Lawyer's character

"It is said that he was arrested and has already had one court session. The crime he committed is quite serious and the case has not been decided yet. Lawyer Fang, I was really wronged. I was just the chairman in name and didn't know anything." Shen Mingyuan Looking at Fang Yi, his tone was firm, but there was a trace of struggle in his eyes.

"Tomorrow morning we will go to the procuratorate to review the file. After reading the file, we will analyze your case. If your sister continues to entrust us to defend you, we will come and tell you the defense plan. Do you have anything to say to us? Do you want to tell your family?" Fang Yi didn't want to talk nonsense to him, because he noticed something was wrong in the other person's eyes, and he must be hiding something.

"No, no." Shen Mingyuan looked a little lonely.

After walking out of the detention center, Yun Qiao looked at Fang Yi sitting in the passenger seat in the Toyota car: "Master, if you follow Shen Mingyuan's statement, he and Ouyang Weilun are in a cooperative relationship and are not involved in the company's smuggling activities. The company smuggles luxury cars , it should have nothing to do with him.

But the crime of money laundering... The funds used by Ouyang Weilun to acquire the equity of the machinery factory have nothing to do with Shen Mingyuan. Shen Mingyuan just helped him find the target company..."

"Things are not as simple as you think. Shen Mingyuan has admitted to the public security agency that he has guessed that Ouyang Weilun is engaged in smuggling, and the company has no other profitable business. So where did Ouyang Weilun acquire the equity of the machinery factory? Where did the funds come from?

Before the police determine Shen Mingyuan's crime, they will definitely check the source of the funds. If the source of the funds is not determined, the police will not arrest Shen Mingyuan for money laundering, so there will be relevant evidence in the case file. Let’s talk about it after we grade the papers. "Fang Yi replied.

"Yes, that's right. If Shen Mingyuan is accused of money laundering, the first thing to solve is the source of funds. There will definitely be relevant evidence in the case file." Yun Qiao nodded and replied.

Two days later, Shen Mingzhen came to the law firm again and met Fang Yi in the conference room.

"Lawyer Fang, according to you, my brother will definitely be sentenced?" Shen Mingzhen's eyes flashed, and a look of surprise appeared on his face: "But my brother is not from their company, he is just an errand boy, there is no way he knows The funds used by the other party were money earned from smuggling."

"According to the evidence in the case, the funds for Ouyang Weilun's purchase of the machinery factory were indeed earned from smuggling. Although judging from the existing evidence, your brother Shen Mingyuan only speculated that the other party's funds came from smuggling, and is not very sure. But from his It can be seen from his confession that he knew something about the situation.

After Ouyang Weilun acquired the machinery factory, in addition to giving him a large fee, he also appointed him as chairman, gave him a high salary and gave him a luxury car. If it was normal business, would Shen Mingyuan get so many benefits? Obviously no.

If Shen Mingyuan only helped Ouyang Weilun find acquisition targets and received a labor fee, this would not constitute a crime of money laundering, but he knew more and worked in the machinery factory after the acquisition, so he received benefits.

Therefore, the court is likely to believe that he was entrusted with finding a target for Ouyang Weilun to help Ouyang Weilun cover up and hide his illegal gains in order to make a profit, knowing that the other party's source of funds was problematic.

Judging from the existing evidence, it is not very favorable to Shen Mingyuan. "After Fang Yi finished speaking, he looked at Shen Mingzhen.

"You just said that my brother 'knowingly' has a problem with the source of the funds, but my brother did not know that, he just speculated and guessed. Does this also constitute a crime of money laundering?" Shen Mingzhen looked at Fang Yi in confusion.

Fang Yi thought about it and explained: “According to Article 191 of the Criminal Law and Article 7 of the Criminal Law Amendment (3), subjective knowledge is a prerequisite for establishing the crime of money laundering.

But the "knowingly" you understand is different from the standard of "knowingly" determined by the judicial authorities.

Knowing does not mean knowing clearly. Although there are differences in degree between certain knowledge and possible knowledge, both will be included in the category of knowing by the judicial authorities.

As long as it is proved that the perpetrator actually knew at the time or the facts are sufficient to infer that the property handled by the perpetrator was stolen money obtained from crime (such as drug crime, organized crime of a social nature, terrorism crime, smuggling crime, corruption and bribery crime, Knowing the possibility of committing crimes that undermine the order of financial management or committing financial fraud crimes and the proceeds therefrom) can be established as knowing knowledge.

In this case, your brother guessed that the funds used by the other party to purchase the equity were obtained from smuggling. In fact, it was indeed obtained by Ouyang Weilun through smuggling.

Moreover, Ouyang Weilun asked your brother to participate in the entire transaction of the acquisition project, and paid the equity transfer money in four installments. The most important thing is that most of the equity transfer money was in cash, and after the transaction, your brother received benefits and A BMW and a well-paying job.

Based on the above circumstances, the court is very likely to find that he knew the source of the transaction funds. "

"Then... do you have any good suggestions?" Shen Mingzhen pondered for a moment, a trace of panic flashed in her eyes.

"Judging from the current situation, I think that although your brother may be guilty of money laundering, he is an accessory and plays a supporting role in the entire money laundering process. We can defend him as a minor offender," Fang Yi replied.

"How many years will he be sentenced?" Shen Mingzhen asked.

"It's hard to say. We can recommend the court to sentence him to six months in prison. But in the end, the court's decision will prevail." Fang Yi said.

"Well, if my brother's case is entrusted to you, how much legal fees will it cost?" Shen Mingzhen asked after hesitating for a moment.

After some bargaining, the two parties finally set the legal fees at 60,000 yuan. Shen Mingzhen signed the authorization formalities again, paid the lawyer's fees, and left the law firm.

After Fang Yi returned to the office, Yun Qiao followed him in.

"Master, you said Shen Mingyuan was accused of money laundering, but what about Ouyang Weilun? Why is Ouyang Weilun not the defendant in this case?" Yun Qiao tilted her head and looked at Fang Yi while holding the case file.

"This is a bit complicated to talk about. You sit down." As he spoke, Fang Yi sat on the sofa, took a sip of tea, and looked at Yun Qiao.

Yun Qiao sat on the sofa opposite Fang Yi, staring with big eyes, waiting for Fang Yi's explanation.

“In judicial practice, those natural persons or companies who engage in upstream smuggling and other crimes and participate in downstream money laundering are generally treated as absorbed offenders, and only the criminal liability for the upstream crime (felony) will be investigated, and the money laundering crime (minor crime) will no longer be investigated. crime) criminal liability.

However, international conventions and many foreign criminal legislation are different from ours. People may think that this kind of crime is very serious and requires heavy sentencing. In short, that is not an issue for us to consider. "After Fang Yi finished speaking, he looked at Yun Qiao.

The latter blinked and listened quietly.

There are three updates today, and there will be an update tomorrow. There will definitely be an update tomorrow.