Discussion on Application of letter of lawyer in criminal business in the[1]

 

Abstract:The lawyer's letter is very widely used in lawyer business, almost all of the lawyer business can use. In the criminal procedure. The application letter is quite wide. The lawyer's letter is not mandatory, but the lawyer's letter facts, evidence, law has the deterrent force, the lawyer's letter is the pursuit of fairness, justice, reasonable, let the parties convincing, friendly consultation and the lawyer's letter to solve the problem for the parties to accept, so the lawyer's letter often plays not to hurt and to achieve win-win, win-win results. I want to exchange experience and lawyers with the lawyer's letter, I hope we can non litigation lawyers form letters use more in lawyer business, low cost, fast, harmonious solve disputes.

 

Key word.Letter of lawyer; lawyer; criminal procedure; application

 

The lawyer's letter, is a unique sword lawyer business, is the law firms accept the Commission, in the name of law firms and lawyers, sent to the other party to settle disputes between the parties ". Application letter is very wide, mainly used for the non litigation, non litigation stage in the litigation is also used. The lawyer's letter not force countries to do the backing, but the lawyer letter is about facts, evidence, law, is the pursuit of fairness, justice, fair, reasonable, considering the problem usually is standing on the relative person's point of view, coupled with the lawyer's letter to solve the problem of the form or friendly negotiation, so the lawyer's letter often can play a multiplier effect. The parties, relative person, lawyers love to take this form to solve the problem, only when the lawyer's letter this quasi legal form can not be resolved, the talent given through litigation, accuse solution. In view of the lawyer's letter often plays not to hurt and achieve a win-win, win-win results. I love with a letter in the lawyer's letter, and successfully used to solve a large number of disputes, so I want to experience and colleagues communicate with the lawyer's letter, I hope we can be more lawyers the lawyer letter in the form of the non litigation lawyer business, low cost, fast, harmonious solve disputes.

 

A lawyer letter, classification

The lawyer's letter can have a variety of classification methods, can be divided according to their purpose of lawyers, lawyers summon letter letter, lawyers, lawyers reminder letter, lawyer, lawyer letter, recommendation letter format letter. This letter is a law firm lawyers received by a party, the law firm name, to the other party a informs the other party to exercise their rights or obligations or to choose from, the lawyer letter common has informed right, obligation, informed choice, inform the consequences. The lawyer law firm summon letter is received by a party, the law firm name, send to the other party to the other party to fulfill the obligations of the letter, the common law for exhortation exhortation payment letter, urge the relocation, urge the delivery etc.. The lawyer law firm reminder is received by a party, the law firm name, send to the other party's prompt action letters, there are common consequences of default, suggesting that the relocation period, suggesting that the law, suggesting that deadline etc.. The lawyer letter is the law firms accept the entrustment, issue to the other party notice the letter. There are common consequences of default, the deadline for the relocation notice notice, notice, notice of termination of the contract law, the lawyer law firm recommendation letter is received by a party to the other party, a dispute resolving suggestion letter,

 

Two, letter of

The lawyer's letter with the following characteristics:Effect: 1, the letter did not force, but the lawyer's letter a deterrent deterrent force. 2, the nature: lawyer letter is not a legal act, but a kind of quasi legal act. Contents: 3, the core content of lawyer's letter is a fact, evidence, legal, and sometimes even intercede and reason, sometimes even proposed to solve the problem of the proposal. The 4 point: the lawyer's letter, consideration must take account of the interests of both sides, to be fair, reasonable and put forward solutions to the problem, especially to stand in each other's point of view. 5, form: friendly non litigation negotiation. 6, low cost. The time of low cost, low cost, low cost of feelings. High efficiency: 7. Sometimes there are unexpected high efficiency. 8, good effect. The lawyer's letter often can achieve a win-win, win-win results, to promote social harmony, can make the parties continue to cooperate or for further cooperation and lay a good foundation.

 

Specific application three, letter of lawyer in criminal business in the

Criminal business especially incidental civil service sometimes have to use letters, many economic cases, nature is between the economic disputes and economic crimes, the key to see the behavior of the party concerned, if still not bombarded repayment, on suspicion of economic crimes, such as suspected of loan fraud crime cases, the purpose is very clear is doing may first get cheated money, if the lawyer's letter Xiao to advantages and disadvantages, can usually achieve the timely recovery of funds of. Incidental civil litigation, negotiation, mediation in accordance with the law can be solved smoothly, incidental civil problem, often have to solve the problem of the criminal, also have completely resolved in favor of the offender and the victim of contradictions, avoid the occurrence of new social contradictions.

