Chapters 254, 255 (combined) Messy in the wind on the terrace

Maybe it's a little annoying to look at the materials, or maybe it's a cigarette addict, Xie Youhe took off his reading glasses, stretched his waist, and then looked at Fang Yi: "Let's go, smoke one?" ”

Looking at Xie Youhe's expression, Fang Yi knew that he must have something to say, so he followed him to the terrace.

"Lawyer Li's communication skills are too poor, so I assigned him a case, but he communicated with the client for a long time, and he couldn't understand it, so the client complained to me.

The client said that Mr. Li's mouth was full of French and French, and his major was really professional, but there was not a word he could understand, and he couldn't understand it after asking a question for a long time, so he would only read from the script, and it was too difficult to communicate. Later, I talked to Mr. Li about this, and he told me that he could only handle cases and was not good at communicating with clients.

Lawyers rely on communication to handle cases, communicate with judges, communicate with clients, which is less communication, if even communication is a problem, what should I do about the case? The parties are not even, what kind of money can they make!

I don't ask him to talk to people, talk nonsense, and of course he doesn't have that ability. But at the very least, I should be able to convert French into a language that the other party can understand. Not every client is a law school graduate, and they can't understand the laws that chew the words......" Xie Youhe took a deep puff of his cigarette and then complained.

Belch...... Fang Yi was a little surprised, he finally recruited a lawyer, and the conditions were very good in all aspects, but the problem was communication.

"Lao Xie, I will give you a suggestion, I will recruit lawyers in the future, and find those who have practice experience and must have cases. Academic qualifications are not the most important thing.

This kind of person has already been screened, and there should be no major problems in all aspects of ability. When you come, you can work, and you can share some of the workload for the two of us. Fang Yi smoked his cigarette and thought for a while.

"Well, I think so too, lawyers are done, not learned, and they are a proper and highly practical profession, just like doctors, and I know that.

I didn't want to recruit a younger person and make it convenient for business trips, but who knew it would be like this. Boss Gu gave us two places in the litigation team this time, choose one of the two, even if one of them drops the chain at that time, we are not afraid. Xie Youhe nodded.

"Alright, don't think about it so much. Let's continue to recruit people, or we will have to lie down sooner or later. Fang Yi half-jokingly.

"Hey! That's all there is to it. By the way, how did you feel about following Sima Jun to the client company in the morning? Xie Youhe asked suddenly.

"If the customer has a small situation, a labor dispute, I went to the door to answer the legal consultation, and it is not a big deal." Fang Yi said.

"I'm not asking you this, I'm talking about Sima Jun, she's not embarrassed!" Xie You asked in a low voice with a thief's eyebrows.

"No! What's wrong? Fang Yi was confused and didn't know what Lao Xie meant.

Since the last time he followed Sima Jun to a customer company, Sima Jun often asked Fang Yi to follow him to the door, and Fang Yi was about to become her follower.

"Well, okay! Before, only Boss Gu was willing to communicate with her in our team, but now there is another you, thank God, it's not easy! Xie Youhe said.

"Lao Xie, I don't know whether to ask or not to ask something." Xie Youhe's words made Fang Yi feel a little strange, so he said.

"What's the matter? You said. Xie Youhe looked at Fang Yi with a cigarette.

"Why don't you all want to talk to Lawyer Sima? Just because she's moody? Fang Yi asked.

"Well, how to say it, sometimes lawyers cooperate to look at their aura, and if the aura of two lawyers is not in harmony, it will feel very awkward to cooperate.

Let me tell you this, it's not that I don't want to communicate with her, it's that my aura is not harmonious, I really can't communicate with her, and I always feel very awkward when I go to meet customers with her. Especially on the way to and fro, sitting in the car and neither of them spoke, as if they were in prison, and they felt very depressed.

Now that you're here, the problems are all solved. Xie Youhe thought about it and said with a smile.

Fang Yi understood it, and sacrificed me for a happy moment, all of you, completely speechless!

After a while, Fang Yi wanted to persuade Xie Youhe, lest he really be regarded as a follower by Sima Jun, so he said: "Lawyer Xie, Sima Yi once said: Look at the shortcomings of people, there is no one in the world to make friends. Look at the length of people, everything in the world is my teacher.

