"Oh, that's it! Lawyer Fang, how many years do you say my lover will be sentenced to prison? In Tong Zhizheng's opinion, his daughter-in-law has been arrested, which must constitute a crime, otherwise the procuratorate can arrest people casually?

"If this case is as you say, I don't think it necessarily constitutes the crime of embezzlement." Fang Yi flicked the cigarette ash in the glass ashtray.

"Well, there were lawyers who said this before, but then they told me that my daughter-in-law may be guilty of embezzlement." Tong Zhizheng's eyes flickered.

"Oh? What are the reasons for the offence of embezzlement? Fang Yi asked curiously.

"The reason is that my Courtyard Company exchanged a bank acceptance draft with a certain acceptance period for a transfer check to be paid at sight, and my daughter-in-law's behavior was in essence taking advantage of the convenience of a state functionary to embezzle the discount interest on the bank acceptance draft of the same amount as the bank transfer check.

I admit that I took advantage of the hospital's discounted interest, but the hospital didn't lose anything. The bank acceptance draft I gave also helped the hospital pay off its debts! So I couldn't figure it out.

You say, will the court convict my daughter-in-law of embezzlement? Tong Zhizheng looked at Fang Yi with a confused expression.

"Generally speaking, if the court finds that the charges prosecuted by the procuratorate are improper during the trial, it will prompt the procuratorate to change the charges, but if the procuratorate does not change it, the court has the right to sentence according to the charges ascertained during the trial." Fang Yi explained.

"That means it's possible to convict my daughter-in-law of embezzlement?" Tong Zhizheng asked with a tangled expression.

"What I just said is only the possibility of the court during the trial, but in the case of your lover, I don't think it constitutes a crime of embezzlement." Fang Yi finished speaking, and picked up the teaglass.

Tong Zhizheng saw that Fang Yi was halfway through his words, so he stopped, and he didn't say that he was ugly, he felt as uncomfortable as being scratched by a cat, and immediately took out a stack of money from his handbag and put it on the tea table: "Lawyer Fang, I know that you have to pay a consultation fee to find a lawyer." I don't know how much you pay per hour, but we should make friends, and you can take the money. ”

Fang Yi was stunned, glanced at the money on the table, and the thick stack was 10,000 yuan.

He immediately understood that Tong Zhizheng must have misunderstood what he meant, he was just thirsty and drinking water from a cup, but he didn't mean to ask for a consultation fee.

"Mr. Tong, if you do this, you will see the outside. You are a friend of Sister Lan, how can I ask for your consultation fee. Fang Yi put down the teacup and said: "I said that your lover is not guilty of corruption, not to lie and cheat you on the consulting fee." ”

Tong Zhizheng nodded hurriedly: "Well, I understand, you are a well-known local criminal defense lawyer, and I know that you can come today not for money, but for Sister Chonglan's relationship."

But I have to give this money, this matter is related to my lover's personal freedom, you answer my questions, I pay you rightly, you don't have to shirk.

You say that my lover is not enough to commit corruption, so what is your reason? ”

"If what you just said is true, and I don't see the case file right now, I mean if it's ......, you know what I mean." Fang Yi first limited the prerequisites to avoid major changes in the circumstances of the case, and Tong Zhizheng said that he was in vain.

"Well, what I said is absolutely true. I believe what my daughter-in-law said in the procuratorate is the same as what I told you. Tong Zhizheng replied, and his expression was almost sworn to the sky.

Fang Yi was stunned again, all the same? Mr. Tong dares to say that there are only two situations, one is that the husband and wife have discussed it before, and the external caliber is the same; The other is that this is the case, and there is no need to make it up.

"I believe that your lover Liu Mengge did not illegally occupy public funds, and his behavior does not constitute the crime of embezzlement. The reasons are:

First, in this case, the pharmacist and the medical device manufacturer did not discount the unexpired bank acceptance draft immediately after obtaining it, and there was no loss of discount interest.

Banker's acceptance bill can be used not only as a credit instrument, but also as a means of payment. When a bill of exchange is used for a transaction through an endorsement or other instrumental behavior, it has the same function as an equal amount of cash and a check to settle debts.

Previously, some lawyers believed that your lover was suspected of corruption, and I thought that what they thought was that the bill discount was just a hypothesis, assuming that the holder of the bill might be discounted immediately, rather than using the bill through endorsement and other bill behaviors, and the bearer, that is, the pharmaceutical dealer and the medical device chamber of commerce, would lose the discount interest. But it's a mindset that replaces necessity and reality with possibility.

Criminal law only punishes actual harm or danger, not possible harm or danger. In fact, the real bills of exchange provided by your lover Liu Mengge, which were endorsed and transferred by the county hospital to the suppliers of medicine and medical devices, have been paid in full by the bank after the endorsement and transfer, and the suppliers of the county hospital have not lost any so-called discounts.

It can be seen that no one in this case has suffered the loss of the discount, that is, there is no factual basis for believing that your lover is in possession of this part of the discount. ”

After finishing speaking, Fang Yi looked at Tong Zhizheng, who kept nodding while pondering Fang Yi's words.

"Second, the object of the crime of embezzlement is the money of the unit. In this case, the hospital's debts were settled after the banker's acceptance draft was delivered to the county hospital's supplier.

Suppose that the supplier of the county hospital gets the unexpired bank acceptance draft and immediately discounts the bank acceptance draft, and your wife has appropriated the discount in some way, but this part of the discount is also the loss suffered by the supplier of the county hospital.

After the creditor's rights and debts between the county hospital and the supplier are settled, the hospital will not bear any losses, and it is the interests of the supplier that are really infringed.

So I don't think your lover's actions constitute the crime of embezzlement in this case. Fang Yi continued to explain.

After finishing speaking, Fang Yi picked up the teacup and drank tea by himself, Tong Zhizheng took out a cigarette, lit it and smoked while digesting Fang Yi's words just now. Although he doesn't know much about the law, he understands bank drafts, and he still has basic logical thinking.

After a while, Tong Zhizheng slapped his thigh and looked at Fang Yi: "Lawyer Fang, I understand what you mean." You're right, the lawyer's statement before is really problematic, and this matter has nothing to do with the county hospital at all.

What about embezzlement? Does my daughter-in-law commit embezzlement? ”

"As I said just now, your lover may not constitute the crime of embezzlement, of course, this is just listening to your side, after all, I haven't seen the case file." Fang Yi's words left a gap, and he didn't say it to death.

"Oh? How do you explain this? Tong Zhizheng's eyes shone brightly, and a trace of excitement flashed in his eyes.

"Although your lover Liu Mengge transferred the public funds of the county hospital to your company, she also handed over the bank acceptance draft of the same amount to the county hospital's accountant for accounting and paid it to the supplier of the county hospital as medicine.

The acceptance of the bank acceptance bill is guaranteed, and in the whole process of the matter, your lover did not cause any loss to the county hospital, and the supplier was paid when due, and there was no loss, so your lover's behavior does not meet the constitutive elements of the crime of embezzlement.

In my opinion, the behavior of your lover Liu Mengge is only a violation of financial discipline, and the harm to society is not great, so it should not be regarded as a crime. Fang Yi explained.

There are two more chapters in the evening.