Chapter 458 Why bother with you!

Author: Snow Yinghong Plum

Chapter 458 Why bother with you!

Fang Yi thought that what Zhou Yingqi said might not be the truth, so he also told her about the acceptance of the property and made her feel prepared.

"What should I do if I buy a house after collecting money?" Zhou Yingqi asked.

"In this case, in judicial practice, in principle, the house itself or cash of the same value as the house was recovered should also be recovered.

If the source of funds for house purchases includes both bribes and legal income, the corresponding share of the bribes and their income (value-added) in the value of the house should be recovered.

For example, when you buy a house in Beijing, one-third of the purchase payment is bribes, and the remaining two-thirds of the purchase payment belongs to your legal income. The house value is 6 million yuan when you purchase it. After the incident, the value of the house has increased to 9 million, and the share that should be recovered is 3 million yuan.

As for the vehicles you mentioned, in judicial practice, the depreciation of cars and other items is more serious. The value when recovered is generally lower than the value when accepted. According to the law, the original item should generally be recovered, but there is inconvenience in judicial authorities for seizure, storage, and auctioning such items in the future.

In this case, if you actively propose to discount the same cash at the time of receiving, the court will generally allow it, and combine your performance to return the stolen goods to determine whether it is an "active return of the stolen goods", and then appropriately consider it during the sentencing." Fang Yi explained.

"Oh, so my house and car may be recovered! Is there a way to save the house?" Zhou Yingqi asked.

"In judicial practice, if the family members make a request to retain the house and pay cash, the court can review the actual residence of the defendant and his family. If they agree to the family's request for humanitarian considerations, the value of the house is generally calculated based on the time point of recovery and pay the same amount of cash." Fang Yi said.

"Oh, it means that if I want to keep the house, I have to submit it to the procuratorate according to the current housing price and cash. That's right?" Zhou Yingqi said.

"Yes. But you don't have to worry. In fact, the amount of bribes recognized by the procuratorate may not be fully recognized by the court." Fang Yi said.

"Will the court refuse to recognize the amount determined by the procuratorate?" Zhou Yingqi said in confusion. In her subconscious, the court will judge the amount of bribes the procuratorate recognizes.

"This is not necessarily the case. The authority of the two agencies is different, and the amount of the crimes identified may not be completely consistent." Fang Yi said with a smile.

"What you said just now is that my family paid 2.8 million yuan to the procuratorate before. The procuratorate said that it will consider it when sentencing," said Zhou Yingqi.

"Well, actively returning the stolen goods is indeed beneficial to your sentencing." Fang Yi said.

After seeing off Zhou Yingqi, Fang Yi and Zhou Ying returned to the office.

"Lawyer Fang, the money she just said can match the money in the case file. Zhao Xiaojie's confession in the case file is basically the same as her confession. They are indeed in a lover relationship, and they have developed to the point of discussing marriage. It seems that there is no problem with what she said." Zhou Ying said with the transcript of the case.

"From the existing materials, this is true. We are her defense lawyers, and we must start from the facts of the case and find a breakthrough for her interests. The relationship between them is beneficial to the case, so we can use this to defend.

We only need to find the doubtful part and the part that can be reasonably explained from the bribes recognized by the procuratorate, remove it, and we will win." Fang Yi said.

"Then...will our actions help the defendant to escape punishment?" Zhou Ying blinked her big eyes and half-jokingly said.

"Uh..., think about it from another perspective, should the procuratorate accusation of crimes be conclusive and able to withstand scrutiny?" Fang Yi asked back.

"Yes." Zhou Ying nodded.

"We lawyers are not judges, nor are they people who control public power. They just use our professional advantages to provide legal services to criminal suspects or defendants, so that they can get the punishment they deserve. I am right?" Fang Yi asked again.

"Yeah, that's right." Zhou Ying said.

"So, are we obliged to use our legal knowledge and social knowledge to help the procuratorate confirm whether the alleged charges are appropriate and whether the evidence of the crime is true and sufficient? Do not allow guilty people to escape sanctions and do not allow innocent people to be wronged?" Fang Yi continued.

"It seems that's the reason." Zhou Ying tilted her little head and thought for a while.

"So we are not helping the evil. If the charges accused by the procuratorate are correct and the evidence provided is flawless, there is no room for us to play. Are you right?" Fang Yi smiled.

"Well, you're right." Zhou Ying said.

"Okay, don't be burdened with criminal cases. As long as you deserve your conscience and let it go. Unless your starting point is wrong, it's just to get people." Fang Yi said.

"I understand. Thank you, Lawyer Fang." Zhou Ying smiled playfully.

"Okay, go and do it. I want to think about the breakthrough." Fang Yi scratched his head and said.

Let’s meet young friends, and the boats are swaying and the warm wind blows gently, the flowers are fragrant, the birds are singing, the spring is bright, and laughter and joy fly around the colorful clouds...

When Fang Yi knocked on the door of the director's office, a melodious song came out. Wan Kefa shook his head and beat the beat while drinking tea, looking very enjoyable.

"Xiao Fang, come here quickly. It's dry in spring. You should drink more tea to avoid getting angry. Look at your lawsuit, come and have a cup of tea and rest." As he said that, Wan Kefa handed over a cup of tea.

After Fang Yi took it, he drank it all and poured a cup on his own.

"Drink slowly, you call it a cow drink, not tea. Did you encounter any difficult things?" Wan Kefa asked.

"It's okay, it's like coming over and listening to old songs. Take a break." Fang Yi smiled.

"How is Zhou Yingqi's case?" Wan Kefa asked.

Fang Yi explained the rough case: "What do you think? I think the lover relationship between her and Zhao Xiaojie can be used. Some of the more than 8 million yuan of funds are indeed doubtful. According to common sense, the past is inferred."

"If you don't understand or have doubts, it's better to defend it in the direction of doubts. Criminal cases are not like civil cases. If there is doubt, the court will generally not determine them. If such a situation is beneficial to us, the prosecutor will scratch his head." Wan Kefa smiled.

"Well, I'm the same as you thought. Use tea instead of wine, and I'll give you a glass!" Fang Yi smiled.

"Actually, you have already made plans in your heart. You just came here to confirm with me. Right!" Wan Kefa picked up the teacup and smiled.

"Seeing through but not talking about it, why bother with you?" Fang Yi smiled.

Ten days later, Zhou Yingqi's case was heard. The court in charge was the city's Intermediate Court, which means that the procuratorate believes that Zhou Yingqi's bribes were particularly huge and that the sentence should be more than ten years.

I have been looking for information in the past few days and I have written it a bit slow. Please forgive me for my book friends. I will make an update later!
Chapter completed!