a lot of content from the lawyer's self-confidence, such as the lawyer is experienced and must have done similar cases, and winning the case is basically in hand.

"Do you think it's possible that the offense in this case was minor and didn't require a criminal sentence?" Yuan Changzheng looked concerned.

"Lawyer Fang, what do you think?" Lawyer Zhao did not answer directly, and kicked the ball to Fang Yi.

Fang Yi scolded in his heart, you said everything that was good, and threw me the things that offended people, can Yuan Changzheng have a good impression of me.

"In accordance with article 1 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" (effective as of April 8, 2011), where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be 'relatively large', 'huge', or 'especially huge' as provided for in article 266 of the Criminal Law.

The high people's courts and people's procuratorates of all provinces, autonomous regions, and directly governed municipalities may, in consideration of the economic and social development situation in that region, jointly research and determine the specific amount standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for filing.

So far, our province and the provincial high court have not reported the specific amount standard implemented in the region, so it is still determined according to the above standard.

According to the above provisions, the amount of money obtained by Yuan Wei by fraud should be between a relatively large amount and a huge amount, and it mainly depends on the attitude of admitting guilt, the circumstances of compensation, the victim's forgiveness, and other circumstances, and the court judge has the right to make discretion.

Therefore, Yuan Wei's case should not be a case where the circumstances of the crime are minor and no criminal punishment is required. Fang Yi said truthfully.

"Of course, Mr. Yuan, don't be too pessimistic, Article 505 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China> I just mentioned is applicable.

If the defendant issues a letter of understanding and then reaches a settlement agreement with you, the court will still consider the specific sentence when sentencing. Yuan Wei has been in detention for so long, it is estimated that when the verdict is handed down, the time of detention will be deducted from the sentence, and it will not be long before your son can come out. Lawyer Zhao added.

"Lawyer Zhao, Lawyer Fang, are you familiar with the district court, can you help with the operation?" After Yuan Changzheng finished speaking, he looked at Fang Yi and Lawyer Zhao opposite.

It should be said that Yuan Changzheng's way of thinking is a very Chinese way of thinking, as long as he encounters trouble, the first thing that comes to mind is definitely to find a relationship.

Fang Yi has no relationship with the court, and he doesn't dare to solicit business like this. He didn't dare not be afraid of others, Lawyer Zhao was stunned when he heard Yuan Changzheng's words, and then his eyes rolled.

"I've been a lawyer for half my life, and to say that I know all the judges in the court is fooling you, but how can I not know a few judges after being a lawyer for a long time.

Besides, our law firm has more than 100 lawyers in the city, which can be called a big law firm, and there are not a few lawyers who do criminal cases. I don't know any, and I don't know any other lawyers.

If you really can't do it, you can go to the head of the Criminal Division, and the judge in charge of the case is uncertain, but the president and vice president of the Criminal Division are fixed. But it's too early to say this, and it's not too late to wait for the case to reach the courts. Lawyer Zhao said with a smile.

There is nothing wrong with what Lawyer Zhao said, as if he said something, but as if he didn't say anything. In short, give Yuan Changzheng hope, tell him that I have a relationship, and let him not grasp the handle, anyway, the case has not yet reached the court, and the specific judge who undertook the case only God knows, fool!

Now we are talking about the facts of the case, and it is a question of whether or not to entrust it, as long as Yuan Changzheng entrusts it, when the time comes, I will talk about the matter of finding someone to spend money, and I really can't just find a reason to prevaricate Yuan Changzheng, this kind of matter cannot be put on the table, and he can't really go to the court to ask. Lawyer Zhao has not done this kind of thing once or twice, he has experience.

"Lawyer Fang, how are you doing over there?" Yuan Changzheng looked at Fang Yi.

"If you do a good job of the advice I gave you and Lawyer Zhao before, I estimate that once the sentence and the time of detention are combined, your son's time in it will not be too long.

I don't think you need to find someone for this kind of case, of course, if you have a relationship yourself, you can also ask someone to help. Fang Yi said.

Obedient and listening, Yuan Changzheng understood as soon as he heard it, Fang Yi had no relationship with the court.

The rest of the conversation was much simpler, basically Yuan Changzheng was talking to Lawyer Zhao, and Fang Yi would occasionally catch up. Yuan Changzheng's daughter-in-law Yang Jing also admires lawyer Zhao, but rejects Fang Yi, who is recommended by Mr. Meng.

(End of chapter)