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Chapter 106 Judgment Day: Zhang Wei's show time
09:30am.

Binjiang District People's Court, criminal division.

Jiang Bai came early, sat on the plaintiff's seat, with downcast eyes and a disheartened expression.

Before going out this morning, he spent 3 real points in the system mall, bought a mild depression experience card, and used it on the spot.

Mild depression is enough for a court session.

As for moderate...

Jiang Bai really didn't want to experience the feeling of being abandoned by the whole world.

At around [-]:[-], the defendant, the defense lawyer, and the public prosecutor entered the trial court one after another.

The public prosecutor is still an old acquaintance, the prosecutor Shen Tianci.

The defense lawyer is Zhang Wei.

These two are also old rivals, especially in several cases involving Jiang Bai, the two have confronted several times.

Zhang Wei, in a suit and leather shoes, nodded to Jiang Bai and Shen Tianci.

Jiang Bai stared blankly and did not respond.

It was Shen Tianci who smiled slightly at Zhang Wei.

"Hu-hu-"

Beside him, there was a heavy panting sound.

Wang Defa's face was covered with cold sweat, his mouth felt dry, his heart beat faster, and his breathing became short of breath.

I have only seen court cases on TV before.

Seeing those defendants weeping bitterly and regretting their mistakes, they might still laugh.

Now it's my turn to appear in court and stand trial.

This feeling is simply too tormented.

"Mr. Wang, remember what I told you, no matter what happens in court later, don't make any claims, don't mess around!"

Zhang Wei told Wang Defa: "Do as I say, don't talk nonsense!"

"Okay, okay, I'll listen to you."

Wang Defa nodded.

It's exactly ten o'clock!
Judges, jurors, etc. also entered the trial court.

"Boom!"

When the time came, Chen Zhonghan sounded the gavel.

"Today, in accordance with the provisions of Article 270 of the Criminal Law, the Criminal Division of the People's Court of Binjiang District, Longcheng City, Jiangsu and Zhejiang Province, openly heard the case of the defendant Wang Defa's extortion and extortion according to law."

The judge's voice, thick and majestic, echoed in the huge courtroom.

Everyone immediately quieted down, looking solemn.

Then, the clerk read the court discipline.

Confirm the identity of the defendant, defense lawyer, public prosecutor, victim, etc.

After fixing the procedure, Chen Zhonghan looked at the plaintiff's seat: "Please read the indictment to the public prosecutor."

Shen Tianci stood up, held the indictment in both hands and began to read:
"XXX People's Procuratorate Criminal Indictment..."

"Defendant: Wang Defa, male..."

"The defendant and the victim are neighbors upstairs and downstairs, and the grievances between the two parties originated from the parking space..."

"..."

"The defendant failed to ask for a parking space, so he maliciously retaliated against the victim, deliberately making noise in the middle of the night, which reached more than 70 decibels..."

"The victim had a history of depression. In this case, the symptoms recurred and he was unbearable. In desperation, he approached the defendant on July X to seek a settlement."

"The defendant took the opportunity to force the victim to sign a parking space transfer contract. The parking space originally worth 60 yuan was finally sold at a price of 35 yuan, which is far below the market price..."

"The investigation of this case by the Changhe Sub-district Police Station was completed, and it was transferred to this court for review and prosecution."

"This court believes that the defendant's behavior has violated the provisions of Article 270 of the Criminal Law, which has constituted the crime of extortion, and the amount is extremely huge. Now, we are prosecuting in accordance with the provisions of the Criminal Procedure Law."

"The claim is as follows:"

"One, the criminal defendant Wang Defa was sentenced to ten years in prison for the crime of extortion according to the law."

"Second, order the incidental civil defendant to return the illegal income and return the parking space to the victim in accordance with the law."

The basis for the procuratorate to make such a lawsuit request is mainly the amount of extortion by the defendant.

That is the economic value of the parking space.

The value of that parking space was more than 60, which definitely met the standard of "a particularly huge amount" for the crime of extortion.

Therefore, this claim is in line with the actual situation and is not exaggerated at all.

Chen Zhonghan nodded and looked at Jiang Bai: "The victim please state."

Jiang Bai stood up, took a deep breath, and spoke slowly, with a low voice: "Before, my parking space was vacant, and the defendant's family has always been occupying it."

