I was watched by the Internet police during the live broadcast of law popularization?

Chapter 139 Preparations Before Court

"The crime of extortion is not constituted by the other party giving you money."

Li Chen looked at the latter with a serious face: "The reason is..."

Li Chen chatted with Zhang Xiaodong about their purpose and process, and Zhang Xiaodong became completely confused: "Then what should we do?"

"You guys are not extorting, it's just normal rights protection, what are you afraid of?"

Just now Li Chen discussed this issue from the perspective of the other party and judicial issues, the purpose is to let him understand his own problems.

In case in court, the other party or the trial judge asks, if you accidentally say the wrong thing, it will easily lead to the judgment of the case.

Li Chen is also glad that he found him in advance, otherwise he would have to defend his actions in court.

"Judging from the cause of the case, your brother is a work-related injury, and the other party has to bear the corresponding responsibility and obligation for medical advance payment. This is the first point."

Li Chen looked at Zhang Xiaodong, and analyzed the case from his point of view: "Second point, I have also read the remarks you made, and they did not distort the facts, nor did they ask for a specific amount, which completely does not conform to the constitution of extortion. false conditions."

The amount of property extorted by extortion is relatively large or the amount of extortion has been extorted repeatedly.A large amount is the basic element for extortion to constitute a crime.

"If it really constituted extortion, the law enforcement unit would have talked to you a long time ago."

Li Chen stared at Zhang Xiaodong seriously and said, "It's also thanks to you that you didn't ask for the specific amount of medical expenses. I really mentioned that if people want to mess with you, it's really easy."

Zhang Xiaodong looked at Li Chen with puzzled eyes when he heard the words: "Lawyer Li, in this situation, they are obviously at fault, and we are not asking for money, so how could it constitute extortion?"

"What reason are you talking about?"

When Li Chen heard the words, he said seriously: "You said that he should be responsible. Is there any legal basis? Has the responsibility been determined by the relevant department?
When there is nothing, why do you say other people's responsibility? "

Zhang Xiaodong thought about it carefully when he heard the words, and it seems that this is the case, Li Chen continued to answer his question: "Even if it is his responsibility, they offer compensation and you ask for compensation are two different concepts.

They propose a settlement, and you want compensation, even if it is outrageous, the other party can only say that you are a big talker, and if you don’t want to settle, you can go to the judicial process, because this is the compensation in your heart, it is not extortion.

And you take the initiative to ask for money, and the amount you ask for is huge, which constitutes extortion, so you can understand it? "

"Oh…"

After understanding, Zhang Xiaodong continued to ask: "Then if it is said that the other party is mainly willing to reconcile, and after losing the money, if you report on others for extortion, will it be successful?"

"We still have to look at the evidence."

After Li Chen heard the words, he looked at Zhang Xiaodong and continued to explain: "This is also the most common problem in private reconciliation.

If there is evidence to prove that the other party agreed to settle in private and mainly pay compensation, then there is no problem. If there is not enough evidence to prove, then it will be difficult.

Especially at the time of reconciliation, when there are only two parties involved, it is the most troublesome, and immediate family members cannot be used as witnesses. "

Zhang Xiaodong nodded upon hearing the words: "I understand."

After listening to it, Zhang Xiaodong felt a little lucky.

Thanks to him stopping my parents when they wanted money...

But this charge is more or less a bit deceptive.

Going back after giving the money can also constitute extortion...

It really is.

Li Chen didn't continue to ask on this topic, because he had to look at the evidence if he wanted to.

From a legal point of view, voluntary compensation does not constitute extortion, but the controversial point is whether you can prove that the other party is voluntary or succumbed to your means...

"Let's move on to your case."

Li Chen continued to talk about Zhang Xiaodong's case: "The things I asked you before are very likely to appear in court. It is possible that the judge will ask questions. The biggest possibility is that the other party's lawyer will ask questions. If you follow the To answer the previous answer, I have to be unlucky with you.

Because judging from your overall words and deeds, you are deliberately creating intensified conflicts, and your chat records are likely to be considered as deleted records about solicitation. You have no way to explain this, yourself It is said that you have a good chat with others, so your subsequent words in the group will intensify the conflict. "

Zhang Xiaodong started to defend after hearing the words: "But I really didn't say anything, I just found them and asked them what problems they had."

"Do you have any proof that you didn't say anything?"

Li Chen asked back when he heard the words: "The problem now is, everyone said that they were deceived by you, do you have evidence to say that you didn't?"

"They're talking nonsense!"

Hearing this, Zhang Xiaodong said: "Lawyer Li, you have to trust me, I just asked them to ask, and they told me the matter."

"What's the use of me believing you?"

Li Chen looked at the latter and said, "The point is, can the judge not believe you, understand?"

Zhang Xiaodong was a little annoyed when he heard the words: "I can confront them. They say they were ordered by me, so they have to produce corresponding evidence, don't they?"

"For once you are smart, kid."

Li Chen heard the words and said: "That's why I called you here. In court, if someone asks you if you've been cheated, you just need to tell the truth. There's no need to find reasons or excuses to cover up. Because of the problems reported by other riders, then They are all real, and you can ask them back and ask them to answer your questions.

They say you've been duped, so explain how you got them. "

Zhang Xiaodong nodded when he heard the words: "Then what if they all blame me?
They must have been instigated to say that, in case..."

"Not in case."

When Li Chen heard the words, he said seriously: "The judge is not a fool, the more unified they are, the more problems there will be, right?"

Zhang Xiaodong nodded upon hearing the words: "Understood, Lawyer Li."

Li Chen heard the words and said very seriously: "When you come to the court, you must not panic. You must think carefully before answering what you want to say. You must not say wrong things, let alone try to hide the truth."

"Okay, Lawyer Li."

"Well, it's okay, you go back first."

After the two talked, Zhang Xiaodong got up and left, while Li Chen continued to revise his defense draft.

For some things, he can only remind the other party, but cannot fully explain them, otherwise he will deliberately instigate them.

The more perfect the answer is, the easier it is to have questions.

What Li Chen needs to do is to keep the other party's possible problems in mind and defend him...

the other side.

People from Yunsheng E-Commerce are also preparing for the trial...

　Axi, my update has nothing to do with tipping, I'm going to start paying for your readers' money, and I guarantee daily updates, because some people are skipping, so I can only post chapter by chapter.

　　In addition, a story will not drag on for four days, it must end within four days, this story ends today...

　　
　
(End of this chapter)