"In terms of the characterization of the case, I agree with Lawyer Du's opinion, in terms of sentencing, I think this case is somewhat special, and it is also where the lawyer reflects the value.

Personally, I believe that when sentencing this case, the defendant's motives, targets, and voluntary surrender should be fully considered, and I speculate that it will be between three and ten years. Fang Yi said.

"Yun Qiao has written it down?" Zhou Ying turned her head to look at Yun Qiao.

"Remember, don't worry, I still have a voice recorder here." Yun Qiao said with a grin.

"When did you two get so serious, and you still have a recording." Meng Guangda was a little confused.

"The old rule, whoever loses is treated." Zhou Ying said with a smile.

"Last time, we could talk about the qualitative aspect of the case, not the sentencing." Fang Yi immediately reminded.

"I'll go, don't you trap me in it!" Meng Guangda covered his face with both hands.

Cao Yongzheng also had a bitter face, looking at this, the probability of losing is very high, he didn't get his salary on the first day of work, and he went to a meal first, this team is too pitiful!

Fang Yi saw the change in Cao Yongzheng's eyes, and said with a smile: "Xiao Cao, you are new here, you don't know the rules of the meeting, your opinion on winning or losing this time doesn't count, just go to dinner." ”

Cao Yongzheng was overjoyed in his heart, and his face was a little embarrassed.

"Lawyer Cao, next time you follow me, see what I say, you can say yes." Zhou Ying said to Cao Yongzheng.

"Don't listen to her, she's been treated five times." Meng Guangda smiled and revealed Zhou Ying's old bottom.

", don't bring this." Zhou Ying pretended to be angry.

Cao Yongzheng looked stupid, and said secretly: This team ...... It's really active, but I like it.

On Monday, Mr. Qiu came to Sidley Austin.

"Lawyer Fang, according to what you said, my daughter-in-law will definitely be sentenced?" After listening to Fang Yi's analysis of the case, Qiu Naijun looked at him directly.

But he thought about it again, too, the child was beaten to death by his daughter-in-law, how could the court acquit the daughter-in-law, the palms and backs of his hands were full of meat!

"Well, yes. We can only defend the guilt of the lesser crimes, but after all, your daughter has died, and I am afraid that the verdict will not be too optimistic. Fang Yi tried his best to lower the other party's psychological expectations.

"How many years will it be sentenced?" Qiu Naijun frowned.

"In accordance with the law, the sentence shall be imprisonment of not less than 10 years, life imprisonment or death. However, after analyzing the whole case, we feel that there is hope that the sentence will be reduced to less than 10 years. Fang Yi replied.

"Well, then please. …… My daughter-in-law, is she okay inside? Qiu Naijun's mood was a little twisted.

"It's okay, it's just that the mental pressure is relatively high." Fang Yi replied.

……

Within a few days, the results of Liu Mengge's embezzlement case came out, and the procuratorate asked the court to withdraw the indictment. The court held that the procuratorate's request to withdraw the indictment before the verdict was pronounced in the case was in accordance with the law and should be granted. In accordance with Article 177 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China, the procuratorate was allowed to withdraw the indictment.

Subsequently, Yun Qiao communicated with the senior prosecutor in charge of the case, and finally the procuratorate believed that Liu Mengge did not constitute the crime of embezzlement of public funds and made a decision not to prosecute.

Less than an hour after Yun Qiao received the decision not to prosecute, Tong Zhizheng and Liu Mengge walked into the conference room of Sidley Law Firm with excited faces.

"Lawyer Fang, is my case closed? You won't sue me again, will you?! Liu Mengge's hands trembling slightly with the decision not to prosecute, she raised her head to look at Fang Yi.

"Yes, your case is closed and there will be no further prosecution unless there is new evidence to prove your guilt." Fang Yi smiled.

"Lawyer Fang, this decision to withdraw the prosecution and not to prosecute, after all, is it not a court judgment, can it be done?" Tong Zhizheng was a little worried.

"Let's put it this way, the withdrawal of the prosecution is a request from the procuratorate to the court to terminate the erroneous prosecution, and after the court rules to allow the withdrawal of the prosecution, the public prosecution is withdrawn, and the prosecution procedure for the facts alleged in the original prosecution is concluded.

The direct legal consequences of the procuratorate's withdrawal of the indictment are: 1. The conclusion of the litigation procedure. 2. The defendant is legally innocent. 3. No further prosecution may be made for the same facts and evidence. Fang Yi explained.

"Lawyer Fang, can I ask for state compensation?" Liu Mengge asked.

"Now that the proceedings have been concluded, the prosecutor's office should immediately lift the coercive measures against you. At the same time, the withdrawal of the prosecution indicates that the previous prosecution procedure was wrong, and you certainly have the right to apply for state compensation on the part of the procuratorate as the organ obligated to pay compensation. After Fang Yi finished speaking, he added: "I heard that the prosecutor who handled your case before has been transferred because of professional ability. ”

"Hey, after staying in it for so many days, I am also angry......" Liu Mengge sighed, she understood the meaning of Fang Yi's last sentence.

are all mixed in one place, look down and don't look up, there is indeed a violation of discipline in their own operation in the hospital, Liu Mengge thought about it, forget it, more is better than less, sometimes going through legal procedures is just the last way to solve things, but it is definitely not the best way, don't compensate!

At noon, Liu Mengge and his wife invited Fang Yi and Yun Qiao to lunch at a high-end restaurant in the city to show their gratitude. During the meal, Tong Zhizheng mentioned that his company's legal counsel had expired and wanted to be replaced by Sidley Law Firm, and Fang Yi was naturally happy. So it was negotiated for a legal counsel business.

After eating, Yun Qiao and Fang Yi drove back to the law firm and chatted on the road.

"Master, the procuratorate's procedure for withdrawing the prosecution is quite good, and finally a decision not to prosecute will be issued to the defendant, and the case will be closed.

If we take on more cases that go through this procedure, we will save trouble. Yun Qiao was happy in his heart.

"Not necessarily." Fang Yi closed his eyes and said lightly.

"Oh? Why? Yun Qiao's eyes were full of doubt.

"The Supreme People's Procuratorate has asked the procuratorate to make a decision not to prosecute within 30 days of withdrawing the indictment.

The court's decision to withdraw the indictment itself has the effect of terminating the litigation, and the addition of a decision not to prosecute will sometimes cause the compulsory measures against the defendant and the compulsory measures in rem to not be lifted in a timely manner, and the theoretical basis of this provision, that is, that the withdrawal of the indictment is to reverse the procedure to the stage of review and prosecution, has also led to confusion and chaos in judicial practice.

I remember a criminal case known as the 'Marathon Lawsuit' – Zhang Fayin's alleged arson and murder case, which has been pending for eight years.

Let's leave aside whether the defendant is guilty or innocent, but from a procedural point of view, after the case has been remanded for retrial many times, the procuratorate withdraws the indictment, and the result that seems to be beneficial to the defendant backfires.

Zhang Fayin was not released because the procuratorate withdrew the indictment, but lost the opportunity to obtain a not-guilty verdict in a timely manner, and the case returned to the stage of review and prosecution, and Zhang Fayin faced endless criminal prosecution procedures.

What if you come across such a case? There is no name and no profit, only one justice, do you do it or not? Lawyers act according to the law, but that's what the law says, so what can you do? Fang Yi's tone was a little tragic. (End of chapter)