Lawyer's character

"Sister-in-law, how do you know this matter in such detail?" Fang Yi looked at Zhou Dalian doubtfully and asked.

"I heard what the lawyer said. After the accident, my sister-in-law hired a lawyer from the county to see my brother in the detention center. I was also present when the lawyer told me about this. Are you suspicious of your sister-in-law?" Zhou Dalian's eyes flashed. Move and look at Fang Yi.

"No, I'm just asking." Fang Yi shook his head hurriedly.

"Fang Yi, do you think my brother will be sentenced?" Zhou Dalian asked eagerly.

"According to the crime of possessing and using counterfeit currency determined by the public security organs, your brother's possession of 10,000 yuan in counterfeit currency is enough to establish a case, and he will be held criminally responsible.

According to Article 5 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Counterfeit Currency and Other Cases", anyone who knowingly holds and uses counterfeit currency with a total denomination of more than 4,000 yuan and less than 50,000 yuan shall be classified as "a relatively large amount" big'.

Article 172 of the Criminal Law stipulates that whoever knowingly holds or uses counterfeit currency, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan. fine.

Your brother may be sentenced to fixed-term imprisonment of less than three years or criminal detention. The specific sentencing depends on whether your brother has any circumstances that mitigate or give him a lighter punishment. "Fang Yi said.

"Ah! So my brother really has to go to jail!" Zhou Dalian was a little dumbfounded.

"It is certain that it constitutes a crime, but if he has made a major contribution, such as providing clues to the police and uncovering a den that manufactures counterfeit currency, he may be exempted from prosecution or exempted from punishment." Fang Yidao.

"Well, that's a good idea." Xu Zengshou nodded.

"That's great, but it's not that easy. My brother is stupid. He doesn't even know where he lives or what his name is. He only has a mobile phone number. I heard that it's no longer accessible. It's not that easy to do meritorious deeds!" "Zhou Dalian said with a bitter face.

"I think the crime identified by the police is a bit questionable." Fang Yi said.

"What's the problem?" Zhou Dalian immediately became energetic upon hearing this.

"If it is true as you said, your brother purchased, held and used counterfeit coins.

According to the provisions of Article 2 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Counterfeit Currency and Other Cases", if the perpetrator purchases counterfeit currency and then uses it, which constitutes a crime, he shall, in accordance with the provisions of Article 171 of the Criminal Law, purchase the counterfeit currency. Convicted of counterfeit currency and subject to severe punishment.

Therefore, your brother's crime should be the crime of purchasing counterfeit currency, not the crime currently recognized by the public security organs. "Fang Yi said.

"Is there any difference between the two charges? Which one is more serious?" Xu Zengshou asked.

“Let’s put it this way, the crime of possessing and using counterfeit currency shall be punished by fixed-term imprisonment of not more than three years or criminal detention, and may also be fined not less than 10,000 yuan but not more than 100,000 yuan.

For the crime of purchasing counterfeit currency, if the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, which is similar to the crime of possessing and using counterfeit currency. However, a fine of not less than 20,000 yuan but not more than 200,000 yuan is required. This crime carries a relatively large fine.

In contrast, the penalty for purchasing counterfeit currency is more severe. "Fang Yi explained.

"If the procuratorate also believes that it is a crime of possessing and using counterfeit currency, will the court sentence him according to this crime?" Zhou Dalian rolled his eyes.

"This is not necessarily true. If the court believes that your brother is guilty of purchasing counterfeit currency, he will be sentenced directly according to this crime. The court can change the crime determined by the procuratorate." Fang Yi said.

"Ah! So my brother's sin is too great!" Zhou Dalian felt a little confused.

When Xu Zengshou saw his wife acting like this, he said with hatred in his heart: It's time for you and your family to spoil him. If you have any good things at home, think about your mother's family and your brother first. Be more at ease this time.

"Let me ask again, if he borrowed the money to buy counterfeit currency from our family, will this case implicate us?" Xu Zengshou suddenly asked.

"Yes, Fang Yi, when my brother asked us to borrow money, we really didn't know what he was going to do. Will this matter affect us?" Zhou Dalian also asked hurriedly.

"My brother-in-law borrowed five hundred from my family!" Xu Zengshou added.

"It's not five hundred, it's one thousand!" Zhou Dalian gave her husband a somewhat unreasonable look.

"One thousand! Didn't you say five hundred?" Xu Zengshou's eyes widened and his buttocks were one centimeter away from the chair.

My monthly food expenses plus cigarette money were only 400 yuan... My wife casually gave her brother-in-law 1,000 yuan without telling the truth. A second later, Xu Zengshou sat back and drank tea and sulked. This is not money. It's a matter of trust.

"Have the public security organs looked for you?" Fang Yi asked.

"After looking for it, the police asked me if Zhou Dagen had borrowed money from me, and I said yes. Then he asked me if I knew what he borrowed the money for, and I said I didn't know. He always comes to borrow money, and every time he borrows money, I Give them all. That’s all." Zhou Dalian said.

Xu Zengshou was angry: I'm here to borrow money! Why didn't I know? I said that my family could never save any money, but it turned out that everyone was supporting the white-eyed wolf.

"Well, it's okay, this case has nothing to do with you.

If Zhou Dagen told you about purchasing counterfeit currency and exchanging it for real money when he borrowed money from you, even though you did not directly purchase the counterfeit currency, you provided funds for your brother to purchase counterfeit currency, and you may also have committed a crime. "Fang Yi explained.

"Oh, that's what happened! I understand." Zhou Dalian nodded.

"After the police asked, there will be no further details. This case should not implicate you. Don't worry." Fang Yi said with a smile.

"What about that, Fang Yi, how much consulting fee do I have to pay you?" Zhou Dalian picked up the bag and pretended to pay.

"Sister-in-law, aren't you being rude to me! With my relationship with Brother Xu, how can I accept money from you!" Fang Yi refused.

"Okay, I'll ask Lao Xu to treat you to dinner another day." Zhou Dalian looked happy and put the bag back.

"Why do we do it another day? Just today. Fang Yi and I will go to Huihuang to find Li Shuming in the evening. You can go back first." Xu Zengshou said, feeling angry.

Zhou Dalian was a little embarrassed: "Okay, you guys take a shower and have some food in the evening, and I'll go back first. Lao Xu wants to pay the bill, don't let people spend money all the time."

"I got it! Go back quickly. The kids will be out of school soon, and the cars are crowded." Xu Zengshou said impatiently.

After seeing off Zhou Dalian, Xu Zengshou sat back at the tea table: "My wife... I won't say anything anymore. I'll treat you tonight."

When Zhou Dalian was about to go out, he secretly gave Xu Zengshou a thousand yuan and asked him to look at the flowers. Old Xu finally became bold.

"Let's go to Huihuang. I'll wait for you downstairs." Seeing that it was getting late, Xu Zengshou urged.

"Really! Li Shuming isn't here. He went abroad and just left a few days ago." Fang Yi said.

"Ah! Hey, I originally wanted to collect some wool, but this guy is not here. Let's go, take a bath, and chat. I'll treat you." Xu Zengshou said.

"Okay! I'll listen to you." Fang Yi smiled.