Chapter 150 I, Zhang Wei, will definitely become famous in one battle!
"Lawyer Zhang, you must save our old Song! I heard that you won the case of a car smashing a car and scamming insurance fraud together, and helped the parties get a large reduction in sentence. Since you can win this case,
You can definitely do my husband's etiquette too!"
"Yes, Lawyer Zhang, you must help us."
"My husband seems to be suspected of theft because of stealing auto parts. Lawyer Zhang, how should this be solved?"
"I have prepared the money and am willing to pay the other party, even if I pay more..."
Quanjing Law Firm, large conference room.
Dozens of people who came here looked at Zhang Wei with great gaze, talking in a word, saying one by one.
The husbands, sons or brothers of these people were criminally filed during this special rectification campaign, and most of them had solid evidence and would be prosecuted soon.
They were anxious.
It happened that Zhang Wei had just helped a person who smashed a car and cheated insurance to get a commutation of sentence, so they all came here, hoping to invite Zhang Wei as his defense lawyer.
Looking at the excited people in the conference room, Zhang Wei swallowed secretly.
Even he has seen such a scene for the first time.
As a senior partner of Quanjing Law Firm, Zhang Wei is very strong in terms of ability and qualifications.
Generally speaking, the client needs to make an appointment in advance, and the secretary or assistant will arrange the time for them to meet according to Zhang Wei's schedule.
But this time it's different.
These clients rushed into the law firm in a swarm, and were very excited. They even asked lawyer Zhang Wei to name him.
Zhang Wei could not push out the customers he delivered to him again, so he had to meet them in the big conference room.
He was also extremely excited at this moment.
There are nearly fifty people in the conference room alone.
Are these fifty eucalyptus?
No!
These are fifty attorney fees!
Moreover, if the case is handled well this time and successfully helps the parties to reduce their sentences, Zhang Wei will surely become famous in one battle and double his value!
Simply put, this is definitely a good thing to gain both fame and fortune.
"Don't worry, please come one by one. I can't understand the general situation of the case if you do this."
Zhang Wei opened his hands and a loud reminder.
"I'll do it first, I'll do it first."
A woman in her thirties with reddish-brown curly hair raised her hands and squeezed into Zhang Wei, saying, "Hello, Lawyer Zhang, my name is Zhao Lan, my husband's name is He Haibo, he is an employee of the maintenance department of Broadcom Audi 4S store. He...
That…he…”
Zhao Lan stammered and felt it was a little difficult to speak of.
After all, what her husband did was not open and upright.
It was really a bit difficult for her to say it in front of so many people.
Zhang Wei had met many parties and client, so he naturally knew their psychology. He immediately smiled and said, "Ms. Zhao, I am a lawyer, I am a law student, but I have never learned the mind reading technique."
"If you want me to help your husband, you have to tell me about his situation."
Zhao Lan gritted her teeth and spoke: "My husband secretly changed the car parts while repairing the car. The total value should be...70,000 to 80,000, but it definitely did not exceed 100,000. Now the police say he is suspected of theft.
crime."
"Lawyer Zhang, why do you think this has risen to the level of criminal offense?"
"Similar things have happened before. If the car owner finds out, he will refund one and pay three. Just pay him a penalty. Why do you still have to go to jail?"
After hearing Zhao Lan's words, a few words of agreement came from the crowd.
In the auto repair industry, it is quite common to replace parts.
First of all, the price difference between the secondary factory parts and the original factory parts is large, so the profit after switching is very considerable.
Secondly, it is because the illegal cost is low. Anyway, if you are discovered, you will be fine by refunding one and three. You can continue to do it when the news passes.
But this time it's different. This time they are suspected of theft, which is already a criminal offense. It doesn't mean that you can just lose money.
After listening to Zhao Lan's words, Zhang Wei pondered for a moment and said, "According to the "Regulations on Responsibility for Repair, Replacement, Return of Home Automobile Products" and the "Consumer Rights Protection Law", if the operator provides goods or services in fraud,
The losses suffered shall be increased according to the requirements of consumers."
"The amount of increased compensation is three times the cost of consumer consumption; if the amount of increased compensation is less than 500 yuan, it is 500 yuan."
"Simply put, it is to refund one and pay three."
Zhang Wei paused slightly, and said, "But now the police intervened and characterized your husband's behavior as theft. This is not a simple issue of losing money, but a criminal responsibility."
"The amount of theft of your husband reaches the standard of the crime of 'huge amount', and the sentencing is for more than three years and less than ten years."
"What!? It's going to be so long!" Zhao Lan's face changed and she suddenly became anxious, "Lawyer Zhang, what should I do now?"
"You don't have to worry. Since I have accepted this case, I will definitely do my best to help my client reduce his sentence."
Zhang Wei smiled slightly and immediately thought of the defense idea: "The sentencing standard for the crime of theft is relatively heavy, but if this case is classified as the crime of embezzlement, the sentencing standard will be much reduced."
