Liu Daqiang was taken to the office of the judicial police captain. When the captain saw Liu Daqiang coming in, he looked like he wanted to laugh and cry, and pointed to a chair:
"Sit down, General Manager Liu Da. There is Sprite here. Take a few sips, burp a few times, and you will feel better." The captain of the bailiff brought a large bottle of Sprite to Liu Daqiang, unscrewed it and handed it to Liu Daqiang.
"I said you are really good, you are more comfortable than that judge. Just looking at the big glass window, you can see the court clearly!" Liu Daqiang saw at a glance that the captain's chair of the bailiff team was facing a large row of glass windows. The window, because it is on the second floor of the court, this position can observe every corner of the court, and it is the best vantage point.
"Don't go to the court anymore, lest the judge sees you angry. Just watch here, and I will instill some legal knowledge and give you some lessons." After that, he waved to a young bailiff: "You Make a note and write down this guy's attitude towards admitting his mistakes, do you understand?"
The young bailiff smiled and said, "I understand everything."
As soon as the explanation was finished, Xiaoqiang was also brought in.
The captain of the judicial police looked at the two brothers and said to Xiaoqiang: "A pair of treasures! If you don't shout 'people', people will not know that you are 'people'?"
Xiaoqiang was more casual and sat down on the desk of the chief of the judicial police: "Tell me, will my brother Qiao be sentenced?"
"It's hard to say." The captain of the judicial police team brought another bottle of Sprite to Xiaoqiang: "The prosecutor's office is very powerful, and they won't stop until they get a verdict."
"What do you mean?" Liu Daqiang asked.
"Let me ask you, which of the three public prosecutors, prosecutors, and courts has the greatest power?" The chief of the judicial police brigade began to instill "legal knowledge."
"Of course it's the court. You have the power of life and death!" Xiaoqiang said while drinking Sprite.
"I asked about your brother, not you."
"Is it the head of the Procuratorate?" Liu Daqiang asked tentatively.
The captain of the judicial police brigade neither nodded nor shook his head and said: "If the judge makes a serious decision, the procuratorate has the right to protest; if the judge violates legal procedures or accepts bribes, the procuratorate has the right to inspect and supervise. Both the public security and the courts must accept their supervision."
"Then who will supervise their procuratorate?" Liu Daqiang really wanted to find out this question, so he asked.
"Discipline Inspection Committee." The captain of the judicial police team said, and then looked at Liu Daqiang meaningfully and smiled.
Liu Daqiang carefully understood the words of the bailiff captain and said nothing.
Seeing that Liu Daqiang remained silent, the captain of the judicial police team continued: "A new rule has recently been issued. When sentencing in public prosecution cases, the procuratorate can provide guidance. Do you understand the 'guidance'?"
Liu Daqiang understood everything through the "law popularization" conducted by the captain of the judicial police team. Although he didn't mention the case about his brother Qiao, he understood everything. Liu Daqiang cursed secretly in his heart: "Damn it" and didn't want to talk to Captain Wang about this issue anymore. He was afraid that he couldn't control his emotions, so he would rather lie to himself and still have a little hope. He looked around and saw many boxes of drinking water piled up in the corner of the office, so he said:
"Hey, do you have any bottled water here? If so, give me some. Look at those people in the gallery, they haven't had a sip of water for a whole day."
The captain of the bailiff team said: "Okay, let Xiaoqiang, a 'people', carry two boxes."
Xiaoqiang was really rude. He picked up a box and walked downstairs. As he walked, he said, "Two boxes can't be used. One box is enough."
?The prosecutor¡¯s speech came to an end, and the defense spoke again.
Fang Qin stood up and said: "Presiding judge, judge: The question someone just raised is a question worthy of our thinking. This reflects the voice of the masses to varying degrees. My personal opinion is that when the collegial panel considers the background of the case itself, Attention should be paid to the representativeness and importance of the voices of the masses."
Fang Qin¡¯s purpose couldn¡¯t be clearer. She took the opinions expressed by Liu Daqiang at the court as her own opinions and passed them to the court as a defender. And emphasized the concept of "collegial panel", which includes jurors. Fang Qin can emphasize so because the jurors are also representatives of the 'people'.
"I am now providing evidence to the court again: Shanghai xxxx Company is not a purely state-owned enterprise. Since it is not a purely state-owned enterprise, the subject of the accusation against Lu Qiao has changed in nature. If the nature has changed, the alleged crime cannot be established. ."
The presiding judge moved his eyes from the file to Fang Qin's face, expressing concern.
"Here are copies of the industrial and commercial registration files related to Shanghai xxxx Company." Fang Qin held several pieces of information in his hand: "Shanghai xxxx Co., Ltd. was registered and established on x, month x, 199x. The nature of the enterprise is a limited liability company. For a Sino-foreign joint venture, the number of shareholders of the enterprise is three. According to the number of investments,?How many rankings are: Shanghai xxxx company, amiantrc company, hywebb company. "
Fang Qin handed these materials directly to the judicial police and forwarded them to the presiding judge.
This is material that can overturn the verdict. Shen Fei felt excited. If Shanghai xxxx Company is determined to be a joint-stock company, then the charge of "misappropriation of public funds" against Lu Qiao will be completely overturned.
The prosecutor's office was very quiet, and everyone's eyes were on Fang Qin, including the three prosecutors.
