Chapter 405 Outrageous Defence

"Dong..."

Accompanied by the sound of a gavel.

The second round of mock trial officially kicked off.

"Please speak first."

The presiding judge glanced at everyone below and spoke slowly.

The other judges looked at each other.

We began to carefully observe the performance and performance of both parties in this trial.

This case is quite special.

The cycle was repeated, involving several people.

Immediately afterwards.

After some defense.

"Dong--"

Wang Wu can only be regarded as accepting bribes of 100,000 yuan, and cannot be judged as 200,000 yuan.

I was stunned for a second.

The lawyer from Liuzhou took a deep breath and took the initiative to step forward: "We have received the report and it has been found that Zhang San bribed Wang Wu, the director of a public security organ, to bribe 200,000 yuan, trying to establish a relationship and force Li Si, the principal of a certain school, to pay the project payment."

"Wang Wu, a state organ staff member, accepted bribes and introduced Zhao Liuyi to accept bribes and helped clear the relationship. This constituted the crime of accepting bribes and introducing bribes. We recommend that he be sentenced to five years in prison."

The sentencing recommendations they studied were expressed.

If the amount of bribes is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined or the property shall be confiscated.

But that's exactly that.

Time is too fast.

From getting the case question to now...

"During this process, Zhang San's bribery of 200,000 yuan constituted the crime of bribery. We recommend that he be sentenced to one year in prison and two years of reprieve."

"Previous Judges, dear judges."

Wang Wu did not use the statutory powers. He did not use the power of the public security organs, but found Zhao Liu, the director of the education organs.

He had to look at Qin Mu.

Fortunately...

I didn't understand what Qin Mu said for a moment.

Here comes a judgment problem.

Zhang San, Li Si, Wang Wu, Zhao Liu.

But if you don’t greed for thousands or trillions of dollars, you will usually not be sentenced to death.

Staff members of state organs have two powers, one is the legal power and the other is the factual power.

The sentence with a huge amount is more than three years and less than ten years.

According to the Criminal Law, if the perpetrator commits the crime of introducing bribery, he shall be sentenced to fixed-term imprisonment of not more than two years or detention. If the bribery is introduced to state staff and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or detention.

The expressions of five lawyers from Liuzhou suddenly changed.

When Zhang Wei heard this, he couldn't help swallowing.

The crime of accepting bribes is determined based on the actual gains of the bribe recipient, and the benefits of re-handling cannot be considered as actual gains.

It also did not cause any loss of national interests, so the sentencing recommendation is one year and will be suspended.

Wang Wu's behavior constitutes the crime of introducing bribery.

He is still in a state of confusion.

After the lawyer in Liuzhou finished his explanation.

If the amount is particularly huge and causes particularly serious losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death penalty and his property shall be confiscated.

Qin Mu's face was calm and calm, as if he was confident.

This is also a mistake that many young lawyers are prone to make.

It sounds outrageous.

In the prosecution seat.

One is to introduce the crime of accepting bribes, that is, to find a bribe-seeking partner for the bribe, to introduce it in intermediaries, convey the bribe-sought to the bribe-speaker, and to introduce bribes to state officials.

There are two forms of bribery.

It includes crimes of duty, crimes of dereliction of duty, crimes of arrears, etc.

And because of helping Zhang San get the project payment back...

therefore.

Die at the same time.

The sentencing for a larger amount is less than three years.

"First of all, the other party accused our party Wang Wu who accepted 200,000 yuan and helped Zhang Sanshu introduce bribes through relationships, but our party Wang Wu only used his de facto authority as the director!"

The two charges are accumulated.

Obviously.

It only takes one hour.

As for Li Si, the principal of a certain school...

He spoke slowly: "Previous Judge, we feel that... the other party's accusation just now has obvious fallacies in terms of legal interests."

"As a state organ staff member, Zhao Liu accepted bribes and sought improper benefits, which constituted the crime of accepting bribes and abuse of power. We recommend that he be sentenced to seven years in prison."

Wang Wu does not constitute a crime.

The sentencing of the crime of accepting bribes is different. If the amount of bribes is large or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined.

He gave the money to Zhao Liu, the director of an educational institution, who received 100,000 yuan.

after all……

Wang Wu also had another act, namely, introducing the crime of bribery.

Factual power!

Just these four words make them realize their problem.

Zhang San and Wang Wu, one bribes and the other bribes, but they will not constitute a crime.

This is because Zhang San's behavior is strictly within a reasonable category.

The circumstances are serious and the sentence is less than three years in prison.

In just a few minutes.

"And what he sought for Zhang San was the project funds that were owed, which was legitimate interest and supported by the law."

Factual power refers to power that exists due to the influence of its power.

Zhang San's behavior is not serious.

The amount is particularly huge.

The five lawyers in the prosecution seat also frowned, and their faces were full of confusion.

Qin Mu's voice echoed in the mock court.

Obviously.

Qin Mu smiled slightly and then talked: "The exercise of the powers to be implemented is a crime, and the conditions for seeking improper benefits must be met."

so.

Qin Mu took a step forward.

They were punished for multiple crimes, so they made a five-year sentencing recommendation.

Qin Mu struck while the iron was hot and then retorted: "The same improper benefits obtained because of the crime of bribery, and Zhang San just wanted to get his own project funds back, which was a legally supported interest."

The presiding judge looked at Qin Mu and Zhang Wei and asked in a deep voice: "Does the defendant's lawyer need a defense for the prosecutor's accusation just now?"

They are all gold lawyers.

Not an improper benefit.

According to the criminal law.

I didn't understand anything at all.
To be continued...