Lawyer

Chapter 894

Bao Li and her husband Niu Shengming opened a clothing store in the village. They are usually busy with business and live in the village. Their children also go to school in the village. Only their mother lives in the village. The couple will go back to visit their mother every now and then.

In June last year, the county carried out new rural construction according to the above requirements. After that, the county reached an agreement with a group company from other provinces, and the group company set up a new investment and development company to develop and construct the land in the county.The demolition work within the planned land area shall be carried out by the demolition company entrusted by the county
In October last year, due to the demolition of Niu Shengming’s house and the relocation of his tomb, Niu Shengming’s mother signed an agreement with the demolition company on the house demolition. Niu Shengming’s mother received RMB 33 in compensation for the house demolition and RMB [-] in compensation for the relocation of the tomb.

Niu Shengming and his wife felt that their mother signed the demolition agreement without consulting them, and they were very dissatisfied with their mother's behavior, but they did not raise any objections to the demolition compensation standard. Niu Shengming also received RMB 25 in house compensation from his mother.

In early November last year, Niu Shengming was dissatisfied because his mother did not notify him to be there when the tomb was moved. Then Niu Shengming had a fierce quarrel with his mother, uncle Niu Gang and other relatives.

Afterwards, under the mediation of the elders in the village, the two sides reconciled.Niu Shengming apologized to his uncle's family.

When Niu Shengming returned home, he thought it over and over again, thinking that the discord between the relatives was caused by the inadequate work of the demolition office, and he came up with the idea of ​​asking the demolition office again for compensation for losses related to demolition and relocation of graves.

At the end of December of that year, Niu Shengming drafted a claim document requesting the demolition office, investment and development company and other units to compensate for the cost of destroying houses and ancestral graves, and the demanded amount was 85 yuan.

In addition, Niu Shengming also wrote a letter to report violations of regulations and illegal activities in the project development process of the investment development company and the demolition office.After that, he handed over the claim materials to the demolition office, and handed over the letter to the relevant departments in the county.

Soon after, Nong Chuanqing, the general manager and chairman of the investment development company, learned that after Niu Shengming reported the project developed by the company, he was worried that it would be detrimental to the progress of the project, so he got Niu Shengming's contact information through his relationship, and then he called Niu Shengming to arrange an interview with him to understand his intentions.

Two days later, Niu Shengming met with Nong Chuanqing as scheduled, and handed over the letter and claim materials to Nong Chuanqing. Niu Shengming claimed that if he did not meet his requirements, he would report to the relevant department that the project was illegal and that the project would not continue.

Considering that the investment and development company has invested a lot of money in the project, Nong Chuanqing promised to compensate Niu's family in order to ensure the smooth progress of the development project.Afterwards, Niu Shengming negotiated with Nong Chuanqing many times.

After negotiation between the two parties, Niu Shengming and Nong Chuanqing finally reached an agreement that the investment and development company should pay Niu Shengming RMB 50 in total.

Three days later, Niu Shengming received an initial payment of 50 yuan from Nong Chuanqing after he signed a letter of commitment drafted by Nong Chuanqing stating that he was willing to pay 20 yuan and Niu Shengming would not sign the JB project.

After the incident, the public security organ arrested Niu Shengming for the crime of extortion, recovered RMB 20 and returned it.In mid-April this year, the county procuratorate brought Niu Shengming to a county people's court for the crime of extortion.

The county court held that for the purpose of illegal possession, the defendant Niu Shengming used coercion to extort money from others. The amount was huge, and his actions constituted the crime of extortion.

In accordance with the provisions of Article 274 of the "Criminal Law", the defendant Niu Shengming was sentenced to six years in prison for the crime of extortion.

After the verdict of the first instance was pronounced, the defendant Niu Shengming refused to accept and appealed.

"Ms. Bao, let me ask you, is it Nong Chuanqing from the investment and development company that your husband Niu Shengming contacted on his own initiative, or did the other party call your husband first? Who contacted who first?" Fang Yi asked.

"We are just ordinary people. How can anyone have the phone number of the boss of the investment and development company? It was Nong Chuanqing from the investment and development company who called my family, Niu Shengming.

The two of us were busy in the store at that time, when the mobile phone rang. After answering the call, Niu Shengming said that the call was from the investment and development company and wanted to talk to him about compensation. " Bao Li replied.

"Well, I don't think your husband's case necessarily constitutes racketeering.

Judging from the current situation, Niu Shengming's behavior does not meet the subjective and objective elements of the crime of extortion. The crime of extortion refers to the behavior of forcibly extorting public and private property for the purpose of illegal possession, by means of threats or threats, and the amount is relatively large.

In this case, your husband reported the situation to the relevant department based on his dissatisfaction with the demolition compensation, and then the investment and development company took the initiative to contact Niu Shengming to discuss the compensation situation.

The above-mentioned behavior of your husband does not conform to the situation of forcibly extorting public and private property subjectively for the purpose of illegal possession, but objectively using threats or threats.

Of course, this is only my preliminary judgment. I need to read the case file before I can know the details and make a final judgment. "Fang Yi put down the criminal verdict and said.

"Then look at my family's case..." Bao Li was a little distracted, looking at Fang Yi and Zhou Ying and Yun Qiao.

"Sister Bao, are you here today to entrust Lawyer Fang to help you with this case, or do you just want to consult?" Zhou Ying was impatient, seeing Bao Li like this, she took over the conversation.

"I want to entrust... Can my old cow be released?" Bao Li asked.

"It's hard to say now. We have to read the case file before we can give a final defense plan. We will do our best." Fang Yi said.

"Then... the lawyer's fee?" Bao Li wanted to save her husband, but she also had to consider the cost. The life of the whole family had to go on. If the lawyer's fee was too high, she had to think about it.

"The lawyer's fee for the second trial will not be lower than that for the first trial, because I did not handle the first trial, and I have to do a lot of work. The lawyer's fee is 15." Fang Yi said.

Bao Li's heart tightened. The lawyer's fee is not cheap. The lawyer's fee in the county was only 5 yuan, but now it costs 15 yuan, which is three times the lawyer's fee of the first trial. But then she thought again, what is the reputation of Lawyer Fang?

"Lawyer Fang, I know that you are a lawyer who specializes in criminal cases, and you have handled many big cases. My family's living conditions are average. There are seniors and juniors. Can you reduce the legal fee?" Bao Li's eyes revealed the shrewdness of a businessman.

(End of this chapter)