Later, after searching for villagers with criminal records and bad deeds in several nearby villages, the police found that Gao Qiang was the most suspicious, although he had not been dealt with by the public security organs, but he was "famous" far and near, and he had already stinked all over the streets.

The police summoned him back for questioning, and when they saw that he looked different, they conducted a DNA comparison, and finally arrested him for rape, and later found the little widow's gold ring in his home, which was determined to be worth 1,200 yuan.

"Gao Qiang, do you know what charges the procuratorate charges you?" Fang Yi asked.

"I know, some time ago, the people from the prosecutor's office told me that rape and robbery are crimes." Gao Qiang said with his head down.

"Do you have any objection to this charge?" Fang Yi asked.

"Nope. Lawyer Fang, will I be sentenced to death? Gao Qiang's eyes flashed with fear.

"According to Article 236 of the Criminal Law, whoever rapes a woman or commits adultery with an underage girl, resulting in the death of the victim, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death...... and the final outcome of your case may not be optimistic.

Tomorrow I will go to the court to read the case file, and after reading the case file, I will draw up a defense plan. Fang Yi said.

Fang Yi knew very well in his heart that Gao Qiang's case did not have any mitigating circumstances, and he could not get the forgiveness of the defendant's family, so there was a high probability that he would be sentenced to death, but it was too early to draw conclusions.

After leaving the detention center, Fang Yi was on his way back to the law firm when he received a call from Li Bin, the case of Shengfeng Group was now in the hands of Cao Xiaoxue of the procuratorate, and Li Bin asked him to find Cao Xiaoxue to talk about the recovery of stolen goods.

After hanging up the phone, Fang Yi flipped out Cao Xiaoxue's phone, dialed it, and after a few beeps, Cao Xiaoxue connected the phone, and after clarifying the intention, Cao Xiaoxue asked Fang Yi to go to the procuratorate at three o'clock in the afternoon to communicate with her.

When he returned to the law firm, he was just in time for Xie Youhe to go out to eat, so he took Fang Yi to the fast food restaurant he frequented.

"How about a meeting in the morning?" After ordering the meal, Xie Youhe looked at Fang Yidao opposite.

"I guess it's enough, I'll go to the court tomorrow to read the file." Fang Yi is reluctant to talk too much about the case in public.

Xie Youhe nodded: "I guess it's about the same as I inferred." In the afternoon, there is a seminar on major criminal cases in the law office, and I heard that people from the Bar Association will be coming, do you want to attend? ”

"I have to go to the procuratorate in the afternoon to communicate the case, and I may not be able to catch up." Fang Yi said with a smile.

"Well, it's okay not to go, it's all big talk, and it's useless." Xie Youhe said in a low voice.

"How's your son? Is it still in the city? Fang Yi asked.

"No, I was sent to the capital. Cook over there. Xie Youhe said.

"You don't have to worry about work, you don't have to worry about your daughter-in-law, you can be considered to have earned it. Now I'm waiting for my son to get married and hold my eldest grandson, right?! Fang Yi said with a smile.

"Hey! Now young people are under a lot of pressure, and they have to have a house to marry a daughter-in-law, a house crushes people to death! Xie Youhe sighed.

"Don't you have a house in your house? What a worry! Fang Yi was puzzled.

"Not what you say. My family has a large three-bedroom house, if I buy a house in this city, I don't have much pressure, I borrow some money from the bank, and our two people's salary plus pension is enough to repay the loan, and the quality of daily life does not deteriorate.

Now that my son has gone to the capital, the housing prices in that place are high, tens of thousands of dollars per square meter, and we have to become tenants to buy a suite, and work for the bank every day. Life is all that is left to live! Do you think I can not worry?! Xie Youhe said helplessly.

"There are many things that we can't predict and can't control, maybe your son's foreign daughter-in-law doesn't want a house in the capital, and they bring their own dowry and get you a castle to live in." Fang Yi said with a smile.

"To borrow your good words, I would like them to settle abroad, so that the two of us will have less to worry about. You don't have to be a house slave, you don't have to worry about your grandson's school district house. Xie Youhe sighed.

In the afternoon, Fang Yi went to the county procuratorate, and he was not only greeted by Cao Xiaoxue but also her master, the middle-aged female prosecutor he had seen before, Inspector Li.

"Lawyer Fang, I won't go around the bush with you, after the case was transferred before, my master Li Bin communicated with us about the recovery of stolen money, and I have also seen the case you submitted to the public security department.

Since you came to me on behalf of Shengfeng Group to communicate about the recovery of stolen money, I also discussed it with my teacher, and I think that the key to this matter is the qualitative nature of the reward money, whether it is a gift or a transaction. This characterization will have a direct impact on whether or not we recover the stolen money. Cao Xiaoxue said coldly, a pair of beautiful big eyes still shining with cold light.

"Lawyer Fang, we would like to hear the opinions of Shengfeng Group." Inspector Li smiled.

"Well, thank you for taking the time to communicate with me about the recovery of stolen money, according to the provisions of Article 64 of the Criminal Law, all property illegally obtained by criminals shall be recovered or ordered to be returned.

Article 11 of the "Several Provisions of the Supreme People's Court on the Enforcement of the Property Portion of Criminal Judgments" stipulates that if the person subject to enforcement gives the property involved in the case to a third party free of charge or at a price significantly lower than the market price, the people's court shall recover the property involved in the case that the person subject to enforcement determines to be stolen money or goods in the criminal judgment.

In my opinion, there is no agreement between the criminal suspect and the anchor to purchase services, and the reward should be a gift, and all the bounties received by the anchor should be recovered in full. Fang Yi said.

Although there are differences between the theoretical and practical circles on whether the act of tipping is a gift or a transaction, for Fang Yi, he uses that theory that is conducive to maximizing the interests of Shengfeng Group. Only by persuading the procuratorate can the procuratorate further communicate with the court about the recovery of stolen goods.

"I don't think so, according to the business model of live broadcasting, the suspect's tipping behavior is a transaction between him and the online anchor, and the suspect's tipping is to let the anchor perform for him and get a sense of spiritual pleasure, in essence, the relationship between the two parties is to serve and be served, not a gift.

Although the suspect used ill-gotten money, that is, stolen money, the money should not be included in the scope of recovery for the purpose of protecting the order of the transaction. Cao Xiaoxue objected.

Yo he! After three days, this girl is very capable, and it seems that she can't convince these two without a little effort.

"Well...... I don't agree with you. Even if the tipping between the criminal suspect and the anchor is beyond the scope of the gift and is a consumption behavior, the money used by the criminal actor is illegally gained, and to put it bluntly, it is stolen money.

I believe that if the money is the legal income of the criminal suspect, then the amount of the reward belongs to his consumption, and there is no invalid or revoked contract, but the criminal suspect used stolen money, which should be recovered according to the above provisions of the Criminal Law. Fang Yi argued.

(End of chapter)