Chapter 69 Repeat Offender
Chapter 69 Recidivism
Author: Xueying Hongmei
Chapter 69 Recidivism
"I have a friend. She is in some trouble and wants to consult with you." Sister Lan said.
"Okay, where can we meet?" Fang Yi asked. Today is Sunday and the law firm is closed. He doesn't have the key to the firm and can't get in.
"You take a rest in the morning and adjust yourself. I'll make an appointment to meet you at three in the afternoon. Come to Yunwu Tea House. I'll send you the address later." After saying that, Sister Lan hung up the phone.
After hanging up the phone, Fang Yi threw himself on the bed and fell asleep.
2:50 pm, Yunwu Tea House.
Fang Yi has been thinking about it since he walked into Yunwu Tea House. Don't we usually make appointments in teahouses to talk? No matter how hard it is, we have to make an appointment in a private room. Why did we make an appointment at a place that sells tea?
Yunwu Tea House is really a tea house. It is located on the ground floor of a residential building. When you open the thick cotton curtain, you can immediately smell the aroma of tea.
After Fang Yi entered the door, he stood at the door and looked inside. A little girl, about 18 or 19 years old, who looked very festive came towards him: "Hello, what kind of tea would you like to buy?" Her voice was nice.
, a bit like a lark.
"I'm sorry, I'm looking for someone. We made an appointment to meet in the store at three o'clock." Fang Yi said with an apology. Does a tea place let people sit down and talk? Unless the person talking is...
While he was thinking wildly, the little girl smiled and said, "You are Lawyer Fang! Please follow me."
Fang Yi agreed and followed the little girl to the back. The area in the back was not large, and there was a tea room converted from a house of about 123 square meters. The door opposite the tea room was locked, and it was probably a warehouse or something like that.
In the tea room at this time, Sister Lan was chatting with a woman while drinking tea.
The woman was probably in her early thirties, with big eyes, skin as white as snow, and long hair on the back of her head. She exuded an indescribable charm between her frown and smile.
"Lawyer Fang, come on. We are just talking about you." Seeing Fang Yi being brought in, Sister Lan stood up and greeted. The woman also stood up and nodded to Fang Yi with a smile.
"Sister Lan, I'm not too late!" Fang Yi saw that Sister Lan had arrived and subconsciously looked at the time on his phone.
"The time is just right and you are punctual. Come on, let me introduce you. This is Yunmei, my good friend and the owner of Yunwu Tea House.
Xiaomei, this is Lawyer Fang that I mentioned before. Lawyer Fang is very professional. If you have anything to ask, you can ask directly. You don’t have to hide it, they are all one of our own." Sister Lan introduced.
"Hello, my name is Yunmei. I am the owner of a small tea shop." Yunmei extended her hand generously and said.
"Hello, my name is Fang Yi. I am a young lawyer." Fang Yi took two steps forward, came closer and shook hands.
After saying that, the two looked at each other and smiled!
When Fang Yi saw Yunmei, he suddenly remembered a poem about plum blossoms written by Wang Anshi in the Song Dynasty: There were several plum blossoms in the corner, and Ling Han was blooming alone. He knew it was not snow from a distance, because there was a faint fragrance.
Yunmei's temperament is very similar to that of plum blossoms, modest, gentle, and proud.
"Okay! Stop being modest, both of you, and sit down and chat." Sister Lan said carelessly: "Lawyer Fang, I invite you here this time for Xiaomei's sake, so let her talk to you."
Fang Yi hummed and looked at Yun Mei: "Mr. Yun, if you need advice on anything, you might as well just say it."
"Well, actually it's not my business, it's my brother's business..." Yunmei poured a cup of tea for Fang Yi and told her what she wanted to consult.
Yunmei's biological uncle has a son named Yunhai. Two years ago, Yunhai and his wife Shui Dan divorced by agreement due to emotional discord. At that time, they had a house. When they divorced, Yunhai gave the house to his wife Shui Dan and went through the transfer procedures.
Later, Yunhai repented and wanted to go back to the house, but Shuidan refused. Yunhai pried open the door many times, entered the room and stayed there. Shuidan tried to dissuade him, but Yunhai repeatedly taught him not to dare, and Shuidan had no choice but to do so.
Sound the alarm.
Yunhai was sentenced to administrative detention and a fine by the public security organ. However, Yunhai still refused to repent and forced the door open again to enter the room. He was later captured by the public security organ. The court sentenced him to one year in prison for illegal intrusion into a residence.
After Yunhai was released in the middle of this year, Yunmei arranged for him to help in the store, but who knew that he hated Shuidan and used his off-duty time to find Shuidan again.
At this time, Shui Dan had already married someone else. Yun Hai saw that the young couple lived in the house and lived a happy life. He felt jealous. Regardless of Shui Dan's warning and obstruction, he broke into the house and had a conflict with Shui Dan's husband. Shui Dan
Upon seeing this, he immediately called the police.
After an injury assessment, Shuidan's husband had multiple soft tissue injuries on his body, which were minor injuries. Yunhai did not constitute intentional injury. However, the police still detained Yunhai on the charge of illegal intrusion into a residence. He has now been imprisoned in a detention center.
.
"This younger brother of mine... ugh! He was sentenced once before for breaking into a private house, but he didn't have a long memory and made the same mistake again.
I consulted several lawyers before, and some said it was impossible to get a suspended sentence. Others said that as long as we get a letter of understanding from the woman, there is still a chance to get a suspended sentence.
Lawyer Fang, do you think my brother has a chance to be sentenced to probation?" Yun Mei asked with a frown.
"I think it's unlikely." Fang Yi thought for a while and said.
"Why? I really can't spend any money..." Yunmei said with an anxious look on her face.
"Technically speaking, there is a high probability that your brother will be sentenced to a fixed-term prison sentence for this crime. If this is the case, less than a year has passed between this crime and the last time he was sentenced and released, and he has become a recidivist.
The criminal law has special provisions for recidivists, who must be severely punished. I'm afraid your brother's sentence will be longer this time than before." Fang Yi said.
"Recidivist?" Yunmei looked puzzled.
"Let me explain to you: Article 65 of the "Criminal Law" stipulates that if a criminal who has been sentenced to a penalty of fixed-term imprisonment or more, after completing the execution of the penalty or being pardoned, commits another crime that should be sentenced to a penalty of fixed-term imprisonment or more within five years, it is
Repeat offenders shall be severely punished, except for negligent crimes and crimes committed by persons under the age of 18.
That is to say, if two intentional crimes were committed twice, with an interval of less than five years, and both were sentenced to fixed-term imprisonment or more, it constitutes a recidivist and must be severely punished.
Going back to your brother's case, he just meets the characteristics of a recidivist, so the court will most likely impose a longer sentence this time than before.
But your brother only illegally invaded the house and did not do anything else that violated the criminal law. I personally think that the sentence will not exceed two years, but there is a high probability that it will be longer than one year." Fang Yidao.
"That's it!" Yunmei was stunned, and a sense of sadness came to her heart: "This means that my brother will definitely have to go to jail, and it is impossible to get a suspended sentence and be released."
Fang Yi didn't speak, just nodded.
Chapter completed!