有關被告欺騙法援的問題~急!!

2011-08-29 5:57 am
事情是這樣的, 我有個朋友的爸爸與繼母離婚, 他爸見繼母申請法援, 便跟住申請, 怎知離婚後, 他爸被告隱瞞資產欺騙法援, 但在申請法援期間, 律師要求的所有文件, 入息, 銀行紀錄等資料, 他爸全都提供, 為什麼通過後還會被告?

請問各位,
如果他爸爸被判罪名成立, 是否要坐監?要坐多久?
如不想坐監,是否可以上訴?
上訴期間是否可以擔保?
如可擔保,需要什麼手續?什麼人才可做擔保者?
而在擔保期間, 可以做什麼?
怎樣才可脫離罪名?

請各位幫幫忙!!!謝謝!!!

回答 (1)

2011-08-29 2:05 pm
✔ 最佳答案
The key issue is are the documents given after the legal aid was approved or before.

Since it is a divorce case, the financial documents will need to submit for the case anyway (for financial re-arrangement after the divorce).

Also, the lawyer does not represent legal aids, but your friend's father.

So here is my estimate of the case:

1. Father did not provide all financial documents when applying for legal aids.

2. After approval, the father provide all information.

If it is the case, it can be considered fraud still.

In answering your questions:

1. Difficult to say - as each case is different, fraud cases can result in no imprisonment when the case warrants.

2. Appeal is not something like this. Beside, without being convicted, it is way too early to think appeal.

3. It depends.

4. It depends on the condition set by the court.

5. See #4.

6. Not enough information to say.

My suggestion is if it is really the truth, try to see how legal aids finds out (the reason is the lawyer has the right to protect the information). Also - see if you want to consider plea-bargain. Department of Justice is willing to see how they can get a conviction with the least money for taxpayers.

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