Moment of Robbery - The lawyer successfully defended in three days, and the client made a decision not to approve the arrest
The poem says:
The bitter lord has been in custody for many years,
Prosecutorial approval of the arrest is approaching;
During the epidemic period,there is no way to meet with hardship,
What sin does the father involve?The son does not know.
A piece of paper only says things are unclear,
Where is the dark road hidden by the clouds and the moon?
Catch the key when you see the difference,
Clouds open,moonlit,and clear the way!
On a certain day in June of the year of Renyin,a young man with a weak crown knocked at the door amid the wind and dust.The young lawyers that Gao Peng received in Shenzhen were Zheng Shaokeng and Lin Tengyu.
Zheng and Lin waited for him to take a break,sit down,and ask him what he was doing.Young Man:His father has been in criminal detention by the public security for a long time,and he urgently needs a solution!
Ask his father what crime is involved,I don't know!
Ask what the material is,a piece of paper!
Asking about its origin and development,confused!
Ask him how long he will be detained,more than a month!
Dear officials,if you suspect that a public security detainee must notify his or her family members in writing of the suspected crime and what his or her father has committed.How can the juvenile not know?
Answer:The police's notice of criminal detention is often sent to the suspect's registered residence.It is also common for the suspect to fail to receive the notice because his family members are not there;Young people don't know,I'm afraid so.
"Your officials have doubts:Since the family members know that the bitter master has been detained by torture,why not entrust a lawyer to meet with them and ask them about their background?"?
Answer:During the COVID-19 epidemic,the victim was detained in the police station rather than the detention center.The former could not arrange for a lawyer to meet,so it was impossible to know the story;Family members have also tried to appoint lawyers,but all those who hear of them are embarrassed and unable to start.
The bitter master has been in custody for over a month,and the time limit for the procuratorate to approve his arrest will come;Once approved for arrest,it will be more ominous."If this case is taken over by an ordinary person,it will be almost certain that the bitter master will be arrested,and the time will be unknown before he can regain his freedom!"!
What a headless and brainless case,lacking evidence and little evidence,unable to understand,and urgent and difficult to slow down!
However,from the few pages of material held by the young man and the few words on the phone from the wife of the bitter lord,Zheng and Lin generally understood that the bitter lord had failed to handle land use issues left over by history for a company,and the company was dissatisfied and wanted to ask the bitter lord to refund the fee.
According to Zheng and Lin,and based on their years of case handling experience,it is highly likely that the two parties will cause disputes due to the above-mentioned refund.The company then reported the case for fraud,placing the bitter master in prison!
If fraud is to be criminalized,there are three essential elements,one of which is indispensable:
In this case,the amount involved is far more than 3000 yuan,so the remaining two elements are mainly investigated.In common fraud cases,fraudsters often fabricate facts and conceal the truth to defraud money.After the money is received,they roll it up and leave;And even if there is an agreement with the victim,it is usually not fulfilled.
Based on this,Zheng and Lin continued to inquire about the family of the bitter lord.They learned that the bitter lord had been entrusted by a friend to handle land issues left over from history for the company,and had communicated with the company for solutions several times.In addition,they had traveled to the same location for business trips several times.Based on the materials provided by his family members,Zheng and Lin judged that the Kuzhu had been on multiple business trips for the company to handle land issues left over from history.As a result,Zheng and Lin asked the families of the bitter master to search for evidence of business trips and handling the matters involved in the case at home.
As expected,the family of the bitter master stayed at home and found a large number of air tickets for multiple business trips to a certain place with the personnel of the company,as well as hundreds of pages of manuscripts drafted by the bitter master to handle the matters involved in the case!
Zheng and Lin continued to inquire about the family members and learned that the payment received by the bitter lord was paid by a friend of the bitter lord,not directly by the company;This payment is basically used to handle matters related to the case.
In view of this,coupled with the imminent prosecutorial approval of the arrest,there is no time to delay.Zheng and Lin Oqing wrote over a thousand related legal opinions,and their main points of view are as follows:
The legal opinion was just written,and Lin Lv immediately went to the procuratorial organ.Using his years of experience in criminal cases,and from the perspective of the procuratorial organ's approval and review of arrests,we prepared our views as follows,clarifying that there was no fraud when the bitter lord was entrusted,that the entrusted logistics were diligent in performing the contract,and that there was no intentional illegal possession of the funds involved in the case.
At the same time,when there are only a small amount of vague evidence clues and many evidences have not yet been collected,Lin Lv skillfully uses logical reasoning based on basic legal provisions and a small amount of factual evidence,raises various reasonable doubts,argues for reasons,and requires careful arrest and arrest,causing prosecutors to attach importance to relevant doubtful points.Finally,successfully persuaded the procuratorial organ to make a decision not to approve the arrest,and the bitter master was immediately released!
At this time,it was only three days before the son of the bitter Lord came to our institute;Compared to ordinary criminal cases,it can be described as a moment!
After the bitter master was released,Zheng and Lin communicated with him,and only then did they know the full picture of the incident:
In other words,a company in South Guangdong had a land left over from history more than 30 years ago,which was later disposed of and collected by the government department;The Division was not satisfied and has successively filed a lawsuit to two levels of courts without success.The company then found a friend of the bitter lord in order to help reclaim the land,and paid a fee in advance.However,my friend did not have this ability,but knowing that the bitter master had similar experience,he entrusted the bitter master to solve the company's difficulties and transferred most of the fees collected from the company to the bitter master.
After that,the bitter Lord diligently and conscientiously performed his duties in the matter entrusted to him;The funds received have basically been used for the entrusted matters.However,the matter entrusted has been judicially handled,making it difficult and difficult to achieve short-term results.Upon seeing the complaint,the company requested a refund from its friends and bitter masters;The bitter lord actually returned most of the money to his friend,but the friend did not return it.The company reported the case to the public security on the grounds of fraud by the two aforementioned people,and the bitter lord only experienced this robbery!
The process of reasoning in this case is similar to that of Euclid's"Geometry".Based on several axioms that are universally applicable,many theorems are derived one by one,and these theorems become the prerequisite for deriving more theorems and conclusions;There is a sense of Taoism that"one lives two,two lives three,and three lives all things.".This is called"release".
On top of this,it is still necessary to proceed from the ultimate goal,from the perspective of the procuratorial organ,in the numerous materials and information,outline and summarize doubts,thereby forming an unbreakable and self consistent argument.This is called"receiving".
Therefore,it is only through a thorough understanding of logic,a thorough understanding of legal principles,combined with many years of experience in handling cases,and a good understanding of the operational common sense of various industries,that one can immediately release and receive the results of this case successfully.
In this case,the fees paid by the family of the bitter master to the law firm are actually limited;However,this did not reduce Zheng and Lin Fenmian by half.Zheng and Lin Dan were painstakingly worried about their sufferings,and the moment the bitter master was released,they were overcome by the joy of relieving their worries.The so-called accumulation of gold and jade,limited joy;Solve difficulties and disputes,and enjoy endless happiness.Old people are virtuous and refined,and in fact,they are the source of long-term happiness.
(This article is translated by software translator for reference only.)
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