Chapter 542: It's Not About Money
"Sister-in-law, how did you know this in such detail?" Fang Yi looked at Zhou Dalian suspiciously and asked.
"I heard from the lawyer that after the accident, my brother and sister found a lawyer from the county to go to the detention center to see my brother, and I was also present when the lawyer said this. You shouldn't be suspicious of your sister-in-law, right? Zhou Dalian's eyes flashed and she looked at Fang Yi.
"No, I'm just asking." Fang Yi hurriedly shook his head and said.
"Fang Yi, do you think my brother will be sentenced?" Zhou Dalian asked eagerly.
"According to the crime of possessing and using counterfeit money determined by the public security organs, your brother's possession of 10,000 yuan of counterfeit currency is enough to file a case, and he will be investigated for criminal responsibility.
According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Counterfeit Currency and Other Cases, a person who knowingly knows that it is counterfeit currency and possesses or uses it with a total denomination of more than 4,000 yuan but less than 50,000 yuan is considered to be a 'relatively large amount'.
Article 172 of the Criminal Law stipulates that whoever knowingly possesses or uses counterfeit currency, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Your brother may be sentenced to up to three years in prison or criminal detention, depending on whether there are mitigating or mitigating circumstances. Fang Yi said.
"Ahh So my brother really needs to go to jail! Zhou Dalian was a little dumbfounded.
"It is certain that a crime has been committed, but if he has made significant contributions, such as providing clues to the police and cracking a den that manufactures counterfeit money, he may be exempted from prosecution or exempted from punishment." Fang Yi said.
"Well, that's a good idea." Xu Zengshou nodded.
"It's good, but how can it be so easy, my brother is stupid, he doesn't even know where people live or what they are called, he only has a mobile phone number, I heard that he can't get through, how can it be so easy to make meritorious contributions!" Zhou Dalian said with a bitter face.
"I think the charges found by the police are a bit questionable." Fang Yi said.
"What's the problem?" When Zhou Dalian heard this, she immediately came to her senses.
"If it is true, as you say, your brother buys, holds, and uses counterfeit money.
In accordance with Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Counterfeit Currency and Other Cases", if the perpetrator purchases counterfeit currency and uses it, and it constitutes a crime, he shall be convicted of the crime of purchasing counterfeit currency in accordance with the provisions of Article 171 of the Criminal Law, and shall be given a heavier punishment.
Therefore, your brother's crime should be the crime of buying counterfeit money, not the crime now determined by the public security organs. Fang Yi said.
Is there any difference between the two charges? Which one is heavier? Xu Zengshou asked.
"Let's put it this way, the crime of possessing or using counterfeit money shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 10,000 yuan but not more than 100,000 yuan.
For the crime of purchasing counterfeit money, where the amount is relatively large, the sentence is up to three years imprisonment or short-term detention, which is similar to the crime of possessing or using counterfeit money. However, a fine of not less than 20,000 yuan but not more than 200,000 yuan should be imposed concurrently, and the fine for this crime is relatively large.
In contrast, the crime of buying counterfeit money is more punishable. Fang Yi explained.
"If the procuratorate also believes that it is a crime of possessing and using counterfeit money, will the court sentence it according to this crime?" Zhou Dalian's eyes turned.
"This is not necessarily, if the court believes that your brother has committed the crime of buying counterfeit money, it will directly pronounce the sentence according to this crime, and the court can change the charge determined by the procuratorate." Fang Yi said.
"Ahh So my brother's sin is great! "Zhou Dalian has some six gods and no masters.
Xu Zengshou saw his daughter-in-law like this, and said with hatred in his heart: Yes, let your family get used to him, and if there are any good things in the family, think about your mother's family and your brother first. This time, it's down-to-earth.
"Let me ask again, if he borrowed the money to buy counterfeit money from our family, will this case affect us?" Xu Zengshou asked suddenly.
"Yes, Fang Yi, my brother asked us to borrow money at the beginning, we really don't know what he is going to do, will this matter affect us?" Zhou Dalian also hurriedly asked.
"My brother-in-law borrowed five hundred from my family!" Xu Zengshou added.
"It's not five hundred, it's a thousand!" Zhou Dalian glanced at her husband a little unreasonably.
"A thousand! Didn't you say five hundred? Xu Zengshou's eyes widened, and his buttocks left the chair by a centimeter.
His monthly food expenses plus cigarette money were only 400 ......yuan, and his daughter-in-law casually gave her brother-in-law 1,000 yuan, and she didn't tell the truth, Xu Zengshou sat back a second later, drinking tea and sulking, this is not a matter of money, it is a matter of trust.
"Have the police approached you?" Fang Yi asked.
"I looked for it, and the police asked me if Zhou Dagen had borrowed money from me, and I said yes. Then he asked me if I knew what he was borrowing money for, and I said I didn't know, he always borrowed money, and I gave it every time I borrowed money. That's all. Zhou Dalian said.
Xu Zengshou was angry in his heart: Come and borrow money when you get old! Why didn't I know? I said that the family couldn't save any money, so it turned out that they all supported the white-eyed wolf.
"Well, it's okay, this case has nothing to do with you.
If Chow told you about buying counterfeit money and exchanging it for real money when he borrowed money from you, you may also be guilty of a crime if you provided funds for your brother's purchase of counterfeit money, even though you did not directly carry out the act of buying counterfeit money. Fang Yi explained.
"Oh, that's it! I understand. Zhou Dalian nodded.
"After the police have finished questioning, there will be no follow-up, and this case should not affect you. Rest assured. Fang Yi smiled.
"What, Fang Yi, how much consultation fee do I have to give you?" Zhou Dalian picked up the bag and made a gesture of asking for money.
"Sister-in-law, don't you shudder me! I have a relationship with Brother Xu, how can I collect your money! Fang Yi refused.
"That's okay, I'll ask Lao Xu to invite you to dinner another day." Zhou Dalian looked happy and put the bag back again.
"What are you doing another day? Just today, Fang Yi and I will go to Brilliant to find Li Shuming in the evening, you go back first. Xu Zengshou was angry in his heart and said.
Zhou Dalian was a little embarrassed: "That's okay, you take a shower and eat some food in the evening, I'll go back first." Lao Xu thought about paying the bill, don't keep letting people spend money. ”
"Got it! Go back. It's time for the kids to get out of school in a while, and the cars are crowded. Xu Zengshou said impatiently.
After sending Zhou Dalian away, Xu Zengshou sat back at the tea table: "My daughter-in-law ......, don't say anything." In the evening I have a treat. ”
When Zhou Dalian went out, she secretly gave Xu Zengshou 1,000 yuan and asked him to look at the flowers, and Lao Xu finally took a hero.
"Let's go, go to glory. I'll wait for you downstairs. Xu Zengshou saw that the time was not early, and urged.
"Oh yes! Li Shuming is not here, he went abroad and just left a few days ago. Fang Yi said.
"Ahh Hey, I wanted to get some wool, but this kid wasn't there. Then let's go too, take a bubble bath, and chat. I'm in for a treat. Xu Zengshou said.
"Alright! Listen to you. Fang Yi smiled.
(End of chapter)