"70,000 to 80,000 is a 'large amount' in the crime of embezzlement, and he is sentenced to fixed-term imprisonment of not more than two years, detention or fine. If it is actively refunded, he can also receive a significant reduction in sentence."
Article 270 of the Criminal Law stipulates that the crime of embezzlement refers to the act of illegally taking over the property that is handed over to oneself for the purpose of illegal possession, or illegally taking away forgotten or buried objects for oneself, and the amount is large, and the refusal to return it.
.
If the amount is large and refuses to return it, he shall be sentenced to fixed-term imprisonment of not more than two years, detention or fine;
If the amount is huge or there are other serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and a fine.
The amount here is more than 10,000 yuan, and the amount is more than 100,000 yuan.
The definition of the crime of embezzlement and theft is sometimes more slight. The main difference between the two is that the crime targets are different.
The object of infringement of the crime of embezzlement is limited to other people's property or other people's forgotten and buried objects kept by the perpetrator.
The crime of theft is subject to movable property held by others.
He Haibo's behavior of replacing auto parts is defined as a relatively modem.
It is okay to say that he is the crime of stealing, and it is okay to say that he is the crime of possession.
However, in this case, it is actually beneficial to the defendant.
Because in judicial practice, there is a principle of "doubt in favor of the defendant", which means that when it is determined that the facts are difficult to correctly apply the law, a conclusion that is beneficial to the defendant should be drawn.
That is, in the process of criminal proceedings, when there are uncertain factors in the facts of the case in progress, an explanation or determination that is beneficial to the defendant should be made.
With this principle, Zhang Wei is more confident that he can characterize this behavior as a crime of embezzlement.
"If your husband's behavior can be characterized as a crime of embezzlement, he will most likely be acquitted and released in court."
"Because the crime of embezzlement is a private prosecution case, it will be handled only if it is told."
"If you can win the victim's understanding and save the other party from prosecution, you will not need to bear criminal responsibility."
Zhang Wei said.
Zhao Lan's eyes suddenly lit up and she hurriedly said, "Lawyer Zhang, you are indeed professional! I'll be relieved to give my husband's eulogy to you."
"Lawyer Zhang, my son is also suspected of stealing auto parts. Can we also defend this from the perspective of this crime of embezzlement?"
"The same goes for my husband."
"So too, my brother, but his amount is a bit large, more than 100,000..."
“…”
Many people also spoke out.
Zhang Wei simply concentrated on all the replacement parts of the car at one time.
If there are no special circumstances, these similar cases should be defended from the crime of embezzlement.
After working hard for most of the day, Zhang Wei finally recorded everyone's situation.
He looked at everyone, took a deep breath, and said, "Everyone, I know almost everything about your situation. I have already told you about the basic defense ideas."
"If everyone has no objection, we will sign the contract now."
"Then I will go to the detention center or police station as an agent to meet the parties, review the cases, learn about the details of the case, and finally determine the defense ideas."
Naturally, everyone had no objection and said they could sign a contract.
Zhang Wei immediately called his assistant and several other interns in the law firm to help complete the contract signing.
"For everything, please ask Lawyer Zhang."
After Zhao Lan and others signed the contract, they all breathed a sigh of relief.
Zhang Wei smiled and said, "You don't have to be polite, this is what I should do."
"Next, I will make reasonable arrangements based on the category of the case, the severity of the case and the time for prosecution. After you go back, you will prepare compensation in advance."
"I will negotiate with the victim and strive to get a letter of understanding. At this time, you need to show some sincerity."
Everyone expressed their understanding.
Then they left.
"call!"
Zhang Wei let out a long sigh and walked to the window with his waist stretched.
After working hard for a long time, the sun was about to set.
The huge swath of fire clouds in the sky are magnificent and spectacular.
There seemed to be a flame burning in Zhang Wei's eyes.
Fighting spirit has been aroused!
Then, let go of your hands and have a big fight!
...
On the other side, Jiang Bai was also not idle.
He had contacted the staff of the Longcheng Judicial Oral Propaganda Department and had a preliminary exchange and communication on this legal publicity.
After two or three hours of discussion, the two sides determined the basic idea.
Jiang Bai still shoots and produces videos in his previous style, but before uploading, the videos need to be sent to people from the publicity department for review.
After all, this time we are working with the official, so we should be more rigorous.
Say what should be said, and you must not be said casually.
As for the publicity department, it will interact with Jiang Bai's account through its official media to correct his name and increase credibility.
One side is a big V with more than tens of millions of fans, and the other side is an authoritative judicial media.
Combining these two will inevitably spark some sparks.
At the same time, Jiang Bai also obtained a lot of first-hand information.
For example, which 4S stores have been found to have major problems, which people have been detained, how much is the amount involved, etc.
These news shocked Jiang Bai.
It seems that Lao Lin is still too simple, but the actual situation is so bad!
After returning home, Jiang Bai started writing scripts based on some existing information.
He has to devote unprecedented energy and seriousness to this video.
Otherwise, I would be sorry for the hard-working staff of various departments.