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Criminal defense lawyers talk about handling cases

Lawyer style Editor's note: Attorney Wang Tongsheng is honest on the surface and cunning in his heart. He is a typical wise and foolish person. In 2006, he resigned as the director of Shandong Huanzhong Law Firm and joined Dadiren Law Firm, adding a brighter color to the Dadiren Law Firm, who has expertise in criminal defense. I have no intention of boasting how well he did his criminal defense business. No matter how beautiful words are, it will inevitably be missed. I just want to say that his speciality, co-son lawyers focus on criminal defense, and there should be no second person in the Dadiren Law Firm and even the Zibo lawyers. As the saying goes, "Ten years of sharpening a sword", 15 years of lawyer career only engaged in criminal cases, really made our colleagues in awe, because with more than ten years of specialization, we can only have today's precision. Last year’s publication once published Wang Na’s article "Criminal Defense Lawyer Wang Tongsheng". This year, we collected some materials from his personal website, edited and arranged the following text, let us once again see his criminal defense lawyer's demeanor. Criminal defense lawyers talk about handling cases Wang Tongsheng Lawyer Wang Tongsheng: Born in May 1967, Han nationality, university culture, was assigned to the Huantai County Public Security Bureau in 1987, passed the qualification of a lawyer in 1993, and has been working as a lawyer since May 24, 1995. In 1997, he served as the deputy director of Shandong Huanzhong Law Firm. Since October 2000, he has served as the director of Shandong Huanzhong Law Firm. He was successively rated as an advanced individual in Huantai County's "Strike Hard", an advanced individual in Zibo's "Creating People's Satisfaction Activities", the first "Excellent Lawyer" in Huantai County, and an outstanding lawyer in Zibo City. Participants of the 21st National Training Course for Senior Lawyers, attended the China-Canada Criminal Defense Skills Forum as a Chinese representative in January 2008, and successively participated in the national first-level publication "Law Essays" and Nanjing Normal University Law School. More than 30 articles have been published in "Fayun" and other newspapers. He is currently a member of the Criminal Professional Committee of the Zibo Lawyers Association, a partner of Shandong Dadiren Law Firm, deputy secretary of the branch and director of the criminal department. Website: Zibo Criminal Defense Counsel Network. One, defend carefully On the evening of April 13, 2007, the victim Zhu Yue (pseudonym) did not go home because her child was outside the Internet. She quarreled with her husband and left home. She was stabbed in the heart with a sharp object and died. When passers-by were discovered, they called the police and the public security organs opened the case for investigation. On April 15, 2007, Lu Gao (pseudonym) was administratively detained by the public security organ for watching pornographic videos at home. He was detained on suspicion of intentional injury on April 17, 2007, and arrested on April 28 of the same year. The public prosecutor filed a lawsuit in the court on October 17, 2007, before returning to the investigating agency for two additional investigations. When the defendant’s relatives entrusted it, the case had reached the stage of review and prosecution. Before I became a lawyer, I worked in public security for ten years. Since quitting my job in 1995 to work as a lawyer, I have insisted on taking a professional path and dealing with criminal cases. I believe in my first feeling. After communicating with the relatives of the parties concerned, I think there should be a problem with this case. In my words, it is a more "interesting" case. I already know how to handle this case. The specific approach is: 1. After accepting the case, communicate with the relatives of the client and ask them to understand the practice of the lawyer in the process of handling the case, and avoid misunderstandings, so that the lawyer will have no worries and go into battle easily. While accepting the entrustment, we communicated with the relatives of the parties concerned with the relevant case-handling ideas in detail, and clearly told them that lawyers need skills in handling criminal cases, especially in some cases with discrepancies. If you don’t pay attention to skills, we will rush forward. , Sometimes play the opposite effect. Especially in this case, based on the belief that the lawyer "teaches the defendant to speak", in order to increase the credibility of the defendant's confession, I decided to meet with the defendant less and talk about the case less so as to prepare for the trial. I also cited the relevant cases I handled before and were approved by the relatives of the parties concerned. 2. Meeting with the defendant, let the defendant continue to be confused. In handling criminal cases, as far as the defendant is concerned, it should be clear t
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24
2010-05

Served as an independent director of a listed company, setting a pioneer in the Zibo lawyer industry

