Chapter 956: Why Didn't You Arrest People?
Mao Yuchuan kept thinking on the way back, it seems that Sidley Law Firm is okay, since Fang Yi is the legal counsel of Shengfeng Group, the level must not be bad, Gao Jinlan does not suffer, and the lawyer who can cooperate with her for many years must have two brushes. Mao Dong sat in the passenger seat, and when he saw that his father sitting in the back seat had not spoken, he couldn't hold back: "Dad, do you think about cooperation?" ”
"Well, I think the strength of this law firm is okay, so let's take out the lime mine cooperation first, and I will let the people in the mine go to the law firm to talk to them in the next few days." You are involved in the negotiation from start to finish, and you are responsible for coordinating this. Mao Yuchuan said.
"Okay, I'll get things done." Mao Dongle's mouth was almost grinning on his cheeks.
"By the way, the one surnamed Wu who is with you, do you understand?" Mao Yuchuan asked.
"You're talking about Brother Wu, he has a background, his company's company is big, but he has always been relatively low-key. It's our locals. Mao Dong introduced.
"Wu family, low-key...... Could it be Wu Shengguang? Mao Yuchuan's eyes suddenly lit up, if it was true, this law firm must have a lot of relationship with Wu Shengguang, otherwise how could he put the children of the family here.
……
The next morning, Fang Yi met the driver that Sister Lan said, his name was Ma Liangyou. With him was his daughter-in-law Qian Qin.
Ma Liangyou looks a little dark, with a slight beer belly, and he looks quite honest. His daughter-in-law Qian Qin's body shape is a bit similar to Sister Lan, but she is fatter than Sister Lan, with a big round face and big eyes, and she looks quite shrewd.
"Mr. Ma, please explain the incident." Since I promised Sister Lan, I will definitely have to handle this case by myself.
Yun Qiao blinked his eyes wide, and he was on the side, making notes.
She heard that the master had taken over a private prosecution case, and she had never done a private prosecution case, so she was curious, so she thought that Fang Yi wanted to work together on this case. It just so happened that Fang Yi also wanted her to practice more, so he agreed.
"I don't blame Boss Liu for this, Boss Liu entrusted me to make a batch of stainless steel putty knives, the materials were provided by Boss Liu, and I was only responsible for processing and making some hard money.
It was all smooth at first, and when the delivery was about to be made, my son came in time to bring a customer. The customer saw that the stainless steel putty knife we made for Boss Liu was made of real materials, and he was in a hurry to use it, so he wanted to buy this batch of goods.
I didn't agree at the time, and then the client left.
Two days later, Boss Liu sent someone to pull the goods, and I opened the warehouse to find that the goods were gone. At that time, I was confused, stainless steel putty knives are not a rare object, why did anyone steal this?
I called the police on the same day and told Boss Liu the truth, but Boss Liu didn't say anything. When my son Ma Xu came home that night, he heard that the warehouse had been stolen, he had lost his stainless steel putty knife, and I had called the police, and his face was extremely ugly.
Under my questioning, my son told me that he had smuggled out the stainless steel putty knife from the warehouse and had already sold it, so he sold it to the customer he had brought before.
I asked him why, and he said that the price given by others was high, and he wanted to make more money, and then make a batch for Boss Liu, and sell it wherever he put it anyway.
At that time, I was angry, and the coffee table at home was smashed. At that time, I called Boss Liu and told me what happened, and apologized and apologized, but Boss Liu didn't do it, saying that I was not trustworthy and a big liar, and wanted to sue me.
Later, Boss Liu went to the police station to report the case, and the public security organs chased back the batch of stainless steel putty knives.
After that, Boss Liu went to the police station to report the case, saying that I had embezzled his property and wanted me to go to jail. The police station did not file a case. He went to the procuratorate again, and after the procuratorate asked me about the situation, they took him to the court, saying that the crime of embezzlement was a private prosecution and that the procuratorate did not care.
Boss Liu listened to the words of the procuratorate and went to the county court to prosecute me for embezzlement. The other day, the court called me in and gave me a notice of hearing. With that, Ma Liangyou took out the summons and handed it to Fang Yi.
"Lawyer Fang, what is this private prosecution?" Ma Liangyou's daughter-in-law looked at Fang Yi blankly.
Fang Yi was stunned: "Have you consulted a lawyer before?" ”
"Nope." Qian Qin shook his head.
"We thought that the police station and the procuratorate didn't care, and it shouldn't be a big deal, so we didn't take it seriously. Who knew that the court was in charge, and it sent me a notice. Ma Liangyou said.
"Lawyer Fang, are you saying that this matter is strange, isn't it said that the public security bureau and the procuratorate are in charge of the crime arrest, and the court is in charge of this matter, but they didn't come to the house to arrest people?" Qian Qin looked at Fang Yi suspiciously.
In her opinion, in criminal cases, the judicial organs must arrest people and lock them up in prisons, how can they let the defendant wander around blindly.
"I have to explain this to the two of you, the 'private prosecution' you mentioned is not a crime stipulated in the Criminal Law, it should be a private prosecution case, and private prosecution cases include three categories:
1. Cases that are handled only after being told;
2. Minor criminal cases in which the victim has evidence to prove it;
3. Cases where the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property should be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.
The first category of criminal cases handled by complaining includes: 1. Insult and defamation cases (except for those that seriously endanger social order and national interests); 2. Cases of violent interference with freedom of marriage; 3. Cases of abuse (except where the victim is unable to make a complaint, or is unable to make a complaint due to coercion or intimidation); 4. Cases of embezzlement.
In your case, the crime prosecuted by the other party is a case of embezzlement, which is a case that is handled only after a complaint, and does not belong to a public prosecution case, so the public security organs and the procuratorate do not care, and the victim can only go to the court to prosecute.
In addition, "arrest" refers to a compulsory measure taken by public security organs, people's procuratorates, and people's courts to temporarily deprive criminal suspects or defendants of their personal liberty in accordance with law in order to prevent them from committing acts that obstruct criminal proceedings, evade investigation, prosecution, or trial, or cause danger to society.
In a private prosecution case directly accepted by the court, only when it is deemed necessary to arrest the defendant will the case-handling personnel submit it to the president of the court for a decision. The arrest of defendants in major, difficult, or complicated cases is to be submitted to the adjudication committee for discussion and decision.
In ordinary private prosecution cases, the court will not arrest the defendant before the verdict is announced, after all, it is a private prosecution case, and the harm does not reach the level of a public prosecution case, so there is no need to arrest the defendant. Of course, if you are found guilty, you will also have to go to jail. Fang Yi explained.
"Oh, that's the case, can my case constitute the crime of embezzlement?" After listening to Fang Yi's words, Ma Liangyou's heart fetched water with fifteen buckets, seven up and eight down, a little panicked.
"Based on what you said, I don't think you have necessarily committed the crime of misappropriation. Of course, you have to go to the court to read the case file and see what evidence the other party has provided. Fang Yi said.
"Lawyer Fang, if it does not constitute the crime of embezzlement, why did the court file a case against Boss Liu?" Qian Qin asked with a puzzled expression.
Today's three watches!