If you buy fake goods online, you will buy 100 million more!

Chapter 196 The Trial of the Extortion Case: The Client Who Freed himself (5K)

Today, at nine forty-five in the morning.

Jiang Bai came to the first criminal division of the court early.

Today, Han Li's extortion case will be heard here.

Due to Han Li's attempted extortion, Jiang Bai did not suffer any financial losses, so he will not appear in court as an incidental civil plaintiff.

At the same time, because Jiang Bai is the victim and has a direct interest in the case, he cannot testify in court as a witness.

So, just listen in.

Jiang Bai randomly chose a seat in the auditorium and sat down, then quietly waited for the hearing to begin.

soon.

The accused mother and daughter came in.

When seeing them, Jiang Bai didn't have any psychological fluctuations.

But when he saw the lawyer next to Han Li, he was really stuck in Bengbu.

Zhou Chaoqun.

That young legal aid lawyer.

At a young age, he was devastated when he was just a fledgling.

Unexpectedly, this time he was the defender for Han Li.

As for the lawyer next to Cao Dantong, he was very young, immature, and probably a novice, with a tense expression on his face, even worse than Zhou Chaoqun.

It may be the first time as a defender.

Jiang Bai suddenly remembered a piece of news he heard from Zhang Wei two days ago.

It is said that in the past few days, Han Li has been running around in Longcheng, trying to find another lawyer to help defend her.

result……

No one wants to take her case.

He was probably taken aback by Yue Bin's lessons learned.

The mother and daughter Han Li had no choice but to apply for legal aid.

Jiang Bai shook his head.

A moment of silence has begun for the two innocent legal aid lawyers.

The prosecutor in this case is an old acquaintance, Shen Tianci, the prosecutor.

This is an experienced old prosecutor, and he has not lost his hand against many big lawyers. For young legal aid lawyers, he is no different from the existence of a big devil.

To be abused slightly.

Jiang Bai gloated a little.

At this moment, a sharp voice suddenly sounded.

"Jiang! You bastard! Why didn't you get killed by a car when you went out!"

"You have killed my son, and now you want to kill my daughter, even if I'm a ghost, I won't let you go!"

"You will have retribution, you will be struck by lightning!"

Cao Dantong stared at Jiang Bai with resentment, and cursed.

Han Li also gritted her teeth in hatred.

Jiang Bai shrugged, put his hands behind his head, completely ignoring it.

But such a reaction hurt Cao Dantong mother and daughter even more.

They were about to rush forward in a panic.

But was stopped by the bailiff.

Zhou Chaoqun and another young legal aid lawyer quickly persuaded him.

It took a long time to calm down the mother and daughter.

Another few minutes passed.

The prosecutor enters the courtroom.

Shen Tianci sat on the public prosecutor's seat, glanced at it, and sure enough saw that familiar face in the auditorium.

In the past few months, eight out of ten cases in which he acted as the public prosecutor were all related to Jiang Bai.

Since the appearance of this young man, the workload of public prosecutors has increased linearly.

Jiang Bai nodded to Shen Tianci with a smile, and said hello.

the other side.

"Miss Han, after the court hearing, you must not be as impulsive as before. You must remember what I told you, actively plead guilty, sincerely apologize, and strive for a commutation of sentence."

Zhou Chaoqun warned Han Li.

The latter didn't respond, but kept staring at a certain pretty boy in the auditorium with resentment.

His face was gloomy, and he gritted his teeth.

It seemed that he wanted to rush up and swallow Jiang Bai alive.

Next to him, another legal aid lawyer named Chang Sheng also gave Cao Dantong some precautions.

But it seems that Cao Dantong didn't listen to his topic at all.

The two young legal aid lawyers looked at each other, and they both saw the helplessness in each other's eyes.

soon.

Judges, jurors, clerks, etc. all 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 extortion by defendants Han Li and Cao Dantong according to law."

Chen Zhonghan's voice was as thick and powerful as ever, full of majesty.

The courtroom suddenly fell silent.

"All stand up, and now the court discipline is read."

