53. I found a lawyer and sentenced him to two years

"Hello, Lawyer Li, can you hear me?"

It's a female voice.

Hearing such seriousness, Li Chen also returned to his serious appearance: "Well, yes, do you have anything to consult?" ”

"Hmm... It's like this..."

The girl began to tell her story.

Her boyfriend is a college student who wants a loan and meets an online friend.

The loan is not a formal channel, it is an online loan, and the other party claims that the money does not have to be repaid.

It is precisely because of this that her boyfriend decided to give it a try and was pulled into a chat group by that netizen.

There are still a few people in the chat group, all of whom want loans, and some are still black households.

And that netizen also introduced them to the process required for loans.

The first thing to do is the packaging.

Because the platform of the loan needs to verify the flow to see if you are able to repay the debt.

The company is responsible for solving this matter, but it charges a 20% service fee.

"This is a black account, and the flow of money is money laundering for others."

"Damn, Lao Tzu was fooled like this, he was sentenced to probation in the trial court and stayed at home, he couldn't go anywhere, don't believe these things on the Internet."

Hearing the news of female netizens, netizens in Li Chen's live broadcast room talked about their views and personal practice.

And Li Chen also talked to netizens about the rules because he was too bored, not letting them work and drive indiscriminately, and lifting the ban.

On the other side, the female netizen is still telling the story of her poor boyfriend:

At first, her boyfriend was also a little unconvinced, but after opening a video and chatting with the other party, he slowly believed that the other party was not a fraudster in his eyes.

Just like that netizen said.

If he really committed a crime, then the police would have arrested him a long time ago, how could they still talk to him here?

Immediately afterwards, the netizen instructed her boyfriend to apply for four bank cards for packaging, and sent them to the other party for him to operate.

However, on the same day, his bank card ran more than 1 million, and he hurriedly ran to the local law enforcement agency to report to the police.

But even so, the man was still convicted of aiding and abetting.

After Li Chen heard this, he continued to ask, "Did your boyfriend make a profit?" ”

"I didn't have a penny, and my boyfriend went to the law enforcement unit to call the police before the other party finished the running water."

After hearing this, the female netizen continued: "I don't understand. ”

Hearing Li Chen's reply, the female netizen asked with some confusion: "Obviously there is evidence to prove that I didn't know, why was I still convicted of aiding and abetting?" ”

Hearing him say this, Li Chen still spoke: "Because the knowledge in the definition, the scope of his understanding is not the knowledge in our mouths. ”

"It has two definitions: objective factors + subjective factors."

"Subjective knowing, that is, you know that the other party is committing a crime, and you help the other party to commit a crime."

"Objective knowledge refers to the fact that his actions can be judged to be clear knowledge through reasoning."

"For example, the bank has clear regulations that it is illegal to lend, sell, buy and sell bank cards, and your boyfriend meets the conditions of knowing if he still lends his bank card to someone else after being informed."

"Then why does the bank still apply for a bank card for him in this case?"

After hearing this, netizens still felt that they were justified: "Does their bank also bear a certain responsibility in this situation?" ”

"The bank is just a carrier, and the judiciary cannot hold him accountable."

Considering the other party's mentality, Li Chen still patiently explained to the other party.

"Actually, this matter is still your boyfriend's problem, if he is not greedy for a small bargain, he will not be deceived."

"How to put it, I feel that it is still a problem of publicity, and many people don't know about this kind of behavior."

"Where I work now, there are a lot of intermediaries who say they are free loans, which sounds like a crime you say."

"Brother, you can't be in Mount K, right? There are a lot of people out there who are like that."

While Li Chen connected with netizens, netizens in the comment area were also chatting.

"Then, according to what you say, isn't our appeal a sure defeat?"

Female netizens were a little helpless and sad after hearing this.

"Appeal?"

Li Chen was a little unresponsive after hearing this: "What are you complaining about?" ”

"In your case, and there are circumstances of voluntary surrender, the sentence will definitely be very light, as long as you cooperate well with the case-handling organs, it will definitely be a suspended sentence."

"If handled properly, there is still a chance to fight for non-prosecution."

This was Li Chen's idea, because he had the presumption of innocence in his mind, and everything was based on the fact that the other party did not delete the chat history.

You have inferred that you know, and I have my own evidence that I did not know.

Because in a strict sense, I am the demander and the deceived.

And the reply from the female netizen did make him a little speechless.

"When my boyfriend was in law enforcement, he felt a little wronged as soon as he heard that he was helping the letter, and he planned to find a local lawyer at first."

"Looking for a local lawyer?"

Li Chen couldn't help frowning when he heard this.

If the other party really dares to fight with the law enforcement agencies, they will have a chance to fight for non-prosecution.

Strictly speaking, this situation is basically not large.

First of all, the District Attorney's Office is not so good-spoken.

The Armed Forces Association has completed the investigation and handed it over to the District Prosecutor's Office, and if they decide to accept it, it means that the matter is ready to be prosecuted.

And local lawyers generally don't offend law enforcement officers for the sake of a case.

In the end, it is very likely that the money was spent and the work was not done.

"Well, my boyfriend was sentenced to two years in prison because he didn't plead guilty and accept punishment."

"What did the lawyer say?"

Li Chen continued to ask after hearing this.

Spent money to find a lawyer and ended up being sentenced to two years in prison?

"At the beginning, the lawyer was also persuading us that we would not win the case, because this matter itself is a crime."

The female netizen continued to speak: "Later, my boyfriend's family found a lawyer on the Internet again. ”

"The other party said that his behavior obviously did not meet the standard of knowing, and he could go to fight for a not guilty defense."

Li Chen nodded when he heard this.

If from a legal point of view, this is indeed the case.

The case cannot only look at the consequences, because the definition of the crime of aiding and abetting is not based on the consequences.

But it's better not to struggle, because in the strict sense of the word, it means making a mistake, and if you don't get it right, it will become a suspended sentence and a real sentence...

The key is to see how the defense lawyer defends himself.

"So what exactly do you want to consult now?"

After listening to the other party's story, Li Chen continued to ask.

"I want to ask, is there a good chance of success in the appeal of this matter, can the case be overturned?"