The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 121 What If They Don't Want to Go to Jail

"Another case where a pig can win!"

"I took this case!"

After listening to Qin Mu's analysis, Wang Dachui was quite excited.

directly agreed to represent the case.

This lawsuit involved criminal offenses again, and because of its particularity...

It is a private prosecution case!

That's right.

In this case, according to the procedural law, the victim needs to prosecute himself.

Under normal conditions.

When a criminal case occurs, the public prosecution organ, that is, the procuratorate, initiates a public prosecution to the court.

Then the court issued the case to the public security organ under its jurisdiction, and the public security organ filed the case for investigation.

But the crime of personal prosecution, bigamy, and special criminal cases are excluded.

The crime of personal prosecution belongs to the crime that is dealt with only after the complaint, such as defamation, extortion and so on.

And this case...

The initial cause was a civil dispute, which eventually developed into a criminal offense.

Subject to special criminal cases.

otherwise……

The public prosecution agency has already prosecuted this criminal act.

and so.

This case needs to be prosecuted in court by yourself, and you also need to hire a lawyer yourself.

"Then the lawyer's problem is solved. I'll go to Lao Zhang to ask if there are any other details, and see if I can find out new charges."

Qin Mu nodded.

Then he turned and left the office.

Wang Dahammer blinked.

Looking at Qin Mu's leaving back, he couldn't help taking a breath.

In his opinion.

Three counts are enough.

But it seems that Qin Mu is not very content...

……

Jincheng.

An old neighborhood.

Zhang Tao, in his fifties, sat on the sofa and took a deep drag on his cigarette.

moan and groan.

In the past few years, he has been tortured by that middle-aged couple too much.

five years ago.

He bought a house in Lijingyuan Community in Jincheng and paid [-]% of the down payment.

After handing over the house.

Because I didn't get the decoration money together, I delayed it for a while and left it vacant.

But who could have imagined...

After he had saved enough money for renovation, he found out that his house had been taken over by someone.

The key was replaced with a new one.

The original Qingshui rough house was simply renovated by the middle-aged couple.

No matter how much he persuaded, the couple refused to move.

even……

He took them to court at his own expense, and won, to no avail.

The middle-aged couple refused to leave.

Even the bailiffs couldn't help it.

Later, things got into trouble with 110.

But when 110 rushed to the scene, seeing the other party's arrogant attitude, they just exchanged a few words.

They dared not forcefully pick the lock.

Things dragged on...

It has been delayed until now, a full three years!
these three years.

He repays the mortgage on time every month, but he hasn't even lived in his own house for a day!
Every time he thinks about it, he panics.

Nearly had a heart attack several times.

Now I don't want to spend any more, and plan to sell this apartment...

But the viewers couldn't even enter the house, let alone sell it.

"Still suing? Is it useful?"

Thinking of the phone call from his father, he let out a long sigh.

Helplessly shook his head.

The couple has completely ignored the court's decision.

Threatening law enforcement officers by jumping off a building at every turn.

Even if the lawsuit is won...

He felt that it was still the same result as last time.

"Jingle Bell--"

at this time.

His cell phone rang suddenly.

Zhang Tao checked the caller ID, it was an unfamiliar number.

frowned.

He picked up the call.

"Hello? Is it Boss Zhang?"

"The intermediary brought those messy people to see the house again today. I said, can you calm down a little?"

"We still live here, what right do you have to sell the house?"

"Besides, although this house belongs to you, we paid for the decoration of the house. Before you sell it, you should at least discuss it with us, right?"

As soon as it was connected, a middle-aged man's voice came from inside.

His tone was full of dissatisfaction.

Just a few words.

In an instant, Zhang Tao was blown away, and angrily said: "You still have the nerve to call me? I bought this house, and you have taken over my house. If I sell a house, I still need to discuss it with you?"

"I paid the down payment, I gave the mortgage, and my name is written on the title certificate. What does this house have to do with you?"

His eyes were red, and he was clutching his phone tightly.

Emotions are overwhelming.

In the past three years, he was almost driven crazy by this middle-aged couple.

It doesn't make sense.

Can't drive away.

He has been honest all his life, and was forced by them to kill several times.

If he hadn't thought of himself as an old man and a young man, he would have done this a long time ago.

"Boss Zhang, haven't I explained it to you? We didn't intend to occupy your house. The developer of the community owed us a flat. He has been refusing to pay us back. We have nothing to do."

over the phone.

The middle-aged man also noticed that Zhang Tao was agitated and explained something.

