"Oh, that's right!" Lu Ping nodded and said, "Lawyer Fang, do you have any good ways to reduce the court's punishment for them?" ”

"Lawyer Fang, Sister Lu and I are old friends, you can help me find a way." Yunmei interjected.

"What did the lawyer they hire say?" Fang Yi thought for a moment and asked.

"The lawyer said that he would clear the relationship for them and ask them to ask the victim for a letter of forgiveness." Lu Ping said.

"It's hard for me to express my opinion on the matter of dredging relationships. However, it is feasible to actively compensate the victim and obtain a letter of forgiveness from the victim, and after having a letter of understanding, the court will consider it when sentencing.

In addition, your brother may have voluntarily surrendered, and if he has a good attitude of repentance, voluntarily admits guilt and accepts punishment, coupled with the letter of understanding issued by the victim, he may be able to obtain a suspended sentence without going to jail. You must tell your brother not to go against the police and the procuratorate, and to cooperate with the investigation, because his attitude will involve sentencing. Fang Yi said.

In Fang Yi's view, this situation can only actively cooperate with the investigation of the public security organs and the procuratorate and strive for leniency, and there is no good way.

"Well, I see. What about Lu Lin, can he also be recognized as surrendering and given a lighter punishment? Lu Ping then asked.

"Lulin's matter is a bit complicated. According to what you just said, Lu Lin was summoned by someone else when he was handling the case at the police scene, and was later summoned to the case by the public security organs, and he may not meet the legal requirements for voluntary surrender. Fang Yi said.

"Why is that? My brother also said what happened after he was notified to go to the police station, and the police said that he had turned himself in. Why doesn't Lulin count? Lu Ping said.

"Not all criminal suspects who truthfully confess the facts after being summoned by the public security organs constitute voluntary surrender. According to Article 67 of the Criminal Law, a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is deemed to have surrendered voluntarily. Criminals who surrender themselves may be given a lighter or commuted punishment.

To put it simply, voluntary surrender consists of two conditions, the first is voluntary surrender, and the second is a truthful confession.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service (Fa Shi [1998] No. 8):

"Voluntary surrender" refers to the voluntary and direct surrender to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect have not been discovered by the judicial organs, or when they have been discovered, but the criminal suspect has not been interrogated or compulsory measures have not been employed.

Truthfully confessing one's own crime refers to a criminal suspect truthfully confessing the main facts of his crime after voluntarily surrendering.

However, Lu Lin was called to the scene of the crime and did not have the initiative, and it was possible that someone at the scene identified him as the Mercedes-Benz he smashed, so the police verbally summoned him to the public security organs to cooperate with the investigation, and then took coercive measures against him.

I speculate that the police already knew that he had done it, and that the purpose of using the verbal summons was to stabilize him, for fear that he would escape, and that the police would naturally take measures against him when they arrived at the public security organs.

I also speculate on what you said about the incident, which is not necessarily accurate. The lawyer they need to appoint to judge based on the actual situation.

But you don't have to worry too much, Lu Lin is an accomplice and can be punished in a reduced manner according to the law. If Lu Guang is given a suspended sentence, he should be able to get a suspended sentence. Fang Yi said.

"Oh, that's right. Then I get it. Thank you, Mr. Fang. When I go back, I will call my brother and ask him to do what you say, and he will definitely cooperate with the procuratorate in investigating the case. Lu Ping nodded.

After eating, Fang Yi drove Yunmei back to Yunwu Tea House, just as Fang Yi was about to leave, Yunmei asked him to wait a while, and after entering the tea house, he took a gift box out after a while.

"I'm really sorry for you today. I see that you like to drink Pu'er tea, and this little meaning is not respectful. Yunmei said and put the gift box on the back seat of the car.

"You're welcome, it's nothing. Besides, Ms. Lu had already given me a red envelope, but I didn't really help. Fang Yi said with a smile.

"No, one yard to one yard, this is too sudden today, I have to thank you. Stay safe on the way back, goodbye! Yunmei smiled after speaking, turned around and entered the Yunwu Tea House.

Fang Yi turned his head and glanced at the gift box in the back seat, which was the Pu'er tea he had drunk with Wan Kefa this afternoon.

A week later, Ms. Chow's case was decided. Fang Yi went to the Intermediate People's Court to receive the verdict.

The Intermediate People's Court held that the defendant Zhou Yingqi, as a senior executive of a state-owned enterprise, took advantage of the convenience created by his own authority to seek improper benefits for others, and the amount was huge, and his behavior constituted the crime of accepting bribes and should be punished in accordance with law. The facts of the Municipal Procuratorate's accusation that the defendant Zhou Yingqi accepted bribes of 1.88 million yuan are clear, the evidence is credible and sufficient, and the charges are confirmed.

In view of the specific circumstances of this case, and comprehensively considering the aggravating circumstances of Zhou Yingqi accepting bribes for others to obtain a promotion, and the mitigating circumstances of Zhou Yingqi's family returning all the stolen money on his behalf, and Zhou Yingqi pleaded guilty and repented in court, and truthfully confessed the mitigating circumstances of the crime. The verdict reads as follows:

1. Defendant Zhou Yingqi committed the crime of accepting bribes and was sentenced to three years imprisonment, suspended for three years, and fined RMB 300,000;

2. Of the 2.8 million RMB seized in the case, 1.88 million yuan is to be confiscated as unlawful gains, 300,000 yuan is to be incorporated into the fine for enforcement, and the remaining money is returned to defendant Zhou Yingqi;

3. The three pieces of Zhou Yingqi's bank cards seized in the case were returned to the Municipal Procuratorate; Bank accounts that have been frozen in the case are to be unfrozen; A set of real estate in Wanhai Jiayuan in this city and a real estate in Huihai New Park in Chaoyang District, Beijing, which were seized in the case, were released from seizure.

"Lawyer Fang, what the Intermediate People's Court means is that it only recognized the 1.88 million yuan that Zhao Xiaojie gave me for promotion before, and the other payments were not recognized as bribes, right?" In the conference room of Wanhua United Law Firm, Zhou Yingqi was very surprised when she saw the verdict.

She never dreamed that the court would give her a suspended sentence, and at this time she was extremely grateful to the judge of the Intermediate Court.

"That's right. The Intermediate People's Court held that your acceptance of Zhao Xiaojie's request to arrange for his promotion constituted bribery, and the others did not constitute bribery. But I personally think that the Intermediate Court's judgment is a bit far-fetched.

Of course, it's up to you whether you want to appeal or not. Fang Yi said.

Fang Yi felt that the 300,000 yuan of Jiayue Company was more likely to be identified as bribes, but the court believed that Zhou Yingqi was active for Zhao Xiaojie's promotion, and the 1.88 million yuan collected was bribes, and the 300,000 yuan was not bribes.

Theoretically, he disagrees with the content of the Intermediate Court's judgment, and he always believes that Zhou Yingqi's promotion was done with Zhou Yingqi's help based on his lover's relationship, not for money. In addition, if Zhou Yingqi appeals, he can also collect another lawyer's fee. That's what he really thinks.

(End of chapter)