Lawyer's character

Fang Yi understood that the old man was here to find out: "Did Cao Xiaohui ask you to call me, or did Auntie ask you to come here?"

"I won't hide this from you. It was your aunt who asked me to come to you. It's better to explain some things clearly." Mr. Cao said. He believed that Fang Yi was a smart man.

When he said this, Fang Yi immediately understood: his ex-mother-in-law had always looked down on him, and this time she sent the old man to find out. I am afraid that this matter is not as simple as the old man said. Most likely, she wanted the old man to warn him to stay away from Cao Xiaohui. Point, roll as far as you want.

Fang Yi and Cao Xiaohui have been married for so many years, and they know the temper of their former mother-in-law very well.

"I understand! Please tell Auntie, whether I give money or a computer, I am fulfilling my responsibility as a father, and it is all for my son Fang Anzhi to live a better life.

In addition, I don’t think Cao Xiaohui has any plans to reconcile with me, at least not yet, otherwise she wouldn’t go on a blind date as you and your aunt want. Do you think so? "Fang Yi said with a smile.

Although he had a smile on his face, his heart was bitter.

He wholeheartedly wants to get his old life back and fill his home with laughter, but now he doesn't have the strength. He doesn't want to spend his whole life looking up to others and being looked down upon, especially his mother-in-law. He wants to win the respect of the people around him with his strength, instead of having the people around him pity him or curl their lips when they see him.

During this period, when he couldn't sleep at night, he thought more than once about having a good talk with Cao Xiaohui about remarriage. But as time went by, Cao Xiaohui seemed to have no intention of forgiving him so far, and she didn't even bother to scold him when they met, which made Fang Yi feel very uncomfortable.

It's not that Fang Yi is being mean, but he knows what it means. Cao Xiaohui's feelings for him have faded, as weak as a glass of boiled water. His quality has nothing to do with her. If it weren't for the sake of the child, Cao Xiaohui would have been I became a stranger to him.

A good hand of cards made him miserable, so who could he rely on?

Perhaps maintaining the current state is the best result, and the future can only be discussed in the future.

"Yes, you are right." Mr. Cao was a little embarrassed.

"I haven't had a drink with you for a long time. Let's not talk about anything else today, just drink!" Fang Yi said and asked the waiter for a bottle of Laobaigan. He knew that this is what the old man usually likes.

At this time, the dishes had been served one after another, and Fang Yi accompanied Mr. Cao to drink wine. Although neither of them enjoyed the wine (it's strange that everyone has their own concerns and can enjoy themselves), they basically understood what the other party meant. , which can be regarded as substantial progress. Mr. Cao can go back and explain to his wife.

The next day, Fang Yi came to the procuratorate.

The person in charge of Du Jianjun's case is a female prosecutor named Cai who has worked for more than five years. After receiving Fang Yi's call, I felt that the lawyers who came to discuss the case and exchange opinions were just going through a procedure and performing it for the client to prove that they had done their job, nothing more. So she didn't pay much attention to Fang Yi's arrival.

Prosecutor Cai, whom Fang Yi wants to see, has a round face, big eyes, short hair, and a frosty face. He is wearing the uniform of the Procuratorate and exudes a heroic spirit.

"Hello, I am Du Jianjun's defense lawyer. Here are my procedures and lawyer's certificate." Fang Yi said and handed over the relevant documents.

Prosecutor Cai looked at the relevant documents, then put them on the table and said: "As for Du Jianjun's case, we believe that he is guilty of extortion. Do you have any new discoveries or evidence?"

“So far, I have no new evidence, but I think whether Du Jianjun is guilty of extortion is debatable.

I went to the court yesterday to review the case file and looked at the evidence and relevant documents submitted by your court. I have nothing to say about the facts.

However, there are some objections regarding the applicable law. I think from the principle of consistency between subjectivity and objectivity, Du Jianjun does not necessarily constitute the crime of extortion. "Fang Yi said.

"Oh? We don't think so.

According to the information we have, the defendant Du Jianjun incited and organized villagers to block the roads and wellheads of the coal mine on the grounds that the coal mine occupied land and the compensation was too low, seriously affecting the normal production of the coal mine.

After the coal mine paid compensation for the land occupation in accordance with the agreement reached with the villagers, the defendant Du Jianjun and others still demanded compensation from the coal mine for land property compensation, collective land compensation, administrative detention losses, and civil litigation losses. They threatened to destroy the coal mine and forced the coal mine to pay compensation of 150,000 yuan. It can be seen that Du Jianjun's behavior meets the objective requirements of the crime of extortion.

We should look at this case as a whole and connect what happened on the day of the crime with the entire incident. Nie Zhen, the owner of the coal mine, was threatened by the entire incident and fell into fear and handed over 150,000 yuan.

Therefore, Du Jianjun subjectively aimed at illegal possession, and objectively used verbal threats and gathering crowds to cause trouble to extort property in huge amounts. His behavior has constituted the crime of extortion. "Inspector Cai looked at Fang Yi after speaking.

She wanted to see Fang Yi's deflated expression to satisfy her competitive spirit, but she was disappointed in the end.

“Well, I partly agree with your opinion, let me share my opinion below.

You just said that Du Jianjun incited and organized the villagers to block wellheads and roads, prevent the coal mine from normal production, destroy the coal mine, burn the coal mine and other threats, forcing the coal mine owner Nie Zhen to pay various compensations, including a compensation of 150,000 yuan. Yuan, possessing the objective elements of the crime of extortion. I agree with you on this.

However, whether Du Jianjun constitutes the crime of extortion cannot only depend on the objective elements. The key lies in the determination of his subjective intention.

According to the criminal law, only when the subjective and objective aspects are unified can a crime be constituted. I think there should be no differences between us on this point. "After finishing speaking, Fang Yi looked at Inspector Cai.

Prosecutor Cai did not speak, but nodded, indicating his agreement.

“If Du Jianjun had the subjective purpose of illegally possessing the property of coal mine owner Nie Zhen, his behavior constituted the crime of extortion; if he did not have the purpose of illegal possession, he cannot be found to have constituted the crime of extortion.

Based on the specific facts of this case, I believe that Du Jianjun cannot be found to have the subjective purpose of illegally possessing Nie Zhen’s property for the following reasons:

1. The meaning of “illegal possession”

According to the relevant provisions of my country's civil laws, property rights are protected by law. To obtain other people's property, there are generally two ways: 1. Obtain it in accordance with legal provisions; 2. Obtain it through civil legal acts.

If an actor despises the existence of the law, has no factual or legal basis for other people's property, and fails to pay the corresponding price, violates laws and regulations, circumvents legitimate market behavior, and forcibly obtains other people's property at zero cost, this behavior is illegal possession. . Theft, robbery, robbery, extortion, embezzlement, fraud, etc., are illegal possession-type property crimes. "