"The developer owes you the house, so go sue him, why are you occupying my house?!"

Zhang Tao asked angrily again.

The middle-aged man paused for a few seconds, then continued: "We have already sued..."

"Edit!"

But it's not over yet.

He was ruthlessly exposed by Zhang Tao: "You continue to make up for me! Do you think I didn't check?"

"In the court's civil lawsuit, there is no lawsuit against you at all!"

"You don't go to the lawsuit yourself, but you are relying on me. It has been three years. I have never had any grudges against you. You have occupied my house for three full years!"

Speaking of it.

His face was flushed with anger, and he was on the verge of going berserk.

Situations like this...

It has happened no less than ten times in the past three years.

"You calm down first."

over the phone.

The middle-aged man didn't dare to be too hasty, and said, "Actually, we don't want to occupy your house all the time, so how about it, you want to sell the house anyway, and half of the money for selling the house will be shared with us. We will definitely move after we get the money." Walk."

The voice fell.

Zhang Tao's eyes widened, and his lungs were about to explode on the spot.

"Half of you?"

on the phone.

The voice of the middle-aged man continued to be taken for granted: "Of course, we have lived in the house for three years, and we have feelings."

"Besides, we also spent the money for the decoration of this house. If you are selling the house now, it's fine if you don't notify us. You have to give us half of the money for selling the house..."

"Shameless!"

Zhang Tao laughed back angrily, and scolded angrily: "I'm really pulling my ass with a knife, I opened my eyes, there are really shameless people like you in the world!"

"Let me tell you, you won't get any money, and I will go to court to sue you tomorrow!"

After speaking.

He hung up the phone backhandedly.

He was afraid to listen any more...

It will really piss yourself off.

"Dududu-"

Listen to the busy tone after hanging up.

He took ten deep breaths before he managed to calm down his soaring blood pressure.

"I can only try it tomorrow, a dead horse is a living horse doctor..."

He let out a long sigh.

He silently lit another cigarette.

……

at the same time.

Lijingyuan District.

18 Building 1501.

"Dududu-"

Listening to the busy tone on the phone, Jia Zuoying frowned in dissatisfaction.

"He won't share the money?"

In the kitchen, the middle-aged woman Wang Finn came out and asked with curled lips.

Jia Zuo replied: "Not only refused to make a decision, but also said that we will go to court to sue us tomorrow."

Wang Finn heard the words.

Can't help but sneer: "Didn't they sue two years ago? Now they are going to do this?"

"The last time I went to court, I tore up all the court summons. None of us went, so it's okay? If you lose the case, you lose the case. It's no big deal."

in her words.

Full of disdain for the court.

Jia Zuoying nodded, and carefully analyzed: "Yes, now is a society ruled by law, if they force it, we will jump off the building, it's still the same as last time."

"People are killed, they can't take responsibility."

"Anyway, get the money from the sale of the house first. We have lived in this house for three years, so we must have a share."

"It just so happens that my son is going to college soon, and he needs tuition fees..."

two years ago.

They lost the case once.

The policemen who executed the court came, but there was still nothing they could do.

This so-called lawsuit has always been to frighten the timid.

There is nothing to be afraid of.

……

The next day.

Jincheng People's Court.

Qin Mu, Zhang Qingyuan, and Zhang Tao agreed to gather at the door.

"Son, let me introduce you. This is Xiao Qin, my old friend in the nursing home. Last time I received a call from a scammer, he was the one who helped..."

Zhang Qingyuan introduced Qin Mu once, and said, "Come on, Uncle Qin."

Zhang Tao, in his fifties, swallowed.

Looking at Qin Mu, who was only in his 20s, he was a little bit speechless.

Qin Mu quickly smoothed things over: "Whether it's uncle or not, let's have our own opinions. I'll call you Lao Zhang, and I'll just call him Uncle Zhang."

But Zhang Qingyuan kept a straight face, and said displeasedly: "How can we talk about each other? Seniority can't be messed up!"

"If you talk about friendship with me and call him uncle, don't I want to call him uncle too?"

Done.

He glared at Zhang Tao: "Aren't you calling someone?"

Zhang Tao swallowed, and quickly greeted Qin Mu: "Hello, Uncle Qin."

The corner of Qin Mu's mouth twitched.

Quite helpless.

Many old people just like to be true about their seniority.

Before entering the court, he picked up a cheap nephew.

Zhang Qingyuan smiled with satisfaction, and patted Zhang Tao on the shoulder.

