Lawyer's character

“2. Niu Shengming’s behavior does not meet the objective requirements of ‘extorting public and private property by means of threats and coercion’ in the crime of extortion.

The objective behavioral elements of the crime of extortion should meet the following characteristics:

1. Using threats and coercion;

2. The content of the threat or coercion is enough to cause panic and fear in the person being threatened or coerced;

3. The person being coerced has disposed of the property and handed over the property to the person who threatened or coerced him.

In this case, Niu Shengming’s behavior did not meet the objective behavioral requirements for extortion. The specific reasons are as follows:

1. Niu Shengming was exercising his legitimate rights by filing a claim against the developer.

After Niu Shengming handed over the claim materials and reporting materials to the relevant departments, Nong Chuanqing of the investment and development company contacted him. During this process, Niu Shengming did not inform Nong Chuanqing that he had reported the project to the relevant departments for illegality. , violation.

In other words, Niu Shengming did not directly make so-called "threats and coercions" to the investment and development company on the condition of reporting.

2. The investment and development company obtained the information reported by Niu Shengming, not from Niu Shengming’s initiative, nor from Niu Shengming’s conditional claim against him.

In order to understand Niu Shengming's true meaning, the investment and development company took the initiative to make an appointment with Niu Shengming.

Niu Shengming handed over J's report and claim materials to Nong Chuanqing of the investment and development company after meeting with him. In other words, linking J's report with the claim materials was the result of the investment and development company's initiative. The investment and development company had already had this idea before meeting Niu Shengming.

3. The negotiation between Niu Shengming and the investment and development company is a civil negotiation process, and the result of the negotiation is not the result of blackmail.

Niu Shengming did not agree to sign the commitment letter at first. After negotiations, the investment and development company repeatedly promised not to let anyone know and said that everyone must abide by their commitments before he signed the commitment letter.

The investment and development company invested 500,000 yuan in exchange for Niu Shengming's promise to stop JB's violation of the project's laws and regulations.

The witness testimony of Nong Chuanqing, who invested in the development company, also said: The reason why Niu Shengming was asked to sign the letter of commitment that was not conducive to him was so that once Niu Shengming got the money and still reported it, he could use the letter of commitment to report it to the relevant departments. Report his wrongdoing and protect the company's self-interests with a letter of commitment.

It can be seen from this that Niu Shengming signed the letter of commitment entirely as a result of civil negotiations, while the investment and development company asked Niu Shengming to sign the letter of commitment for the purpose of creating evidence of extortion.

4. Niu Shengming’s subsequent performance also showed that his claim behavior was not consistent with the characteristics of extortion.

When Niu Shengming discovered that the commitment letter was not good for him, he asked for a refund of the 200,000 yuan he had claimed, but was rejected by the investment and development company. This also shows that Niu Shengming’s initial intention to claim compensation was not based on reporting as a means and condition. Therefore, Niu Shengming’s behavior does not meet the objective behavioral characteristics of the crime of extortion.

To sum up, in this case, Niu Shengming submitted a J letter to the relevant departments, reflecting the irregularities and illegal behaviors of the investment and development company during the project development process, which is a normal XF behavior. Its negotiation with the investment and development company regarding the claim is a normal civil act. Therefore, Niu Shengming’s behavior does not constitute the crime of extortion. complete. "Fang Yi responded.

…

Niu Shengming's case caused a lot of sensation in the local area. It had been reported by major newspapers, tabloids and online media before, so the local media paid a lot of attention to the case.

Speaking of which, this must be attributed to the investment and development company. Originally, the investment and development company wanted to use this case to establish its authority in the local area and let the people know that the money from the investment and development company was not so easy to get, so it added fuel to the fire to the media and created a lot of publicity for the case. potential. As a result, the investment and development company had figured out the beginning, but failed to guess the ending, which was a self-defeating move.

Outside the gate of the court, many local reporters were interviewing the released Niu Shengming. The latter was very excited. There were no nonsense words of thanks, only the honest truth about his grievances.

The Intermediate Court held that although the appellant Niu Shengming used blackmail as a means to claim compensation and obtained a huge amount of money, the appellant's claim was based on the certain civil rights he enjoyed in house demolition and tomb relocation, so it was determined that the appellant was guilty of extortion. The subjective intention of "for the purpose of illegal possession" in the essential element is insufficient, and the appellant cannot be found guilty.

The appellant and defender put forward their defenses and opinions of innocence, which were adopted. In accordance with the provisions of Article 189 (2) and Article 162 (3) of the Criminal Procedure Law, the original verdict was revoked and Niu Shengming was declared innocent.

Fang Yi and Yun Qiao originally planned to drive back after the court session, but they were stopped by Niu Shengming and Bao Li, who wanted to treat Fang Yi to dinner as a token of their gratitude. Yun Qiao got her lawyer's license a week before the trial, so she also came to the trial this time.

Early the next morning, the verdict of Niu Shengming's case was published online and in newspapers, and Fang Yi's name came into everyone's sight again.

…

Summer mornings are not refreshing. The sun goes to work too early, and soon the earth enters a scorching state. Walking on the asphalt road, you can only feel the heat wave, making people unable to breathe.

After Zhou Ying got off the air-conditioned bus, she held up a parasol and walked quickly to the office building. In the elevator, she happened to meet Du Yong who was coming up from the underground parking lot in the elevator.

Du Yong, who received a bonus at the end of the year, bought a new car. Originally, Meng Guangda and others thought that Du Yong would buy a better, higher-end car, but Du Yong just sold his old car and bought a new Jetta King. In Du Yong's words, this kind of car skin is durable and low in maintenance costs.

"Lawyer Du, yesterday Lao Xie gave me a criminal case from the next city. The case is relatively simple. I just got it and have never met the client. How about I transfer it to you? I don't have a car. It's quite far to go to the next city. ..." Zhou Ying looked at Du Yong.

"How much is the lawyer's fee?" Du Yong asked smoothly.

"It's not much. The lawyer's fee is 20,000 yuan, plus 2,000 yuan for travel expenses. If you agree, I will ask Lao Xie to change the lead lawyer later." Zhou Ying replied.

"Okay, I took it." Du Yong hesitated and said.

Everyone knows about the rewards at the end of the year. Du Yong and Meng Guangda are both people who have been beaten up by society. The purpose of their work is to handle more cases and make more money.

In fact, lawyers on the team have been swapping cases with each other for a long time. It is normal for everyone to be too busy or to rush to court and switch to the lead lawyer. As long as both parties agree to change, Fang Yi has no objection. His bottom line is that work cannot be delayed.

"Why haven't you seen Brother Da recently?" Zhou Ying asked Du Yong after stepping out of the elevator.

"Some time ago, Lao Xie assigned several criminal cases from other provinces to Brother Da. He has been on a business trip during this period. I saw him yesterday afternoon. You happened to be out in court and were not here.

Da Ge said that he was going to the detention center to meet with the client this morning. It was the case that Yuwen introduced to him. It seems to be an intentional homicide. "Du Yong and Zhou Ying walked into the law firm as they talked.