1The lawyer's letter, in the use of suspected of defrauding crime of fraud in medical insurance fundMany economic cases, nature is between the economic disputes and economic crimes, the key to see the behavior of the party concerned, if still not traversing the repayment, on suspicion of fraud, and the purpose is very clear is the earliest possible get cheated money, if the lawyer's letter Xiao to advantages and disadvantages, can usually achieve the timely recovery of funds of the following is a writer, a return to push them out of the medical insurance fund lawyer letter: "Henan Wangcheng law firm [2008] king Law Letter No. ninety-third lawyer letter, maternal and child health care center: the * * * * social insurance center survey found, your center in 2008 June settlement of hospitalization patients Jia * * 13 cerebral infarction cases, the diagnosis of CT required to report all belong to. Social security center has to be forged and fabricated evidence to inform your center, but you can't rule out the center report forge suspicion. Henan Wangcheng law firm accepted social insurance center commissioned, now solemnly to your center to lawyers to inform as follows: your center forge CT report, make health care inpatient medical records, intends to defraud insurance fund of up to 26532.24 yuan. Our country criminal law 266th stipulation: the fraud of public or private property, large amount of, a fixed-term imprisonment less than three years, criminal detention or control, or be fined. A large amount of standard: 3000 yuan. For the medical insurance fund 26532.24 yuan, constitute a crime of fraud, and belongs to the large amount of large amount, far beyond the standard 3000 yuan, according to the law should be less than three years shall be sentenced to a fine. Please your center to make a written review accept default processing and on receipt of this letter within 7 days to the city social insurance center, overdue social insurance center will bring the case transferred to public security department shall investigate and deal with your center before the CT report, forged and fabricated hospitalization patient medical records to defraud Medicare fund fraud behavior. I am writing to inform! Henan Wangcheng law firm lawyers: Zhang t in 2006 September 3, 2008 "effect: maternal and child health care center to receive a default processing.

2The lawyer's letter, on suspicion of fraud crime of loan Suspected of a crime of loan fraud cases, the purpose is clear is the earliest possible to recover the loan, if the lawyer's letter stated interest, sometimes can achieve the timely recovery of loans, the following is a writer from the return of the loan to push them to the lawyer: " Henan Wangcheng law firm [2008] King Herod Report No. 1126th lawyer letter, * * *, * * *, * * *, * * *: Henan Wangcheng law firm accepted X X Small Loan Guarantee Center commissioned, assignment we small loan guarantee center to identify your fake his name, the provision of false guarantee for bank loans to you solemnly the lawyer told by. 1, China's criminal law "provisions of the crime of fraud of the loan". China's "criminal law" the 193rd stipulation: "in any of the following circumstances, for the purpose of illegal possession, defraud the bank or other financial institution loans, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property: (three) using false certificates; (five) defrauding loans by other means." 2, the Supreme People's Court on the judicial interpretation of the crime of fraud. "Some problems of Supreme People's Court on the trial of cases of fraud on the specific application of law explanation": four,...... "Decision" Tenth rules "other serious circumstances" refers to: (4) to provide false collateral for loans, loan period expires, refused to repay; (5) fake name to apply for loans, loan period expires, refused to repay. Personal loan fraud amount is in 10000 yuan of above, belong to "large amount"; personal loan fraud amount is in 50000 yuan of above, belong to "huge amount"; personal loan fraud amount is in 200000 yuan of above, belong to "a huge amount of". 3, our country criminal law about the provisions of the "common crime". "PRC Criminal Law" the twenty-fifth stipulation: "a joint crime is an intentional crime committed by two or more persons jointly." Rule twenty-sixth: "organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits....... The principal, shall participate in or organize, command of all criminal punishment." 4, your behavior has been suspected of "crime of fraud of the loan", which belongs to the common crime, if the amount involved is especially huge, if the circumstances are especially serious. The small loan guarantee center have been identified, you fake name, providing false guarantee for bank loans 2050000 yuan, and not the repayment of bank 1 loan principal and interest repayment behavior, not that you have the purpose of illegal possession, your behavior has been suspected of "crime of fraud of the loan," and "a huge amount of". 5, solemnly to inform as follows: lawyer you received the lawyer letter 15 days, pay off the Small Loan Guarantee Center for you to pay compensatory payment. Otherwise, the small loan guarantee center will apply to the Public Security Bureau police detachment to report and prosecute, criminal responsibility shall be investigated for you "the crime of loan swindling" according to law, requirements will have you arrested, sentenced to life imprisonment, a fine of five hundred thousand yuan, a fine or confiscation of property. We inform you that we have! Henan Wangcheng law firm lawyers: a t 2008 in November 26th "effect: part of the lender, counter guarantor to the compensatory payment.

