After speaking, Procurator Gao turned around and walked into the door of the procuratorate with the lawyer's opinion submitted by Fang Yi. The other party's meaning is very clear, your lawyer is not professional enough, you should go back to practice again, I don't have time to deal with you. Fang Yi stood in place, although he was angry in his heart, but he was helpless, so he had to shake his head helplessly.

There is no way, people are people in the system, and they are just lawyers who fight lawsuits for others, and their status is unequal. I can only give myself a pill of relief, wait, I will let you know in court what a lawyer is.

The next morning, when the scorching sunlight shone through the wide and bright glass into the conference room of Wanhua United Law Firm, the cold air in the conference room swooped down and fell into a stalemate.

In the conference room, Fang Yi told Peng Huayan on the other side about this trip to Lu Province.

"Lawyer Fang, what do you think of my brother's case?" Peng Huayan's eyes flashed with concern.

"Judging from the existing case files and the interviews, I believe that your brother Peng Huanan has committed a crime, but it does not constitute the crime of theft charged by the procuratorate, but may constitute the crime of embezzlement." Fang Yi said.

"Is there any difference between the two charges? I mean, the one will be heavier, and the other will be lighter?

Lawyer Fang, if my brother did commit a crime, in fact, I am more concerned about how many years my brother will be sentenced to than the crime. Peng Huayan told Fang Yi what she really thought.

"On the basis of article 264 of the Criminal Law, whoever steals public or private property, where the amount is relatively large, or who commits multiple thefts, burglaries, thefts with weapons, or pickpocketing, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

According to Article 271 on the crime of embezzlement in public office, personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years, and may also be sentenced to confiscation ......of property," Fang Yi said.

(Article 271 above is the "Criminal Law" that came into force on November 1, 2015, and the currently effective "Criminal Law" has amended Article 271 to read: Employees of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine. ）

"Lawyer Fang, what you just said confuses me, the crime of embezzlement is divided into more than five years and less than five years, and the sentence for theft is divided into three blocks, how should it be applied?" Without waiting for Fang Yi to finish speaking, Peng Huayan looked at Fang Yi in confusion.

"You'll understand after I explain it to you.

According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft" (effective April 4, 2013), Article 1: Where the value of public or private property is between 1,000 and 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be 'a relatively large amount', 'huge amount', or 'especially huge amount' as provided for in article 264 of the Criminal Law.

According to Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Handling Criminal Cases of Bribery, Embezzlement, and Misappropriation in Violation of the Company Law (Fa Fa [1995] No. 23, expired in 2013), embezzlement of a company's or enterprise's property of 5,000 yuan to 20,000 yuan or more is considered a "relatively large amount"; Where more than 100,000 yuan of company or enterprise property is embezzled, it is a "huge amount".

Although the No. 23 Interpretation was repealed in January 2013, it still has reference value in judicial practice until the new judicial interpretation is promulgated.

Your brother stole more than 53,800 yuan worth of company property, if it is sentenced according to the crime of theft, according to the local economic situation, the amount of property stolen by your brother will most likely be determined to be 'huge', and the court will sentence him to fixed-term imprisonment of not less than three years but not more than ten years, and also a fine. The judge has discretion over how many years to sentence, and the situation is not optimistic.

If the sentence is based on the crime of embezzlement, the value of the company property stolen by your brother is 'relatively large', and you shall be sentenced to imprisonment of not more than five years or criminal detention.

Comparatively speaking, for the same amount of crime, the crime of embezzlement will be much lighter than the crime of theft, and the sentence will be much shorter. Fang Yi explained.

(In March 2016, the Supreme People's Court and the Supreme People's Procuratorate adopted the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Corruption and Bribery, which came into force on 18 April 2016.

Article 1 of the Interpretation stipulates that where the amount of corruption or bribes is between 30,000 and 200,000 RMB, it shall be found to be a "relatively large amount" as provided for in the first paragraph of Article 383 of the Criminal Law, and a sentence of up to three years imprisonment or short-term detention shall be imposed in accordance with law, and a concurrent fine.

Article 11 of the Interpretation stipulates that the starting point for the "relatively large amount" and "huge amount" in the crime of accepting bribes by non-state functionaries as provided for in Article 163 of the Criminal Law and the crime of embezzlement in public office as provided for in Article 271 of the Criminal Law shall be implemented in accordance with the two and five times the amount standards for the crimes of accepting bribes and embezzlement as provided for in this Interpretation.

The judicial interpretation reconfirms the sentencing amount for the crime of embezzlement)

Peng Huayan is not only beautiful, but also very good-witted, on the one hand, the amount is huge, and he is sentenced to three to ten years in prison, and on the other hand, the amount is relatively large, and he is sentenced to up to five years in prison. She already understood what Fang Yi meant.

"Lawyer Fang, how sure are you about my brother's case?" Peng Huayan asked.

"Fifty percent!" Fang Yi said. He didn't dare to talk too much, anything could happen during the trial.

"Well, I'll leave my brother's case to you." Peng Huayan said.

Seeing off Peng Huayan, Fang Yi went downstairs and returned to his workstation. At this moment, Qian Wen ran over.

"Lawyer Fang, I have contacted Xiao Wang's daughter, but the other party is unwilling to see Xiao Wang. said that he would never forgive him for the rest of his life. Qian Wen frowned.

"Hey! She just can't see her now, the case has not yet been decided, she can only see the lawyer, and her family can't see anyone. In this way, Ling told his daughter that Xiao Wang was very likely to be sentenced to death, and let her decide whether to see her father for the last time. Ask her for an address, and when the verdict comes down, you mail it to her. Fang Yi said.

(End of chapter)