Chapter 335: Young Adults Are Hormonally Strong
"What if! I mean, if Mr. Yun fights a divorce lawsuit, you must recommend me, I will give you a commission, let's five or five points! Four or six can also be discussed. Lawyer Ma said with a lot of care.
Fang Yi looked at him and smiled: "I guess you don't have a chance!" With that, he walked upstairs.
"No chance? Is it that I don't have a chance, or ...... Already a lawyer has taken the lead? Lawyer Ma stood there and pondered.
In the conference room, opposite Fang Yi sat Mr. Yun and a man in his fifties. The man looks very imposing, with a big square face, a wide forehead, a pair of big eyes, and the clothes he wears are not cheap at first glance.
"Lawyer Fang, this is Mr. Yang, who is always the vice president of our Tea Association, and he is very famous in the industry." Yunmei introduced.
"Hello, Mr. Yang. I'm Fang Yi. Fang Yi got up and shook hands with Mr. Yang, and then returned to his seat.
"This time, I brought Mr. Yang over, mainly because of Mr. Yang's son-in-law, who has had a little trouble recently. Let Mr. Yang tell you. Yunmei said.
"Hey! In fact, Mr. Yun also knows about this, and many friends in the circle know about it, and I don't need to hide it, my son Yang Xu was arrested by the police for rape.
Mr. Yun told me that you are very professional, and you handled many things in her company before, so I came here today to hear your professional opinions. Mr. Yang said.
"Can you tell us more about that?" Fang Yi said.
"That's right, my son likes to go to bars, and some time ago in a bar in the city, my son met a girl, and the two had a good conversation.
Later, both of them drank a little too much, and the girl accepted my son's invitation to go to a hotel not far away, and the young man was hormonal and impulsive...... It is also understandable that after entering the room, my son wanted to make love to the other party, but the other party did not agree, and then my son did not force her further.
But who knows, after the girl left, she called the police and told the police that my son was going to rape her. As a result, my son was taken away by the police that night. That's all I know. Mr. Yang said.
"How do you know this?" Fang Yi looked at Mr. Yang suspiciously.
"I asked a lawyer to meet with me before, and the lawyer told me." Mr. Yang said.
"Has the lawyer applied for your son's bail pending trial?" Fang Yi asked.
"I applied, but the public security department did not approve it. Later, he applied to the procuratorate for bail, but it was not approved. Now that the case has reached the court, I heard that it has just been transferred. Mr. Yang said.
"Well, because you have limited information to provide, there may be information asymmetry here. So I can only make predictions based on the information you provide, which may not be accurate. Fang Yi said.
"Well, I understand. Here's my question. Mr. Yang said.
"According to what you just said, the girl should have volunteered to go with your son at the bar, and the problem is that after entering the hotel room, there are two possible scenarios.
In the first case, your son wants to make love to the girl, but the other party refuses, and your son immediately stops without any further behavior, which is generally not enough to be a crime.
In the second case, the girl refuses to make love, your son is strong, the girl is bullied, but then your son stops the act, in this case your son constitutes rape, but it is an attempted rape or abort. Fang Yi thought for a while.
"Is there a difference between attempted rape and aborted rape?" Mr. Yang asked.
"An attempt to commit a crime is one in which the commission of a crime has been set out and has not been succeeded for reasons other than the will of the offender. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.
Suspension of crime refers to the voluntary abandonment of the crime by the criminal or the automatic and effective prevention of the outcome of the crime in the course of the crime.
To put it simply, it is to look at the reasons why criminals fail to succeed, and if it is caused by external reasons, it is an attempt, and the blunt point is: criminals want to do it, but they can't do it because of objective reasons. For example, someone suddenly came and scared the criminals away.
If the criminal himself does not want to, that is, he can do it but not do it, for example, the criminal himself voluntarily gives up the crime, which means that the crime is suspended. Fang Yi explained.
Mr. Yang nodded: "Oh! I get the idea. Is there a difference between these two in terms of sentencing? ”
He still knows very well what kind of virtue his son is, and he has entered the room, can he do nothing? Is it possible?
"There must be a difference, according to the provisions of articles 23 and 24 of the Criminal Law, for attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenders. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted. Fang Yi said.
"In other words, if my son didn't cause damage to the girl, he could be exempted from punishment and not have to be sentenced, right?" Mr. Yang pondered whether he should talk to the victim about it.
"In principle, yes, but it depends on the situation. The law cannot be copied. Fang Yi said.
Mr. Yang had a boil in his heart, he was already ready to hire the lawyer before, but this time he just wanted to consult, but after listening to Fang Yi, what he thought in his heart changed. Previously, the lawyer judged that Mr. Yang's son constituted an attempted rape, but now, according to Fang Yi's statement, his son may constitute the suspension of the crime of rape, and it is obvious that the punishment for the suspension of the crime is lighter than that of the attempted crime.
"Lawyer Fang, I would like to entrust you to meet with my son, and then read the case file, and finally judge whether my son will constitute a criminal suspension." Mr. Yang thought for a while.
"Yes. However, if it is just a meeting, you are introduced by Mr. Yun, and the lawyer's fee is 3,000 yuan, but if you still need me to read the file, the cost will be relatively high, and it will cost 20,000 yuan.
Of course, if you end up entrusting me to defend your son, this fee will count towards the lawyer's fees. Fang Yi said.
If it was just a meeting, Fang Yi's workload would be much less, and the cost would naturally be cheaper. However, if you need to read the case file and then issue an analysis report, the workload will be several times higher, and of course, the accuracy of the lawyer's analysis of the case will be much higher. Even the parties can directly find a small lawyer from the side of the road and appear in court to defend themselves with the analysis report. In this way, the lawyer's fee will naturally be much higher.
"Well, money is not an issue. Can you sign an agreement today? Meetings and marking of the case file are required. Mr. Yang said.
"Okay, I'll ask the assistant to prepare the documents right away. Wait a minute, both of you. Fang Yi said.
"I would like to ask again, if this case is entrusted to you, how much will the lawyer's fee cost?" Mr. Yang asked.
"You are a friend of Mr. Yun, I will give you a discount, if you entrust me to defend, the full cost is 30,000 yuan. If there is a second trial, add another 20,000. Fang Yi said.
Originally, he wanted 50,000, but with Mr. Yun present, he didn't know what the relationship between Mr. Yun and the other party was, in case it was too much, Mr. Yun felt unhappy in his heart, and maybe Mr. Yun's line would be broken in the future. But fortunately, Mr. Yang's son's case is not complicated, and the lawyer's fee of 30,000 yuan can be done.
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(End of chapter)