In addition, according to your account, another protest opinion of the procuratorate is that the original judgment erred in the application of law.

The procuratorate held that the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China only explained the relevant procedures of criminal proceedings, and that the court of first instance erred in directly mitigating the punishment in accordance with Article 505 of the Interpretation. Commutation of punishment shall be reported to the Supreme People's Court for approval.

I don't think the procuratorate's point of view is tenable.

First of all, article 279 of the Criminal Procedure Law clearly stipulates that in cases where a settlement agreement is reached, the people's court may give the defendant a lenient punishment in accordance with law. Mitigating, commuting, and exempting punishment should all fall into the category of 'lenient punishment'.

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 is the concretization of the above provisions, and the provisions of Article 505 on lenient punishment, commutation of punishment, and exemption from criminal punishment in criminal settlement cases all fall within the scope of "lenient punishment" in Article 279.

Therefore, I believe that the people's court can directly make a judgment to reduce the punishment or even waive the sentence, and there is no need to report to the Supreme People's Court for approval in accordance with the sentencing procedures below the statutory penalty. Fang Yi thought for a while and said.

"So the procuratorate's first protest opinion is the key?" Although he couldn't understand the brain-burning legal provisions, for Mr. Meng, he could still grasp some important information.

"Well, there may be other breakthroughs, of course, this will have to be discussed after reading the case file. What does Mr. Yuan want to do in this case? Fang Yi looked at Yuan Changzheng.

His subtext is very clear: Mr. Yuan, do you want to find another lawyer, or entrust me to handle it?

He had to admit that Fang Yi's professional ability was very strong, and when he talked about the case with Lawyer Zhao and the partner before, they basically couldn't talk about it for a while, and they would turn to finding someone, entrusting the relationship, and then asking for money, and rarely had an in-depth discussion of the case.

Yuan Changzheng, who had been fooled once, gritted his back molars, and planned to try again and entrust the middle-aged male lawyer in front of him to be his son's second-instance defender.

"Lawyer Fang, how sure do you think my son's case will be upheld?" Yuan Changzheng asked.

"I can't say this, and I won't promise you anything by patting my chest. If you entrust me, I will do my best. After Fang Yi finished speaking, he looked at Yuan Changzheng.

He knew that the other party wanted him to give an accurate word, but how could there be so many accurate words for this kind of thing, after all, the adjudication power was not in the hands of the lawyer, what was the use of saying it, and he would complain like Lawyer Zhao.

In fact, Fang Yi has been thinking about the solution to this case since he received Mr. Meng's invitation call, and he has thought of one, but whether the court will adopt it, and even if it does, there is uncertainty about whether the original judgment will be maintained, so he does not dare to rashly say the plan.

Besides, the other party has not yet entrusted, if he has told the plan, he can't guarantee that the other party will find a cheap little lawyer to do the case and leave himself aside. Naturally, Yuan Changzheng won't say anything if he wins the second instance, but if the court of second instance changes the verdict, Yuan Changzheng won't blame the little lawyer, and he will definitely resent Fang Yi's professional ability in his heart and hurt his son. I have to guard against it!

"Lawyer Fang, my son's case is entrusted to you." After a while, Yuan Changzheng said with a sincere face.

In the end, the two parties finalized the second-instance lawyer's fee of 30,000 yuan. The lawyer's fee is less than that of the first instance, mainly because Yuan Changzheng has no bottom in his heart, and the best result of winning is to uphold the original verdict, so he is unwilling to pay too much.

Yuan Changzheng and Mr. Meng stayed in the county for a night, and the next morning, the two went to the Justice Law Firm and signed the entrustment procedures with Fang Yi.

Walking on the streets of the city, Wang Deyou was relaxed, and he finally left the fair law firm and transferred to a small law firm called Weimin in the city.

Looking at the bustling street, his heart is not as relaxed as it seems. There are many opportunities in the city, but the competition is also fierce, there are only a few law firms in the county, but there are more than 100 law firms in the city that he can name, and there are many that he doesn't know.

Wang Deyou knows that many lawyers in the city have gone to the capital to develop, and some lawyers have relationships in the city, but people are in the capital, and most of these lawyers do the cases of acquaintances and friends, relying on trust.

This kind of lawyer is qualified to transfer the lawyer relationship to the capital, but whether people are willing to transfer, and whether they can transfer is another matter.

1. The procedures for inter-provincial transfer are relatively complicated, and for the sake of optimization and competition, the Beijing Lawyers Association is very strict in reviewing the transfer of lawyers from other provinces, and the transfer period is very long, which takes about half a year under normal circumstances.

Second, the invoicing cost in the capital is about six points, while the invoicing cost in the city is only more than one point (with tax incentives), compared to the difference of five points for lawyers with low incomes, so they prefer to keep the relationship in the city.

Wang Deyou, like most lawyers, has no back, no connections, and can only be a lone hero when he comes to the city. But his personality determines that he is not a lawyer who knows him well like Zhao Cunliang and Zhao, so if he chooses to work alone when he comes to practice in the city for the first time, he is likely to be hungry and unable to pay the rent.

As early as when he had the idea of changing firms, he thought about it and went to the city to find a law firm to work as a salaried lawyer, and made the transition first. When he was in the county, he went to the city several times, and some law firms of all sizes like to recruit young lawyers, because young lawyers are energetic, can work overtime day and night, and there is no drag from home.

Looking around, he finally found Weimin Law Firm, the director of Weimin Law Firm is surnamed Song, called Song Xilian, a very good person, recently signed a legal counsel for a large enterprise through a relationship, and needs a more stable lawyer to sit in charge of providing legal services, so Wang Deyou obtained this position with his steady personality and mature appearance,

Fortunately, Wang Deyou's daughter-in-law has a stable job in the county, and the child's primary school expenses are not large for the time being, and the family has a stable income, so he doesn't have to worry about it, otherwise it is really enough for Lao Wang to drink a pot. Wang Deyou didn't plan to be a working lawyer for the rest of his life, but he just found a place to settle down and then slowly figured it out.

Wang Deyou is a (soft) and kind (weak) person, on weekdays, he buys a live chicken and duck at the farmers' market for the New Year's festival and takes it home, and he has to be slaughtered by his daughter-in-law, he doesn't dare to use the knife, he thinks it's too bloody. Let him carry a knife to slaughter a living life (chicken and duck), he can't bear (dare).

(End of chapter)