The square-faced male lawyer also wants to take on this case and make a lot of money, but if he follows the fat lawyer's thinking, people will definitely think that the fat lawyer's thinking is right, and ignore him, he is not a red flower, but an inconspicuous green leaf, so he feels that it is necessary to go in the opposite direction and live to die, maybe he can win a certain opportunity.

"I think so, dictionaries, especially some non-professional dictionaries, are not necessarily accurate in their interpretations of the terms used in the Criminal Law, and sometimes they are even inconsistent with the normative interpretations made by the Legislative Affairs Committee of the National People's Congress, the Supreme People's Court, and the Supreme People's Procuratorate, and conflict with the provisions of the Criminal Law itself.

According to the dictionary, 'selling Y' refers to the sale of body R by women, and after the decision on the strict prohibition of the sale of Y for prostitution, the definition of "selling Y" in the criminal law is clearly not limited to women, but also includes men selling body R.

It can be seen that the dictionary's interpretation of criminal law terms cannot be the 'legal basis' for determining the charges in specific cases, nor can the dictionary's interpretation replace the normative interpretation of criminal law terms.

Therefore, I believe that this case can only be used as a defense of minor crimes, not a defense of innocence. The square-faced male lawyer then explained.

The fat lawyer's face is not too good-looking, which is obviously saying that he is not professional enough.

Seeing that the rhythm was up, Assistant Sven sat aside and didn't say much, just listened quietly.

The professor pondered with a teacup, and two of the four legal people at the same table had already put forward-for-tat opinions, and he didn't make a head rafter, but he couldn't wait for the owner to ask for an opinion by name, which would be too passive.

"That's what I think, 'selling Y' usually refers to the act of a woman trading X with an unspecified man for the purpose of profit.

However, with the change of legislation, the act of a man trading X with an unspecified woman for the purpose of making a profit should also be recognized as "selling Y".

There are cases of both of the above, the former is a chicken, the latter is a duck, and everyone here should know this.

With the development of the times and the changes in social living conditions, the extension of "selling Y" has a tendency to further expand, and the form has also changed.

I think that in addition to gender, we should also consider whether this behavior is for profit, and we should consider it comprehensively...... "The professor's words go around and around without saying the conclusion, and the summary is one sentence: this matter is not decided, and then we will discuss it, but I have studied this kind of case, and I am a professional.

Fang Yi was amused in his heart, the old guy started to play Tai Chi! Can't you just say something?

"Lawyer Fang, what do you think?" Just when Fang Yi was watching the play, Mr. Liu spoke.

"I agree with Lawyer Liu." Fang Yi looked at the square-faced male lawyer, he felt that what this benevolent brother said was very true, but it was very likely that he would not get the commission.

Fang Yi is disgusted with this kind of case, and he doesn't really want to take on this case, but since he came, he has to say a few words, the labor fee is not so easy to get, and he has to show some real skills.

In addition, Fang Yi also has his careful thoughts, he doesn't want to be at the front, since what the square-faced male lawyer said is reasonable, it is better to support him and put him in front.

"My reasoning is:

1. The Criminal Law itself, relevant legislation, and judicial interpretations have not clearly defined the meaning of the term 'selling Y' in the Criminal Law, nor have they clearly limited it to transactions between people of the opposite sex.

In view of this, the 'sale of Y' should also include same-sex trafficking, which does not contradict existing legislation and effective criminal law interpretations.

2. The essential characteristic of 'selling Y' as stipulated in the Criminal Law is that it is an act of selling R for the purpose of making a profit and trading with an unspecified person. As to whether the perpetrator's gender is male or female, and whether the perpetrator is of the opposite sex or the same sex, these are not factors to be examined in judging and determining whether the perpetrator's conduct constitutes the crime.

Because whether it is a woman or a man, whether it is the opposite sex or the same sex, it violates basic ethics and moral norms, poisons the social atmosphere, and corrupts the good customs of the society.

Therefore, same-sex transactions also constitute the crime of organizing the sale of Y, and pursuing the criminal responsibility of the organizers does not violate the spirit of the legislation.

3. Society is constantly evolving, and the interpretation of criminal law terms is not static. The terminology of the criminal law should be adapted to social development, combined with the realistic context, and an interpretation that conforms to realistic ethics and morality......" Fang Yi explained.

But if you explain it this way, will it violate the principle of legality? After all, there is no clear legal provision. The professor held his teacup and felt the need to stop to show his profession.

Fang Yi looked at the professor and said with a smile: "No, this does not violate the principle of legality of crimes, on the contrary, it just implements the principle of legality of crimes." As you said earlier, the times are evolving, and the conditions of social life are also constantly changing.

Therefore, the meaning of a legal word is also gradually evolving; Since the enactment of the law, the words used in it will take on new meanings as society continues to develop.

In other words, no one interpretation can make a final and authoritative interpretation of the legal vocabulary, otherwise the openness of the legal vocabulary will be limited, and the legal provisions will not be able to adapt to the development of society.

In my opinion, when interpreting a certain term of criminal law, it is necessary to define the precise meaning of the term in accordance with the development and changes of the facts of social life, otherwise it will artificially suffocate the life of the criminal law and make it impossible for the criminal law to effectively realize its function of punishing crimes and protecting legal interests. ”

Fang Yi's explanation is completely in line with the professor's explanation just now, don't you like to mention social development, then okay, I'll use your spear to break your shield, and see if your spear is powerful, or your shield is strong.

How could the professor not know Fang Yi's thoughts, but he was not easy to refute, so he could only hold his breath secretly, bow his head and drink tea and stop talking, I have to say that the professor's qi cultivation kung fu is still very well cultivated.

The square-faced male lawyer looked at Fang Yi and said in his heart: This buddy can be friends, and his words are very powerful at critical moments!

The four people are divided into three parties, although Fang Yi and the square-faced male lawyer seem to have the upper hand, but Fang Yi knows that the probability of the client entrusting the case to him is almost zero. Because the opinions of myself and the square-faced male lawyer do not meet the psychological expectations of the client.

For a whole afternoon, the case seminar turned into a debate meeting, and it was not until five o'clock that the debate ended, and after Assistant Sven gave each of them 50,000 yuan in cash, everyone left the conference room.

After Secretary Wu received the news from Fang Yi that the meeting was over, he rushed over.

"Lawyer Fang, how is it?" In the underground parking lot, Fang Yi sat in Secretary Wu's Mercedes-Benz, and the latter asked.

"There is little hope in this case, the defendant is the principal offender, and according to the provisions of the Criminal Law, the defendant will be sentenced to five to ten years in prison." Fang Yi replied.

"So serious?" Secretary Wu asked in surprise.

(End of chapter)