The clerk stood up and began to read:
"One, all persons present in court must obey the command of the presiding judge..."

"Second, no noise, no applause..."

"Three, the person being questioned by the court must stand and speak when answering the question..."

"Fourth, the bailiff has the right to stop behaviors that do not obey the order of the court..."

"Five, observers must abide by the following disciplines:"

"1. Audio recording, video recording and photography are not allowed;"

"2. Do not walk around or enter the trial area at will;"

"3. Do not speak or ask questions;"

"..."

Jiang Bai looked at the clerk from a distance, and frowned slightly.

If I remember correctly, the previous clerk had always been a man in his early thirties, but this time it was replaced by a young woman under the age of 30.

The clerk is one of the judicial staff of the people's court and the people's procuratorate. It is mainly responsible for the record work of the trial court and handles auxiliary matters related to the trial, such as the preparation of the trial, the preservation of evidence, the arrangement of files, the handling of paperwork, and judicial statistics. Wait.

Most judges and judges start out as clerks.

and so……

Jiang Bai turned his gaze.

Sure enough, I saw the person who was the clerk in the jury seat.

As for the juror who was replaced... If I'm not mistaken, his name is probably - Zhao Rui.

soon.

After the court discipline was read out, the clerk began to verify the identities of those present in court.

Then the public prosecutor read the indictment.

Shen Tianci stood up, outlined the facts of the case, and then said: "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, according to the provisions of the Criminal Procedure Law , to file a public prosecution."

"The claim is as follows:"

"2. According to the law, the criminal defendant Han Li was convicted of extortion and sentenced to four years in prison and a fine of [-] yuan."

"Second, the criminal defendant Cao Dantong was investigated for criminal responsibility for the same crime for abetting the crime, and was sentenced to one year's imprisonment with a two-year suspension of execution."

In the case of extortion, Cao Dantong's mother and daughter belonged to a joint crime, and the procuratorate determined the responsibility based on the roles played by the two in it, and determined the sentence in the lawsuit.

Still quite reasonable.

After the indictment was read out, Judge Chen Zhonghan looked at the defendant's seat and asked, "Defendant, what the public prosecutor just said, is it consistent with the copy of the indictment you received?"

Mother and daughter nodded: "Consistent."

"What's your opinion on this?" Chen Zhonghan asked.

Zhou Chaoqun hurriedly ordered in a low voice: "Miss Han, please remember what I said, actively plead guilty, and strive for a reduced sentence!"

However, Han Li said she has her own ideas.

He didn't obey the lawyer's order at all, stood up and started shouting for injustice: "Your Honor, I am wronged!"

Hearing this, Zhou Chaoqun suddenly gasped.

began to doubt life.

Why……

Why are the parties I meet so disobedient!
And Han Li continued:
"My brother was killed by that guy. Although the police said that there is no legal causal relationship, after all, everyone is gone! As a family member, why don't I seek compensation from the murderer?"

"However, it is a human life!"

"It's said that killing pays for life. I didn't ask him to pay for his life. I just want some compensation. Is there any problem with that?"

"..."

Han Li completely forgot about Zhou Chaoqun's orders.

It's not like she doesn't know anything.

It's just that I searched around in Longcheng and couldn't find a lawyer, so I ended up having to apply for legal aid, and my mentality has long since collapsed.

Expensive is not necessarily good, but cheap is basically not good.

What's more, legal aid lawyers are not as simple as cheap, but completely free.

How could Han Li trust her?
And this skeptical mentality was infinitely magnified after seeing how young Zhou Chaoqun was.

So she decided to change her fate by herself!

According to Zhou Chaoqun's instructions, what he has to do in court today is to actively plead guilty and accept punishment, and strive for a commutation of sentence.

But no matter how much the sentence is reduced, it means going to jail.

Han Li couldn't accept spending her best years in prison.

Naturally, we must try our best to defend ourselves.

After Han Li finished speaking, Chen Zhonghan frowned slightly, and looked at Cao Dantong: "Defendant No. [-], what do you want to say?"

"Your Honor, I was wronged too!"

Cao Dantong shouted for injustice.

