Lawyer

Chapter 804

Meng Guangda saw that the confusion in the other party's eyes was much less, took a sip of tea, and continued to explain: "According to what you said, the accident happened because of the self-weight of the floor and construction operations, which directly caused the beams to fall, and then two deaths and two accidents occurred. fatal accident.

But I have to say that your husband violated the safety requirements necessary for building the house, which made the house extremely poor in safety and was the root cause of the broken beams.

Therefore, there is a causal relationship in criminal law between the death of two people and the slight injury of two people in the case and your husband's house building behavior.

Therefore, in the process of building the house, your husband has the duty of care and foresight subjectively, and objectively, the consequences of casualties and his house-building behavior have a causal relationship in criminal law. Therefore, I think your husband constitutes the crime of negligent death.

Think about it, is that what I said? "

After listening to Meng Guangda's explanation, Deng Qingxia's expression was extremely ugly, and she became even more anxious.This time she understood 60.00%: "Lawyer Meng, according to your statement, does my husband have to go to jail?"

"It's possible, but...it's not impossible." Meng Guangda said after pondering for a moment.

"What way?" Deng Qingxia asked hastily.

"This is what I think. Why do you say that your husband doesn't have to go to jail? The main reason is that he played a secondary role in the whole accident, and the crime was minor. We can get a suspended sentence." Meng Guangda explained.

"Lawyer Meng, does the probation mean that you don't have to go to jail?" Deng Qingxia asked with confused eyes.How could she, a rural woman, know what probation was.

"Yes, if you are sentenced to probation, your husband can serve his sentence outside prison, and his freedom will be restricted. But he can continue to work and earn money." Meng Guangda explained.

"Then how sure are you?" Deng Qingxia hesitated and looked at Meng Guangda.

"It's hard to say, I'm just making a preliminary judgment. I haven't met your husband, and I haven't checked the test papers, so I can't make a judgment." Meng Guangda replied.

His subtext is very clear, that is, you have to entrust, if you don't entrust, I can't reply you without paying.In fact, even if he entrusts it, he may not tell her the exact percentage, because it is meaningless and just a psychological comfort.On the contrary, it will expose Meng Guangda to practice risks.

"Then...if I entrust you to handle this case, how much will the lawyer's fee be?" Deng Qingxia thinks that hiring a lawyer is like buying clothes (in fact, it is not). Not cheap.She felt that such a large law firm with such a good decoration, the legal fees would definitely not be cheap.So she was a little hesitant.

"Zhou Ying told me just now that you are in the same village as her, and the relationship between the two is good. I can charge you a little less and give you a discount. The lawyer's fee is 3 yuan. What do you think?" Meng Guangda said.

He felt that the other party lived in the village and had no stable income. The case was not particularly complicated. More importantly, the other party and Zhou Ying were in the same village. discounted.

"Okay, yes." Deng Qingxia agreed.

Why did she agree so quickly?That's because when he went to the county to hire a lawyer, the other party asked her for a lot of lawyer fees. One was a small firm in the county, the other was a big firm in the city, one was a lawyer who could do everything, and the other was a professional lawyer. As a criminal lawyer, if there is a choice and the price is not much different, she will of course choose a large firm, and she feels more at ease in her heart, not to mention that there is an acquaintance like Zhou Ying.Deng Qingxia felt that the price given by the other party should really be a discount for Zhou Ying's face.

"Okay, wait a moment. I'll ask my assistant to prepare the entrustment procedures. You prepare your ID card, household registration booklet, and marriage certificate." Meng Guangda finished speaking and walked outside the meeting room.

"Xiaoying, I really thank you this time. By the way, Lawyer Meng specializes in criminal cases, right?" Deng Qingxia asked again in a low voice, a little worried.

"Yes, our team only handles criminal cases. Lawyer Meng taught criminal law at a university before becoming a lawyer. His professional ability is very strong. If you hadn't come, I wouldn't have specially invited him to handle this case. Deng Qingxia was very satisfied with Zhou Ying's answer, and felt very at ease. She felt that she had to find acquaintances when she came out to do business.

After signing the entrustment and paying the money, Zhou Ying and the two sent Deng Qingxia away.

"Brother Da, I'll leave this case to you. I won't get involved." Zhou Ying smiled.

"Okay, I'll give you the money when the commission comes out." Meng Guangda nodded.

If it is a team case, the lawyer's commission ratio ranges from 20.00% to 5.00%, mainly depending on the level of the lawyer's fee.This is the main source of income for the team lawyers.

As for individual lawyers, the commission ratio can be as high as 70.00%, and the cost of invoicing is very low and is borne by the large team. On the whole, in addition to the 70.00% raised by the individual lawyer and the 20.00% handed over to the Wake Law team, Fang Yi You can get ten percent.

Fang Yi didn't intend to make money from the lawyer's personal case source, and the high commission ratio was given to the lawyer, mainly to encourage lawyers to develop personal case sources.

Not long after, the case file of Gu Mingguo's loan fraud case was sent to the Provincial High Court again, and the Provincial High Court quickly arranged a hearing.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

Let the prosecutor speak first. "The male presiding judge in his 40s sat very calmly on the bench and looked towards the public prosecutor's seat.

"Presiding judge, judge: The public prosecutor believes that the defendant Gu Mingguo defrauded the certificate from the public security organ with false reasons, and then used the reissued property certificate as collateral to defraud the city commercial bank of a loan of 200 million yuan. The facts are clear and the evidence is reliable and sufficient. Gu Mingguo It has the purpose of illegal possession. The specific reasons are as follows

[-]. The mortgage certificate provided by Gu Mingguo is false. When he handled the previous loan, the loan bank had already taken away the real estate certificate, and the current real estate certificate is still kept by the bank;

[-]. After the bank issued the loan, Gu Mingguo did not use the loan for the purpose stipulated in the loan contract, but used it for a high-risk profit-making activity - futures speculation;
[-]. When Gu Mingguo applied for a loan from the bank, he was already heavily in debt, and his ability to perform the contract was seriously insufficient.Gu Mingguo applied for loans from the bank twice for the same building, and the loan amount exceeded the value of the collateral;
[-]. Gu Mingguo tried to transfer the loan to a third party outside the case by means of transferring the engineering company, but he did not fully deliver the assets, which shows that his transfer of the company was actually a scam;

[-]. Gu Mingguo evaded detection and refused to repay the loan.

To sum up, the above-mentioned series of behaviors are sufficient to prove that Gu Mingguo subjectively has the intention of illegal possession.The court of first instance acquitted Gu Mingguo on the grounds that he did not have the illegal purpose of permanently occupying bank loans. There was no factual and legal basis. The conviction and sentencing were obviously wrong, and the sentence should be revised according to law.complete. After the inspector finished expressing his opinion, he put down the A4 paper in his hand.

(End of this chapter)