Lawyer

Chapter 897
The sound of the judge of the collegial panel reading the first-instance verdict echoed in the courtroom.On the public prosecutor's bench opposite Fang Yi sat two female prosecutors. Their faces were so frosty that people dared not approach them.

……

"Next, the appellant, Niu Shengming, will first read out the appeal petition or state the reasons for the appeal." After the judge finished reading the first-instance verdict, the presiding judge looked at Niu Shengming in the dock blankly and said.

"The presiding judge and the judge: My reason for appeal is: the facts determined by the court of first instance were wrong, and it was Nong Chuanqing from the investment and development company who first called me and asked me to discuss compensation for the demolition of houses and ancestral graves.

I never thought of blackmailing Nong Chuanqing. I contacted Nong Chuanqing of the investment and development company. Compensation is a civil negotiation process. I never thought of blackmailing the investment and development company...

I request that the judgment of the original trial be set aside and that I be acquitted. "Niu Shengming's body is very strong, but his eyes are a little uncertain, his hands holding the letter paper with the reasons for appeal tremble slightly, and his voice trembles.

"The defense lawyer announced the reasons for the appeal." After Niu Shengming finished his appeal, the presiding judge continued with the procedure with a stern expression on his face.

"The defender believes that the court of first instance made a mistake in determining the facts and inappropriately applied the law.

Although the appellant Niu Shengming used threatening language and negotiated with the investment and development company to obtain a huge amount of money, the defendant’s claim was based on the fact that he enjoyed certain civil rights in house demolition and tomb relocation. Therefore, it was wrong for the court of first instance to determine that the appellant had the subjective intention of “using illegal possession as the purpose” in the constituent elements of the crime of extortion. Based on the existing evidence, the defendant cannot be found guilty.Request the court to acquit the defendant in accordance with the law.complete. "Fang Yi expressed the above reasons.

……

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment." The presiding judge looked at the public prosecutor's seat.

"Okay, presiding judge." The female prosecutor looked at the outline of the question: "Appellant Niu Shengming, has your family signed the demolition agreement and the relevant agreement on grave relocation? Who signed it?"

"It was signed, it was signed by my mother. But I disagree, I have objections to the compensation amount." Niu Shengming replied.

"Have you raised any objections to the relevant departments regarding the demolition compensation standard? Or filed a lawsuit in the court?" the female prosecutor continued to ask.

"No." Niu Shengming shook his head.

"How did you meet Nong Chuanqing from the investment and development company?" the female prosecutor continued to ask.

"Before he called me to discuss compensation, we got to know each other later, and met several times later, all to discuss compensation." Niu Shengming replied.

"Your family has already signed a demolition compensation agreement, why does the investment and development company still seek compensation from you?" The female inspector looked at him.

"Nong Chuanqing didn't say it, but I guess it's because I wrote a JB letter about violations and illegal activities during the development of the project. This letter should have played a role." Niu Shengming recalled.

"How did you talk with Nong Chuanqing?" the female prosecutor then asked.

"I told him: if my requirements are not met, I will report to the relevant department that the project is illegal and the project cannot go ahead. Anyway, that's probably what it means." Niu Shengming said.

He can't do without saying it. During the interrogation process, the prosecutor asked him and there was a transcript. That's what he said.

"How much did the investment and development company pay you?" the inspector asked.

"The investment and development company promised to give me 50 yuan, but the first 20 yuan was taken away by the police." Niu Shengming said truthfully.

"Judge, we're done asking." The female prosecutor looked at the trial seat.

"The defender of the appellant Niu Shengming asked questions," said the presiding judge.

"Appellant Niu Shengming, did you ask the relevant department for demolition compensation before contacting Nong Chuanqing of the investment and development company?" Fang Yi asked.

"I have requested it, and I submitted a claim to the demolition office requesting the demolition office and the investment and development company to compensate for the damage to my house and ancestral grave. Later, I wrote a JB letter and mailed it to the relevant department, reflecting that there were violations of regulations and laws during the development of the project." Niu Shengming said.

"After you negotiated with Nong Chuanqing of the investment and development company, did you sign an agreement?" Fang Yi asked.

"Signed, Nong Chuanqing asked me to sign a letter of commitment." Niu Shengming replied.

"What is written in the letter of commitment?" Fang Yi asked.

"I can't remember the specific content, but the main meaning is that after I took the money, I can no longer report the violation of laws and regulations to the relevant departments.

Later, I felt that this was wrong, so I went to the investment and development company to find him, and wanted to return 20 yuan to the company and get back the letter of commitment, but the investment and development company disagreed.Then I got caught. "Niu Shengming said.

"Have you signed a division agreement with your mother? Have you divided the family property?" Fang Yi asked.

"No, I haven't signed a separation agreement. Since my father passed away, our family has not been separated, and we have lived together. I have only one child in my family, and there is no need to separate at all." Niu Shengming said.

"Presiding judge, the defender has finished questioning." Fang Yi said.

"Does the prosecutor, defender, and appellant have any new evidence to submit?" The presiding judge looked at the three parties.

"There is no new evidence." All three parties replied.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

The appellant speaks first. "The presiding judge spoke very fast, obviously this set of words has been said many times.

Niu Shengming still used the same set of words as before, and Che Jilu talked back and forth, which made people feel a little talkative, but was stopped by the presiding judge.

"The defender of the appellant Niu Shengming made a statement," said the presiding judge.

"The presiding judge and the judges: the defender believes that the court of first instance found the facts wrong and applied the law improperly. In this case, Niu Shengming's behavior did not constitute the crime of extortion for the following reasons:

[-]. Although the amount claimed by Niu Shengming is huge, it is based on the civil disputes caused by the demolition of houses and ancestral graves, so it cannot be determined that it has the purpose of illegal possession.

[-]. Niu Shengming JB does not belong to the method of "threat and coercion" in the crime of extortion, but a method to fight for disputed civil rights. In this case, Niu Shengming's claim is not proactive, but the result of the investment and development company's active negotiation with him.

In summary, we request the court to amend the defendant's acquittal in accordance with the law.complete. "Fang Yi expressed his opinion.

"Now it's up to the prosecutor to speak," said the presiding judge.

"Presiding judge and judge: We believe that the facts determined by the court of first instance are clear and the law is correctly applied. According to the evidence in this case, the appellant has committed obvious acts of extortion. We request the court to reject the appellant's claim in accordance with the law. Finished." The female prosecutor expressed her opinion.

(End of this chapter)