Lawyer

"Second, Niu Shengming's behavior does not meet the objective requirements of 'extorting public and private property by means of threats and coercion' in the crime of extortion.

The objective behavior elements of the crime of extortion should meet the following characteristics:

1. Using threats and coercion;
2. The content of the threat or coercion is enough to cause panic and fear in the person being threatened or coerced;
3. The coerced person disposes of the property because of reasons, and hands over the property to the threat and blackmailer.

In this case, Niu Shengming's behavior did not meet the objective requirements for extortion.The specific reasons are as follows:
1. Niu Shengming's claim against the developer is exercising his legitimate rights.

After Niu Shengming first handed over the claim materials and J report materials to the relevant departments, Nong Chuanqing from the investment development company contacted him. During the process, Niu Shengming did not inform Nong Chuanqing that he had already reported to the relevant departments that the project was illegal and illegal.

In other words, Niu Shengming did not directly make so-called "threats and blackmails" to the investment and development company on the condition of reporting.

2. The information obtained by the investment and development company from Niu Shengming's J Newspaper did not come from Niu Shengming's initiative to inform him, let alone Niu Shengming's conditional claim against him.

In order to understand Niu Shengming's true meaning, the investment and development company took the initiative to meet with Niu Shengming.

Niu Shengming only handed over the J report and claim materials to Nong Chuanqing of the investment and development company after seeing him.That is to say, linking the J report letter with the claim materials is the result of the initiative of the investment and development company. Before meeting Niu Shengming, the investment and development company had already had this idea.

3. The negotiation between Niu Shengming and the investment and development company is a civil negotiation process, and the result of the negotiation is not the result of extortion.

Niu Shengming did not agree to sign the letter of commitment at the beginning, but after negotiations, the investment and development company repeatedly promised that no one would know about it, and said that everyone must abide by the promise before signing the letter of commitment.

The investment and development company invested 50 yuan in exchange for Niu Shengming's agreement to stop JB's commitment to the project that violated laws and regulations.

The witness testimony of Nong Chuanqing, an investment and development company, also stated: The reason why Niu Shengming was asked to sign the letter of commitment against him was that once Niu Shengming got the money, he could report his illegal behavior to the relevant departments and use the letter of commitment to protect the company's own interests.

It can be seen from this that Niu Shengming signed the letter of commitment entirely as a result of civil negotiations, while the investment and development company required Niu Shengming to sign the letter of commitment for the purpose of producing evidence of extortion.

4. Niu Shengming's performance after the incident also reflected that his claim behavior did not conform to the characteristics of extortion.

When Niu Shengming found out that the letter of commitment was not good for him, he asked to return the 20 yuan he had already claimed, but was rejected by the investment and development company.This also shows that Niu Shengming's initial claim intention did not take reporting as a means and condition.Therefore, Niu Shengming's behavior does not conform to the objective behavior characteristics of the crime of extortion.

To sum up, in this case, Niu Shengming submitted a J report to the relevant department, reflecting the violations and illegal acts of the investment and development company during the project development process, which belonged to normal XF behavior.Its negotiation with the investment and development company on the claim is a normal civil act.Therefore, Niu Shengming's actions did not constitute the crime of extortion.complete. " Fang Yi replied.

……

Niu Shengming's case has caused quite a stir in the local area. It has been reported by big newspapers, tabloids and online media before, so the local media's attention to the case is quite high.

Speaking of which, it is all thanks to the investment and development company. Originally, the investment and development company wanted to use this case to gain popularity locally, letting the common people know that the investment and development company’s money is not so easy to get, so it fueled the flames of the media and created a lot of momentum for this case.As a result, the investment and development company counted to the beginning, but failed to guess the end, which was self-defeating.

Outside the gate of the court, many local reporters were interviewing the released Niu Shengming. The latter was very excited, and there was no nonsense thank you, only honest grievances.

The Intermediate People's Court held that although the appellant Niu Shengming obtained huge sums of money by means of coercion, the appellant's claim was based on his enjoyment of certain civil rights in house demolition and tomb relocation. Therefore, the appellant was found to have the subjective intention of "using illegal possession as the purpose" in the constituent elements of the crime of extortion, and the evidence was insufficient, so the appellant could not be found guilty.

The appellant and defender's defense and opinion of innocence are accepted.In accordance with the provisions of Article 189 (162) and Article [-] ([-]) of the Criminal Procedure Law, the original judgment was revoked and Niu Shengming was acquitted.

Fang Yi and Yun Qiao originally planned to drive back after the court session, but they were stopped by Niu Shengming and Bao Li, who wanted to invite Fang Yi to dinner as a token of gratitude.Yun Qiao got her lawyer's certificate a week before the trial, so she also came to the trial this time.

Early the next morning, the verdict of Niu Shengming's case was published online and in newspapers, and Fang Yi's name came into everyone's attention again.

……

Summer mornings are not refreshing, the sun goes to work too early, and soon the earth enters a state of scorching. Walking on the asphalt road can only feel the heat waves, and the roasted people can't breathe.

After Zhou Ying got off the air-conditioned bus, she held up a parasol and walked quickly to the office building. In the elevator, she happened to meet Du Yong who was coming up from the underground parking lot by elevator.

Du Yong, who received a bonus at the end of the year, changed to a new car. Originally, Meng Guangda and others thought that Du Yong would change to a better, higher-end car, but Du Yong just sold the old car and replaced it with a new Jetta King.In Du Yong's words, this kind of wagon is hard to build, and the maintenance cost is also low.

"Lawyer Du, Lao Xie gave me a criminal case in the next city yesterday. The case is relatively simple. I just got it and haven't met the client. Why don't I pass it on to you? I don't have a car. It's a long way to go to the next city..." Zhou Ying looked at Du Yong.

"How much is the lawyer's fee?" Du Yong asked smoothly.

"Not much, the lawyer's fee is 2000 yuan, plus [-] yuan for travel expenses. If you agree, I will ask Lao Xie to change the lead lawyer later." Zhou Ying replied.

"Okay, I'll take it." Du Yong hesitated and said.

Everyone knows about the rewards at the end of the year. Du Yong and Meng Guangda are both people who have been beaten by the society. It is the purpose of their work to handle more cases and make more money.

In fact, team lawyers have swapped cases for a long time. It is normal for everyone to be overwhelmed or to catch up with the court and change the lead lawyer.As long as both parties agree to change, Fang Yi has no objection, his bottom line is not to delay work.

"Why haven't you seen Brother Da recently?" Zhou Ying asked Du Yong after she got out of the elevator.

"Some time ago, Lao Xie assigned several criminal cases in other provinces to Brother Da. During this time, he has been on a business trip. I saw him yesterday afternoon. You happened to be out for the court session.

Da Ge said that this morning he would go to the detention center to meet with the client, and it was Yuwen who introduced the case to him.It seems like a case of intentional homicide. "Du Yong and Zhou Ying walked into the gate of the law firm while talking.