After compensating his wife and breaking the army, Yun Qi and his family were naturally dissatisfied, so they had the idea of appealing, Yun Qi thought very simply, he admitted to the embezzlement of public funds, returned the embezzled funds, and fined and confiscated dividends, he had nothing to say, but the court of first instance sentenced him to three years in prison, he felt that it was too heavy.

"I understand now, the gang of people in our village committee is a group of white-eyed wolves, how good I was to them at the beginning, these guys don't think about how to repay me, they actually think about killing me all day long and replacing me.

There is also that accountant who has no conscience, he is my own family, if I hadn't promoted him, let him study finance on the job, and get an accounting certificate, he would be a stinky driver at most now.

All right! Taking advantage of the opportunity of the general election, he actually stabbed me in the back and sent me in. It's not a good thing. Yun Qi scolded angrily.

At this moment, a young policeman walked over, and Yun Qi hurriedly nodded: "I know, you must be quiet." Rest assured! ”

The little policeman warned him a few words and left.

"Who is the secretary in the village now?" Fang Yi asked.

"Who else could it be, my own family, that stinky and shameless accountant!" Yun Qi exhaled. Now he can only squat here and sulk, and nothing else can be done.

Fang Yi understands, this is infighting!

"Lawyer Fang, do you say that in my case, can the sentence be commuted in the second instance?" Yun Qi asked.

"It's hard to say, I have to go to the Intermediate Court in the afternoon to read the file, and I can only make a judgment after reading the case file. In addition, it depends on whether the procuratorate will raise a protest, and if the procuratorate protests, it will be even more difficult to say the outcome of your case. Fang Yi said.

"Well, I met the lawyer before, and it was a lawyer from our local county, and he said that there was little hope that my sentence would be commuted in the second instance of this case...... Then you're in for trouble! Yun Qi looked at Fang Yi and hesitated.

After Fang Yi left the detention center, he felt that it was right to drive over by himself this time, if he came by train, it would be more laborious, inconvenient, and it would take longer.

At noon, Yun Zhenxing invited Fang Yi to dinner and learned about his son Yun Qi's situation inside. Because he was going to the Intermediate Court to read the papers in the afternoon, Fang Yi didn't dare to drink at noon. After eating, after resting for a while, Yun Zhenxing drove in front to lead the way, and Fang Yi drove in the back, going straight to the middle courtyard.

After going to the Intermediate Court to read the papers in the afternoon, Yun Zhenxing wanted Fang Yi to stay overnight and invite him to a banquet in the evening, but Fang Yi saw that it was still early, so he politely refused Yun Zhenxing and drove back that day.

In the next two days, Fang Yi did not go to the law firm, and stayed at home to analyze the case according to the case file materials and the information learned from the meeting. I read the case file more than three times, my hair was like a chicken coop, the ashtray on the table in the room was full of cigarette butts, and the room smelled of smoke.

Fang Yi found that the facts Yunqi said were completely consistent with the evidence provided by the procuratorate and the charges charged, but in the end, the effort paid off, and Fang Yi figured out the controversial points of the case.

There is no problem with the facts of the case, but the problem lies in the understanding of the court of first instance and the procuratorate of the "relatively large amount" in the "relatively large amount shall not be returned" as stipulated in the relevant law on the crime of misappropriation of funds.

Article 271 of the Criminal Law (2015 Revised Edition) stipulates that if a staff member of a company, enterprise or other unit takes advantage of his position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

The crime of misappropriation of funds provided for in the above-mentioned law is divided into two criminal blocks, the first of which is a sentence of up to three years imprisonment or short-term detention; The second penalty is imprisonment for not less than three years but not more than ten years.

Generally speaking, according to the requirement of uniformity of terminology in criminal law, the same term in the same article should generally be interpreted in the same way.

In this way, the court of first instance found that in the second criminal file, the "relatively large amount" in the "relatively large amount shall not be refunded" as a condition for the statutory sentence upgrade should be consistent with the "relatively large amount" in the first criminal file.

Fang Yi presumed that it was precisely this view that the court of first instance held and therefore determined that the "relatively large amount" in the two criminal files for the crime of misappropriation of funds should be the same.

According to Articles 6 and 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Corruption and Bribery, the "relatively large amount" is more than 100,000 yuan.

The amount of funds embezzled by Yun Qi was 150,000 yuan, which had not been returned until the incident, so the court of first instance applied the sentence in the second criminal file and finally sentenced Yun Qi to three years in prison.

This is good news and bad news.

The good news is that after unremitting efforts, Fang Yi finally found the key point of the case, and if this key point is broken, Yun Qi's case will be commuted, and the sentence will most likely be shortened.

The bad news is that in legal practice, courts in the same region, especially between the basic courts and the corresponding intermediate courts, generally have the same or similar attitude towards the same legal issue.

At present, the sentencing attitude of the court of first instance is very likely to represent the attitude of the local court. If this is the case, there is basically no hope of changing the verdict in the second instance of this case.

Fang Yi's brows slowly furrowed, and suddenly there was a burning pain in the index and middle fingers of his right hand, he hurriedly shook his hand, and the red plum cigarette that had burned to the fart was thrown to the ground.

Fang Yi got up, stepped on the cigarette butt with his toes, sighed, and could only gamble. Of course, it depends on whether the parties are willing or not.

In Fang Yi's view, the provisions of Article 271 of the Criminal Law (2015 Edition) belong to the problem of lax language expression in the process of formulating the Criminal Law (such an important law really should not be), all laws are formulated by people, limited to the language ability of the formulator (it is estimated that it is taught by foreign language teachers), it is inevitable that there will be some major or small language expression problems, but these problems have brought many problems to judicial practice, and the Supreme People's Court and the Supreme People's Procuratorate can only make up for the past patch after patch.

(The Criminal Law (2020 revision) amends the sentencing of the crime of misappropriation of funds to read: Where a staff member of a company, enterprise, or other unit takes advantage of his position to misappropriate the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, they are to be sentenced to up to three years imprisonment or short-term detention; where the amount of funds embezzled from the unit is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment.

After this amendment, it effectively avoids the problem of inconsistent understanding of local courts in this case with regard to "relatively large amounts", which is conducive to unifying the standard of adjudication, but the legal provisions on the crime of misappropriation of funds have not yet been amended at the time of this case)

(End of chapter)