Time of issue: : 2010-05--24
On October 16, 2006, nominated by Mr. Zhang Xiangjun, Chairman of Shandong Jinling Mining Co., Ltd. (“Jinling Mining” stock code: 000655), Mr. Wang Yi, Chairman of the Board of Supervisors of our firm, and General Manager of China Metallurgical Mining Corporation and China Chairman of the Association of Metallurgical and Mining Enterprises, Adjunct Professor of University of Science and Technology Beijing, Professor-level Senior Engineer Mr. Zou Jian, Master of Business Administration (MBA), Certified Public Accountant, Certified Consulting Expert, Shandong Ruihua Co., Ltd. Accounting Firm, Shandong Ruihua Management Consulting Company Mr. Chai Lei, chairman and chief accountant, was elected as an independent director of the company by the first extraordinary general meeting of shareholders. Attorney Wang Yi served as the legal counsel of Shandong Jinling Iron Mine, the major shareholder of Shandong Jinling Mining Co., Ltd. in the early days. His knowledge and character are well-known throughout the company. Although he will no longer serve as the legal counsel of the company in the later period, lawyer Wang Yi The prestige in Zibo's lawyers has always attracted the attention of enterprises. At the time when Shandong Jinling Iron Mine was reorganized and listed on the "Huaguang Ceramics", Lawyer Wang Yi was nominated by Shandong Jinling Iron Mine and elected as the first independent director. Lawyers across the country have established a good image and opened up a stage for lawyers to participate in major social economic activities.
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24
2010-05

The CPPCC proposal is heatedly discussed to solve the major problem of citizens' travel-the record of the Harmony EMU going to Beijing to stop at Zibo

Time of issue: : 2010-05--24
Lawyer Lu Zhifei: Graduated from Renmin University of China with a bachelor's degree in law. He once worked for Qilu Petrochemical Company as an assistant economist. Business expertise: civil legal affairs, labor disputes, compensation for personal damages, economic contract disputes, company legal affairs, intellectual property rights, criminal legal affairs. In recent years, the proportion of divorce cases in ordinary civil cases has gradually increased. In particular, the number of divorced couples after the "80s" has continued to rise, and the biggest problem faced by young people when they get married is still solving housing and housing prices continue to rise. Make "grabbing the old" or buying a house from a bank mortgage loan as the main form of obtaining real estate. In view of the fact that mortgage purchases have become a relatively common way of buying houses, how to determine their ownership and division in divorce cases has become an issue of concern to the common people. Since the law is not clearly stipulated and there is no unified understanding in practice, only a rough discussion will be given here. . In our country, the "personal housing commercial loan" business carried out by banks is called "mortgage", which means that banks use their credit funds to issue self-employed loans to natural persons who are unable or unwilling to pay for the house in a lump sum. . In order to prevent loan risks, the current bank’s main approach is that the lender uses the purchased real estate and the right to use the real estate land as loan collateral, and at the same time, the house seller or professional guarantee company provides guarantee guarantee. After the lender delivers the down payment, Instalment loans are used, and the bank provides loans for the insufficient part of the purchase of houses. When the lender is unable to repay the principal and interest due, the lending bank has the right to realize the mortgage right with its collateral, or the guarantor shall bear the joint liability of repaying the principal and interest. Due to the long contract period, the loan repayment cycle of the lender to the bank can be as long as 30 years. The time for the mortgage loan procedure can be before marriage, during the marriage, after the marriage, and the source of funds for the payment of the house varies. The legal relationship between the parties, these factors make it a difficult point in the division of property in divorce cases. Since there are no detailed provisions of the law, the courts in different regions deal with differently in the trial process. Sometimes the results vary greatly due to individual details, which is not conducive to protecting the interests of the parties and maintaining the dignity of the law. Here, I believe that the ownership of housing property rights is to be determined. The key to property division. The following is a brief analysis of several problems encountered in practice: (1) It has been agreed on how to deal with the housing of the mortgage: The "Marriage Law" stipulates that both spouses can agree on the ownership of the joint property and pre-marital property of the couple. As long as evidence can be provided to prove the agreement at the time of divorce, it is relatively easy to deal with this type of mortgage property, that is, it can be handled directly according to the agreement between the two parties. If it is agreed that the property belongs to one spouse and the other party participates in the repayment of the loan with its property, the nature of the property being owned by one party cannot be changed, and the other part that has already been paid should be returned at the time of divorce; if agreed It belongs to the husband and wife, even if one has no actual capital contribution or very little capital contribution, the nature of the house as the joint property of the husband and wife cannot be changed. (2) How to deal with mortgage houses that have no agreed ownership This kind of problem is much more complicated than the previous item. We discuss separately from the two aspects of the acquisition time of the real estate certificate and the real estate investment. From the housing transaction, there are two legal facts involved in the change of property rights and the change of creditor's rights. In our country, a real estate registration system is implemented. Without registration, there is no effect of property rights changes. The house ownership certificate is the only legal property right certificate issued to the owner by the real estate administration department. For mortgage houses, the act of paying the first payment and paying the remaining mortgage payment with bank loans is the act of fulfilling the house sale contract. The time when the buyer obtains the ownership is the time filled in the house title certificate. Therefore, in divorce cases, from the certificate It is easy to determine the ownership of the mortgage house in t
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24
2010-05

