Lawyer's character

The courtroom echoed with the sound of the collegial judge reading out the first-instance verdict. Opposite Fang Yi, two female prosecutors sat at the prosecutor's table. Their faces were so frosty that people dared not approach them.

…

"The appellant Niu Shengming will first read out the appeal or state the reasons for the appeal." After the judge read the first-instance judgment, the presiding judge looked at Niu Shengming in the defendant's seat expressionlessly and said.

"Presiding judge, judge: My reason for appeal is: the factual error found by the court of first instance was that Nong Chuanqing of the investment and development company first called me and asked me to discuss compensation for the demolition of houses and ancestral graves.

I have never thought about blackmailing Nong Chuanqing. I contacted Nong Chuanqing from the investment and development company. Negotiating compensation is a civil negotiation process. I have never thought about blackmailing the investment and development company...

I request that the original verdict be revoked and that I be declared innocent. "Niu Shengming has a strong body, but his eyes are a little uncertain. His hands holding the letter with the reasons for appeal are trembling slightly, and his voice is trembling.

"The defense lawyer issued his reasons for appeal." After Niu Shengming issued his appeal opinions, the presiding judge looked stern and continued with the procedure.

“The defender believes that the court of first instance made an error in determining the facts and improperly applied the law.

Although the appellant Niu Shengming used threatening language, reached an agreement with the investment and development company through negotiations, and obtained a huge amount of money, the defendant's claim was based on certain civil rights in house demolition and tomb relocation. Therefore, the court of first instance found that The appellant's subjective intention of "for the purpose of illegal possession" as one of the elements of the crime of extortion is wrong. Based on the existing evidence, the defendant cannot be found guilty. Request the court to acquit the defendant in accordance with the law. complete. "Fang Yi expressed the above reasons.

…

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment." The presiding judge looked at the prosecutor's seat.

"Okay, presiding judge." The female prosecutor looked at the question outline and said: "Appellant Niu Shengming, did your family sign a demolition agreement and an agreement related to the relocation of graves? Who signed it?"

"I signed it. It was signed by my mother. But I don't agree. I have objections to the amount of compensation." Niu Shengming replied.

"Have you raised objections to the relevant departments regarding the demolition compensation standards? Or filed a lawsuit in court?" the female prosecutor continued to ask.

"No." Niu Shengming shook his head.

"How did you meet Nong Chuanqing from the investment and development company?" the female prosecutor continued to ask.

"He called me before to discuss compensation, and we got to know each other after that. We met several times later, all to discuss compensation," Niu Shengming replied.

"Your family has signed a demolition compensation agreement, why does the investment and development company still want to negotiate compensation with you?" The female inspector looked at him.

"Nong Chuanqing didn't say it, but I guess it was because I wrote a JB letter about violations and illegal activities during the development process of the project. This letter should have played a role." Niu Shengming recalled.

"How did you discuss it with Nong Chuanqing?" the female prosecutor then asked.

"I told him: If my requirements are not met, I will tell the relevant departments that this project is illegal and the project cannot be carried out. Anyway, that's what I mean." Niu Shengming said.

It's okay for him not to say it. During the interrogation, the prosecutor asked him before, and there is a transcript, and that's what he said.

"How much did the investment and development company give you?" the prosecutor asked.

"The investment and development company promised to give me 500,000 yuan. They gave me 200,000 yuan first, but they were all taken away by the police." Niu Shengming said truthfully.

"Presiding judge, we have finished asking questions." The female prosecutor looked towards the trial seat.

"The defender of the appellant Niu Shengming asked a question," the presiding judge said.

"Appellant Niu Shengming, before you contacted Nong Chuanqing from the investment and development company, did you request demolition compensation from the relevant departments?" Fang Yi asked.

"After requesting it, I submitted a claim material to the demolition office asking the demolition office, investment and development company and other units to compensate for the damage to my house and ancestral graves. Later, I wrote a JB letter and mailed it to the relevant departments, reflecting that the project was under development There were violations and illegal behaviors in the process," Niu Shengming said.

"After you negotiated with Nong Chuanqing of the investment and development company, did you sign an agreement?" Fang Yi asked.

"Signed, Nong Chuanqing asked me to sign a letter of commitment." Niu Shengming replied.

"What's written in the commitment letter?" Fang Yi asked.

“I can’t remember the specific content, but the main meaning is that after I take the money, I can no longer report the project’s violations to the relevant departments.

Later, I felt something was wrong, so I went to the investment and development company to find him again. I wanted to refund the 200,000 yuan to the company and get the letter of commitment back, but the person from the investment and development company disagreed. Then I was caught. Niu Shengming said.

"Have you and your mother signed a separation agreement? Will the family's shared property be divided?" Fang Yi asked.

"No, I didn't sign a separation agreement. Since my father's death, our family has never been separated. We have always lived together. I am the only child in the family, so there is no need to separate the family at all." Niu Shengming said.

"Presiding Judge, the defender has finished asking questions." Fang Yi said.

"Do the prosecutors, defenders, and appellant have any new evidence to submit?" the presiding judge looked at the three parties.

"There is no new evidence." All three parties responded.

…

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

Let the appellant speak first. "The presiding judge spoke very fast, and it was obvious that he had said this set of words countless times.

Niu Shengming still used the same words as before, and Che Zhuglun talked back and forth, which made people feel a bit talkative. Later, he was stopped by the presiding judge.

"The defender of the appellant Niu Shengming spoke," the presiding judge said.

"Presiding Judge, Judge: The defender believes that the court of first instance made an error in determining the facts and improperly applied the law. In this case, Niu Shengming's behavior does not constitute the crime of extortion for the following reasons:

1. Although the amount of claim filed by Niu Shengming is huge, it is based on a civil dispute caused by the demolition of houses and ancestral graves, so it cannot be determined that it has the purpose of illegal possession.

2. Niu Shengming JB is not a means of "threat or coercion" in the crime of extortion, but a method to fight for the disputed civil rights. Furthermore, Niu Shengming's claim in this case is not proactive, but was actively negotiated by the investment and development company. result.

In summary, we request the court to acquit the defendant in accordance with the law. complete. "Fang Yi expressed his opinion.

"The prosecutor will now speak," the presiding judge said.

"Presiding Judge, Judge: We believe that the facts determined by the court of first instance are clear and the applicable law is correct. According to the evidence in this case, the appellant has committed obvious extortion behavior. We request the court to reject the appellant's claim in accordance with the law. Completed." Female The prosecutor expressed his opinion.