"The number of tickets for this bath was confiscated by the public security organs, right?" Fang Yi asked quietly.

"Hmm,...... No, it's all the bath tickets I printed. Sun Shengli immediately changed his words halfway through his words.

"How many have you sold?" Fang Yi asked.

"There were only a few copies, and a total of twenty were sold! It's all sold at a discount and doesn't make any money. It's true! Although the people in the county recognize this, not everyone needs it. Sun Shengli's eyes were rolling.

Fang Yi knew at a glance that this guy was a hob meat, and he must have printed more than that, since the public security organs couldn't ask about it, why bother, just look back at the case file.

"Is there a company stamp on the bath ticket?" Fang Yi asked.

"Yes, the bath ticket is the seal of the hotel administration. I took the bath ticket to the place where the seal was engraved and asked, and people said that it was engraved by the company itself, not the kind of seal that was recorded. Sun Shengli said.

After coming out of the detention center, Fang Yi's head turned away, and he felt that something was wrong with the procuratorate's accusation against Sun Shengli.

"Xiao Zhou, do you think there is anything wrong with Sun Shengli's case?" Fang Yi turned his head to look at Zhou Ying beside him and asked.

Article 225 of the Criminal Law stipulates that only those who violate the laws and regulations on financial licensing, import and export licensing, monopoly and monopoly licenses, disrupt market order, and the circumstances are serious constitute the crime of illegal business operation.

Although there is a catch-all clause 'other illegal business activities that seriously disrupt the market order', I always feel that the matter of privately printing the bath tickets of the county hotels cannot be compared with the above-mentioned permits, and it cannot reach the level of seriously disrupting the market order.

So I think there is a problem with the prosecution's charges, and this hat is a bit big.

Article 280 of the Criminal Law contains the crime of forging a company seal, do you think Sun Shengli will constitute the crime of forging a company seal? Zhou Ying asked.

"The crime of forging a company seal is a criminal offense, and in both theoretical and practical circles, many people believe that as long as the act of forging a company seal is committed, it can constitute a crime.

However, I think this understanding is not very accurate, and where the circumstances are obviously minor and the harm is not great, it should not be found to be a crime.

For example, Article 52 of the "Public Security Administration Punishment Law" stipulates that forging or altering the seal of an enterprise, public institution or other organization shall be detained for not less than 10 days but not more than 15 days, and may also be fined up to 1,000 yuan; where the circumstances are more minor, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

Therefore, for ordinary acts of forging seals, where the circumstances and consequences are not serious, the Public Security Administration Punishment Law shall be applied in accordance with the principle of proportionality of crime and punishment and the principle of modesty, rather than being punished as a crime.

Although Sun Shengli forged the company's seal, according to him, he only forged one, and it was seized without selling many bath tickets, which may not constitute the crime of forging the company's seal. Fang Yi said.

"Since it doesn't constitute a crime, should we make a not guilty defense?" Zhou Ying said.

"In the afternoon, let's go to the county procuratorate to read the case file, just communicate with the procurator, see the procurator's opinion, and wait for the case file to come back and then make a defense plan.

However, how to characterize the matter of privately printed bath tickets is indeed not clearly stipulated in the Criminal Law, and there is no relevant content in the judicial interpretation. But there is a crime of forging valuable documents in the Criminal Code, you can study it. Fang Yi smiled.

Three days later, Sun Rongrong walked into Wanhua United Law Firm again.

"Lawyer Fang, how is my brother's case? Will it be sentenced? Seeing Fang Yi and Zhou Ying walking into the conference room, Sun Rongrong's eyes showed an anxious look.

"We have communicated with the procuratorate, and the prosecutor believes that your brother's sale of bath tickets constitutes the crime of illegal business operation and the crime of forging valuable tickets, which is an imaginary joint crime, and he will be punished according to the crime of illegal business operation if he chooses a felony. But I think your brother's actions should constitute the crime of forging valuable documents, and we are prepared to defend your brother for the lesser crime. Fang Yi said.

"Lawyer Fang, what is the difference between these two charges?" Sun Rongrong asked.

"Let me tell you the most direct impact, if the amount of forged valuable tickets is relatively large, he shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or controlled release; Where the circumstances are serious, the sentence is up to five years imprisonment or short-term detention. Fang Yi explained.

After all, Sun Rongrong is not a person in the legal circle, and her education level is not too high, Fang Yi feels that if she explains too much, it will make her difficult to understand, so it is better to tell her the most simple and clear difference, which is more intuitive.

"Oh, I see. In other words, if we win, the court will sentence my brother to two years in prison, right? Sun Rongrong understood and said.

"Yes, there may also be a sentence of detention or surveillance." Fang Yi said.

Two days before Fang Anzhi started school, Sun Shengli's case was opened.

In the fifth courtroom of the county court, the three judges of the collegial panel sat on it and listened to the prosecutor read the indictment. In the auditorium sat Sun Rongrong, and beside her sat an old man who looked to be seventy or eighty years old (in fact, less than sixty years old), slightly hunchbacked, and his black and red face was full of folds, he was Sun Shengli's father.

“…… This court held that in order to obtain illegal benefits, the defendant Sun Shengli illegally printed a large number of bath tickets and sold them in the society, and his conduct seriously disrupted the order of the local market economy and caused certain losses to the business unit.

The defendant's illegal printing of bath tickets was large, meeting the requirements of 'serious circumstances' in the crime of illegal business operation, and his conduct violated article 225 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, and the evidence is credible and sufficient, and he shall be convicted and punished as the crime of illegal business operation, and his criminal responsibility shall be pursued.

Defendant Sun Shengli pleaded guilty and accepted punishment, and may be given a lenient disposition on the basis of article 15 of the "Criminal Procedure Law of the People's Republic of China". In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Presiding Judge, the indictment has been read. Said the male prosecutor sitting at the head of the prosecutor's bench.

"Defendant Sun Shengli, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objections to the facts and charges of the crime charged against you in the indictment? The presiding judge asked.

"There is no objection, I plead guilty and accept punishment." Although Sun Shengli does not understand the law, he has been mixed in society for a long time, and he knows the truth that a single person does not fight for power, so in order to strive for leniency, he agrees with what the procurator says.

Of course, when the procurator went to see him before, he also told him that as long as he pleaded guilty and accepted punishment, the prosecutor would consider it in sentencing and recommend a lighter punishment.

When the procurator read the indictment just now, he also said that he could be dealt with leniently, which made him feel a lot more at ease, and as for the ...... of the charges, he was more concerned about how many years the court would sentence him.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

In fact, the facts of Sun Shengli's case were very simple, and the prosecutor ended the questioning after asking a few simple questions. There was no dispute between the prosecution and defense about the facts of the case, and Fang Yi simply asked a few questions.

……

(End of chapter)