He said earnestly: "Let me tell you, Xiao Qin is so awesome, you won't suffer from calling this uncle, and you can tell your uncle if you have any enemies in the future."

Zhang Tao blinked and became more curious about Qin Mu.

in fact.

He knew about Qin Mu.

Two months ago.

His father encountered a phone scam, and it was Qin Mu who helped stop the loss in time.

Otherwise, you will definitely be cheated out of hundreds of thousands.

The most outrageous thing is...

The scammer, after answering the call, was so frightened that he threw himself into a trap and called the police.

"Have you brought all your identity information? I have already helped to write the indictment, just go directly to the filing center."

Qin Mu spoke, interrupting Zhang Tao's thinking.

Take the lead in walking towards the interior of the court.

Zhang Qingyuan and the two hurriedly followed and walked into the government service hall of the court.

And Zhang Tao soon found out...

Qin Mu seemed to be very familiar with this place.

Without even looking at the road, he walked directly towards a place.

After a few minutes.

The three came to the filing center.

"why is it you again?"

Zhou Lin, a staff member of the filing center, raised her head and saw Qin Mu.

Can't help blurting out.

In the past two months, she has received Qin Mu no less than five times.

The key is……

They are the court filing center here, not other places.

Every time Qin Mu came here, there were various reasons for the crime.

What makes her most memorable is...

Last time, Qin Mu brought sixty indictments against sixty Internet trolls.

For this, 87 legal fees were paid!
"take it easy."

Qin Mu smiled slightly, and said in a harmonious voice: "This time the plaintiff is not me, I am the guide."

Done.

He took a step back and pointed to Zhang Tao behind him.

Zhang Tao understood, stepped forward quickly, and handed the indictment and other materials to Zhou Lin.

These data...

It was Qin Mu who told him to bring all the evidence that could prove that the crime actually existed and was enough to constitute the conditions for filing a case.

"Three... charges?"

Zhou Lin briefly glanced at the cause of the indictment, and swallowed again.

Act as a receptionist at the filing center.

On average, she handles more than ten cases per week.

Most of these cases are civil litigation cases.

Occasionally, one or two criminal cases of this kind of private prosecution can be received.

But they are all fixed separate charges, never outrageous to the point of three charges.

Immediately she realized that this case was not simple.

Carefully reviewed it.

Her duty is mainly to conduct the first round of screening of the indictments submitted by the visitors to determine whether they meet the requirements for filing a case.

If the indictment is clearly non-compliant...

She has the right to call back.

however……

After reading the information submitted by Zhang Tao, she, a bystander, was also a little bit angry and her blood pressure rose.

The house property certificate clearly shows that Zhang Tao is the owner of the house.

But the house has not lived in a day!
For three years, it was stolen by a middle-aged couple and refused to return it!
"Yesterday they called me and told me to give them half of the sale price before they would move out. I even recorded the sound. Do I need to submit this information?"

Zhang Tao looked at Zhou Lin nervously, and said suddenly.

Zhou Lin froze for a moment.

Just as he was about to answer, he saw Qin Mu's eyes brighten up.

He said excitedly: "Nephew, what you said is true? This is just right, and they can be charged with extortion!"

Followed by.

Qin Mu took out a template of the indictment from the filing center and refilled it on the spot.

Soon.

A brand new indictment was released and placed in front of Zhou Lin.

Zhou Lin passively looked at the indictment in front of her for four criminal charges, feeling a little dazed.

It was only a short period of time, and another crime was added.

and.

She looked at Qin Mu and Zhang Tao, who was in his fifties, in surprise, feeling that there was something wrong with their seniority.

Subsequently.

With complicated emotions, she reviewed all the materials and evidence submitted by Zhang Tao.

He nodded and said, "The indictment is in line with the procedure, there is nothing wrong with it, and the information is relatively complete. You can go back and wait for the notification of filing the case."

Zhang Tao was still a little worried.

Can't help asking: "After the case is filed, can I get my house back?"

Zhou Lin glanced at him, and said strangely: "After the case is filed, it's not a question of whether you can get the house back. The other party is suspected of criminal responsibility. After these four charges are settled, they will spend a long time in prison in the future. .”

Zhang Tao swallowed, and gradually came to his senses.

criminal charge...

Looks like he's going to jail.

The other party has entered, so naturally there is no way to continue occupying his house!
And the four charges Qin Mu sought...

