"Picked up five orders." The thin-faced young man sighed and continued: "The two orders need to go to the Supreme Court of the capital to apply for a retrial, but they were directly rejected by the office.

The two cases are homicide cases, and if they want to reduce their sentences, the second trial will be held soon, and I heard from the lawyer that it is basically a matter of going through the procedure, and there is no hope at all. And the requirements of the parties are quite high, and they are tired of being assigned to anyone, and it is said that one order has been released from the commission and the money has been returned. ”

"Isn't there another order?" The round-faced young man snapped his fingers and said.

"Hey! That's an old SF household, and when it comes to the law, he's more fluent than a lawyer, how can he sign it? The director called me to the office and scolded me.

At the beginning, it was the director who asked me to come over and pull the client, saying that as long as the client came out of the criminal case to pull as much as possible, I was scolded when I really pulled it back, and I couldn't do this job. Skinny Striped Face complained.

"Hey! Who's to say it isn't. You said that this Sidley Law Firm is also true, all the eye-catching cases have been signed, and if people don't sign it, we can't sign it. In this job, it is better to go to the gate of the court to solicit customers. The round-faced young man chimed in.

"Another ......" the round-faced young man had already gotten up and pounced.

Hearing this, the thin striped face got up a little violently, and suddenly felt dizzy, and the little Venus was popping up in front of him. He hurriedly held on to a small tree next to him, and raised one leg like a dog peeing: "Nest grass, the leg is numb!" ”

……

Early the next morning, Fang Yi and Yun Qiao first went to the detention center to meet Liu Mengge, the latter was very rich, probably after taking the initiative to confess to the procuratorate, the burden in his heart was not so heavy, and his mental state was acceptable.

Liu Mengge's account of what happened was really similar to what her husband Tong Zhizheng said before. Then Fang Yi and Yun Qiao went to the court to read the case file.

"Yun Qiao, you contact the procuratorate, judging from today's meeting and reading the case file, this matter is not complicated, I want to talk to the prosecutor in charge of this case and submit a lawyer's opinion." On the way back, Fang Yi pondered.

"Okay. Master, do you think this case may not be a crime enough? Yun Qiao heard Fang Yi's subtext.

"Well, this case is actually quite obvious, and if the court decides, I feel that the evidence is a little insufficient. I don't know why the Public Prosecutor's Office referred this case to the court. Fang Yi didn't quite understand.

When he was about to get off work in the afternoon, Fang Yi kicked out the lawyer's opinion on Liu Mengge's embezzlement case. He had just stretched out and wanted to rest, when Yun Qiao came in and told him that the procuratorate had made an appointment and would go to the procuratorate at ten o'clock tomorrow morning.

Meng Guangda finished packing up the case file on the table and just picked up his bag and was about to go home, when Yu Wendong told him that Dabao had pushed him another case, and the client would come to the law firm for an interview tomorrow.

Early the next morning, Fang Yi revised the lawyer's opinion again and printed a copy for Yun Qiao to bring with him, and then the two went to the procuratorate.

After waiting for a while at the gate of the prosecutor's office, a young female prosecutor walked out.

"Which lawyer is Fang Yi?" The female prosecutor stood at the gate and shouted loudly at several people outside the door.

"I am, this is our entrustment." Fang Yi hurriedly walked over and handed over the entrustment procedures and lawyer's card.

The female prosecutor took the formalities and lawyer's card, glanced at Fang Yi and Yun Qiao expressionlessly, and said "um" in her nose: "Come with me." ”

After entering the office building, Fang Yi and the others were arranged into a small office, and after waiting for about ten minutes, a male prosecutor with gray hair and who looked to be in his forties walked in.

"Hello lawyer Fang, I am the prosecutor in charge of Liu Mengge's case, and my surname is Gao. Do you come here to communicate the facts of the case or ......" After the male prosecutor sat down, he looked at Fang Yi.

"Hello, High Inspector. Yes, I'm here today mainly to communicate about the case. Fang Yi said.

"Oh, something happened to the prosecutor before, I just took over this case two days ago, and I probably read the case. Let me know what you think first. "The attitude of the high prosecutor is very polite.

Fang Yi was stunned, he didn't understand why he suddenly changed the prosecutor who handled the case.

"This is our lawyer's opinion, and I believe that the defendant Liu Mengge does not constitute the crime of embezzlement of public funds." Saying that, Fang Yi took the lawyer's opinion printed out in the morning from Yun Qiao's hand and handed it over.

"Oh? Tell me why. Prosecutor Gao took the lawyer's opinion, glanced at it and asked.

"We believe that, based on the available evidence and facts of this case, the defendant Liu Mengge's conduct does not constitute the crime of embezzlement of public funds, on the following grounds:

1. The essential characteristic of the crime of embezzlement of public funds is that it causes the unit's public funds to get out of control and put them at risk, and the conduct of the defendant Liu Mengge in this case does not conform to this characteristic.

The harmfulness of the crime of embezzlement of public funds is essentially embodied in the following ways: first, it takes public funds out of due control, and second, it puts public funds at risk.

First of all, in the crime of embezzlement of public funds, the ownership of public funds belongs to the unit, and the public funds should be controlled by the unit that enjoys ownership. The perpetrator's illegal violation of the right to control public funds is one of the reasons for the crime of embezzlement.

In this case, the transfer of funds for the purpose of paying for drugs and medical devices was a process of handing over control of the payment between the county hospital and the supplier. As the rightful successor control of the money, the county hospital's provider has the right to exercise, including specifying in advance the direction in which the money will flow.

Therefore, the defendant in this case, Liu Mengge, with the prior consent of the county hospital's supplier, used the equivalent amount of bank acceptance bills from other units to pay off the hospital's arrears, and at the same time caused the hospital's funds to flow to the company operated by her husband, which was in essence exercising the control of the county hospital's supplier, and there was no situation in which the public funds were out of the control of the county hospital.

Second, in this case, the county hospital's payment for medicine and medical equipment was not at risk:

1. The payment of drugs and medical devices is the obligation of the hospital to perform the drug sales contract, and it is inevitable and necessary for the drug and medical device payments determined under the contract to flow out of the hospital;

2. The supplier of the county hospital, as the right holder to accept the drug payment, agrees in advance to settle the drug payment and medical device payment of the county hospital with the bank acceptance draft, that is, the supplier agrees to the change of delivery means;

3. The bank acceptance draft transferred by Liu Mengge's husband Tong Zhizheng's company and the bank transfer check transferred by the county hospital were carried out at the same time, and the amount was equal, and the hospital did not suffer any loss.

Although on the face of it, the county hospital's money was not directly used to pay off the unit's debts, with the prior consent of the supplier and the use of equal bills of exchange as an alternative means of repayment, there is no danger of the drug and medical device payments, and the hospital's debts have actually been paid off in a timely manner, which is not fundamentally different from directly paying the money to the pharmaceutical company. Fang Yi said as he observed the face and eyes of Inspector Gao.