Later, under the instigation of Wu Xiaoqing, the lawyer in the firm found Gu Qingping to "clear the gentleman's side", and Director Gu fired the small front desk under the internal worries (the tigress at home makes trouble every day) and the external difficulties (the lawyers in the firm protested collectively), of course, he took advantage of others, and the compensation always had to be given, but fortunately, Director Gu was good at drilling camps, and he had made some money in his hands in the past few years, and the small treasury was full, otherwise this matter was really difficult to do.

In addition, in order to maintain the number of lawyers in the law firm, Gu Qingping also restricted the flow of lawyers, and used various means to delay or hinder the transfer of lawyers. None of the lawyers who left the fair law firm said that Gu Qingping was good.

Fang Yi listened to Wang Deyou's narration, and sighed in his heart, he thought that only the Justice Law Firm was "a small demon in the temple, and a lot of Wang Ba in the pool", but he didn't expect that this thick eyebrows and big eyes would be so unbearable as the leading fair law firm in the county.

"Thank you, Lawyer Wang." Fang Yi nodded and said with a smile: "I invite you to this meal." ”

"How can I ask you to invite it, I'll come. I am now a working lawyer in the city, and I am a half-landlord, so I should have invited this meal. Wang Deyou is a real person, seeing that Fang Yi got up to pay the bill, he immediately grabbed him and said.

Seeing that Wang Deyou was so serious, Fang Yi couldn't refute his face, so he sat back again.

"Lawyer Wang, let's not be 'you' and 'your', it's too polite, it looks rusty, once it's raw and twice cooked, don't be so polite. I'll add you to WeChat, and it's easy to communicate with you in the future. Fang Yi said, took out his mobile phone and added Wang De's friendly friends.

"Lawyer Fang, are you here to handle a case in the city this time?" After Wang Deyou was full, he put down the dishes and chopsticks and asked.

"Well, I took over a second-instance criminal case, and I have to go to the court in the afternoon to transfer the file." Fang Yi looked at the time and said, then took out a cigarette and handed it to Wang Deyou.

"If you have something to do in the afternoon, I won't delay you. If you need my help in the future, just say it. Wang Deyou took the cigarette pipe.

"No problem. Next time you come to the city, I'll treat you to dinner. Fang Yi said with a smile.

The case of Yuan Wei's fraud has been opened. Fang Yi came to the city in the morning, and the court session arranged by the Intermediate People's Court was 10 o'clock in the morning.

When the presiding judge read out the rights of the parties and the defender, Fang Yi, who was sitting on the defense bench, looked across the street, and the two procurators were sent by the Municipal Intermediate People's Court, a man and a woman, with the male procurator sitting in the first place and the female procurator second.

The male prosecutor is very characteristic, with curly hair (it should be self-curling), a big nose and a high nose bridge, an angular face, big eyes and embarrassment, and a bit of a TV star.

In contrast, the female prosecutor is much inferior, and she looks so ordinary, so ordinary that she will never be found again if she throws it into the pile.

The three judges of the collegial panel were all male judges, and the two young judges on the left and right sat there, very honest, with a hint of nonchalance in their eyes.

The presiding judge in the middle is an old judge in his fifties, with a gray head and deep eyes, as if he can see through people.

Yuan Wei's father, Yuan Changzheng, and his mother, Yang Jing, and more than a dozen other people sat in the auditorium, waiting for the official opening of the trial. Several bailiffs guarded the door, watched people and people, and kept looking at the situation in the courtroom with a pair of eyes.

Seeing Yuan Wei being escorted into the courtroom, his mother Yang Jing immediately became excited, tears flowed continuously, if Yuan Changzheng hadn't hugged her shoulders, I'm afraid she would have run over a long time ago.

Yuan Changzheng looked at Fang Yi and nodded to him, now he pinned all his hopes on Fang Yi's defense.

……

"Now that the court investigation begins, the adjudicators will first read out the verdict of the first instance......," the presiding judge said.

The presiding judge's voice fell, and the young judge sitting on the left began to read out the first-instance criminal verdict, and after he finished reading it, the presiding judge said: "Next, the procurator will read out the protest letter." ”

The male prosecutor picked up the protest and said: "Respected presiding judge and judge, the prosecutor's counter-appeal opinion is as follows, please bring it to the court's attention:

The county people's court sentenced the defendant Yuan Wei to one year and six months in prison and a fine of 2,000 yuan for the crime of fraud in the case of suspected fraud by the criminal judgment of Ji 222 Xing Chu Zi (2013) No. 19, and delivered the verdict to our court on June 10, 2013. After reviewing in accordance with law, this court finds that the court of first instance erred in sentencing and erroneously applying the law, for the following reasons:

1. The sentencing of the original trial judgment was improper.

Defendant Yuan Wei defrauded a huge amount, and after trial, he partially compensated the victim and obtained forgiveness, and may be given a lighter punishment as appropriate, and shall be sentenced to three or more years imprisonment. In the absence of statutory mitigating circumstances for the defendant, the court of first instance was obviously improper in commuting Yuan Wei's punishment.

2. The original judgment erred in the application of law.

The Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China only explains the relevant procedures of criminal proceedings, and the court of first instance erred in directly mitigating the punishment in accordance with Article 505 of the Interpretation. The commutation of punishment was also not reported to the Supreme People's Court for approval......

To sum up, in order to preserve judicial fairness and accurately punish crimes, in accordance with the provisions of article 228 of the "Criminal Procedure Law of the People's Republic of China", a prosecutorial counter-appeal is hereby submitted, and a sentence is requested in accordance with law.

Complete! The male prosecutor looked at the judge.

"Appellee Yuan Wei, do you have any objection to the facts and charges ascertained in the first-instance judgment." The presiding judge said.

"I agree with the verdict of the first instance." Yuan Wei's words were weak, making people feel unconfident.

"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.

……

"Now that the evidence is presented and cross-examined, whether the prosecutor, the defender, and the appellee need to submit new evidence." Presiding Judge.

"No new evidence was submitted." Both sides.

In this case, neither the procuratorate nor Fang Yi had any doubts about the facts of the case, and the appellee, Yuan Wei, confessed to the facts of the crime. The points of contention between the two sides are in sentencing and the application of law.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues. The appellant is invited to take the floor. The presiding judge said expressionlessly.

Fang Yi glanced at the prosecutor opposite, the main event was about to begin, and now is the key to this case.

"It is now up to the Prosecutor to speak." The presiding judge said.

"We believe that Yuan Wei constituted the crime of fraud, and although he reached a settlement agreement with the victim, he only compensated part of the victim's money and obtained forgiveness, and such acts are circumstances that can be punished lightly as appropriate, and the appellee Yuan Wei should be sentenced to more than three years in prison.

In addition, the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China only explains the relevant procedures of criminal proceedings, and cannot directly reduce the defendant's punishment on the basis of Article 505 of the Interpretation. If the punishment is to be commuted below the statutory penalty, it must be reported to the Supreme People's Court for approval.

Concluded. The male prosecutor said.

(End of chapter)