3The lawyer's letter, in incidental civil cases in the With the civil compensation, reconciliation, mediation, in accordance with the law can be solved smoothly, incidental civil problem, often have to solve the problem of the criminal, also have completely resolved in favor of the offender and the victim of contradictions, avoid the occurrence of new social contradictions, the following is a fault of employers to hire parties to bear liability of lawyer's letter I send out: "Henan Wangcheng law firm [2008] king lawyer told No. 820th lawyer letter, Jinlun automobile repair department: Henan Wangcheng law firm commissioned the Wang Yan family Qian Guolin, Zheng weight to the expensive unit following letter: Wang Yan this year 16 years old, work in your department, at the time of the accident Wang Yan is in the act of duty to perform reverse, your part of the occurrence of the accident can not shirk its responsibility, it is Jinlun automobile repair department management is not strict, let no license, no driving experience Wang Yan back, reversing the expensive department and did not take the necessary safety measures, which leads to the unfortunate accident there, all your department should bear the responsibility, also should pay deposit to guarantee Wang Yan bail. Wang Yan this year 16 years old, is a minor, just go to work, I had no savings, Wang Yan family was poor, no compensation ability, regardless of the reason and in law, you should give priority to compensate the victim, should also pay deposit to guarantee Wang Yanqu. I am writing to! Henan Wangcheng law firm lawyers: a t 2008 in August 20th "effect: the employer, the party, the injured party the three parties reached a settlement, shall be investigated for criminal responsibility in the criminal from the king.

 

The four, the lawyer's letter in other business

(a) the lawyer's letter in non litigation lawyers in the business

The lawyer's letter in non litigation lawyer business is most widely used, the following is a writer issued inform the other party deadline to make choice of lawyer letter: "Mr. XXX: Henan Wangcheng law firm commissioned x Real Estate Development Company Limited, we have your reservation assignment x Real Estate Development Company Limited commercial housing to you solemnly to the lawyer: 1, high order agreement. You signed the "high order" and x x Real Estate Development Company Limited, book x x Real Estate Development Company Limited commercial housing, and pay the deposit 10000 yuan. 2, "high order" can not perform due to change of circumstances. You and the company signed the "orders", the project drawings, planning, supporting standards are not perfect, in order to sign has now lasted more than a year, during the various objective factors change, such as: design changes (building, apartment layout area, etc.), planning adjustment (change housing purposes and so on), labor wages rise, building materials prices, the state taxes go up, all the people on the list - the original floor, room number, area and part of the housing and the use of construction project planning permits, commercial housing pre-sale permit documents do not match, resulting in the company now simply can not according to the original "big order" perform. 3, the law. "Regulation on the law applicable to a number of commercial housing sale contract dispute cases the interpretation of the Supreme People's court" article fourth: "the seller through subscription, ordering, reservations to the buyer accepts the deposit as a contract for the sale of commercial housing guarantee, if one of the parties when failed to conclude the contract for the sale of commercial housing, shall be handled in accordance with the provisions of the law on deposit; can not due of the subject matter in both parties, leading to the failure to establish commercial housing sales contracts, the Seller shall refund the deposit to the buyer." fifth stipulation: "the main commercial housing subscription, ordering, reservation protocol has" commercial housing sales management approach "the provisions of article sixteenth of the sale of commercial housing contract, and the seller has received the purchase in accordance with the agreement, the agreement should be identified as commercial housing sales." 4, a lawyer's opinion. According to the provisions of article fourth, signed by you and your business "big orders" belongs to the pre contract, due to reasons of one party failed to conclude a contract for the sale of real estate, the company shall bear the legal consequences of the "treatment" in accordance with the provisions of the law on deposit, which is double the return of deposit. According to the provisions of article fifth, signed by you and your business "big orders" although the main content with "sales of commercial property management approach" the provisions of article sixteenth of the contract for the sale of real estate, but because the seller did not received in accordance with the agreed to purchase, so that you and the company signed the "high order" can not be identified as commercial housing sales contract. The provisions of article fifth, equivalent to confirm the deposit contract into contract for the sale of the transformation conditions, conditions for "the seller has received in accordance with the agreed purchase". The deposit contract law generally known as pre contract, and the contract referred to in this contract, pre contract into the contract is conditional, the pre contract is actually give both a chance to quit, so that we timely termination or suspension of trading behavior originally envisaged in the loss is not the case, many countries have stipulated the pre contract content. 5, in view of the above, according to the provisions of China's "contract law" article ninety-fourth, we are special in order to "lawyer" form of letter solemnly to state as follows: (1) you lift and X Real Estate Development Company Limited signed the "contract" big order. (2) x x real estate development company limited the other houses for your choice as follows: if you select another company for housing, then both sides negotiate housing location, room number, price and other pre-sale contract, agreement, the two sides signed the "commercial housing sales contracts". Company to undertake unilateral termination of contract responsibility, to give you double the return of deposits of compensation, compensation can be refunded or offset Fangjiakuan; if you give up, other houses, two sides to lift the "big order" contract, company to undertake unilateral termination of contract responsibility, to give you double the return of deposit. (3) limit you after receiving the letter of attorney decision, 15 exceeding the time limit, the company will no longer keep for you the other houses. (4) if you object to more informed, please to resolve through legal means, I will as mediation and litigation agent, agent will handle the matter. Hereby induced lawyer letter solemnly tell!" Effect: the lawyer's letter issued to 46 clients, and 11 clients in accordance with the requirements of a lawyer's letter, double the return of deposit, the two sides to lift the big order contract agreement and have been fulfilled, for the principal to reduce losses of about 2000000 yuan.

