Lawyer's character

Seeing that Sun and Lu did not speak or object, Fang Yi continued: "On the surface, what Mr. Ma and others 'robbed' was a warranty deposit certificate, and what they infringed on was Jiang Liang's creditor's rights, not the actual property.

But in essence, although the warranty deposit certificate itself is not property, it is a document proving the ownership of the 150,000 yuan warranty deposit. Just like the real estate certificate, it can prove the ownership of the property.

If there is no warranty deposit certificate and Jiang Liang asks Mr. Ma for a warranty deposit of 150,000 yuan, will Mr. Ma give it to him? Even if Jiang Liang goes to court to file a lawsuit, the court will not support him. In this case, the 150,000 yuan will no longer be a security deposit, but will become Mr. Ma's property. To put it bluntly, the certificate of a 150,000 yuan warranty is equivalent to property of the same value.

The objects stipulated in the Criminal Law for robbery include not only actual property, but also debt documents, and debt is also a type of company property.

The ultimate goal of the behavior carried out by Mr. Ma and others is to illegally possess the 150,000 yuan security deposit that does not belong to them. "

After finishing speaking, Fang Yi picked up the teacup and drank tea by himself. Lu and Sun on the opposite side had complicated expressions and kept communicating with each other with their eyes.

"Lawyer Fang, we have asked other lawyers before, and one lawyer said that judging from the specific circumstances of this case, Mr. Ma had already taken possession of the 150,000 yuan guarantee deposit in advance, and the essence of his behavior was to default on the debt. The procuratorate determined that It is inappropriate for Mr. Ma to have the purpose of illegal possession. I think what others said seems to make sense, what do you think?" After a moment, Sun Hui asked.

“I don’t quite agree with this view. First of all, let me state that I am not criticizing other lawyers’ views. I just think that such an understanding of the ‘illegal possession purpose’ in the crime of robbery is a bit one-sided.

It should be said that "the purpose of illegal possession" and "the state of prior possession of other people's property" are not the same thing.

The basis for Mr. Ma's prior possession of another person's 150,000 yuan warranty deposit was the project contract signed by both parties. If something went wrong with the project, resulting in the failure of the project contract to be performed, Mr. Ma should return the warranty deposit.

To put it bluntly, the prerequisite for Mr. Ma to take possession of the warranty money no longer exists. If he takes someone else’s warranty money, he should return it to others.

Mr. Ma and his men forcibly asked for the warranty deposit certificate and forced the victim Jiang Liang to write a receipt. The essence of this was not to "defend the debt," but to fundamentally wipe out the 150,000 yuan warranty deposit. Mr. Ma's ultimate goal was He illegally took possession of the 150,000 yuan security deposit given to him by Jiang Liang and will not return it.

am I right? "Fang Yi looked at the two of them.

"Lawyer Fang, has Mr. Ma's case been suspended? Even if it constitutes a crime, can it be treated as an attempted crime?" Sun Hui asked after Lu and Sun made eye contact.

“This is unlikely.

According to the Criminal Law, attempted crime means that the offender sets out to commit a crime but fails to succeed due to reasons beyond the will of the offender.

In this case, Mr. Ma and others have forcibly snatched back the warranty deposit certificate, and also forced the victim Jiang Liang to issue a receipt. When the above-mentioned actions were completed, the "warranty deposit has been returned" and Mr. Ma's debt has been eliminated. His crime The purpose has been achieved and all the constituent elements of the crime of robbery have been met. Therefore, Mr. Ma constituted a completed crime.

Mr. Ma had been in possession of the security deposit before the public security organ filed the case. After the public security organ detected the case, it recovered the 150,000 yuan security deposit stolen by the defendant, which did not cause any loss to the victim, so it did not affect the establishment of the completed crime. "Fang Yi explained.

"Lawyer Fang, do you have any connections with the court? Can you help us operate it?" Lu Yuan asked after hearing what Fang Yi said.

"Sorry, I have no connection in this area." Fang Yi shook his head.

"Lawyer Fang, I'm sorry to trouble you today. We have an appointment tonight, and we will treat you to dinner another day." Sun Hui winked at Lu Yuan as he spoke, and the two stood up to leave.

After sending the two of them off, Yu Mantang said with great dissatisfaction: "Fuck! Who are you? You asked me to ask you out for help. I asked you all afternoon. If you don't ask me, forget it. Why don't you even invite me to a meal? You're so rude." As soon as Lao Ma goes in like this, the relationship is broken!"

"Mr. Yu, you don't have to think too much. I feel that these two people are not telling the truth. It is very likely that Assistant Sun was the one who gave Mr. Ma advice.

From beginning to end, the two of them wanted to verify whether the results obtained from other lawyers were correct. Did other lawyers fool them? It can be seen that they do not trust lawyers at all. Even if they really entrust them, the case will not be easy to handle. "Fang Yi sneered.

"Well, it's possible. Come on, I'll treat you tonight. We have a new chef in the cafeteria. Please help me check it out." Yu Mantang said with a smile.

"It's really not possible today. I have to go back to pick up the children from school and cook." Fang Yi declined.

"Okay, I won't be polite to you either. Brother, now that you have established a foothold in the city, it's time to think about your personal issues. You can't be alone every day, or you'll panic if you hold it in too much!" Yu Mantang hehehe smiled.

"Besides, the child is going to high school soon, and I don't want him to be wronged." Fang Yi understood what Yu Mantang meant and smiled.

"That's what you said. If the child is half-grown and someone suddenly enters the family, it will be very troublesome if there is discord in the family. But you are not short of money now. If you need it, you can solve it at any time." The more Yu Mantang talked, the more he said. , Fang Yi smiled, chatted for a few more words, and left the office.

…

In the newly built office at the breeding base, Shengzi was looking at the company's financial statements for last month.

The company has developed rapidly in the past few years and has hired many professionals. After having children, I am not ashamed to ask questions, and now I can understand the company's financial statements.

At this moment, there was a sudden knock on the door, and Li Sancai, the company's vice president of sales, walked in with a smile. Li Sancai was the first villager to raise sheep after his son was born. In the past few years, he had been running around with his son. His sales ability was outstanding and he was appointed as the company's vice president of sales.

"Sancai is back? The recent sales situation is good! Thank you for your hard work!" Fang Yi put down the financial report and said with a smile.

"It's not hard work! If you didn't set up the stage, where would I go to sing?" Li Sancai chuckled and said, "I saw a police car at the gate just now, what happened?"

"Hi, it's actually not a big deal. We bought a submersible pump before. Yesterday, Lao Zhao and the others took the submersible pump to the well and planned to replace the broken submersible pump.

At noon, Lao Zhao thought that the well was not far from the place where he was eating, and there were many people farming around, so he left Zhou Laosan to watch and took others to eat.

Zhou Laosan felt that no one was stealing the submersible pump in broad daylight, so he went to a field not far away to chat with the villagers. When he came back, he found that the new water pump was missing. Zhou Laosan was confused at that time. " Shengzi said.