Criminal defense lawyer Wang Tongsheng

Time of issue: : 2010-05--24
Wang Tongsheng, a criminal defense lawyer with fifteen years of professional experience, has experienced countless court trials and numerous difficult cases. In addition to forming a rigorous case-handling style and a responsible attitude towards handling cases. Every time he handles a case is full of wisdom, and every time his defense is shining with the light of the law... 1. Embrace affection in law and move people with affection. Zhang Qin and others killed her husband, moved the body into the well, destroyed the scene, refused to cooperate in the process of reconnaissance, and repeatedly retracted the confession. It can be described as a bad "confession attitude", and they all think that Zhang will definitely die. After accepting the case, attorney Wang Tongsheng found that the above circumstances were extremely unfavorable to Zhang, and there was no statutory mitigation of the circumstances, so he went to Zhangqin village and Zhang’s relatives and friends to investigate, and learned that his husband had been in a bad village for many years, and his quality was extremely bad. Those who entered the palace for the second time did not think about repentance and other circumstances after being released from prison, so they did the work of Zhang’s village committee and related parties, alleviating their worries, and asked them to provide testimony and submit it to the collegiate panel in court. He also pointed out that the targets of "strike hard" should be criminals who "do no evil, do not think of repentance, and endanger the village" like the dead. Although Zhang's killing is illegal and criminal, on the other hand, Zhang is also for the society. Except for one harm... During the trial, lawyer Wang Tongsheng learned that Zhang Qin’s daughter was taking the test. In order to affect the judges and prosecutors emotionally, and to protect the defendant’s legal rights and interests, lawyer Wang Tongsheng said in his defense opinion: "Father is dead. The mother is on trial. Today, the defendant Zhang Qin’s twelve-year-old daughter is taking an exam. She does not want to be an orphan. She is praying for the respected presiding judge, judge, and prosecutor to leave his mother a life and leave it to him. Under maternal love. I look forward to her wish can be realized, let us together wish her a good grade in the exam." Finally, the collegiate panel considered the defense opinions and sentenced Zhang to life imprisonment. During the return visit, Zhang said, "Thank you, everyone in the cell said that I had a good fruit." Afterwards, Zhang's relatives gave a pennant with the words "Speak up in justice and ask for life for the people" to show their gratitude. 2. Persevere in the law and accompany the parties to the final victory. Lin Qiang, Chenghai City, Guangdong Province, was arrested on suspicion of defrauding more than 2.3 million yuan. Lin Qiang's family worked hard, but to no avail, they approached lawyer Wang Tongsheng to consult and defend Lin Qiang. In the investigation stage, after lawyer Wang Tongsheng handed over the formalities to the investigator, he asked to meet with the criminal suspect. The investigator used various excuses to shirk. Lawyer Wang Tongsheng had to travel more than 300 kilometers to and from the law firm to the case-handling unit. He was only allowed to meet when he found the case-handling personnel for the fourth time, but he could not ask about the facts of the case. "How can you provide legal advice if you don't involve the case?" After the lawyer Wang Tongsheng fought, the investigator agreed to ask about the case, but he could not ask about the specific circumstances. Only two lawyers could meet with the suspect. At that time, the law stipulated that the case-handling personnel could be present. In order to understand the case as much as possible and provide high-quality legal services to the clients, Lawyer Wang Tongsheng intends to arrange another lawyer to talk with the case handlers to divert the attention of the case handlers and delay the time. Through the interview with the criminal suspect, he learned that the suspect’s elder brother defrauded the trust of the relevant units from the place where the crime occurred, and sent goods worth more than two million yuan to Lin Qiang, who would sell him. However, Lin Qiang didn't know how his brother got the goods, and all the money was paid to his brother. Obviously, Lin Qiang had no purpose of illegal possession and no common intention to defraud, and should not constitute the crime of fraud. Lawyer Wang Tongsheng exchanged his opinions with the case-handling personnel in detail from the legal aspect. However, the investigative agency still transferred the prosecution to the local public prosecution agency. Attorney Wang Tongsheng handed over the defense procedures to the public prosecution agency, and communicated with the case handlers more than 10 times, printed his defense opinions, and handed them to the case
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