"Not long ago, I bought a new car... The defendant forcibly bought my parking space."

"After being rejected by me, he launched malicious revenge on me, deliberately making noise..."

"..."

"I suffer from continuous insomnia, relapse of depression, and the parking space was forcibly bought at a price far below the market price..."

"The behavior of the defendant has seriously violated my physical and mental health and personal property interests. I request the judge and all jurors to give the defendant a heavier sentence and return the infringement proceeds."

"Thank you."

After finishing speaking, Jiang Bai bowed deeply in the direction of the judge, and then sat down slowly.

Looking at his appearance, Chen Zhonghan secretly sighed.

He knew that Jiang Bai had depression, but when he saw him last time, he was obviously recovering well.

I didn't expect to meet bad neighbors, and my depression relapsed.

This young man is also a hard-working person.

Seeing this, Zhang Wei narrowed his eyes slightly.

The situation is not good.

As soon as the court opened, Jiang Bai took the lead in the field of impression points and gained an advantage.

Although court decisions are based on the law and facts, judges and jurors are human beings, not machines.

As long as you are human, you will have the seven emotions and six desires.

Now, they all have sympathy for the victim, and they will naturally feel disgusted with the defendant.

This will more or less affect the final judgment.

After a long illness, he became a good doctor. He has gone to court more times, and Jiang Bai has accumulated some experience.

Next, the defendant's statement.

Wang Defa was very obedient. He strictly followed Zhang Wei's instructions, pleaded guilty, apologized sincerely, and expressed his willingness to return the parking space and give the victim a certain amount of financial compensation.

In short, there is nothing to say about attitude.

It is rare to meet an obedient party, and Zhang Wei is very relieved.

In this way, even if the impression points cannot be brought back, at least, no more points will be lost.

Next, is the most critical evidence and cross-examination and court debate.

"Defense attorney, do you have any objections to the evidence provided by the prosecution?" Chen Zhonghan asked.

Zhang Wei got up and said calmly: "We have no objection to the legality, authenticity and relevance of the evidence, but we have objections to the prosecution's claim."

"According to the current market situation, the value of the victim's parking space is about 60 yuan, but our party paid the victim 35 yuan!"

"That is to say, the amount obtained from extortion by our client is only about 25."

"And this amount does not meet the standard of 'a particularly huge amount', it can only be counted as a 'huge amount'!"

In accordance with the provisions of Article 270 of the Criminal Law.

Whoever extorts a relatively large amount or repeatedly extorts shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance, and shall be fined concurrently or solely;
If the amount is huge or there are other serious circumstances, it 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, the sentence is to be not less than [-] years of fixed-term imprisonment and a fine.

而这三种数额的判定标准，分别为：2000元至5000元以上，3万元至10万元以上，30万元至50万元以上。

If you look at the market price of 60 parking spaces, it has indeed reached the standard of "a particularly huge amount".

However, if the price difference after deducting the actual amount paid by Wang Defa is 25 yuan, then it falls into the category of "huge amount".

There is a huge gap in the sentencing of these two situations, one is more than ten years, and the other is three to ten years!
Zhang Wei took a glance and continued: "According to the provisions of Article 270 of the Criminal Law, if the amount is huge, you shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."

"In addition, our party has pleaded guilty, repented, and is willing to return the stolen goods and compensation, and has not caused serious consequences, so it should be deemed as a minor crime."

"According to the notice of the Supreme Court's "Guiding Opinions on Sentencing of Common Crimes", 40.00% of the base penalty should be reduced."

"Therefore, I request the collegial panel to give our client a lighter sentence and sentence him to one year and nine months in prison!"

Fog grass!

Wang Defa came to the state instantly, his eyes seemed to be shining.

As expected of lawyer Zhang Weiwei.

The prosecutor's claim was ten years, but he cut it directly on the ankle, which turned into more than one year.

Please be right!

Really please the right person!

After hearing Zhang Wei's words, several jurors nodded slowly.

The circumstances of this case are indeed not bad, and the perpetrator has a good attitude of pleading guilty, showing remorse, and is willing to actively compensate and compensate the victim for the loss.

Mitigation of the sentence may indeed be considered.

What's more, this is indeed a notice issued by the Supreme Court.