He didn't think about it at all before, he just thought it was a civil dispute where the other party was playing rogue.

but……

He thought of another question, and couldn't help asking: "What if they refuse to go to jail after the verdict? They didn't take it seriously last time..." Yes
Qin Mu heard the words.

The old face couldn't help turning black.

It can be seen that Zhang Tao has indeed been tortured a bit miserably in recent years.

The enforcement of civil judgments and criminal judgments is completely different.

A civil judgment requires the parties to independently cooperate in the execution and has a certain degree of autonomy.

The other party can escape punishment by playing rogue in various ways.

Can be criminally sentenced to...

This is a coercive method, which cannot be controlled by the other party.

……

nursing home.

after filing the complaint.

Qin Mu and Zhang Qingyuan returned here.

After the other old people heard the news, they all came together.

"How is it? Have you filed a case? Is there any excitement this time?"

"This middle-aged couple is really disgusting, it would be best if they could be sent in!"

"When is the court session? I want to buy some melon seeds for the gallery..."

"And you said you'd share the money with them? I've lived for more than 70 years, and I finally know what it means to be shameless!"

"..."

After listening to Zhang Qingyuan's narration.

Li Weiguo, Song Tiancheng and other old people boasted and stared angrily, cursing.

Every practice of this middle-aged couple...

It was beyond everyone's expectations, and it even raised blood pressure.

Man's mentality.

As for the old Zhang family, both father and son are honest people.

He has always been law-abiding, which is also the portrayal of most ordinary people.

Encountering such rogue behavior...

Normal means were fruitless, so he could only acquiesce in bad luck and was bullied by them all the time.

Fortunately this time...

Qin Mu has found the point of their crime, and has the opportunity to send them there!
"Xiao Qin, tell me quickly, how many years can they be sentenced for the four crimes?"

"One crime averages out to five years, does it add up to 20 years?"

"20 years? Isn't that a little too harsh?"

"What's so cruel? When they occupied the old Zhang's house, did they think about others?"

"..."

All the old people looked at Qin Mu, their thirst for knowledge suddenly overflowed.

Can't wait to ask.

I want to know what's going on with this case.

Qin Mu thought for a moment, and then began to analyze seriously: "The sentences cannot be simply added. Although there are four crimes, two of them can be attributed to the same act. The sentencing method is to punish one felony."

He prosecuted the other party for four crimes this time, namely illegal house invasion, robbery, refusal to execute, and extortion.

Among them, the crime of illegal intrusion into the house and the crime of robbery belong to the same act and violate multiple crimes.

Article 240 of the Criminal Law stipulates: Anyone who illegally searches another person's body or residence, or illegally invades another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 260 of the Criminal Law stipulates that anyone who robs public or private property by violence, coercion or other methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Simultaneously.

The criminal law of the crime of robbery also specifically stipulates that if there are eight special acts, the circumstances are particularly serious, and it will be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and a fine or confiscation of property.

Among them, the first one is home robbery!

The law protects private property and severely cracks down on property infringement, and robbery is undoubtedly the worst of this series of acts.

therefore.

The criminal law of our country has a very heavy sentence for the crime of robbery. As long as the act is constituted, it will be more than three years.

If it is house robbery, it will be a minimum of ten years, up to the death penalty!

This is also a rare crime that can be traced back to the death penalty!

And this middle-aged couple...

Forcibly pry open the house, decorate it by yourself, occupy it without returning it, and use coercion, hooligans, etc. to occupy the ownership of the house for a long time.

It has completely constituted the crime of robbery!

In terms of sentencing, it is measured according to the severity of the circumstances and the property robbed.

Ten years of fixed-term imprisonment will definitely not escape.

As for denial of conviction...

Refers to disobedience to the judgment results, refusal to execute, and the circumstances are serious, will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Obviously.

The middle-aged couple flouted the judiciary, resisted the police several times, and behaved extremely badly.

If the lawsuit is proper, the other party has the opportunity to be sentenced to a maximum sentence of seven years.

There is also the fourth crime of extortion, which is sentenced according to the amount of extortion.

If the amount is relatively large, the sentence is fixed-term imprisonment of less than three years or criminal detention; if the amount is huge, the sentence is more than three years and less than ten years.

The amount of money is particularly huge, and the sentence of more than ten years will be given.

He specifically learned about the price of the house that Zhang Tao bought, which was about 200 million yuan.

If it is half, it is more than 100 million.

It completely constitutes a particularly huge sentencing standard. Once confirmed, it will be a fixed-term imprisonment of more than ten years!
According to the absorption principle of sentencing, it adds up to about 27 years.

