Chapter 456: Surprised? Surprised?!
"It's been more than a year since this case, and I'm almost forgetting about it. Two days ago, the client suddenly came to me for a drink, and I asked him what the happy event was, and he said that the judge in charge of his company's intellectual property case had been investigated by the procuratorate for the crime of civil arbitration.
In the course of the investigation, the procuratorate conducted an investigation into the plaintiff in the case, that is, the opposing company, its lawyer and relevant personnel of the law firm.
The other party admitted that the case in which their company sued my client for the dispute over the infringement of the exclusive right to use the trademark by a computer network domain name was the idea of a lawyer from a law firm, and that they maliciously colluded with him to deliberately create a false litigation case, and that their purpose was to use judicial means to facilitate the recognition of the trademark held by their company as a well-known trademark, and that the relevant evidence in the trial was forged at the behest of the lawyer.
Later, the procuratorate filed a protest with the provincial people's procuratorate on the grounds that the case involved false litigation. After the Provincial People's Procuratorate lodged a protest, the Provincial High People's Court accepted the case and ordered the Intermediate People's Court to retry the case.
After the retrial, the Intermediate People's Court upheld the procuratorate's grounds for protest, found that the case was a false litigation case, rejected all the other party's litigation claims, and reprimanded the other party in court.
My client couldn't be more relieved! Huang Yuan said.
"What about the law firm and the lawyer?" Wan Kefa asked.
"The procuratorate transferred the lawyer and the law firm involved in the case to the public security organ for another case, and it is said that the law firm took all the responsibility, and the client passed the responsibility to the lawyer, and the lawyer who undertook the case was speechless and assumed all the responsibility, and then was sentenced to more than two years. The lawyer's license was also revoked.
The legal representative and legal manager of the plaintiff company were also sentenced. Huang Yuan said.
"If you want me to see it, this matter may not be all the responsibility of the lawyer, it is likely that the client will leave the back hand and push the lawyer out to take the blame." Wan Kefa snorted coldly.
"Can you? Shouldn't a lawyer be more professional than a client? Fang Yi wondered.
"Lawyers are just professional in law, and they can't catch up with the business when they play tricks, and they can't catch up with the business, they are all human beings, especially the boss who can make the business bigger, the one who didn't grow up from the deception, the lawyer is far behind." WAGO.
"What the boss said is that the lawyer who took the blame is said to be a salaried lawyer, who has only been working for a few years, and his clients are not his, how can he give people ideas to make false lawsuits, and 1,000% of them have been tricked, and he can't produce evidence. You can only carry the pot. Huang Yuanchao added.
"Insidious! It's so dark. Fang Yi shook his head and said.
"You are glad that you meet a team boss like the boss, you need to have experience, you have to have qualifications, you have to have resources, you have to have resources, and you have to ......" Huang Yuanchao still wanted to continue filming, but was kicked by Wankefa.
"Gotcha! I slapped the horse's leg on ......," Huang Yuanchao said with a smile and rubbing his calf.
Fang Yi was so amused that he squirted out a mouthful of tea, which happened to fall on Huang Yuanchao's face.
Zou Guang's case was soon opened, the procuratorate charged Zou Guang with the crime of fraud, the defendant Zou Guang pleaded guilty and accepted punishment, Fang Yi made a light defense, because Fang Yi and the procurator in charge of the case reached an agreement, the procurator recommended that the defendant Zou Guang be given a lighter punishment and sentenced to one year in prison.
All three parties were supposed to be happy, but they were disrupted by the court's decision.
The court held that the defendant Zou Guang, for the purpose of illegal possession, secretly stole other people's property on several occasions, and the amount was relatively large, and his conduct constituted the crime of theft. Defendant Zou Guang commits another crime within 5 years after the completion of the criminal punishment that should be sentenced to fixed-term imprisonment or higher, and is a recidivist and shall be given a heavier punishment; In view of the fact that the defendant Zou Guang truthfully confessed his crime after arriving at the case, and voluntarily confessed to the same crime that the public security organs had not yet grasped, and voluntarily pleaded guilty at trial, he may be given a lighter punishment.
In the end, the court sentenced Zou Guang to one year and six months in prison and a fine of 3,000 yuan for theft; Order the defendant to make restitution of unlawful gains.
Not surprised? Surprised?! Both the prosecutor and the defender believed that Zou Guang had committed fraud, but the court convicted him of theft, which was completely unexpected by both parties.
As soon as the verdict came out, before Fang Yi could speak, the prosecutor blew up first!
The prosecutor was very unconvinced, feeling that the crime he was charged with was correct, and the court had made a mistake, but the verdict had already declared that there was only one way to protest.
Looking at the angry appearance of the prosecutor walking out of the courtroom, Fang Yi knew that the procuratorate would raise a protest nine times out of ten.
Outside the courtroom, Zou Daliang looked at Fang Yi with mixed feelings.
He sat in the audience during the trial, and he heard the defense opinions of Fang Yi and the prosecutor, the sentence and charges sentenced by the court were inconsistent with the judgment of the procuratorate and Fang Yi, and the sentence was different, after all, the judge had discretion, why did the crime change? Could it be that the procuratorate and the well-known lawyer Fang have lost their eyes? He was amazed.
"Lawyer Fang, this ......"
Zou Daliang wanted to say something, but after thinking about it, Fang Yi was right, the sentence sentenced by the court was indeed less than three years. And this sentence is not unacceptable, after all, his son has committed a crime and is a repeat offender.
"There is indeed a problem with the first trial, do you want to appeal?" Fang Yi said. He also thought it was incredible, why was he convicted of theft?
The court's judgment negated his judgment and slapped him hard in front of the parties.
The most crucial thing is that the judge's argument on the characterization of the case in the judgment could not convince him, and he believed that there was a logical problem.
Zou Daliang opened his mouth, he wanted to ask how much it would cost to appeal and what the chances of reducing the sentence were, but he still didn't say it.
Fang Yi looked at him, understood his concerns in his heart, and said, "In this way, as Zou Guang's second-instance defender, I can file an appeal, and the lawyer's fee of 3,000 yuan is fine." ”
"Can you cut the sentence by a few months?" Zou Daliang doesn't care about what crime he convicts, he cares about whether the sentence will be changed and the sentence will be reduced in the second instance.
"It's hard to say, I can't promise you. However, in the unlikely event that the sentence recommended by the procuratorate changes, the sentence of the final judgment of the second instance may be adjusted. Fang Yi shook his head and expressed his worries.
"In court, didn't the procuratorate recommend a one-year sentence? Will there be changes? Zou Daliang asked with a puzzled face.
"It is not the procurators of the county procuratorate who appear in court in the second instance, but the procurators of the city procuratorate, and it is difficult to say how they will determine this case, and the procuratorate at the next higher level has the right to change the county procuratorate's protest opinion based on its own understanding of the case."
General Zou Daliang was suspicious: "Why don't you ...... Just do as you say. He was also afraid that the court of second instance would change the sentence and increase his son's sentence.
(End of chapter)