"The data shows that the Shanghai Company is a typical joint-stock enterprise. The company's assets and funds cannot be clearly classified as state-owned assets during the operation process. The ownership of the assets can only be clarified after the company undergoes property division or bankruptcy liquidation. What I want to explain Yes: Only the property belonging to Shanghai xxxx Company has the nature of state-owned assets. Therefore, the procuratorate¡¯s identification of part of the unrecovered payment of Shanghai Company as state-owned assets is obviously inconsistent with the facts of the case. Therefore, the part of the payment that Lu Qiao did not hand over was deemed to be state-owned assets. It¡¯s public funds that don¡¯t comply with the law.¡±
Shen Fei knew in his heart that before he took over Shanghai xxxx company, there was indeed foreign investment and it had been registered in accordance with the tripartite agreement. However, until now, he has not seen a penny from those two foreign companies. Fang Qin's investigation was factual, but she had no access to the financial statements of Shanghai xxxx Company. This alone is enough. If the court finds Lu Qiao guilty, it will be "possession of funds" rather than "misappropriation of public funds". The crime will be changed and the sentence will be reduced accordingly.
But can Fang Qin¡¯s defense speech really change the verdict? What is the attitude of the prosecutor? Can they really consider the crime and sentencing based on the opinions of the defense attorney? Shen Fei fell into thinking.
Xiaoqiang gave everyone in the auditorium a bottle of water, and Fang Qin's defense put everyone in a good mood.
Zhang Junyi was not in a relaxed mood at this time. He believes that even if the collegial panel adopts Fang Qin's opinion and denies the prosecutor's charges, new charges may arise. Because various signs indicate that it is impossible for Lu Qiao to be sentenced to probation, otherwise the trial would not be in this state.
Fang Qin then began his defense speech.
"Presiding Judge, Judge: My defense partner and I have repeatedly and carefully studied Lu Qiao's case. We believe that the direct cause of Lu Qiao's seizure of the payment was the disability of Lu Qiao's son. According to domestic Based on the market economy model, we believe that Shanghai xxxx Company has violated the Contract Law and the Labor Law. Using Lu Qiao, who has made significant contributions to them, as a springboard, we have responded to the allusion of 'burning the bridge across the river'."
The presiding judge was still listening to Fang Qin¡¯s speech very seriously. But the prosecutors are whispering.
"We made a very conservative statistics and reported the statistical facts truthfully to the attention of the presiding judge and judges: It is not that Lu Qiao wants to seize the 500,000 yuan payment from Shanghai xxxx company, but that Shanghai xxxx company should pay Lu Qiao 510 Ten thousand yuan!¡±
Zhang Junyi glanced at Shen Fei, the contempt and anger in his eyes were enough to scare Shen Fei. But Shen Fei remained calm. There was no timidity in his lens-covered eyes at all, only composure and the ability to adapt to any change. Zhang Junyi even felt a little disgusted with the guy who personally caused Lu Qiao's tragic consequences. What kind of power does Shen Fei use to make Lu Qiao work so hard for him? Is it just because of Shen Fei's love for Lu Qiao, or just Lu Qiao's love for Shen Fei? Thinking of this, his two fists clenched again.
"Now we submit four sets of evidence to the court: all evidence related to Lu Qiao's early market cultivation, market operations, product development and promotion, etc. It is worth noting that these evidence materials do not include the injuries caused by the disability of Lu Qiao's son. Benefits for amputation.¡±
Fang Qin exhaled a little, feeling sad for Lu Qiao who was standing in the dock: "Based on the above data and the total amount of payment actually recovered by Lu Qiao for the Shanghai company, our calculation basis and result is: in the early stage of the national market If the cost of development and operation is reduced from the standard 3% to 0.0001%, it will reach 5.1 million yuan."
What is the concept of 0.0001%? Almost equal to zero. Fang Qin's purpose is to use this almost zero concept to let the trial and prosecutors of the court know how much Lu Qiao has done for the Shanghai Company, how much effort he has put in, how much sweat he has shed, and how many tears he has cried!
Liu Daqiang was sitting by the window upstairs. When he heard this, he muttered: "This weasel, this Shanghai brat, this thing is worse than a beast!"
The court was silent.
Lu Qiao, who was standing in the dock, showed no reaction on the surface. However, she knew very well: Fang Qin did this on purpose. In this criminal trial**, no civil issues will be entangled at all. It's just that this is Fang Qin's plan. She wants to influence the presiding judge's thinking and focus on civil disputes.
Lu Qiao branch?Not bad. Fang Qin continued to speak:
"President, judge, before I end my defense speech, I would like to reiterate one point: my client is a person of noble character who deserves our respect and sacrifices personal interests for collective interests. She should use the law to actively Protect your own legitimate rights and interests. At the same time,
It also makes it clear to us that this case is actually a civil economic dispute. If the Shanghai company had clarified Lu Qiao's "responsibilities and rights" from the beginning and signed a contract with him, nothing like today would have happened. "
The presiding judge looked at Lu Qiao and asked Lu Qiao if he had any objections to the speeches of the prosecution and defense.
Seeing that Lu Qiao remained silent, he asked again: "You can defend yourself. If you have any different views or opinions or need to explain the prosecutor's evidence materials, you can state them at the court."
The court waited for Lu Qiao for a minute, but Lu Qiao still didn't speak. The presiding judge then asked the prosecution if they needed to make additional remarks, and then asked the defense if they needed to make additional remarks. Seeing that both sides expressed no intention to speak, the presiding judge asked Looking at Lu Qiao again: "Defendant, you can make your final statement now."
Lu Qiao spoke: "I have nothing to say. You decide."
Lu Qiao gave up his last remaining rights in France.
Lu Qiao's negative attitude made Shen Fei and Zhang Junyi lower their heads at the same time.
The presiding judge immediately announced that the court would be adjourned for one hour and the verdict would be announced one hour later.
Lu Qiao was taken down again. This time it was different, no one was allowed to come into contact with Lu Qiao again.