"Well, there are indeed similarities between the two crimes subjectively and objectively, but it is easy to be confused on the two points of 'operating for others' and 'handing over the profitable business of the unit to one's relatives and friends', and in judicial practice, there is indeed a certain degree of difficulty in the judicial organs when distinguishing between the two crimes." Fang Yi handed Zhou Ying a cup of tea and said with a smile.

Fang Yi understands the hardships of trainee lawyers, he is a senior lawyer and partner, and the other party has only one foot in the threshold, helping a gang, and bringing a belt. Therefore, he has always been milder towards trainee solicitors, which may have something to do with his personality.

In addition, Fang Yi is not afraid that the apprentices of the church will starve to death of the master, because whether it is professional skills or local fame, the trainee lawyer is far from him, and he is not on the same level at all.

Even in this year's internship, Zhou Ying got all dry goods, which is only a drop in the bucket, theory and practice always need to complement each other, constantly updated and iterative.

When a lawyer has a certain degree of professional ability, they will find that there is still a level of the client, and the client's trust in a lawyer is not something that can be established by eating and drinking, but has a lot to do with the scale of the lawyer's law firm, the lawyer's past successful cases, and the evaluation of the industry.

Sometimes it even has a lot to do with the lawyer's background, such as some businesses that require a special relationship, of course, this kind of business is also a gray business that wanders on the edge, and if you can't do it, you can get in.

Therefore, after going through a lot of hard work to get a lawyer's license, young lawyers will find that they have entered a red sea, and the vast red sea has no end in sight, and they can't make money at all, and they can only be more "rolled" if they want to survive.

Before Wan Kefa became famous, a senior in the legal industry helped him at a critical moment, and now Wan Kefa is optimistic about Fang Yi and is willing to pull him along. Fang Yi was grateful and felt that it was necessary for him to learn from the fat old man and help the outstanding young lawyer grow rapidly. Because they all have a beam of light in their hearts, a beam of positive energy.

"So how do you distinguish between these two charges?" Zhou Ying tilted her head and asked with a frown.

In her opinion, the provisions of the Criminal Law can be seen at a glance, but when it comes to specific cases, they are all wrong, what have you learned over the years? She deeply doubted that she had been abandoned by the times!

Fang Yi saw her confusion, took a sip of tea, and said: "If you look at the laws on these two crimes, their constituent elements are different, the crime of illegally operating the same kind of business requires a profit, and the amount must be huge; The crime of illegal profit-making for relatives and friends requires that the perpetrator's actions must cause losses to the enterprise to which he belongs.

In judicial practice, there are situations where there are both profits and losses to the enterprise, that is, both, and judging from the existing precedents, this situation will generally be recognized as the crime of illegally operating the same type of business.

Let me give you an analysis of the above two constituent elements, and you will understand the difference.

The crime of illegally operating the same type of business requires that the perpetrator have specific business activities. Whether it is for himself or for others, the actor's business behavior must be a positive act of taking advantage of his position to operate and make profits, and it must be an actual act.

The so-called profit, that is, the business profit obtained by the actor in operating the enterprise must have a causal relationship with the business activities in which he or she takes advantage of his position, and the amount of business income must be huge.

Regardless of whether the perpetrator is taking advantage of his position to operate (by himself or for his relatives or friends), or whether he or she entrusts the profit-making business of his unit to his relatives and friends, the purpose of which is to seek illegal benefits for his relatives and friends.

Although the perpetrator may have obtained certain benefits from it, the benefits of the perpetrator are directly derived from relatives and friends, and are in the nature of accepting bribes.

To put it bluntly, the former is seeking illegal benefits for himself, and the latter is seeking illegal benefits for relatives and friends. ”

"Well, I seem to understand that when distinguishing between these two crimes, the main thing is to see who owns the benefits, right?" Zhou Ying scratched her head and said.

"Well, it can also be said that when you are exposed to more such cases, you will understand, you can Baidu some cases on the Internet, try to analyze them yourself, and your understanding will be more profound.

By the way, if you go with me to the procuratorate next Monday, Zhang Wen's case has been transferred to the procuratorate for a few days. His father called me to continue the commission. Fang Yi said.

"When do I sign the entrustment procedure?" I'll go get ready. Zhou Ying said.

"Tomorrow Saturday, Zhang Feng will come over at 10 o'clock in the morning to sign the entrustment procedures for the review and prosecution stage, and the lawyer's fee is 15,000 yuan. Get all the formalities ready, and you won't have to come over. Fang Yi said.

Fang Yi understood that people were not his assistants, so they should rest and let the family rest, there was no need to be angry.

"Okay, thank you, Mr. Fang. I'll bring it to you when I'm ready. Zhou Ying smiled.

A few days later, Zhang Fengcai came to Wanhua United Law Firm again, this time Fang Yi called him over, mainly to analyze and explain the case and communicate about the entrustment matters in the trial stage.

"Lawyer Fang, you just said so much, I understand that the core meaning is that my son Zhang Wen does not constitute the crime of illegally operating the same kind of business, right?" Zhang Fengcai's eyes flashed with joy and looked at Fang Yi.

"Yes, I personally don't think Zhang Wen has committed a crime. We have also communicated with the prosecutor in charge of your son's case before, and yesterday the procuratorate has transferred Zhang Wen's case to the court, so you have to prepare in advance......," Fang Yi said.

His meaning is very clear, the procuratorate believes that it constitutes a crime, we believe that it does not constitute a crime, your son Zhang Wen's case has been transferred to the court, do you want to entrust it? If you entrust it, you will talk about the lawyer's fees.

As the saying goes, people are old and good, horses are old and slippery, and rabbits are old and eagles are difficult to take. Zhang Fengcai has been mixed in society for so many years, and he knows Fang Yi's subtext very well.

"Well, if I ask you to defend my son, I don't know how the lawyer's fee will be charged?" Zhang Fengcai hesitated and asked.

"The lawyer needs to spend more energy in the trial stage, so the cost will be higher, and the lawyer's fee will be 50,000 yuan." Fang Yi said.

Zhang Fengcai breathed a sigh of relief in his heart, before Fang Yi's quotation, he felt that such a large law firm, the lawyer opposite was a partner, and the lawyer's fee must be indispensable, but he didn't expect Fang Yi to quote 50,000 yuan, this price was within his acceptable range. So he hesitated and agreed.

Human freedom is priceless, but the defense of a criminal case is valuable in the hearts of the parties and the lawyer, and the lawyer's fee is the result of the agreement between the two parties.

The reason why Fang Yi reported 50,000 yuan in lawyer fees was because he felt that the case was relatively simple and not too complicated; The second is that there is a relationship with Li Shuming, he has to give some face, and he always has to pay more attention to mixing in society.

After completing the entrustment procedures and paying the lawyer's fees, Fang Yi sent Zhang Fengcai away. The next step is to wait for the court's notice of hearing.

At the end of the month, thank you for your support, ask for monthly passes, recommended tickets, and collections.

(End of chapter)