If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 105 This judgment is final!

"Let's talk about it. Let's exchange opinions."

After exiting the side door and entering the inner passage, Hu Shuge looked at his two colleagues.

"Let me talk about the conclusion first. I think Shi Hao is not guilty."

Wang Wenjing said directly: "Most of the evidence identified in the original judgment was correct, but some evidence was missing, which led to deviations in the facts identified, which in turn affected the trial thinking. The verdict must be changed."

"There is no way to change the verdict. New evidence needs to be added, and the re-confirmed facts have to be changed. But Shi Hao is not guilty? Isn't this still a bit problematic?"

Chen Qifan's eyebrows knitted together, and it was obvious that he was very confused:

"Although Attorney Ren explained Shi Hao's behavior in the civil field, I think we still have to be cautious as to whether it can be used as the basis for the final judgment.

Extortion and rights protection claims, one is a criminal offense and the other is civil rights protection, seem to have clear boundaries, but they are often mixed together and are easily confused. "

Hu Shuge nodded: "It's right to be cautious. Now, Old Chen, tell me, how do you think Shi Hao's behavior should be classified?"

"I think we still have to start from the amount."

Chen Qifan pondered for a moment: "Although Youen Company took the initiative to offer compensation to Shi Hao in this case, it cannot be directly classified into the civil field.

Most claims are made by the claimant, but there are also cases where the claimee takes the initiative, because the resolution of disputes is a game in itself.

The fact that Shi Hao did not take the initiative needs to be considered, but the amount of 200 million must also be considered.

In the case of an infringement relationship, the amount that the rights defender is convinced of shall prevail and the judgment shall be made from the standpoint of ordinary people.

This amount of 200 million is obviously far beyond normal people's understanding of similar things. "

How about saying that the judges of the High Court are of high quality? The same issue was mentioned during the last court session, but at that time it was only said that 200 million was not proportional to the losses suffered by Shi Hao.

Chen Qifan first synthesized the defender's opinions and raised questions from two angles at the same time. Such questions seemed much more reasonable.

Wang Wenjing immediately expressed her objection: "Although 200 million is a lot, it does not necessarily violate ordinary people's understanding.

This is correct from the standpoint of ordinary people, but when it comes to extortion, we cannot simply think that it is unreasonable if ordinary people do not recognize it.

I think it depends on whether the claim amount can be understood by most people as extenuating circumstances, or whether it exceeds the tolerance limit of the public. "

Tolerance limit?

Chen Qifan suddenly understood and nodded: "You are right."

Hu Shuge also nodded, obviously agreeing with Wang Wenjing's statement.

Wang Wenjing's words were very simple, but they hit the point directly and made them realize the key point immediately.

When the claim amount obviously exceeds the loss, it may not necessarily be recognized by the public, but it does not mean that it cannot be understood.

Just like the 200 million here, some people may think that 200 million is too much, but if you consider that Shi Hao’s daughter is a victim, and what happened between Shi Hao and Youen Company, the number may be a bit larger. But it's definitely not incomprehensible.

This is what Wang Wenjing said, and it has not exceeded the tolerance limit.

If 200 million is placed in the civil field, you can say that Shi Hao wants a bit much, but if it is placed in the criminal field, convicting someone simply because the amount is large will definitely conflict with the original intention of the legislation.

After all, the provisions of the criminal law are very strict in order to limit the scope of crimes and prevent unnecessary actions from being included in the scope of crimes.

“Old Chen’s suggestion of looking at the amount makes sense, and Wen Jing’s point is also good.

The amount needs to be considered, but overall, I think Shi Hao’s behavior objectively does not meet the requirements for extortion.As a consumer, Shi Hao's behavior in stating his experience to the media was legal and reasonable, and did not conflict with the previously signed compensation agreement. Just by asking for 200 million, the existing evidence was not enough to prove that his behavior was suspected of extortion.

As for whether Shi Hao subjectively had the purpose of illegal possession?"

Hu Shuge hesitated for a moment, obviously unsure.

Objective behavior is relatively easy to identify, but it involves subjectivity. After all, people's hearts are at odds, and disagreements are common here.

"I personally believe that Shi Hao has the right to claim compensation against Youen Company in this case. What do you think?"

The other two people were still struggling at first, but when they heard what Hu Shuge said, they immediately breathed a sigh of relief.

"My opinion is the same as yours."

Wang Wenjing followed.

"Me too."

Chen Qifan nodded: "Firstly, Shi Hao, as the guardian of the minor, signed a compensation agreement with the content of giving up rights. Secondly, it was indeed Youen Company that contacted Shi Hao first, and then the following series of things happened. If the amount of 200 million wasn't a bit outrageous, it probably wouldn't be like this.

Now that we can all agree on the amount of 200 million, with the previous two points in mind, I think Shi Hao's claim should be considered a civil act. "The three people's opinions were completely unanimous, and Hu Shuge's pressure as the presiding judge was instantly reduced by more than half.

After quickly communicating a few more details, the judges returned to the courtroom.

"Lawyer Ren, is it really going to be sentenced today?"

Shi Hao was already very nervous. When he saw the judge coming back, he subconsciously looked at the serious person on the side.