"People say that raising children to guard against old age, I worked hard to raise my children, and I will soon live a good life, but at this time, my son was killed."

"A white-haired person giving a black-haired person, what a tragedy in the world!"

"Shouldn't the person who killed my son lose money?"

"Can't we, as family members, ask him for some money?"

As expected of a mother and daughter.

Cao Dantong also did not obey the lawyer's order, and refused to plead guilty as soon as he opened his mouth.

Chang Sheng was dumbfounded.

This is his first formal appearance in court.

Chang Sheng attaches great importance to the case. After receiving the case, he checked relevant legal provisions and judicial interpretations overnight, formulated defense ideas, and optimized litigation strategies.

There are several pages of light notes.

It is more important than taking the judicial examination back then.

result……

As soon as the court opened, he was violently attacked!

The two young legal aid lawyers looked at each other, and they both saw the despair in each other's eyes.

Really hopeless.

When encountering such a disobedient client, let alone a novice lawyer, even a master like Zhang Wei would find it difficult to reverse the situation.

Forget it, what about love?

Chang Sheng sighed.

The client gave up treatment, and he did the same.

After both defendants made their statements.

Chen Zhonghan sounded the gavel, and said in a deep voice: "Since the defendant does not agree with the content of the prosecution's prosecution and refuses to plead guilty, now we are entering the link of proof, cross-examination and court debate."

"Does the prosecutor have any evidence to present?"

"Have!"

Shen Tianci immediately stood up and began to give evidence:
"This is a recording provided by the victim. It has been judicially authenticated, and the source is legal and authentic."

"Your Honor, the prosecutor requests that this recorded evidence be played in court."

Chen Zhonghan nodded: "Allowed."

Soon, the recording was played.

"This 1000 million is already a big discount."

"..."

"Jiang Bai, let me tell you clearly! If you don't lose money, then I will go to court to sue..."

"Whether to go to jail or spend money to eliminate disasters, it shouldn't be difficult for you to choose?"

"..."

"Anyway, if you don't want me to sue, then you just obediently lose money!"

"..."

After the recording was played, Shen Tianci said loudly: "This recording is the most powerful evidence that can prove that Han Li carried out extortion against the victim Jiang Bai."

"The objective element of the crime of extortion is that the perpetrator uses threats and intimidation to make the victim give up possession of the property, thereby obtaining the legal property of others by himself."

"The threat mainly means that the perpetrator makes the victim understand that if he does not dispose of the property to him according to his request, he will retaliate against him and cause him to suffer physical or other losses."

"Obviously, in this incident, what defendant No. [-] said about 'suing if you lose money' is a threat."

Shen Tianci glanced at the defendant's seat on the opposite side, and continued to narrate.

"The crime of extortion is a behavioral crime, not a resultant crime. In this incident, although the victim did not dispose of the property according to the defendant's request under the influence of fear, this did not affect the judgment of the defendant's crime of extortion. .”

"In other words, it does not affect the conviction, only the sentencing."

"The defendant was convicted of extortion!"

This recording is the strongest and most direct evidence.

And after judicial appraisal, it is enough to be accepted by the collegial panel.

Chen Zhonghan nodded slowly, and looked at the defendant's seat: "Defendant, do you have any objections to this evidence?"

He's mostly looking at defenders.

After all, in this link, it mainly depends on the performance of the defender.

Although it is said that the defendants can make their own defenses, they are not professional after all, they are not clear about the legal provisions, and they have no way to make targeted refutations of the public prosecutor's evidence.

But the defender kept his head down the whole time, showing no intention of speaking at all.

Chen Zhonghan frowned slightly, and asked again: "Defendant, do you have any objections to the evidence presented by the prosecutor?"

Zhou Chaoqun remained unmoved.

He didn't know how to argue.

It is not an exaggeration to describe this case as "hard evidence like a mountain".

Therefore, Zhou Chaoqun's litigation strategy is to take the initiative to plead guilty, and then strive for a commutation of the party's sentence from the aspects of attempted extortion, obviously minor circumstances, not serious social harm, and no substantial loss to the victim.

