Li Mingbo really can't see it, although he is guilty, although his professional ability is limited, although he is young, but he has a bottom line, unlike Director Sun and Zhao Zhongzhong to deceive customers, just after Liu Qiaoling went out, he chased her out under the pretext of telling her that Fang Yi had transferred to Jinshi Law Firm, and asked her to go to Jinshi Law Firm to find Fang Yi.

In this way, Liu Qiaoling found Fang Yi's information and the team's contact information on the website of Jinshi Law Firm, and made an appointment for door-to-door consultation.

Because she had seen Fang Yi's photos on the law firm's website before, Liu Qiaoling recognized him at a glance when Fang Yi walked into the conference room.

After listening to Liu Qiaoling, Xie Youhe couldn't help but glance at Fang Yi beside him, he didn't expect this guy to be so well-known, and the stickiness of fans is really high!

"Lawyer Fang, lawyer Xie, the bank collects debts all day and night, I just want to get my car back to pay off the debt, I really don't think about it so much. My case ......" Liu Qiaoling frowned, worried and regretful.

Xie Youhe looked at Fang Yi, his meaning was obvious: People came for you, and they handed it over to you.

"Ms. Liu, don't worry. Personally, I believe that although the vehicle involved in the case can be the object of theft, it does not mean that the perpetrator, that is, your behavior, necessarily constitutes the crime of theft. Fang Yi thought for a while.

"Oh? What do you mean ......"

Hearing Fang Yi say this, Liu Qiaoling's eyes full of worry and helplessness immediately brightened. It's as if a drowning person suddenly grabbed a piece of wood floating on the water, and suddenly had hope of life.

"I asked, what is the status of the impounded car now?" Fang Yi asked.

"The police said that this car is my family's legal property, and it has been returned to me a few days ago, and the formal procedures have been completed." Liu Qiaoling said.

"Well, Ms. Liu, you used illegal means to retrieve your vehicle that was seized by the public security organs in accordance with the law, I don't think it constitutes the crime of theft, the main reason is that your subjective purpose is not to illegally occupy it."

After speaking, Fang Yi saw that Liu Qiaoling wanted to speak, and then said, "Don't worry. I'll explain it to you.

First of all, it is a fact that after the public security organ seized the vehicle involved in the case in accordance with the law, the bank urged you to repay the loan and was ready to prosecute you.

So you drove away the vehicle involved in the case, the direct purpose is to pay off the debt in kind and return the bank loan, not to illegally take possession of the vehicle, right? ”

"Yes, I drove the car out to pay off the bank loan, and that's what I said when the police and the prosecutor's office asked me. Someone from the bank can testify. Liu Qiaoling said excitedly.

"You take a sip of water, don't worry. Hear me out.

Second, the time between the incident and your arrest is very short, you have not claimed compensation from the public security organs, and the procuratorate is likely to have no other evidence to prove that you have the purpose of illegal possession, of course, this can only be determined after reading the case file.

Moreover, the vehicle involved in the case has been recovered by you in accordance with the law, proving that the vehicle is indeed the legal property of your family. Therefore, your actions, in my opinion, do not constitute the crime of theft. Fang Yi said.

Liu Qiaoling nodded, feeling much more steady.

"Lawyer Fang, I have seen the cases you handled, and many of them are not guilty defenses. According to you, I am not guilty of theft, if I entrust you with this case, what are the odds of winning? Liu Qiaoling groaned slightly.

"You don't have a good chance of winning this case!" Fang Yi shook his head and said.

After listening to Fang Yi's words, Liu Qiaoling was stunned, as if she had been poured a basin of cold water in the past three or nine days, her heart was cold, and the fire of hope in her heart was extinguished at once.

"For ...... Why? Didn't you just say that I wasn't guilty of theft? Why don't you have a good chance of winning? ”

She blinked twice and said secretly: I was full of hope before, and now I have destroyed my hope with my own hands, what about playing?!

Xie Youhe, who was on the side, didn't speak, and habitually picked up the disposable paper cup on the table and drank water. Although he already had a judgment in his heart, he couldn't say it, this must be said by Fang Yi, and he couldn't steal words.

"According to what you just said, although your actions do not constitute the crime of theft, they may constitute the crime of illegally disposing of seized property." Fang Yi said.

"The crime of illegally disposing of seized property? What does it mean? The police have already returned the car to me! Liu Qiaoling said with a confused face.

"After listening to my explanation, you will understand.

First, objectively, you drove away the vehicle seized by the public security organs in accordance with the law, and was later seized by the public security organs, and your actions have objectively affected the normal litigation activities of the judicial organs.

Second, subjectively, after the public security organ seized the vehicle involved in the case in accordance with the law, you went to the parking place of the public security organ and saw your car, which indicates that you already knew that the vehicle was impounded in accordance with the law.

Third, the vehicle you transferred is property seized by the public security organs in accordance with the law, which is special and meets the characteristics of the criminal object of the crime of illegally disposing of seized property.

In summary, although your conduct did not directly infringe on the ownership relationship of public or private property, it violated the normal management order of the judicial organs and constituted the crime of illegally disposing of seized property.

Do you understand? After speaking, Fang Yi looked at Liu Qiaoling.

"That'...... How many years does this crime have to be sentenced? Liu Qiaoling asked hesitantly.

"The crime of unlawful disposal of seized property is punishable by less severe punishment than theft, and is generally punishable by imprisonment of up to three years, criminal detention or a fine.

If it is a crime of theft, according to article 1 of the Supreme People's Court and Supreme People's Procuratorate's "Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft", theft of public or private property with a value of 30,000 yuan to 100,000 yuan or more shall be respectively found to be a "huge amount" as provided for in article 264 of the Criminal Law.

According to article 264 of the Criminal Law, where the amount involved is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

One is less than three years and may be sentenced to probation, and the other is three to ten years in prison, which is the most substantial difference. Fang Yi said.

"Is it possible that the court will not recognize the theft and acquit me?" There was a trace of luck in Liu Qiaoling's heart.

"This is very unlikely, and even if the court does not recognize the charges prosecuted by the procuratorate, it will pronounce the verdict according to the charges they have found, so the chances of finding an acquittal are not very high. Of course, after the verdict, it is not excluded that the procuratorate will not be satisfied with the verdict and file a protest with the court. Fang Yi said.

Liu Qiaoling didn't speak again, she has been weighing the pros and cons, a lawyer had previously mentioned to her the crime of illegal disposal and seizure of property, but the lawyer believed that her behavior was a combination of theft and illegal disposal of seized property, that is to say, the same crime has committed two crimes, and one of the felonies should be dealt with as theft. After listening to Fang Yi's explanation today, she felt that she should give it a try.

(End of chapter)