Chapter 500: Why Should You Do This!
Fang Yi thought that what Zhou Yingqi said might not be the truth, so he also told the situation of receiving real estate. Let her be prepared.
"What about people like me who buy a house after receiving money?" Zhou Yingqi asked.
In this case, in judicial practice, in principle, the house itself or cash of the same value as the house should be recovered.
If the source of funds for the purchase of a house has both bribes and lawful income, the share of the bribes corresponding to the bribes in the value of the house and its income (appreciation) shall be recovered.
For example, if you buy a house in Beijing, one-third of the purchase price belongs to the bribes, and the remaining two-thirds of the purchase price belongs to your legal income, and the value of the house at the time of purchase is 6 million yuan. After the incident, the value of the house rose to 9 million, and the share that should be recovered is 3 million yuan.
As for the vehicles you mentioned, in judicial practice, for automobiles and other items, the depreciation situation is more serious, and the value at the time of recovery is generally lower than the value at the time of receipt, and the original items should generally be recovered in accordance with the law, but there are inconveniences in the seizure, storage and auction of such items by the judicial authorities in the future.
In this case, if you offer to use the same amount of cash at the time of receipt, the court will generally allow it, and comprehensively determine whether it is a "positive return of stolen goods" based on your performance in returning stolen goods, and then give due consideration to it in sentencing. Fang Yi explained.
"Oh, so my house and car are in danger of being seized! Is there a way to keep a house? Zhou Yingqi asked.
"In judicial practice, if a family member requests to keep the house and pay cash, the court may review the actual living conditions of the defendant and his family, and if the family agrees to the request for humanitarian reasons, the value of the house is generally calculated based on the time point of recovery, and the same amount of cash is paid." Fang Yi said.
"Oh, it means that if I want to keep the house, I have to convert it into cash according to the current price and hand it over to the prosecutor's office, right?" Zhou Yingqi said.
"Yes. However, you don't have to worry, in fact, the amount of bribes determined by the procuratorate may not be fully recognized by the court. Fang Yi said.
"Will the court not recognize the amount determined by the procuratorate?" Zhou Yingqi wondered. In her subconscious, the court will sentence as much as the procuratorate admits to the amount of bribes.
"This is not necessarily, the authority of the two organs is different, and the amount of crime determined may not be exactly the same." Fang Yi smiled.
"As you just said, my family paid 2.8 million yuan to the procuratorate before. The prosecutor's office said it would be taken into account when sentencing. Zhou Yingqi said.
"Well, actively returning stolen goods is really good for your sentencing." Fang Yi said.
After sending Zhou Yingqi away, Fang Yi and Zhou Ying returned to the office.
"Lawyer Fang, the money she just said can be matched with the money in the case file, Zhao Xiaojie's confession in the case file is basically the same as her confession, and the relationship between them is indeed a lover, and it has developed to the extent of talking about marriage. It seems that there is nothing wrong with what she said. Zhou Ying said with the transcript of the conversation.
"Judging by the available materials, it does. We are her defenders, and we have to start from the facts of the case and find a breakthrough for her interests, and the relationship between them is beneficial to the case, so we can use this to defend ourselves.
We only need to find out the suspicious parts and the parts that can be reasonably explained from the bribes identified by the procuratorate, and remove them, and we will win. Fang Yi said.
"That'...... Will we do so in a way that will help the defendant evade punishment? Zhou Ying blinked her eyes wide, half-jokingly.
"Uh...... think about it from a different angle, should the procuratorate's accusation of a crime be conclusive and stand up to scrutiny?" Fang Yi asked rhetorically.
"Hmm." Zhou Ying nodded.
"We lawyers are not referees, nor are we people who control public power, but we just use our professional advantages to provide legal services to criminal suspects or defendants, so that they can get the punishment they deserve. Am I right? Fang Yi asked again.
"Well, that's right." Zhou Ying said.
"Therefore, are we obliged to use our legal knowledge and social common sense to help the procuratorate confirm whether the charges are appropriate and whether the evidence of the crime is credible and sufficient? Don't let the guilty escape sanctions, don't let the innocent get wronged? Fang Yi continued.
"Seems to be the truth." Zhou Ying tilted her little head and thought about it.
"So we are not aiding and abetting, if the charges of the procuratorate are correct, and the evidence provided is impeccable, how can we play it, right?" Fang Yi smiled.
"Well, you're right." Zhou Ying said.
"Okay, don't have a burden in your heart when handling criminal cases, as long as you are worthy of your conscience and let it go. Unless your starting point is wrong, that is, to get people. Fang Yi said.
"I see. Thank you, Mr. Fang. Zhou Ying smiled playfully.
"Alright, you go get busy. I need to think carefully about the problem of breakthroughs. Fang Yi scratched his head and said.
Young friends, we came to meet, swinging the boat with the warm breeze blowing gently, the flowers fragrant, the birds singing, the spring sunshine is bright, and the laughter and laughter fly around the colorful clouds......
When Fang Yi knocked on the door of the director's office, a melodious singing voice came out, and Wan Kefa shook his head and beat the beat, while drinking tea, looking very enjoyable.
"Xiaofang, come here, the spring is dry, drink more tea to avoid getting angry, you see you have a lawsuit, come, drink a cup of tea, rest." As he spoke, Wan Kefa handed over a cup of tea.
After Fang Yi took it, he drank it all and poured another cup for himself.
"Drink slowly, you call it cow drinking, not tea. Is there something difficult to do? Wan Kefa asked.
"It's okay, it's like coming over and listening to old songs. Take a break. Fang Yi smiled.
"How's Zhou Yingqi's case?" Wan Kefa asked.
Fang Yi said the general facts of the case: "What do you think?" I think the lover relationship between her and Zhao Xiaojie can be used, and some parts of the more than 8 million yuan of money are indeed suspicious, and it is inferred from common sense that the past is true. ”
"If you don't understand or have doubts, it's better to defend in the direction of doubt, criminal cases are not like civil cases, if there are doubts, the court will generally not find them. When encountering such a situation, it is beneficial to us, and the inspector will scratch his head. Wan Kefa smiled.
"Well, I'm thinking the same thing. Replace wine with tea, toast you! Fang Yi said with a smile.
"Actually, you already had a plan in mind, and you just came here to confirm with me. Right! Wan Kefa smiled as he picked up his teacup.
"If you don't see through it, why should you bother?" Fang Yi smiled.
Ten days later, Zhou Yingqi's case was opened. The competent court is the city's intermediate court, which means that the procuratorate believes that Zhou Yingqi has accepted a particularly large amount of bribes, and the sentence should be more than 10 years.
In the past few days, I have been looking for information, and the writing is a bit slow, so please forgive me. Explode again in the later stage!
(End of chapter)