Lawyer's character

Bao Li and her husband Niu Niu Shengming opened a clothing store in the village. They usually live in the village when they are busy doing business. Their children also go to school in the village. Only the mother lives in the village. The couple goes back to visit her every now and then.

In June last year, the county carried out new rural construction in accordance with the above requirements. After that, the county reached an agreement with a group company from other provinces, and the group company established a new investment and development company to develop and construct the land in the county. The demolition work within the planned land scope will be carried out by the demolition company entrusted by the county.

In October last year, Niu Shengming's mother signed a house demolition agreement with the demolition company due to the demolition of Niu Shengming's house and the relocation of their graves. Niu Shengming's mother received a house demolition compensation of RMB 335,600. The compensation for the relocation of Yuanhe's tomb is RMB 48,500.

Niu Shengming and his wife believed that their mother signed the demolition agreement without consulting them and were very dissatisfied with her mother's behavior. However, they did not raise any objection to the demolition compensation standard. Niu Shengming also received a house compensation of RMB 250,000 from his mother. .

In early November last year, Niu Shengming was dissatisfied because his mother did not inform him of his presence when moving the tomb. Subsequently, Niu Shengming had a fierce quarrel with his mother, uncle Niu Gang and other relatives. If the villagers had not stopped the two parties in time, they would have fought. .

After that, with the mediation of the village elders, the two parties reconciled. Niu Shengming apologized to his uncle's family.

Niu Shengming returned home, pondered over it, and concluded that the discord between their relatives was caused by the failure of the demolition office to do its job properly. This gave rise to the idea of ​​asking the demolition office for compensation for losses related to demolition and tomb relocation.

At the end of December of that year, Niu Shengming drafted a claim material requesting the demolition office, investment and development company and other units to compensate for the damage to the residence and ancestral tombs. The requested amount was 850,000 yuan.

In addition, Niu Shengming also wrote a letter reporting the illegal and illegal behavior of the investment development company and the demolition office during the project development process. After that, he handed over the claim materials to the demolition office and handed the letter to the relevant departments in the county.

Soon after, Nong Chuanqing, the general manager and chairman of the investment and development company, learned that Niu Shengming had reported the project developed by the company. He was worried that it would be detrimental to the progress of the project, so he obtained Niu Shengming's contact information through his connections. After that, he called Niu Shengming. Sheng Ming asked him to interview and understand his intentions.

Two days later, Niu Shengming met with Nong Chuanqing as scheduled and handed over the letter and claim materials to Nong Chuanqing. Niu Shengming claimed that if his requirements were not met, he would report to the relevant departments that the project was illegal and that the project would be illegal. Can't do it.

Nong Chuanqing considered that the investment and development company had invested a large amount of money in the project. In order to ensure the smooth progress of the development project, he agreed to compensate the Niu family. Since then, Niu Shengming and Nong Chuanqing had many negotiations.

After negotiation between the two parties, Niu Shengming and Nong Chuanqing finally reached an agreement that the investment and development company would compensate Niu Shengming in the amount of RMB 500,000.

Three days later, after Niu Shengming signed a letter of commitment drafted by Nong Chuanqing about his willingness to pay RMB 500,000 for the JB project, he received an initial payment of RMB 200,000 from Nong Chuanqing. .

After the incident, the public security organs arrested Niu Shengming for extortion and recovered RMB 200,000 which has been returned. In mid-April this year, the county procuratorate filed a public prosecution in a certain county people's court for Niu Shengming's crime of extortion.

The county court held that the defendant Niu Shengming used coercion means to extort huge amounts of money from others for the purpose of illegal possession, and his actions constituted the crime of extortion.

In accordance with the provisions of Article 274 of the Criminal Law, the defendant Niu Shengming was sentenced to six years in prison for extortion.

After the verdict of the first instance was announced, the defendant Niu Shengming was dissatisfied and appealed.

"Ms. Bao, let me ask you, was it your husband Niu Shengming who took the initiative to contact Nong Chuanqing of the investment and development company, or did the other party call your husband first? Who contacted whom first?" Fang Yi asked.

"We are just ordinary people. Where can I find the phone number of the CEO of an investment and development company? It was Nong Chuanqing from the investment and development company who called my Niu Shengming.

The two of us were busy in the store at that time, and the mobile phone rang. After answering the call, Niu Shengming said it was from the investment and development company and wanted to talk to him about compensation. Bao Li replied.

“Well, I don’t think your husband’s case necessarily amounts to racketeering.

Judging from the current understanding of the situation, Niu Shengming's behavior does not meet the subjective and objective elements of the crime of extortion. The crime of extortion refers to the act of forcibly extorting public or private property in a relatively large amount for the purpose of illegal possession, using threats or coercion.

In this case, your husband reported the situation to the relevant departments based on his dissatisfaction with the demolition compensation. Subsequently, the investment and development company took the initiative to contact Niu Shengming to discuss the compensation situation.

Your husband's above-mentioned behavior is not consistent with the subjective purpose of illegal possession, and the objective use of threats or coercion to forcefully obtain public and private property.

Of course, this is just my preliminary judgment. I need to read the case file before I can know the details and make a final judgment. "Fang Yi said as he put down the criminal verdict.

"Then look at my family's case..." Bao Li was a little confused, looking at Fang Yi and then at Zhou Ying and Yun Qiao.

"Sister Bao, are you here today to entrust Lawyer Fang to help you handle this case, or do you just want to come for consultation?" Zhou Ying was impatient, so seeing Bao Li acting like this, she took over the conversation.

"I want to entrust... Can my old cow be released?" Bao Li asked.

"It's hard to say yet. We have to read the case file before we can give a final defense plan. We will do our best." Fang Yi said.

"Then...the legal fees?" Bao Li wanted to save her husband, but she also had to consider the cost. The family had to continue living their lives. If the legal fees were too high, she had to consider it.

"The legal fees for the second trial will not be lower than those for the first trial, because I did not handle the first trial. I have more work to do, and the legal fees are 150,000," Fang Yi said.

Bao Li's heart tightened. The legal fees are not cheap. The lawyer's fee from the county was only 50,000 yuan. Now it costs 150,000 yuan, which is three times the first-instance lawyer fee. But then she thought again, Lawyer Fang Where is his reputation? How can the lawyers in the county compare with him? When registering at the hospital, there are specialist numbers and ordinary numbers. There is a reason why you are more expensive...

"Lawyer Fang, I know that you are a lawyer who specializes in criminal litigation, and you have handled many big cases. My family's living conditions are average, and there are seniors and juniors. Do you think you can charge less for the lawyer's fees?" Bao Li said in Bao Li's eyes. Reveals the shrewdness of traders.