Lawyer's character

"Well, the two crimes are indeed similar in subject and objective aspects, but it is easy to confuse the two points of 'operating for others' and 'leaving the profit-making business of the unit to one's relatives and friends to operate'. In judicial practice, it is indeed difficult for judicial organs to distinguish between two crimes." Fang Yi handed Zhou Ying a cup of tea and said with a smile.

The trainee lawyers in front of you may be your colleagues, peers, or your own connections in the future. Fang Yi understands the hardships of trainee lawyers. He is a senior lawyer and partner. He has one foot in the door and helps him. So what if I take it with me? Therefore, his attitude towards trainee lawyers has always been relatively gentle, which may have something to do with his personality.

In addition, Fang Yi is not afraid of teaching his apprentices to starve the master, because in terms of professional skills and local reputation, trainee lawyers are far from him and are not on the same level at all.

Even if Zhou Ying got all practical information during this year's internship, it was only a drop in the bucket. Theory and practice always need to complement each other and be constantly updated and iterated.

When lawyers have a certain degree of professional ability, they will find that there is also the matter of the client. The trust of the client in a lawyer cannot be established only by eating and drinking. It depends on the size of the lawyer's law firm and the lawyer's past successful cases. , has a great relationship with the evaluation in the industry.

Sometimes it even has a lot to do with the background of the lawyer, such as certain businesses that require special relationships. Of course, this kind of business is also a gray business that wanders on the edge, and you might get involved.

Therefore, after going through all kinds of hardships to obtain a lawyer's license, young lawyers will find that they have entered a red sea with no end in sight. They cannot make any money at all. If they want to survive, they can only become more "volunteer".

Before Wan Kefa became famous, a senior in the legal field helped him at a critical moment. Now Wan Kefa is optimistic about Fang Yi and is willing to help him. Fang Yi was grateful and felt that he also needed to learn from the fat old man and help outstanding young lawyers grow up quickly. Because they all have a beam of light in their hearts, a beam of positive energy.

"Then how to distinguish these two crimes?" Zhou Ying tilted her head and asked with a frown.

In her opinion, the provisions of the Criminal Law can be read at a glance, but when it comes to specific cases, they are all wrong when applied. What has she learned in so many years? She deeply suspected that she had been abandoned by the times!

Fang Yi saw her confusion, took a sip of tea, and said: "Look at the legal provisions on these two crimes. Their constituent elements are different. The crime of illegally operating a similar business requires profit, and it must reach an amount." Huge; the crime of illegal profit-making for relatives and friends requires that the perpetrator's behavior must cause losses to the company where he works.

In judicial practice, there are situations where both profits and losses are caused to the enterprise, that is, both are present. Judging from the existing jurisprudence, this situation will generally be deemed as the crime of illegally operating similar businesses.

Let me analyze the above two components for you and you will understand the difference.

The crime of illegally operating similar businesses requires the perpetrator to have specific business activities. Whether the business is for oneself or for others, the actor's business behavior must be a positive behavior that uses the convenience of his position to operate and make profits, and it must be an actual behavior.

The so-called profit means that the operating profits obtained by the actor from operating the enterprise must have a causal relationship with the operating activities taking advantage of his position, and the operating income must be huge.

Let’s look at the crime of illegal profit-making for relatives and friends. Regardless of whether the perpetrator takes advantage of his position to operate the business (operate it himself or for relatives and friends), or entrusts the profit-making business of the unit to relatives and friends to operate, the purpose is to seek illegal benefits for relatives and friends.

Although the perpetrator may obtain certain benefits from it, the perpetrator's benefits come directly from relatives and friends, which is in the nature of bribery.

To put it bluntly, the former is to seek illegal benefits for oneself, and the latter is to seek illegal benefits for relatives and friends. "

"Well, I seem to understand that when distinguishing these two crimes, the main thing is to look at who gets the benefits, right?" Zhou Ying scratched her head and said.

"Well, it can be said that once you come into contact with this kind of cases more, you will understand. You can search some cases on the Internet and try to analyze them yourself, and your understanding will be deeper.

By the way, you and I will go to the Procuratorate next Monday. Zhang Wen's case has been transferred to the Procuratorate for a few days. His father called me and wanted to continue the commission. "Fang Yi said.

"When will the entrustment procedures be signed? I'll prepare it." Zhou Ying said.

"Tomorrow, Saturday, Zhang Feng will come over at ten o'clock in the morning to sign the authorization procedures for the review and prosecution stage. The lawyer's fee is 15,000 yuan. Prepare all the procedures and you don't need to come over." Fang Yi said.

Fang Yi understood clearly that he was not his assistant and he had to let him rest when he should. There was no need to make anyone angry.

"Okay, thank you, Lawyer Fang. I'll bring it to you when I'm ready." Zhou Ying said with a smile.

A few days later, Zhang Fengcai came to Wanhua United Law Firm again. This time, Fang Yi called him to come over, mainly to analyze and explain the case and communicate about the entrustment matters during the trial stage.

"Lawyer Fang, what you said just now, I understand the core meaning is that my son Zhang Wen does not constitute the crime of illegally operating similar businesses, right?" Zhang Fengcai looked at Fang Yi with joy in his eyes.

"Yes, I personally think Zhang Wen does not constitute a crime. We have also communicated with the prosecutor in charge of your son's case before. Yesterday, the procuratorate transferred Zhang Wen's case to the court. You must be prepared in advance..." Fang Yi said.

His meaning is very clear. The procuratorate thinks it constitutes a crime, but we think it does not. Your son Zhang Wen's case has been transferred to the court. Do you want to entrust it? If entrusted, discuss attorney fees.

As the saying goes, people are old, horses are slippery, and rabbits are hard to catch when they are old. Zhang Fengcai has been in society for so many years, and he knows Fang Yi's subtext very well.

"Well, if I ask you to defend my son, how will I charge the lawyer's fees?" Zhang Fengcai asked after hesitation.

"At the trial stage, lawyers need to spend more energy, so the cost will be higher. The lawyer's fee is 50,000 yuan." Fang Yi said.

Zhang Fengcai breathed a sigh of relief. Before Fang Yi quoted the price, he thought that for such a large law firm and the lawyer opposite was a partner, legal fees would definitely be indispensable. Unexpectedly, Fang Yi quoted 50,000 yuan, which was a price he could accept. within the range. So he agreed after a moment's hesitation.

Human freedom is priceless, but the defense of criminal cases is valuable in the minds of the parties and lawyers, and the lawyer's fees are the result of the agreement reached by both parties.

The reason why Fang Yi reported 50,000 yuan in legal fees was, firstly, because he felt that the case was relatively simple and not too complicated; secondly, with Li Shuming's relationship, he had to give him some face and be more careful when mixing in society.

After completing the entrustment procedures and paying the lawyer's fees, Fang Yi sent Zhang Fengcai away. The next step is to wait for the court’s hearing notice.

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