"Hello, Ms. Tao. I'm Fang Yi, and this is my assistant Yun Qiao. Fang Yi walked into the conference room and introduced.

"Hello, Lawyer Fang." Tao Xuehong got up, shook hands with Fang Yi and Yun Qiao, and sat back: "I came this time, mainly for the sake of our family's old rice, I think this is the other party's trick for him." ”

"Oh? Can you tell us what happened? Fang Yi asked curiously.

"No problem, I'll have to tell you about it from the beginning. My family and Lao Mi and I used to work in hospitals, I was a surgeon, and he was a Chinese medicine doctor.

Later, Lao Mi spent many years studying rheumatism and developed a plaster for rheumatism and rheumatoid. Later, some capital parties took a fancy to his research, "Tao Xuehong told the story of the incident."

Lao Mi, named Mi Jiahong, had been working in a traditional Chinese medicine hospital before, and later developed a plaster for the treatment of rheumatism, but was targeted by the capital, and sent people to invite him out of the mountain in three days to open a company together to commercialize the plaster he developed.

Lao Mi couldn't help the other party's repeated flickering, plus he really wanted to commercialize the results of his research and development and make profits from it, so he agreed to the capital side, and later he resigned from the Chinese medicine hospital and became the company's technical director and minority shareholder.

After some transformation, it began to produce plasters for the treatment of rheumatism, and later after the operation of the capital side, after the plasters were put on sale, the effect was very good, and the company made a lot of money. Lao Mi also made huge profits from this.

Just the year before last, the company's board of directors elected Lao Mi as the chairman and served as the legal representative, and he became the company's production, inventory, sales, and tax declaration directly responsible.

After Lao Mi was promoted to chairman, the special car, private secretary and other benefits have improved a lot, he smiled only to see his teeth without his face, the old saying Yun Le is extremely sad, just when he is proud, the other party has already dug a pit, waiting for him to jump down.

Half a year ago, the local tax department found that the company's cost and income did not match during routine inspection, and there was a certain proportion of how many raw materials and how many goods the company imported, but in the past year, the proportion of data was obviously unbalanced, and the tax department immediately found the problem and launched the tax inspection.

It doesn't matter if this investigation is made, the company's suspected tax evasion amounted to more than 7.6 million yuan, accounting for 54.62% of the tax payable in the same period. The tax authorities transferred the case to the public security organs.

Subsequently, Lao Mi was arrested by the public security organs for tax evasion, after which the case was transferred to the procuratorate for review and prosecution.

"According to you, your husband Mi Jiahong is the legal representative of the company, and is in charge of production, sales and tax declaration, why do you say that the other party set him up? Do you have any evidence? Fang Yi thought for a while and said.

"I have no evidence in my hand, tax evasion began after our old rice took office, although our old rice does not understand management, and we can't read financial statements, but we still know how to pay taxes according to law, and it is absolutely impossible to instruct the people below to do this." Tao Xuehong explained.

"It's okay to tell me about your argument, but it's untenable in court. Judges need evidence to hear cases. Fang Yi retorted.

"The point is, tax evasion has no benefit to our old rice, and it has to be implicated, what is he trying to do, it is unreasonable!" Tao Xuehong had no evidence in her hand, and she was in a hurry.

"Ms. Tao, in this way, I will go to meet and read the file first, see the situation, if your husband is indeed wronged, I will defend his innocence.

If there is no evidence to prove that your husband is wronged, or that the other party has done a perfect job, let's find a way to reduce your husband's sentence as much as possible, and recommend that the court give a lighter punishment. Do you think it's okay? Fang Yi asked.

Just listening to the other party say that there is no evidence, this matter will not have a result for a day and a night, what is based on facts, is to understand the facts of the case, and then make a judgment.

There is a good saying, there is no right to speak without investigation, and it is useless to beep blindly.

"Okay, Lawyer Fang, I know that you are an expert in criminal matters, so I will leave the case of our old rice to you." Tao Xuehong nodded in agreement.

After completing the entrustment procedures and paying the fee, Fang Yi and Yun Qiao got busy.

A day later, Fang Yi took Yun Qiao to the northern city and met Mi Jiahong in the detention center.

Mi Jiahong is in his fifties, a little bald, and the whole person is relatively fat, looking about 200 pounds. He was in good spirits.

After seeing Fang Yi, Mi Jiahong told the story of the incident, and the situation was probably similar to what his lover Tao Xuehong said.

"Mr. Mi, during your tenure as chairman of the company, you were in charge of the company's production, sales and financial work...... Fang Yi was halfway through his words, only to see Mi Jiahong waving at him again and again.

"Lawyer Fang, you may have misunderstood what I meant. Although I am the chairman of the company, in fact, except for R&D, I am only in name and do not participate in operations.

And I really don't know about tax evasion, the actual operation of the company is in charge of the company's general manager Gong Zhaoguang, I am just a deaf ear decoration. "Mi Jiahong's bitterness for a year.

"Then the general manager Gong Zhaoguang was appointed by you or ......," Fang Yi asked.

"The general manager Gong Zhaoguang was appointed by the investor, not by me, and what people want to do is not discussed with me at all, and I can't control them.

In addition to R&D, I am really in charge of this company, and the finance, sales, and procurement are all sent by investors. At first, I was quite beautiful, and I felt that being the chairman of the board of directors had the right. Later, I found out that it was not like that at all, and I, the chairman, was the one who took the blame. Mi Jiahong said.

"So, the actual operation of the company is in the hands of the general manager?" Fang Yi asked.

"Yes. I'm the chairman. There are a lot of businesses I am in charge of, but they are all on paper and have no real rights.

Lawyer Fang, do you say that my situation constitutes the crime of tax evasion? Mi Jiahong looked at Fang Yi.

"How can I say it? The legal representative of the company, as the most important leading member of the company, normally plays a crucial role in the company's decision-making on important issues, and in the case of the company's crimes, it is necessary to bear certain criminal liability.

However, it is also not possible to generalize, for some special circumstances, whether the legal representative needs to bear criminal responsibility needs to see whether the legal representative specifically intervened in the criminal conduct of the unit, and whether or not he played a role in organizing, directing, and making decisions in the course of the unit's crime, so as to judge whether a crime is constituted.

For example, in the case of ex officio, where an individual decides to commit a crime committed by a unit, the person in charge who is directly responsible shall bear the corresponding criminal responsibility.

Therefore, if there is evidence to prove that you really don't know about the company's tax evasion, and it was all done by the people below, you may not be guilty of a crime.

Of course, the main thing is to look at the evidence. In the afternoon, we will go to the procuratorate to read the case file, and we will come back to see you again before the trial and tell you the litigation plan. Fang Yi explained.

(End of chapter)