After Du Yong finished speaking, Fang Yi took a cigarette from the table and handed it to Du Yong, after the latter took the cigarette, Fang Yi took out another cigarette from the cigarette case, and Du Yong hurriedly took out a lighter to help him light it.

Fang Yi took two puffs of his cigarette, thought for a moment, and said, "This case is indeed a bit special.

The Criminal Law only expressly stipulates that legitimate defense and emergency avoidance can exclude social harm, and whether other acts, such as acts of self-reliance and acts of harm based on the willingness of the right holder, are acts that eliminate social harm, as far as I know, have only been discussed theoretically, and no court has ruled in judicial practice.

At present, the legitimate rights and interests of individuals can be freely disposed of, including personal property rights, labor rights, privacy rights, and so on. As long as the consent of the rights holder is obtained, destroying his property and disclosing his private information does not constitute the crime of destroying property, insulting, etc.

However, there is no consensus in the theoretical circles on whether the right to personal liberty, the right to life and health, and especially the right to life, can be harmed or deprived by others with the voluntary consent of the rights holders.

Judging from the current cases and judicial practice, it is not possible for others to deprive the victim of his right to life with his or her voluntary consent, otherwise the crime of intentional homicide will be constituted. ”

"So how should this case be defended, or which is the most appropriate point to start? I've always felt that this case has a point for a lawyer to play, but now I have a fog in my head, and I really can't figure it out. Du Yong asked with a blank face.

Fang Yi thought for a while, snuffed out the cigarette butt in the ashtray, and looked up at him: "In this case, although the victim woman Tian Jiafeng voluntarily agreed to the defendant Tong Zhong to resell it, the victim's behavior can be regarded as a reflection of her true intentions.

However, from another point of view, Tian Jiafeng's right to make independent choices was limited by the subjective and objective circumstances at the time, and Tong Zhonglai's resale of Tian Jiafeng violated social order and good customs, had a certain degree of social harm, and was prohibited by law. Therefore, I think it is appropriate to convict the defendant Tong Zhonglai of the crime of abducting and trafficking women, and the court will most likely sentence it in the same way.

Although in the eyes of ordinary people, Tong Zhonglai is not a good person, and he is the same as human traffickers, after all, there is no trafficking without trading.

However, in view of the fact that defendant Tong Zhonglai expressed his willingness to send Tian Jiafeng home after buying the abducted and trafficked woman Tian Jiafeng, on the basis of paragraph 6 of article 241 of the Criminal Law, where the abducted and trafficked woman is bought and does not hinder her return to her original place of residence in accordance with the wishes of the purchased woman, criminal responsibility may not be pursued, taking into account the specific circumstances of the defendant selling her to others at Tian Jiafeng's request.

I think you can suggest that the court give the defendant a lenient punishment in terms of specific sentencing. I think this is a point, and it is impossible to change the crime.

But ......"

"But what?" Du Yong asked.

"This kind of case, if you really do it, you may be scolded by the masses. You'd better be prepared. Fang Yi added.

"Well, I've thought about it since I took on this case. If the court sentences the defendant to death according to the law, I will never mess around for money. However, if the law does not sentence the defendant to death at all, it is the fault of the law, not my fault. That's what I do.

The mouth is someone else's, just say whatever you like, I can't stop it. To do this job, being scolded by others is a high probability event. Du Yong smiled.

"Well, just think about it. I have met some lawyers, because they have taken on cases that have a very high social influence, and later the judgment of the case does not meet the expectations of the public, and the lawyers and judges are scolded and dare not go out, and they are depressed...... It's good that you can think so thoroughly, but you must pay attention to self-protection in the process of handling cases. Fang Yi said earnestly.

"Well, I will, thank you, Lawyer Fang." After Du Yong finished speaking, he packed up the case file and left the office.

……

On Thursday, Mi Jiahong's tax evasion case finally went to trial. Because it was a unit crime, the first defendant in the case was a pharmaceutical company, and the second defendant was Mi Jiahong.

According to the allegations in the indictment, while serving as the legal representative of the pharmaceutical company, the defendant Mi Jiahong took the rheumatic plaster produced by the company from the pharmaceutical company in the form of a white slip and handed it over to the business personnel for sale, and the sales amount was not recorded in the accounts, nor did he declare and pay taxes to the State Taxation Bureau, and the suspected tax evasion amounted to more than 7.6 million yuan, accounting for 54.62% of the tax payable in the same period.

The prosecutor held that the acts of the defendant pharmaceutical company and the defendant Mi Jiahong constituted the crime of tax evasion, and requested the court to convict and punish the defendant pharmaceutical company and the defendant Mi Jiahong in accordance with articles 201 and 211 of the Criminal Law.

"Second defendant Mi Jiahong, did you hear 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 frowned and looked at Mi Jiahong in the defendant's seat.

Mi Jiahong in the dock was very calm, he felt that he had lived for half his life, abided by the law, and had never done anything lacking in virtue, but he was about to retire but became a defendant inexplicably, and he was also a defendant in a criminal case, which made him feel very aggrieved and angry.

"I do not accept the charges and the facts of the crime alleged by the prosecutor, and I have never taken the product from the company, nor have I instructed the business personnel to do so. I had no idea that the sales had not been credited. Mi Jiahong argued.

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

"Defendant Mi Jiahong, what position do you hold in the pharmaceutical company?" The inspector asked.

"I am the chairman and legal representative, as well as the director and chief expert of the R&D department." Mi Jiahong said proudly.

"What are you responsible for in the company?" The inspector asked.

"I am responsible for the production, inventory, sales, tax declaration and other relevant departments of the company's pharmaceutical products, but I am not actually responsible ......for it," Mi Jiahong wanted to explain, but was interrupted by the inspector.

"Defendant Mi Jiahong, what do I ask, what do you answer, if you have contrary evidence, you can put it forward in the process of presenting evidence and cross-examination, do you understand?" The inspector said coldly.

"But what you're asking isn't the actual situation, I need to explain, why don't you give me a chance to explain? Where is the fairness and justice that you are clamoring for? ......" Mi Jiahong was furious.

Originally, he was inexplicably the defendant and had a fire in his heart, but now it broke out directly.

"Defendant, calm down, calm down!" Seeing that the defendant was in a hurry, the judge hurriedly picked up the gavel, knocked it twice, and reprimanded: "Pay attention to court discipline." ”

Seeing this, the bailiff hurriedly walked to Mi Jiahong's side and pressed his shoulder with his hand to prevent him from acting aggressively.

There's one more chapter to wait a little bit on.

(End of chapter)