Chapter 358: Personal Crime VS Corporate Crime

"I said, you can't be realistic, don't talk about making ends meet all day long, and I won't borrow money from you. If you make ends meet, we are struggling to get off the poverty line. Li Bin said with a smile.

"Brother Li, look at what you said, you have support behind you, we all have to rely on ourselves, it's different. If you have food today, whether you can get the case tomorrow is only known to God, to be honest, it's almost the same as asking for food! Fang Yi laughed at himself.

"Alright, don't be humble! Let's order first. Li Bin said and opened the menu and handed it to Fang Yi. Fang Yi was not polite, and after ordering two dishes, he gave the menu to Li Bin.

After a while, four dishes and one soup were served, Li Bin opened a bottle and poured a cup for Fang Yi: "Come, I can't see you for a few days, let's have a drink first." ”

Fang Yi could see that Li Bin had something to say, but the other party didn't mention it, and he didn't want to ask, so he picked up the wine glass and toasted.

The two ate and drank, and after half an hour, Li Bin felt that it was almost over, so he put down his chopsticks, took out a cigarette and handed it to Fang Yi, and then lit one himself: "I have something to ask you for help." ”

Fang Yi knew that the point of tonight was coming: "Brother Li, you say." ”

"I have a cousin named Zhong Lanying, who is in the toy business in the next city, and her company received an order in November last year, and then she began to negotiate with the material supplier and the processor for processing.

Everything went well, and the processed goods were sold, but after recovering the money, she didn't give money to the material supplier and the processing party, and she didn't give money when she saw that the Spring Festival was coming, and she didn't give money, and she found a lawyer to send several lawyer's letters to her company.

Later, people called the police to say that she had committed contract fraud, and then the police filed a case, and the case was transferred to the prosecutor, and now it is said that the case has been transferred to the court.

My cousin rarely interacts with my family, and the older generation has some conflicts, so her family has never asked me for help. After the case was transferred to the court, they panicked, and the other day, my niece came to me. That's when I found out.

Although I work in the public security organ, my cousin is in the next city, and I can't reach out for the matter over there, and I can't find a reliable person to inquire about the case. Later, my niece asked me to help introduce a reliable lawyer, and I remembered you. Li Bin said with a cigarette in his right hand.

"No problem, you can just ask her to come to the law firm and come to me directly." Fang Yi said.

"Well, you can charge as much as you want for the lawyer's fees, and you don't have to look at my face. The relationship between our two families is average. Li Bin was afraid that Fang Yi would misunderstand, so he hurriedly said.

Fang Yi nodded.

A few days later, Liu Huashan, the husband of Li Bin's cousin Zhong Lanying, walked into the conference room of Wanhua United Law Firm with his daughter Liu Shanshan.

Liu Shanshan is in her twenties, slightly chubby, with a round face, looking very much like her father.

Her father, Liu Huashan, has a big round face, thick lips, a pair of big bell eyes, a simple face, a middle-aged body is very fat, and the fat is piled up above the waistband of his trousers, as if he has a bicycle tire.

“…… Lawyer Fang, I don't know too much about the specific situation, the lawyer I asked to meet my mother before, and the situation asked is not too detailed, I only know so much. Liu Shanshan frowned and said.

Liu Shanshan gave no more information than Li Bin, and Fang Yi couldn't make a judgment for the time being.

"What did your mother do with her money? How much is it? Fang Yi asked.

"Last time, the lawyer said that my mother had transferred all the money to her personal account. There are more than 900,000 in total. Liu Shanshan said.

"Did the funds be spent, or were they just hidden in your mother's bank account?" Fang Yi asked.

"I don't know." Liu Shanshan looked dazed.

"It should still be in the bank account, not spent. Our family has not had any big consumption since November last year, and it is impossible to spend it. Her mother has always been in charge of the company's affairs, and we are not involved, so we are not particularly clear. Liu Huashan said.

"Well, whether this case constitutes a crime of contract fraud, an individual crime, or a corporate crime, I am not sure yet. Further knowledge of the case is required before a judgment can be made. Fang Yi said.

"Lawyer Fang, you just said that personal crimes and corporate crimes, if it was a corporate crime, wouldn't her mother be sentenced? Is that so? Liu Huashan was puzzled.

"No, I think you may be misunderstood. If it is a corporate crime, as the legal representative and actual controller, your lover will still bear legal responsibility. But there is a difference in sentencing.

According to the provisions of Article 224 of the Criminal Law, whoever defrauds the other party of property in the process of signing or performing a contract for the purpose of illegal possession, and the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated property. This is a crime against an individual.

Article 231 stipulates that if a unit commits the crime provided for in Article 224, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of each article of this section. This article is against corporate crimes.

According to the information you introduced, the amount involved in the case is more than 900,000 yuan, which is a particularly huge amount, and if it is an individual crime, he will be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and will also be fined or have his property confiscated. Fang Yi said.

The father and daughter who Fang Yi said gasped, the Liu family is a typical yin and yang decline, and all the family's income came from the company run by Zhong Lanying, if the court really sentenced Zhong Lanying to more than ten years, how would the family live!

"What if it's a unit crime?" Liu Huashan stared at Fang Yi and asked.

"The principle of adopting the double penalty system for unit crimes is to be adopted, and the single penalty system is an exception; Whereas, individual crimes are punished only by individuals. Under normal circumstances, the punishment for individual crimes committed by units is much lighter than that for crimes committed by natural persons. That's the big difference. Fang Yi said.

"How much lighter?" Liu Huashan asked.

"This ...... It depends on the specific circumstances of the case, and the scope of activities is relatively large, so it is difficult to generalize. Fang Yi said.

This particular question is like asking how many drops of water there are in the sea, the independent judgment is in the hands of the judge, and the range of sentences that can be imposed is so large, who knows how light the sentence will be!

"Lawyer Fang, if this case is entrusted to you, how much will it cost?" Liu Shanshan asked.

In her opinion, the middle-aged lawyer in front of her is much more professional than the young lawyer she asked to meet before, at least people can tell the truth about the problem without having to turn over the law.

And that young lawyer, except that he looks younger, handsome, and good-looking than the lawyer in front of him, seems to have no other advantages. In criminal cases, she feels that the lawyer in front of her is still reliable.

(End of chapter)