The next day, Yun Zhenxing came to Wanhua United Law Firm, and after listening to Fang Yi's analysis, he also hesitated.

"Lawyer Fang, according to what you mean, is there little hope for the second trial of my son's case?" Yun Zhenxing asked, his eyes full of anxiety.

"It can't be said that there is no hope at all, for some controversial laws, local courts have different understandings, and the results of adjudication are not the same, what I just said is just speculation, and the worst result is the worst." Fang Yi said.

"How sure are you?" Yun Zhenxing asked after a moment of silence.

If the second-instance court's understanding of the crime of misappropriation of funds is consistent with mine, or if I convince the collegial judge of the second-instance court, the second-instance trial will definitely change the sentence, and Yunqi's sentence will definitely be less than three years.

Now that he has been in custody for more than four months, and with the time of the trial and the issuance of the verdict, I am ready to recommend that the court sentence him to six months in prison. If it succeeds, it won't be long before Yunqi can come out. Fang Yi said.

"Well, if this case is entrusted to you, the lawyer's fee ......" Yun Zhenxing is not an indecisive person, and after pondering for a while, he made a decision, take a gamble!

"The lawyer's fee is 50,000 yuan, you have already given 10,000 yuan before, and you can pay 40,000 yuan. In addition, travel expenses need to be calculated separately, which can be covered or reimbursed. Fang Yi said.

"Okay, I agree. Travel expenses are covered, you run around is also very hard, I will give you 3,000 yuan for travel expenses. If my son's sentence can be reduced, I will give you another big red envelope, and I will definitely not let you suffer. "Cloud revitalization is a decisive railway.

Zhou Ying's efficiency is still very high, and after signing the entrustment procedures and paying the lawyer's fees half an hour later, Yun Zhenxing left the law firm.

Yun Qi's case will soon go to trial, before the trial, Fang Yi went to the detention center to meet Yun Qi again, and told him his defense plan, since he has filed an appeal and the lawyer's fee has been paid, he can only follow Fang Yi's rhythm and gamble!

On the day of the trial, Fang Yi took advantage of the presiding judge's steps to follow the previous procedures, moved his eyes and swept over the auditorium, and saw Yun Zhenxing, there were more than a dozen people sitting next to him, all of them craned their necks and listened with their ears bent, looking like relatives and friends of the Yun family.

When the judge of the collegial panel finished reading out the first-instance verdict and the appellant Yunqi finished reading the appeal petition, the presiding judge said: "Please ask the appellant's defense lawyer to present the reasons for the appeal." ”

"Presiding Judge and Adjudicator: The defender believes that in this case, in response to the appellant Yunqi's misappropriation of 150,000 yuan of funds and failure to return it, the court of first instance held that "the amount is relatively large and not returned" is an aggravating circumstance, and that the second criminal file for the crime of misappropriation of funds, that is, the choice of sentencing between three and ten years, is a misreading of the standard for the amount of the crime of misappropriation of funds.

The defender believes that the amount of funds embezzled by the appellant Yunqi is relatively small and does not meet the conditions for applying the second criminal file, and the first criminal block should be applied, that is, he should be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The court is requested to change the judgment in accordance with the law. Complete! Fang Yi said.

"Appellant Yunqi, do you have any objections to the facts and charges found in the first-instance verdict?" The presiding judge asked.

"I have no objection to the facts and charges found in the first instance, but I have objections to the sentencing, and I feel that the sentence imposed by the court of first instance was too heavy." Yun Qi Dao.

"Next, the prosecutor will question the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.

Yun Qi did not have any objection to the facts ascertained in the first instance, and the reason why the presiding judge asked the procurator to ask questions was to follow the procedure, procedural justice is the justice of the litigation process, and substantive justice is the justice of the litigation result, both of which are indispensable.

The male prosecutor led by the chief procurator held the evidence materials submitted by the county procurator at the first trial, and asked questions about the facts of the case.

When it was Fang Yi's turn to ask questions, it was simpler, picking up questions that were favorable to Appellant Yunqi, asking two, and then ending the questioning. The focus of the dispute in the case is no longer on the facts, but on the application of the law, so Fang Yi does not want to waste time in fact.

"Let's present evidence and cross-examine the evidence. Are there any new evidence to be submitted by the prosecution and the appellant? The presiding judge asked.

"No new evidence!" Tripartite.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

First, the appellant Yun Qi defended himself. The presiding judge said.

"I agree with the facts and charges found by the court of first instance, but I think that the court of first instance sentenced me to three years in prison is ......too heavy, and finally I implore the court to change the verdict of the court of first instance." Yun Qi said in a rambling voice.

"Appellant Yunqi's defender made a statement." The presiding judge said with a calm face.

"Okay, Presiding Judge."

After speaking, Fang Yi pondered, and then said: "The defender believes that 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 amount standard for the crime of misappropriation of funds for "profit-making activities with a relatively large amount" is more than 100,000 yuan and less than 2 million yuan.

According to Article 6 of the above-mentioned interpretation, if the amount of embezzled public funds is not returned, and the amount is between 1 million and 2 million yuan, it is a "serious circumstance", that is, the statutory sentence of "misappropriation of public funds is not returned" (between 3 and 10 years imprisonment) is increased to 1 million yuan.

The crime of misappropriation of public funds is a felony compared with the crime of misappropriation of funds, and according to the provisions of the above interpretation, the standard for the statutory sentence for a felony is 1 million yuan, but the standard for the increase of the statutory sentence for the crime of misappropriation of funds, which is a misdemeanor, is only 100,000 yuan.

In accordance with the legislative intent of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery", and with reference to the amount standard for the crime of embezzlement of public funds, the amount standard for "non-refundable if the amount is relatively large" in the crime of misappropriation of funds should be more than 2 million yuan.

In this case, the appellant Yunqi embezzled a total of 150,000 yuan of the village committee's funds, which did not meet the standard of "a relatively large amount of funds shall not be returned" in the crime of misappropriation of funds, and only met the standard of "a relatively large amount of profit-making activities", so the appellant Yunqi's misappropriation of funds should be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The court of first instance imposed a three-year fixed-term imprisonment on appellant Yunqi for misappropriation of funds, which was an error in the application of law and an improper sentence, and requested the court to change the sentence in accordance with law. The defence recommended that the appellant be sentenced to six months' imprisonment. Complete. Fang Yi said.

(End of chapter)