Fang Qin finally appeared at the door of the restaurant. The way she dressed today was absolutely on point, definitely the attire of a lawyer.
Zhang Junyi stood up and waved, and Fang Qin walked straight towards Shen Fei and Zhang Junyi.
"Do you think today's court debate is safe?" As soon as Fang Qin sat down, Shen Fei started to ask questions.
Fang Qin did not answer immediately, but said to the cup of coffee that Zhang Junyi brought her: "Thank you."
Fang Qin put some sugar in the cup, stirred the cup a few times with a spoon, and then said: "Lawyer Gong and I agree on a not guilty plea. But I can tell you, there is basically no chance of winning."
"Why?" Zhang Junyi frowned and asked.
Fang Qin no longer has any emotional ties to this old lover. She looked at Zhang Junyi, even showing a bit of disdain. Then she said to Shen Fei: "It can be seen from the signs." She took a sip of coffee and continued:
"First of all, in order to establish the fact that Lu Qiao is a regular employee of your Shanghai company, the prosecutor and the court did not notify the relevant departments of City n to attend the public hearing today. Especially since Lu Qiao's original workplace basically did not know the news of the hearing."
Shen Fei was silent. The information Fang Qin learned should not be taken lightly. It at least showed that the opinions of the prosecutor and the court were basically the same. This means that they don¡¯t want Lu Qiao¡¯s original employer to know. If the original employer knew that Lu Qiao was being prosecuted as an employee in Shanghai, it would cause a commotion and bring resistance to their trial.
"Is there any more?" Shen Fei asked again.
¡°Then there¡¯s local protectionism and the climate environment here.¡±
"How to say it? Be more specific." Zhang Junyi was upset. He already knew that Fang Qin didn't take him seriously, but the more this happened, the more Zhang Junyi wanted to let Fang Qin know that he was not a dispensable role in Lu Qiao's matter. At least this should be the concept for her, Fang Qin.
Fang Qin glanced at Zhang Junyi sideways, and then said: "If Lu Qiao's case was in Beijing or Shanghai, there would be no trial at all. But it can't be done here. I don't want to go into details. You can see it clearly over time. I only provide one piece of information. , our lawyers in Beijing don¡¯t like to take on local cases the most, so you can find out for yourself why we don¡¯t want to take them on.¡±
¡°Aren¡¯t you crying and shouting that you want to take Lu Qiao¡¯s case?¡± This time it was Zhang Junyi¡¯s turn to ridicule Fang Qin.
Fang Qin was very experienced and gave another disdainful smile: "The three of us know why I'm going next. Of course, since I'm going next, I will seriously protect Lu Qiao's legitimate rights and interests. This is my responsibility, no Personal grudges are included. Please feel free to worry about this, Mr. Zhang."
Shen Fei tilted his head to one side and frowned. That means they don't want Fang Qin and Zhang Junyi to quarrel at this time.
"I still want to ask a question," Shen Fei found it difficult to speak. He wanted to know clearly the outcome of the trial and was afraid of knowing the outcome. However, this question was the most practical question and he had to ask it.
"Please tell me." Fang Qin was very assertive. He took a sip of coffee and nodded towards Shen Fei.
"What is the best possible outcome? What is the worst possible outcome? Please tell me objectively."
Fang Qin pondered for a moment and then thought about it. It wasn't that she didn't know, but that she didn't want to tell the two men in front of her who had a close relationship with Lu Qiao. But since Shen Fei asked this, she had to say:
"According to the sentencing standards and nature of the criminal law, if the crime of 'possession of funds' is convicted, it will be around three years; if it is the crime of 'misappropriation of public funds', it will be around seven years. Only if the sentence is less than three years can it be suspended. Work hard."
The two men leaned back on their chairs at the same time. They knew in their hearts that it seemed that Lu Qiao's prospects for the trial and verdict this time were slim.
Shen Fei stopped asking. I didn't even bother to ask. He said slowly: "Lawyer Fang, please do your best."
Fang Qin smiled: "Of course. I will try my best." She was about to stand up to get the dinner plate and get some food, but after thinking about it, she sat down and said:
"You just need to think about one thing. When it comes to court trials, the 500,000 yuan should be brought to the court with the case. The court will list the money in the judgment and hand it over to the state treasury. This is normal. But the procuratorate will not take it out, and they can't take it out. So, Where is the strength of the court? Does the court get a share of the money that is turned over to the treasury? So I think the court will judge based on the facts to a large extent and will not consider other factors that can reduce the sentence."
