Chapter 953: You Have to Taste It!
"Oh, I guess I see. I'll take a look:
In this case, the defendant Fang Yunlin was entangled by the victim Gu Chuanfu several times, his personal safety was threatened, and his property rights were also violated many times, so Fang Yunlin committed the act of killing Gu Chuanfu.
On the face of it, the victim in this case has met the five conditions for the victim's fault, but because Gu Chuanfu's conduct was caused by Fang Yunlin's prior illegal acts, it cannot be simply determined that Gu Chuanfu is at fault.
In other words, the cause of this case was that Fang Yunlin gathered Gu Chuanfu to participate in the theft several years ago, and did not give Gu Chuanfu the stolen goods afterwards, and then Gu Chuanfu pestered Fang Yunlin many times to ask for stolen money.
Fang Yunlin and Gu Chuanfu both committed theft, and the content of their dispute was the uneven possession of the stolen money, and the possession of the stolen money was not a legitimate interest or legitimate interest, and Gu Chuanfu's conduct could not be found to be the fault of the victim because it lacked the legitimacy of the infringement of interests.
Shouldn't it be understood that way? Du Yong looked at Fang Yi, Lawyer Song, Meng Guangda and others.
Fang Yi smiled and nodded, agreeing, and Lawyer Song and Meng Guangda also agreed.
Meng Guangda continued Du Yong's words and said: "If Gu Chuanfu's behavior of asking for money is separated from Fang Yunlin's behavior of gathering Gu Chuanfu to steal, and Gu Chuanfu's threatening and forcible behavior is recognized as fault, it is tantamount to admitting that Fang Yunlin has the right to legally occupy the stolen property."
This is clearly contrary to the idea that the law comprehensively negates and punishes theft. Of course, this is not to say that Gu Chuanfu's conduct is not responsible for the triggering of the case, but the act cannot be found to be the fault of the victim and thus reduce the degree to which the defendant Fang Yunlin should be condemned.
In this case, the victim Gu Chuanfu's conduct cannot be found to be a fault in the sense of the criminal law, and the defendant Fang Yunlin has no statutory or discretionary mitigating circumstances, and he intentionally killed one person, and he is a recidivist and should be punished more severely in accordance with the provisions of the Criminal Law, so the probability that the defendant Fang Yunlin will be sentenced to death is very high. ”
"Do you have any other opinions? Or something to add? Fang Yi looked at everyone.
Everyone, you look at me, I look at you, and no one speaks.
"Okay, by the way, I'll convey the notice of the law firm, let's not participate in the demolition case in Xiongxian County in the north, this is a verbal notice issued from above." After Fang Yi finished speaking, everyone smiled understandingly.
"Boss, we don't handle demolition cases, only criminal cases, this notice has no meaning to us." Zhou Ying said with a smile.
"Well, that's what I said, but I still have to convey what needs to be conveyed, and you just know that there is such a thing.
In recent years, there have been many places for demolition, and the fees for demolition lawsuits are also quite high.
I will never stop everyone from getting rich, but my team does not do administrative litigation. Fang Yi said seriously.
Everyone didn't talk, Fang Yi's meaning was very clear, the team only handles criminal cases, and other cases are not done, if you want to do it, you can leave the team and do it alone. Fang Yi is also afraid that everyone will have a hammer in the east and a stick in the west, and in order to make money, he will waste his ability to eat.
In other words, the demolition business is not a long-term solution, and it is very affected by the policy, and once the relocation is stopped, there is no possibility of further growth in this business. Moreover, it is normal for a case like demolition to go through the procedure without a result for two or three years (it is said that there are cases that have not been resolved in seven or eight years).
The lawyer doesn't matter, he can wait as long as he gets the money, but the parties can't stand it, and in the end it must be thunder, which has a great impact on the reputation of the law firm, so basically the first-tier law firms are reluctant to do the demolition of the lawyers in the firm, although they can make a lot of money, but they ruin their reputation and offend existing customers. You'll have to savor it!
"Lawyer Fang, everyone is good at criminal litigation and has never done administrative litigation, so our professional direction is also criminal, and we don't want to get involved in any demolition cases." Meng Guangda taught criminal law at the university, and he has been focusing on criminal law since he came out to practice, and he definitely doesn't want to change his practice field casually, so he took the lead in expressing his position.
Everyone also reviewed and expressed their attitude.
Fang Yi can't do this, he doesn't want his team's lawyers to be in the middle of nowhere, if he wants to leave and earn money for the demolition, he will definitely not stop him, but he will definitely not stay. This is also the agreement he reached after discussing with Wan Kefa and Du Sanniang.
Sidley Austin does not do demolition because after three years, Sidley will participate in the government's bidding for legal services, and it does not want to make money to stiffen the relationship. This is not in line with Sidley's long-term development plan.
"Is there anything else you can do?" Fang Yi looked at his watch, it was past the end of work, seeing everyone, you look at me, I look at you, no one spoke, Fang Yi continued: "Then disperse." ”
Yun Qiao raised his hand and said, "Master, my sister is at the gate, I'll pick her up." Wait a minute, everyone, there are benefits! ”
Everyone laughed when they heard this, knowing that it was Yunmei who came. After moving to the new office location, Yunmei came twice, the first time was to discuss the tea association's visit to the law firm, and in fact, to introduce clients to the law firm.
The second time was after Fang Yi transferred the lawyer's card, she came over to go out for a meal with everyone and celebrate.
This is the third time to come, since there are benefits, let's wait, everyone sat and chatted and didn't leave.
After a while, the office door opened, and Yunmei walked in: "It's too hot today, I bought some sorbet and ice cream, let's eat some and go to the heat."
Lawyer Song, Da Ge, don't you like to drink the Arctic Ocean, I specially approved a few boxes, put them in the office, and wanted to drink them and pick them up. Don't be a customer. ”
The driver behind Yunmei pushed a flatbed truck in, and it was full of piles.
Yunmei is very familiar with everyone and doesn't have much of a fight, so the lawyers in the team have a good impression of her.
Fang Yi knew that this was his daughter-in-law helping him buy people's hearts, Yunmei once said that the best way to buy human nature is not to give gold and silver, it is a small favor that makes people feel comfortable, but they don't feel anything. At this point, Yunmei did a very good job.
"Sister Yunmei, I just finished dividing the ice cream in the Xiaoice box, and I am preparing to replenish the stock next Monday, this is good, save money." Zhou Ying said with a smile.
After everyone left, Fang Yi looked at Yunmei: "Why are you here?" ”
"Our Tea Association has a party tonight, and there happens to be a boss who wants to invest here and wants to talk to Director Wan. You can go over with you," Yunmei smiled.
Fang Yi understood what Yunmei meant, she wanted to let herself know more people, expand her contacts, and expand her business in the future.
"Good. Have you made an appointment with Director Wan? Fang Yi asked.
"I'll make an appointment, and I'll leave in a moment." Yunmei said, tidying up his shirt for him: "Do you have a tie in your office?" Tie it for a more formal look. ”
……
Three chapters today!