"what?"

"27 years? Sure enough, we are too kind to think that they can only serve 20 years."

"Even the sentence can reach 27 years, which is enough to show how bad their behavior is!"

"They seem to be in their 40s this year, and they will be locked up for another 27 years, and they will be as old as us when they come out..."

"..."

Everyone heard the explosive result.

They were all excited and cheered up.

All of them were very pleased with this result.

What goes around comes around.

This is the simple retributivism of the law!

however……

Qin Mu quietly reminded: "The sentence cannot be calculated in this way. If the total term of imprisonment is less than 35 years, the maximum term cannot exceed 20 years. If the total term is more than 35 years, the maximum term cannot exceed 25 years."

Also.

There are also special sentencing regulations for such criminals who "do a lot of evil" and "plenty of crimes".

Except for those sentenced to death and life imprisonment, the sentence to be executed shall be decided according to the circumstances, if the total sentence is not more than the maximum sentence among the several sentences.

That is to say...

The sentencing of the other party is up to 20 years.

between ten and 20 years in prison.

"Less than 20 years?"

After Zhang Qingyuan heard it, he was a little disappointed.

In these three years.

Every time he heard such things, he was so angry that he couldn't sleep for several days.

Now the sentence that should have been 27 years was suddenly reduced by so much.

He couldn't accept it for a while.

Qin Mu smiled and said comfortingly, "Don't worry, in addition to criminal punishment, they also have civil punishment, which will definitely make them lose everything!"

heard here.

Zhang Qingyuan quickly raised his head, and couldn't help asking: "How much can I pay?"

"They will lose as much money as they have, and there is a high probability that all their property will be confiscated."

Qin Mu thought about the legal provisions in his mind, and replied seriously.

The punishment for robbery is very strict.

In addition to the retrospective death penalty, there is also the penalty of confiscation of all property.

In addition, the other party's plot is particularly bad, if the lawsuit goes well...

All property was confiscated and there was basically no way to escape.

Plus various civil compensation...

This middle-aged couple will be clean before entering!
……

at the same time.

Jincheng court, filing center.

In the large meeting room.

"Let's talk freely, how to deal with this case?"

The director of the filing center glanced at the crowd and spoke in a low voice.

In front of everyone...

There is a copy of the indictment submitted by Zhang Tao.

This is an indictment in a private prosecution case.

In the past, it was absolutely impossible to hold a special meeting to discuss.

but now……

This case made everyone a little bit anxious.

In the case, four charges were prosecuted.

And reported detailed evidence of the defendant's crimes.

According to the procedures, the case can be approved.

only……

The result after filing the case was very serious.

If the defendant loses the case, the maximum penalty will reach 20 years!

This is still the result after commutation according to the relevant sentencing regulations!
In any case, once the sentence reaches 20 years, it is no small matter!

"According to the process, there is no problem with the format of the indictment, the data and evidence, and the reasons for the charges, and the case can be approved."

"Although the case can be established, I think this case is a bit complicated and needs to be sent to the public security organs for verification."

"The 20-year sentence does need to be checked carefully before the court date is determined."

"How about this, the case will be approved first, and the trial time will be determined later!"

"..."

Two hours of intense discussions followed.

The case filing center took countermeasures and issued a notice of approval for case filing.

At the same time, the case was sent to the public security organ.

Let the public security organs focus on investigation.

See if it's worth going to court.

……

That night.

Jincheng Police Station.

"Captain Shen, get off work."

Shen Dao looked at the other colleagues and nodded.

Packed things.

Getting ready for get off work.

But temporarily received an important case from the higher-level public security organ.

Order him to detect the results as soon as possible.

"What case? Need to be expedited?"

He was a little surprised and examined it carefully.

In the case, a man named Zhang Tao sued a middle-aged couple in his jurisdiction.

Looking at the information in the plaintiff column, he couldn't help but breathe a sigh of relief.

so close.

He almost thought that this was another case brought up by Qin Mu.

During this period of time, Qin Mu seemed to have calmed down a lot.

Since the last time he prosecuted 69 "large criminal groups", he hadn't seen Qin Mu much.

Have a happy birthday for many days.

"This case is not small. The possible retroactive sentence has reached 20 years..."

After reading the full case.

He couldn't help frowning, and his expression became serious.

In a private prosecution case, the sentence reached 20 years, which is definitely not a trivial matter!
(End of this chapter)