Fang Qin still stood up and said to Shen Fei: "I also saw a sentence said by Lu Qiao herself in one of the interrogation materials. She said: 'Someone has to pay for the 500,000 yuan.' It shows that in her heart It¡¯s very clear.¡±
Fang Qin finished breakfast and said goodbye to Shen Fei and Zhang Junyi gracefully: "I have to leave first to talk to Gong Lv?Meet. "After saying that, he put on his coat, held a brand-name bag in the crook of his elbow, and held several neatly bound documents in his hand. His high-heeled leather boots made a rhythmic sound when he stepped on the ground, and disappeared at the door of the restaurant.
Not long after Fang Qin left, Shen Fei and Zhang Junyi also left for the court.
Liu Daqiang had already arrived at the door of the court. His wife was holding a thermos bucket with chicken soup in her hand, her eyes were red; Erqiang's wife was holding a thermos bottle and followed her sister-in-law.
Shen Fei was moved. He knew that Liu Daqiang was more thoughtful than him and even brought boiling water and chicken soup to the court.
Zhang Junyi asked Liu Daqiang: "Have the people inside said hello?"
"It's done. My brother Qiao is already here, in the room behind the court."
"Can I go in and have a look?" Zhang Junyi asked again.
"Not now. They said that if the trial does not end in the morning and continues in the afternoon, they can arrange for us to go in and have a look at it at noon."
Shen Fei said: "Thank you, Daqiang. Where is Xiaoqiang?"
"I asked Xiaoqiang to stay at the base of the wall behind and see which direction the window of that room faces."
Shen Fei nodded: "Let's all go in."
The huge court was indeed as Fang Qin said, and not a single government official attended the hearing. The rows of chairs were empty, and in the middle sat Shen Fei, Zhang Junyi, Da Qiang, Xiao Qiang, and Xiao Qiang's two sisters-in-law. Xiaolu was deliberately not allowed to come. They didn't want their children to see such a scene at a young age, especially the death of grandma and father, which had already caused painful memories to the child's young mind. In addition, Lu Qiao was on trial. , that scene becomes even more difficult for children to bear.
¡°In addition to the prosecutor, according to the Criminal Procedure Law, Li Ping and Zhang Liming were supposed to attend the trial as the handling unit to support the trial, but in the end they were not even seen, not even the jury.
Shen Fei realized that the court was a summary court. In a sense, the trial was not open to the public. The procedures adopted by summary courts are summary procedures - keeping everything simple.
Fang Qin and Lawyer Gong have already taken their seats as defenders. The prosecutors are two women and one man. Finally, three judges came to court, wearing only uniforms and no robes. There was only one juror sitting next to the three judges.
Lu Qiao appeared at the side door. Several people in the auditorium stood up.
Wearing handcuffs, Lu Qiao walked into the court under the escort of two female bailiffs. He did not remove the handcuffs until he entered the defendant's cage. She did not look behind her, nor did she raise her head to look at the people in the judgment seat. He kept his head slightly lowered, expressionless.
Shen Fei was very able to keep his composure in situations like this. He just stared at Lu Qiao's back, showing no sign of anything. But Zhang Junyi couldn't do it. He lowered his head and felt waves in his heart again. He even hated the sanctimonious Shen Fei next to him, who had brought Lu Qiao to this point and acted like nothing was wrong!
But how could Zhang Junyi see Shen Fei's pain? He felt like he was dead in the villa for two days and two nights. Without his aunt taking care of him, he still doesn't know whether this Shen Fei would be able to sit in court today. There was even Su Suli in Shen Fei's pain, stimulating Shen Fei's nerves like crazy.
Of course, it would be useless for Shen Fei to tell Zhang Junyi what had happened. The most he would get was a two-word curse from Zhang Junyi: "You deserve it!"
After the presiding judge completed the routine questioning, the prosecutor began to read out the indictment.
When the prosecutor read: "The defendant Lu Qiao, as a public servant of a state-owned company, took advantage of his position to misappropriate 500,000 yuan for profit-making activities. The circumstances were serious and his behavior violated the provisions of Article 384 of the Criminal Law. "The criminal facts are clear and the evidence is sufficient. He should be held criminally responsible for misappropriation of public funds in accordance with the law." When Liu Daqiang jumped up from the gallery:
"Nonsense! My brother Qiao did not use this money for profit-making activities at all! You know the reasons why my brother Qiao seized the money. If you don't tell the truth, you are not worthy of being a prosecutor!"