Even if you are not a member of the judiciary, you must understand what the three words "Supreme Court" represent.

But right now.

"be opposed to!"

Shen Tianci stood up with a loud voice: "The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Extortion" stipulates that extortion of public and private property reaches 80.00% of an "extraordinarily huge amount", and If it causes other serious consequences, it can be identified as "other particularly serious circumstances" stipulated in Article 270 of the Criminal Law!"

"In this incident, due to the defendant's reasons, the victim's depression relapsed, and the symptoms were severe, which met 'other serious consequences'."

"Even according to the defense lawyer's theory, the defendant's actual extortion amount was 25 yuan, which is a particularly huge 80.00%."

"In the crime of extortion, if there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of more than ten years and a fine."

Although Zhang Wei reduced the amount of extortion by Wang Defa from "a particularly huge amount" to "a huge amount".

However, from another angle, Shen Tianci judged that Wang Defa's behavior was in line with "other particularly serious circumstances"!
Sentenced to fixed-term imprisonment of not less than ten years!
Moreover, the theoretical basis is also the notification document of the Supreme Court.

Supreme Court vs. Supreme Court!

This wave is worthwhile.

Wang Defa's mood was like riding a roller coaster, up and down, high and low.

That is, he has a good heart.

Otherwise, you will be shocked on the spot.

It is naturally impossible for Zhang Wei to admit defeat so easily, and continue to defend Wang Defa in terms of no subjective malice, no serious losses, a good attitude of pleading guilty and accepting punishment, and willingness to compensate for losses.

The offensive is fierce.

On Shen Tianci's side, the most powerful weapon is Jiang Bai's depression.

You made people depressed, and you said there were no serious consequences?

The parking space can be returned, but how do you recover from depression, a disease and torture that is both physical and psychological?

Moreover, the means adopted by the other party are somewhat vicious and despicable.

This is also very unfavorable to Wang Defa.

Both sides come and go, and the debate is extremely fierce.

The debate lasted for more than an hour, and it still didn't end.

At twelve noon, Chen Zhonghan sounded the gavel and temporarily adjourned the court.

There will be a retrial at one o'clock.

"Lawyer Zhang, how is the situation now?" Wang Defa asked Zhang Wei impatiently.

During the debate, Zhang Wei and Shen Tianci not only spoke loudly, but also spoke extremely fast, and there were many professional terms and terms.

It is the kind of word that you know individually and understand the meaning, but after combining, let alone you don't understand the meaning, I am afraid that it is a problem whether you can read it smoothly.

Wang Defa is really not clear about the current situation.

Zhang Wei said: "Don't worry too much, the situation is not bad."

This is the truth, not comforting Wang Defa.

Zhang Wei attached great importance to this case.

Very well prepared, with eight main defense ideas and several auxiliary ideas.

In addition, targeted protection has been carried out for the points that the prosecution may focus on.

In addition, Zhang Wei himself has excellent professional quality and strong strength.

Therefore, in this court debate, he had a certain upper hand and refuted many of Shen Tianci's claims.

It is really not easy to do this step in a public prosecution case.

Public prosecution cases are all clearly investigated by the public security organs, and when the procuratorate initiates a public prosecution, it can basically be said that the facts are clear and the evidence is sufficient.

In such cases, the defendant's defense lawyer is equivalent to "confronting" the public prosecutor's law and is inherently at a disadvantage.

It's hard.

It's impossible for anyone else to do this.

Regardless of luck, Zhang Wei's strength is beyond doubt.

After hearing Zhang Wei's words, Wang Defa felt relieved.

so far so good.

If it's just a year or two, it's not unacceptable.

If you perform better at that time, it may come out in a few months.

At that time, the home will still be this home, the people will still be these people, and nothing will change...

the other side.

Jiang Bai also noticed that Zhang Wei had the upper hand in the court debate.

This trial is his show time, and his performance can be described as perfect.

Jiang Bai was even thinking that if he hadn't been "depressed", Zhang Wei would definitely have a chance to make Wang Defa acquitted and released in court!
In public prosecution cases, if you successfully defend the defendant's innocence, you will definitely become famous all over the world!

After being tortured by pig teammates several times, Zhang Wei finally ushered in a day of elation.

An hour passed quickly.

"Boom!"

The gavel fell, and the court resumed!
(End of this chapter)