Although there are many things that lawyer Sima Jun is not ...... Perfect, but she has strong professional ability, this is her strength, you can't always stare at her shortcomings, she still has merit, you can know it if you have more contact with her. ”

After Xie Youhe listened, he stared at Fang Yi and couldn't help but look up and down, and Fang Yi, who was looking at it, felt furious in his heart: "Xiao Fang, you are still knowledgeable, whether that is Sima Yi said or not, I don't know, but I definitely don't believe it." ”

"Why?" Fang Yi looked at Xie Youhe stupidly and asked.

"Because both of them have the surname 'Sima' and are a family, of course their own people are towards their own people, and what they say is not credible!" Xie Youhe is a serious way.

Fang Yi stared, speechless, he was thundered by Xie Youhe's bullshit theory! Then messy in the wind on the terrace.

After a while, Xie Youhe smiled: "I'm kidding you, I only believe: things gather by like, and people by groups." It's not the same kind of person, you can't go together, and you can't become friends. A colleague is just a colleague after all! ”

A week later, Ms. Liu's case went to trial.

Opposite Fang Yi sat two prosecutors, a man and a woman, who were making preparations for the trial with a serious face.

It may be that Liu Qiaoling's case is relatively simple, and the court did not form a collegial panel, but was heard by a male judge (judge) in his 40s.

……

"Now for the court investigation, ask the prosecutor to read the indictment." The male judge said with a serious face.

"Defendant Liu Qiaoling, female, Han ethnicity, high Chinese, living in ....... He was criminally detained on 23 May 2014 on suspicion of theft and released on bail on 20 June 2014.

The investigation of this case was concluded by the county public security bureau, and the defendant Liu Qiaoling was transferred to this court for review and prosecution on June 5, 2014 on suspicion of theft. After accepting the case, this court informed the defendant the next day of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

On 12 April 2014, the defendant's husband, Pan Bao, was arrested by public security officers for selling DP, and the stolen vehicle in this case, the Toyota Ruizhi sedan, was seized in connection with the case.

At about 9 o'clock on May 22, 2014, Liu Qiaoling came to the backyard of the Public Security Bureau and, without going through any formalities for returning the vehicle involved in the case, used another key of the Toyota Ruizhi sedan to drive away the red Toyota Ruizhi sedan that was impounded in the carport of the vehicle involved in the case. He was later arrested by public security officers.

The evidence for the above facts is as follows:

1. Seizure decision, seizure list, explanation of the situation, household registration materials, certificate of no criminal record, etc.;

2. Defendant Liu Qiaoling's confession and defense;

3. On-site inspection (inquest) records;

4. Internal surveillance video of the Public Security Bureau;

5. How to bring it to justice.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful. Defendant Liu Qiaoling had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.

This court finds that defendant Liu Qiaoling's conduct has violated the provisions of Article 264 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and she should be pursued for criminal responsibility for the crime of theft.

In view of the defendant Liu Qiaoling's truthful confession and admission of guilt and acceptance of punishment, it is recommended that Liu Qiaoling be sentenced to three years and six months imprisonment. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

The indictment is read! The male prosecutor said.

Fang Yi understands that the so-called "admitting guilt and accepting punishment" is just Liu Qiaoling's delaying tactic, and if she really admits it, she will not spend money on a lawyer anymore.

"Defendant, did you hear clearly the indictment read out by the prosecutor just now?" The male judge asked.

"Hear me." Liu Qiaoling, who was sitting in the defendant's seat, replied.

"Do you accept the charges against the prosecutor? Do you dispute the facts of the crime charged against you in the indictment? What's the objection? The male judge was routine.

"I have no objection to the facts of the crime, but I do not accept the charges charged by the prosecutor. The public security department has determined that the car is the legal property of my family, and the Toyota has been returned to me. My actions are not theft. Liu Qiaoling said confidently.

What? Don't admit it! That's not what I said when I asked you at the beginning, the two prosecutors looked at the defendant Liu Qiaoling with a black line, eldest sister, do you know how much workload this will add to us, you think the sentence is short, right, say it earlier! How about we change it to a 10-year prison sentence for you!

I thought it was a procedure, and then I went back to eat a hot pot and sing a song to start the next case, but I encountered problems at the beginning of the trial, and the two prosecutors felt comfortable.