The presiding judge knocked on the table: "Don't roar in the courtroom!"
Liu Daqiang didn't care at all, and still said loudly: "I, Brother Qiao, am not a civil servant of a state-owned enterprise, she is a national civil servant! Why don't you take out the minutes of the municipal government office meeting, which clearly states that I, Qiao Brother is just helping this company in Shanghai to operate and attract investment"
The presiding judge knocked on the table again: "Who is the 'Brother Qiao' you are talking about?"
"Brother Qiao is my brother Qiao!" Liu Daqiang was still jumping up and down in his seat.
Several bailiffs came over and asked Liu Daqiang to leave the court.
Liu Daqiang broke free from the bailiff's hold on his arm and said loudly: "ProsecutorThe hospital is unfair! You are not based on the facts, you are partial, and you have selfish motives! "
The presiding judge issued an order to persuade Liu Daqiang, who was roaring in the court, to leave the court for education.
After Liu Daqiang was pushed and dragged out of the court, the court debate began.
Lawyer Gong was very humble and invited Lawyer Fang from Beijing to serve as the lead defender.
Fang Qin politely thanked the presiding judge first, then politely thanked the prosecutor, and then began her eloquence:
¡°Presiding Judge, Judge: My cooperating lawyer and I believe that the prosecution¡¯s intention to pursue my client for the crime of misappropriation of public funds is not true. The facts and reasons are as follows:
First of all, Lu Qiao does not have the qualifications to embezzle public funds. First, she was not a formal employee of the Shanghai Company; second, she committed no illegal acts while helping operate the investment promotion project; third, she did not sign a formal employment contract with the Shanghai Company; fourth, the Shanghai Company directly caused Lu Qiao¡¯s son to become disabled, which directly constituted Acts of agency in civil times.
The second point is that Lu Qiao objectively did not misappropriate public funds. My client only withheld the payment of 500,000 yuan as a bargaining chip in negotiations with the Shanghai company to cause his son to become disabled. When the procuratorate sought the payment, Lu Qiao refused and stated that the money would be used for the operation of the new company. This was not the case. The Japanese company xx has issued a certificate and provided detailed financial information. All the expenses of the new company run by Lu Qiao will be paid by the Japanese company. "
Having said this, Lawyer Gong handed over the certification materials of Japanese company xx to the bailiff, who then sent them to the presiding judge.
Shen Fei and Zhang Junyi looked at each other. They did not expect that Fang Qin's defense materials would be so well prepared.
The three prosecutors obviously felt that the information provided by the lawyer had an impact on their prosecution, and they started talking quietly to each other.
¡°Presiding judge, judge, let me talk about my third opinion next:
Lu Qiao himself is a person sent by the municipal government to help Shanghai xxxx company operate and attract investment, but the employees of the branch in city n, especially the marketing personnel, are all hired locally. However, the Shanghai company not only did not pay Lu Qiao a penny in salary, but also did not honor the marketing staff's business commission after Lu Qiao had a conflict with the Shanghai company. Therefore, my opinion is that the payment seized by Lu Qiao should include the business commission owed by the Shanghai company to the marketing personnel, totaling more than 510,000 yuan. We now provide the court with all the information on the Shanghai company¡¯s arrears in commissions from marketing personnel. "
Lawyer Gong also sent evidence materials to the presiding judge through the bailiff.
The prosecutor was passive. Fang Qin and Lawyer Gong had smiles on their lips.
But Lu Qiao always stood there motionless. She was not angry at the prosecution, nor was she pleased at the lawyer's defense.
Zhang Junyi whispered to Shen Fei: "This company of yours is really tough, even the marketing staff's business commissions are in arrears."
"I really don't know about this situation. I'll call and ask Huang Bingru later." Shen Fei wished that the prosecutor would lose the case. I hope the lawyer can provide as much solid evidence as possible. Of course, one cannot reveal one's feelings on such occasions. Fortunately, although the prosecutor is from the Procuratorate, it is not Li Ping, Zhang Liming and others, and no one knows his identity.
Liu Daqiang was criticized and educated by the bailiff. At this time, he slowly got closer to the judge, but he did not dare to get too far forward. He sat in the last row. Seeing that Fang Qin argued well, he covered his mouth and lowered his voice. He tilted his head to hide his laughter.
The prosecutor needs to find a countermeasure. Therefore, the presiding judge adjourned the trial and continued in the afternoon.