(two) using the lawyer's letter in the civil service

Litigation services especially the non litigation stage in the process of litigation is often to use letter of lawyer, litigation process in which the lawsuit lasted very long, while the contract obligations of the two parties is not due to the lawsuit behavior and the suspension or termination of the case, can play and perform the obligations of notification, prompting contract duty for lawyer's letter, in order to avoid the case dragged on bring the parties to expand the unnecessary loss. More also use letters in the settlement agreement reached in cases of withdrawal, the litigants, the two sides reached a settlement agreement, then the plaintiff withdraw prosecution, because to perform the mediation agreement many are not timely liquidation, settlement obligations many installment, so to reach a settlement agreement after withdrawal is also necessary to use law letter to inform, prompts the other necessary settlement obligations. The lawyer's letter in the execution reconciliation in cases of also many, executive case is not a completed by many, in the execution of the execution of the agreement of a lot of, lots of execution reconciliation agreement obligations is the installment, some cases will appear some new condition prevents the original execution reconciliation agreement in its normal performance in the case, so the execution reconciliation is necessary to use form notice, Lu: Shihan prompts the other performance of the pacification agreement obligations. The following is a writer sends out to push them to perform the mediation agreement obligations of the lawyer's letter: "Xu X: Henan Wangcheng law firm commissioned * * The Seed Company, now you default on your * * The Seed Company a thing solemnly to lawyer letter as follows: December 19, 2004 * * The Seed Company sued you for arrears, principal of 62900 yuan, 37100 yuan of interest, agreement is reached through reconciliation,, * * The Seed Company conditional made great concessions to you, but you don't keep promise, still owe the principal of 28000 yuan, 28000 yuan, please you received this letter before 30 November in 2006 after a payment in arrears; if there are special circumstances, please in 2006 the company before 28 November and XX The Seed Company negotiation. Overdue, I will act for * * The Seed Company sued again to you, but let you pay 28000 yuan principal, you should also bear the overdue payment of interest 50000 yuan, and let you bear costs, maintenance costs, implementation costs, legal fees and other reasonable litigation expenses. Special to this letter!" Effect: Xu X in lawyers urge the letter within all pay the remaining 28000 yuan.           

 