The male judge's expression was as usual, probably because he was used to it: "The prosecutor can interrogate the defendant about the facts of the crime charged in the indictment. ”

"Defendant Liu Qiaoling, now that we are questioning you, you have to answer truthfully, and you must not hide it, understand?" The male prosecutor's tone was clearly not very friendly. Friendliness is weird!

"Understood, I will answer truthfully." Liu Qiaoling lowered her head and didn't dare to look at the prosecutor. She knew that the other party's face must be ugly.

"When you went to the backyard of the public security organ to drive away the Toyota, did you know that the car had been impounded and belonged to the vehicle involved in the case?" The male prosecutor asked in a serious tone.

"Yes. But ......" Liu Qiaoling wanted to argue a few sentences, but was ruthlessly interrupted by the prosecutor.

"I ask you anything, you just have to answer yes or no, know or don't know, no need to justify. Do you understand? The male prosecutor was dissatisfied.

He didn't want to give Liu Qiaoling any room to play freely, lest things get out of control again.

"Understood!" Liu Qiaoling didn't want to touch her head, so she hurriedly said.

"When you drove away from the Toyota, did you inform the public security organs, and did you have any relevant approval procedures?" The male prosecutor said.

"The police were not notified, and there were no approval procedures." Liu Qiaoling said.

"The materials submitted by the public security department show that you were arrested at the bank, what are you driving to the bank for?" The male prosecutor asked.

"I owe a bank loan and want to use my car to pay off my debt." Liu Qiaoling said.

"I'm done!" The male prosecutor looked at the judge.

"Does the defendant's advocate need to ask questions of the defendant?" The male judge asked calmly.

"Questions." Fang Yi said.

"Now the defender asks questions." The male judge said.

"Defendant Liu Qiaoling, for what purpose did you steal the vehicle involved in the case?" Fang Yi asked.

The reason why he asked this is very simple, he wants Liu Qiaoling to say all the things that he didn't say just now, there is no love for no reason in this world, and there is no theft for no reason, whether it is robbing the rich and helping the poor or being full of evil, there should be an inducement.

"That Toyota car was bought by my family bank loan last year, and I wanted to work hard for a year to earn some money to repay the car loan, but who knew that my husband was arrested for selling D, and the loan could not be repaid, there was no way, I wanted to use the car to pay off the debt and give the Toyota car to the bank." Liu Qiaoling said.

"In other words, the Toyota you drove away in this case is mortgaged, right?" Fang Yi asked.

"Yes, the mortgage was registered at the DMV. The public security organs have investigated this matter. Liu Qiaoling said.

"Is Toyota still in the public security organs?" Fang Yi asked.

"No, the police have already returned the car to me. Go through the normal formalities. Liu Qiaoling said.

"Then why didn't you apply to the police to return the vehicle at that time? Instead, take extreme measures to drive away the Toyota? Fang Yi asked.

"At that time, the bank was urging me to sue me, but I really had no choice, so I did something stupid in a hurry." Liu Qiaoling said.

"Inquisitor, I'm done!" Fang Yi said.

"Now the prosecutor will present the evidence." The male judge said.

"The first piece of evidence is a set of evidence, including the seizure decision, the seizure list, the description of the situation, the household registration information, the certificate of no criminal record, etc., to prove that the stolen vehicle belongs to the vehicle involved in the case, and that the vehicle was seized by the public security organ in accordance with the law at the time of the theft, and the defendant has no criminal record." The male prosecutor said.

"What objections does the defendant have to the evidence?" The male judge asked.

"No objections!" Liu Qiaoling said.

"What does the defendant's defender have to say about the evidence?" The male judge looked at Fang Yi.

"Approved, no opinion." Fang Yi said.

"The prosecutor presented a second piece of evidence." The male judge said.

"The second piece of evidence, the defendant Liu Qiaoling's confession and defense, proves that he stole the vehicle involved in the case and went to the bank to pay off the debt." The male prosecutor said.

"What objections does the defendant have to the evidence?" The male judge asked.

"No objections!" Liu Qiaoling said.

"What does the defendant's defender have to say about the evidence?" The male judge looked at Fang Yi.

"There is no opinion on the second piece of evidence." Fang Yi said.

……

The evidence presented by the prosecutor was one evidence and one quality, and Liu Qiaoling and Fang Yi both agreed with the facts of the case, and there was nothing to say. The issue in this case is the determination of the crime.

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

I will now turn to the Prosecutor. The male judge said.

(End of chapter)