Lawyer's character

"Well, that's the truth. But my son asked Huzi to go to his friend to ask for money. Would this be possible..." Shi Guangyong scratched his bald head.

“In this case, your son Shi Ling caught someone in bed and blackmailed the victim for 100,000 yuan by threatening him with having an improper relationship with Jiang Yu.

Although Shi Ling detained the victim in a hotel room, Shi Ling did not threaten him and called the victim's relatives and friends to ask for ransom. Subjectively, Shi Ling just wanted to extort 100,000 yuan from the victim.

Judging from what you just said, it was the other party who suggested "paying money to settle the matter", and it happened before Shi Ling restricted the victim's personal freedom.

Although Shi Ling instructed Huzi to withdraw money from the victim's friend, which constituted blackmail, the victim borrowed the money from his friend on the grounds that he was in urgent need of money. Your son and others have always targeted the victim himself for blackmail and blackmail. He did not extort money from others on the grounds of tearing up votes.

Therefore, I believe that Shi Ling’s behavior does not meet the constitution of the crime of extortion-type kidnapping. Do you understand? "Fang Yi tried his best to explain in a language that the other party could understand.

"I understand, what about robbery?" Shi Guangyong asked.

“The crimes of extortion and robbery are both crimes against property, and the perpetrators subjectively aim to illegally possess other people’s property.

However, the means of the crime of extortion are limited to threats, while the means of the crime of robbery include not only threats, but also violence, anesthesia, etc., with the purpose of making the victim unaware, unable, and afraid to resist, in order to achieve the purpose of robbery.

In this case, your son was able to successfully extort money because he took advantage of the fact that the victim had an improper relationship with Jiang Yu, and then extorted money. It was not for no reason. When he saw that the other party had money, he went up to force the other party to pay, so Does not meet the constitution of the crime of robbery. Are you wondering if this is what I said? "Fang Yi said.

Shi Guangyong felt a sudden enlightenment and said with bright eyes: "Lawyer Fang, if I follow your words, how many years will my son be sentenced?"

"Article 274 of the Criminal Law stipulates that whoever extorts public or private property for a relatively large amount or for multiple extortions shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there is If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and not less than a fine.

According to Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion", the value of extorted public and private property is from 2,000 yuan to more than 5,000 yuan, from 30,000 yuan to more than 100,000 yuan, If the amount exceeds 300,000 yuan to 500,000 yuan, it shall be deemed as 'relatively large amount', 'huge amount' or 'especially huge amount' as stipulated in Article 274 of the Criminal Law.

The High Court in our province has not made special provisions on the above standards. Therefore, based on the above provisions, your son extorted 100,000 yuan from the victim and actually obtained 50,000 yuan. This should be a huge amount, and it is very likely that he will be sentenced to a fixed term of not less than three years but not more than ten years. imprisonment.

The specific number of years of the sentence depends on the circumstances of the trial. Of course, the court of second instance may also uphold the original verdict, and there is some element of luck involved. "Fang Yi said.

He is actually 'pointing' to Boss Shi. The situation in the second trial is changing rapidly. Don't listen to what I say. It's very nice. Just find a cheap lawyer from the roadside and go to the court for a hearing. If you really do that, there is a risk of the court rejecting the appeal. .

Of course, even if you entrust me, it is possible that your son will lose the case due to bad luck, but the risk will always be smaller, so you have to weigh the pros and cons yourself.

"Oh, three to ten years..., Lawyer Fang, if I entrust this case to you, how will you charge the legal fees?" Shi Guangyong hesitated for a moment, looked at Fang Yi and asked.

"One hundred and fifty thousand." Fang Yi said.

Fang Yi thought about it, you just said that the other party asked for 100,000 yuan in the first trial, but the lawsuit turned out to be a mess. I will do my best for you, and the legal fees cannot be less than 100,000 yuan. With your strength, Shi Guangyong, this Money doesn't matter. Asking for less in attorney fees is like looking down on you. The legal fees of 150,000 yuan leave room for bargaining for you.

"Lawyer Fang, it's not me who bargains. I can pay even 250,000, not to mention 150,000 yuan. It's not a big deal. But then again, one learns from every experience. I can't afford this money. Here you go.

Do you think this will work? I will give you 50,000 yuan in legal fees first. If the lawsuit is finished later and my son is sentenced to less than ten years, I will give you 30,000 yuan for one year less. And the money doesn’t have to go through public accounts, I’ll give you cash.

Don't worry, I'm definitely not an unreasonable person. What I say will count. As long as you don't frame me, whatever I say today will be what I do later. With Mr. Gao here, I won't default on my debt. "Shi Guangyong said with confidence.

At this moment, Sister Lan walked in with a smile.

"Mr. Shi, Brother Fang, how was your discussion?" Sister Lan asked after sitting down.

"Basically, we've negotiated. Now we're just waiting for Lawyer Fang's nod." After saying that, Shi Guangyong looked at Fang Yi and said, "Lawyer Fang, I'll keep my word. I'll first take 300,000 and put it with Mr. Gao. Later, Mr. Gao will directly follow the agreement. How about giving you some money?"

Later, Shi Guangyong told Sister Lan about the lawyer's fees that he had discussed before.

"Brother, I think this method is feasible. Mr. Shi is very trustworthy. He will deposit 300,000 yuan in cash with me first. Then I will pay you directly." Sister Lan said carelessly.

In Fang Yi's opinion, Sister Lan is a typical person who heals her scar and forgets the pain. He still remembers what happened to Qian Linlin before.

But Sister Lan had different ideas from him. Sister Lan had been dealing with Shi Guangyong for at least eight years. Boss Shi was not the kind of person who would only ask for things. He had credit and money, and Sister Lan had always had business dealings with him. Everyone He is a social person and is not afraid of his regrets.

If Boss Shi really doesn't pay him, it's like a slap in the face, and he won't have to hang out in the circle anymore. To put it bluntly, Boss Shi can't afford to offend a big customer (Sister Lan) for this little money. .

"Okay, let's follow Mr. Shi's suggestion. Mr. Shi, you go to the law firm tomorrow morning to sign the authorization procedures, and I will make an appointment for a meeting at the detention center and a court review." Fang Yi said.

"Okay, Lawyer Fang is so refreshing. We don't need tomorrow. Today I will go to the firm with you to sign the entrustment procedures and transfer the money to you right away. Tomorrow I will give 300,000 in cash to Mr. Gao." Shi Guangyong slapped the table and said .

In fact, he was quite anxious. He didn't dare to joke about his son. If he signed the contract early and made preparations early, he would feel more at ease.

The next day, Fang Yi took Zhou Ying and started running to the detention center and court to prepare for the trial.

A week later, Shi Ling's case came to trial. In the 21st Courtroom of the Intermediate People's Court, Shi Ling was taken to the dock. Because Huzi and Erleng had been absconding and had not been brought to justice, Shi Ling was the only one on the dock.

…

The presiding judge is a male judge in his forties. After the judge beside him read out the first-instance verdict, the presiding judge said solemnly: "The appellant Shi Ling will first read out the appeal or state the reasons for the appeal."