But Han Li refused to plead guilty as soon as she appeared in court.

Zhou Chaoqun's rhythm was completely disrupted, and the trial changed from "defense of commutation of sentence" to "defense of innocence".

The general direction has changed.

All the things Zhou Chaoqun prepared in advance were useless.

Now the public prosecutor has produced a report that has passed the judicial appraisal, how to refute it?

Argue?

Zhou Chaoqun simply pretended to be stupid.

Now that the parties have let themselves go, Zhou Chaoqun said that he can be a mascot for this trial.

Smile and watch the parties perform.

really.

Han Li started.

"I have objections! Of course I have objections!"

Han Li stood up abruptly, and said excitedly, "I am making a reasonable claim, not extortion at all!"

"I calculated that my brother earned about 50 yuan a year before he was alive, and he will retire in 30 years. Even without a salary increase, his income would be 500 million yuan. I just asked the murderer for 1000 million yuan. , it’s already discounted!”

"I think my claim is completely reasonable and legal. I don't know why the prosecutor insists that I am extorting!"

Chen Zhonghan looked at Han Li and said, "Defendant No. [-], you mean that you recognize the authenticity and legality of the evidence, but not its relevance. Am I right?"

Han Li doesn't know anything about authenticity, legality and relevance.

But she felt that the judge was quite lofty.

So he nodded again and again: "Ah yes yes yes!"

Chen Zhonghan turned to look at the prosecutor's seat: "Prosecutor, what's your opinion on this?"

Shen Tianci stood up and said, "First of all, regarding the case of Han Ming's drowning, our procuratorate intervened in the investigation in advance, and we came to the conclusion together with the police that Jiang Bai should not be held responsible."

"This result was also informed to the defendant."

"That is to say, the defendant still seeks compensation from the victim on the premise that he knows that the victim should not bear the responsibility, and his motive itself is untenable."

"Secondly, the defendant's so-called claim amount is far beyond the reasonable range, and its calculation method is also very absurd. This is a sky-high claim!"

"Furthermore, the defendant's way of making a claim also clearly contained threats."

Shen Tianci took a deep breath, and concluded: "To sum up, the defendant is guilty of extortion!"

"This this……"

Han Li was dumbfounded.

Immediately afterwards, as if thinking of something, he hurriedly shouted: "That voice is not me!"

"Yes, that's not me, it's not me at all. That Jiang must have found someone else to act with him."

"I never said anything like sue or pay!"

Shen Tianci smiled coldly.

He could see that the defendant was obviously in a mess.

It's not wise to be a scoundrel in court.

"I have an appraisal report from the judicial appraisal agency here. After a precise analysis of the sound waveform, it is sufficient to prove that the two voices in the recording came from the defendant and the victim."

Shen Tianci held up an appraisal report and smashed Han Li's sophistry to pieces on the spot.

"Ah this..."

Han Li was completely dumbfounded.

Shen Tianci held up another piece of evidence: "This is the surveillance video of the coffee shop where the incident occurred. Although the content of the conversation between the two parties cannot be heard, the mouth movements of the two perfectly match the content in the recording."

"On this point, there are also professional forensic reports."

"The sound waveform and mouth shape are enough to prove that the two voices in the recording are from the defendant and the victim!"

Han Li was stunned on the spot.

She never expected that the public prosecutor would have such skill.

What sound waveform, what mouth shape.

Han Li didn't understand at all.

But she knew that the situation seemed to be very bad for her.

Chen Zhonghan asked, "Defendant, do you have any objections to the new evidence submitted by the public prosecutor?"

Han Li swallowed, and slowly shook her head: "No, no."

Chen Zhonghan said: "Please continue to present evidence, the prosecutor."

Shen Tianci continued to list the evidence.

The plea affidavit and statement signed by the mother and daughter.

Confessions of a coffee shop waiter.

Confessions of policemen Lin Guoan and Chen Xiang who were in charge of investigating the case.

……

This piece of evidence was presented one after another, and step by step Cao Dantong and Han Li's mother and daughter were pushed into the abyss.

(End of this chapter)