Five, using the format in lawyer business in the lawyer's letter

Format letter is unified and fixed format of the lawyer's letter. Many lawyer business are of the same nature, can design a blank form letters, the main content of the lawyer's letter are the same, the difference is the letter names and numbers, which can batch batch send lawyer letter, to solve the same kind of the same unit. Disputes, such as the collection of delinquent loans, guarantees, compensatory payment, water, electricity, telephone, arrears etc.. The following is the author design is the use of the recovery of sewage treatment fee format letter: "Henan Wangcheng law firm [2007] letter urging King Law No. 211st lawyers collection letters, * * *: Henan Wangcheng law firm commissioned * * Public Utilities Board, special to lawyers urge the letter as follows: 2006 November 1 to February 1, 2007, the expensive unit consists of groundwater for 10000 m3, the collection standard is 1 yuan / m3, your company should pay the sewage treatment fee amounts to 10000 yuan, paid 5000 yuan, 5000 yuan in arrears, delayed payment per day late charge of 3 ‰ 1500 yuan, total 6500 yuan. Luoyang Municipal Public Utilities Bureau in 2008 February 1 to the expensive unit issued a "sewage charges notice", but the expensive unit after receiving the notice according to the notice of payment, neither, nor put forward reconsideration, litigation, in order to reduce the unnecessary execution costs of your organization, please in February 2008 15 recently to x * Public Utilities Bureau designated location: * * water company business to pay sewage charges and fines totaling 6500 yuan. Do not pay overdue, Henan Wangcheng law firm agent x x Bureau of public utilities shall apply to the court for compulsory execution, in addition to the requirements of the expensive unit of payment of arrears of sewage treatment Fei Benjin, late fees 6500 yuan, you also need to take this case is the implementation of fees, legal fees, for the actual costs incurred arrears. Notice is hereby given! Receive a person (signature):    The receive time: 200YearsMonthDay, Henan Wangcheng law firm lawyers: Zhang t February 11, 2008 "report: arrears of sewage charges and fines a list. (the effect and effect: has produced thousands of kinds of format lawyer letter, is used in water, land, loans, payment for compensation, the parties reflect the effect is good, only a small loan guarantee center with this format lawyer letter, had been recovered compensation about 5000000 yuan.)

 

By six, the lawyer replies in lawyer business in the

The lawyer law firm reply is received by a party to the other party, sent the letter against each other to give a reply letter, also includes the other lawyer letter letter of reply, the use range of lawyer's letter, also applies to the lawyer letter, this is a copy of the issued for the other party payment requests and reply lawyer letter: "Henan Wangcheng law firm [2007] of your king Law No. 115th lawyers reply, Yunnan * * Technology Co Ltd: your company 2007 year on 27 November" letter "received, Henan Wangcheng law office to accept the * * Company Limited (hereinafter referred to as the company) commissioned, now your company" letter "solemnly to the lawyer's letter reply as follows: 1, for your company's fault that has not acceptance, the reasons are as follows: (1) the company has not submitted to the approval documents in engineering has not acceptance. In November 16, 2006, the company although the acceptance report, my company in November 21, 2006 of the "reply", ask your company to submit "approval application and relevant approval documents", but your company has not presented the completion data and acceptance of information, leading to the project has not acceptance. (2) we require your company 24 rectification, your company has not rectification 1, leading to the project has not acceptance. My company in November 29, 2006 of the "check rectification notice" requirements, the company rectification 24, the process, equipment 8, construction 13, electric 3, but your company has not rectification 1, leading to the project has not acceptance. (3) the company sewage treatment process of sewage volume design defects, leading to the project has not acceptance, put into operation not more. My company in November 21, 2006 of the "reply", put forward a serious defects in your company sewage sewage treatment process design, the defects lead to sewage treatment plant has been unable to acceptance and operation, which caused great economic loss and reputation loss to our company. Please your company as soon as possible improvement, process improvement, so that the sewage plant as soon as possible acceptance and operation. 2, because of your company's fault leads to a project has not approval, in accordance with the contract payment terms are still not available, the loss of your company be conceited. There are many default duration 3, your company, due to the loss of our company should compensate. Hereby reply! Hope that the two sides can solve the related problems of friendly consultations. Henan Wangcheng law firm lawyers: Zhang t in November 5, 2007 ("effect: the past 1 years, Yunnan will no longer mention the deadline for payment, no proceedings.)

 

Seven, the lawyer's letter should pay attention to the problems in the application of

The lawyer's letter of application range is very wide, but the lawyer's letter is not a panacea, not abuse, something suitable issued on behalf of the parties letters, it is best not to name the lawyer letter, otherwise easy to react. The lawyer's letter to think of the effect, the lawyer's letter to have content, persuasive, not utter lack of substance, the lawyer's letter to take facts as the basis, to speak with evidence, a legal basis or contract basis, to present facts, reason, Daniel, to love, to convince the people, this lawyer's letter to there are efforts, in order to achieve the best effect. The lawyer's letter words, words must especially pay attention to weight, pay attention to courtesy and propriety. The lawyer letter in the form of norms, the lawyer's letter signed, not only to the law firm seal, to sign the undertaking lawyer personal name. Hope that using our lawyer a sword -- lawyer letter of this unique form of use, our lawyers more in lawyer business, low cost, fast, harmonious solve disputes, and promote social harmony.