The judge made it very clear before he left just now, and announced the verdict after deliberation.

This means that the retrial that Shi Hao has been thinking about will come to an end today.

He had been looking forward to it since he was imprisoned. He was looking forward to it finally being over today, but Shi Hao became anxious.

What if the original verdict is upheld?
What if the sentence is changed and I am still guilty?
just in case
Shi Hao suddenly had 1 possibilities in his mind.

"I didn't expect it to happen so soon, but look at the judge just now"

Ren Zhen originally wanted to whisper a few words of comfort, but who knew that the judge spoke just as he opened his mouth.

"According to the relevant laws and regulations of our country, Shi Hao, the defendant in the original trial, was criminally detained for this case on July Judgment No. 20, the defendant Shi Hao was dissatisfied and appealed. The Intermediate People's Court of G City, Province C made a criminal ruling (7XX) G Zhongfa Xingyi Zhongzi No. 20, upholding the original judgment of first instance.

This court made the (20) C High Court Criminal Application No. 2023 retrial decision on X, Year X, 18XX, and brought this case to trial.

After interrogating the complainant, Shi Hao, the defendant in the original trial, and hearing the opinions of the defender, this court made a comprehensive judgment as follows:

[-]. Judging from the occurrence and development of this case, it cannot be considered that the nature of Shi Hao’s behavior exceeds the scope of civil disputes.

First of all, this case was triggered by Youen Company's initiative to contact Shi Hao; secondly, on the premise that Youen Company expressed its intention to compensate again, Shi Hao made a request for the amount of compensation, which is in line with the characteristics of civil dispute settlement through negotiation; Finally, during the negotiation process with Shi Hao, Youen Company used inducement and persuasion to get Shi Hao to issue written claim materials. "

Hearing this, Shi Hao suddenly felt relieved, and Ren Zhen picked up his thermos cup.

Steady!

In his defense logic, the civil domain is the most important module. Now that this has been recognized by the collegial panel, the rest will no longer be a problem.

“[-]. The existing evidence is insufficient to prove that Shi Hao had the purpose of illegally possessing other people’s property.

First of all, Shi Hao has the right to file for civil compensation in this case.Shi Hao sought compensation from Youen Company because his daughter suffered physical damage after consuming the milk involved in the case. Youen Company had no objection to the fact that the milk it produced was of substandard quality and caused related personal injuries;
Secondly, the fact that Shi Hao’s daughter’s milk was damaged due to the problem involved in the case is unclear.Although the amount of compensation proposed by Shi Hao has exceeded the highest compensation standard handled by the relevant departments at the time, it is not appropriate to assume that the new amount of compensation proposed by Shi Hao exceeds the level of compensation before the extent of his daughter’s personal injury has been assessed and the Youen Company has not proactively contacted the company. The above criteria were used to determine illegal possession.

[-]. The existing evidence is insufficient to prove that Shi Hao committed extortion.

First of all, it is the legal right of consumers to supervise product quality. Consumers can choose to safeguard their rights through public opinion supervision of product quality through the media;

Secondly, Shi Hao enjoys corresponding civil rights in this case, and his claim does not violate legal provisions;
Finally, Shi Hao fabricated the fact that his family was dissatisfied, which was not enough to cause fear and fear on the part of Youen Company and other mental coercive effects.

This behavior is not enough to constitute a threat or coercion. "

Snapped!
Shi Hao seems to have become a habit of patting his thigh in court, but this time, he finally patted his own thigh.

Although the final result has not been announced yet, Shi Hao's face has turned red.

By now, everyone has already guessed the outcome.

“To sum up, based on the existing facts and evidence, the defendant Shi Hao in the original trial cannot be found guilty of extortion.

This court believes that the original trial judge found that the defendant Shi Hao used threats and coercion for the purpose of illegal possession, and the facts were unclear and the evidence was insufficient. , adopted by this court. "

At this point, Hu Shuge's voice was deliberately lowered, making him look particularly majestic:
“In accordance with Articles 245 and 225 of my country’s Criminal Procedure Law and the relevant provisions of the Supreme People’s Court on the application of interpretations of the Criminal Procedure Law, the judgment is as follows:
20. The Intermediate People’s Court of G City in Province C (13XX) G Zhongfa Xing Yi Zhongzi No. 20 Criminal Ruling and the Xincheng District People’s Court of G City in Province C (231XX) Xin Chu Xing Zi Judgment No. [-] are revoked.

[-]. The defendant Shi Hao in the original trial was not guilty. "

These words hit Shi Hao's heart one by one, making him feel dizzy.

"I'm not hallucinating, am I, Lawyer Ren?"

Shi Hao murmured.

"This decision is final!"

It doesn't seem like an auditory hallucination
Shi Hao thought.

　Today it’s [-] again. My liver can’t move anymore. Let’s take a rest.

　　I won’t be able to write so much when I go to work tomorrow. I may open a new case, or the day after tomorrow. It depends on how much I can write.

　　Everyone in the comment area has been encouraging me these past two days. Thank you. It really gives me a lot of confidence (●—●)
　　
　
(End of this chapter)