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

Chapter 80 Generally speaking?Today is average!
"So, under the premise that Shi Hao obviously fabricated the fact that his family was not satisfied with the 30 yuan compensation, it can be determined that Shi Hao had the purpose of illegally possessing the 200 million yuan that he later claimed."

Hearing this, Shi Hao was speechless.

"This is not the purpose of my wife's testimony."

Hearing Shi Hao's muttering, Ren Zhen smiled: "It's okay, it's not our turn yet."

Perhaps Ren Zhen had explained this before the trial, or perhaps he had been excited just now, but Shi Hao's mood was very stable now.

Seeing how indifferent Ren Zhen was, Shi Hao stopped mumbling and listened to Di Ming continue.

"Previously, we believed that Shi Hao's behavior in accepting media interviews did not necessarily mean that he had criminal intent.

However, combined with Shihao's behavior in writing the claim request, there is indeed a suspicion of using the various pressures brought by the early media to Youen Company.

And in the conversation with Youen Company on June 20, 6XX, Shi Hao showed that if the other party did not compensate 29 million, he would continue to use the media for exposure.

Therefore, regardless of whether Shi Hao had the subjective intention of extortion before contacting Youen Company, on June 20, 6XX, Shi Hao clearly carried out blackmail in the sense of criminal law. "

Blackmail.

This is the third point of accusation raised by the prosecutor in the original trial.

Although there were doubts about Shi Hao's early criminal intent, Di Ming had the same view as Li Kai regarding the threat here.

Perhaps at the time of the interview, Shi Hao had not yet had the idea of ​​extortion.

However, after media reports and the incident fermented, Youen Company contacted Shi Hao again, and Shi Hao's behavior of writing down the claim became a bit intriguing.

At the presiding judge's signal, Ren Zhen began his response:

"In the claim written by Shi Hao, it was indeed mentioned that his family was not satisfied with the 30 yuan compensation. However, the claim was not Shi Hao's true intention, but the inducement and command of several persons in charge of Youen Company. Written below.”

Upon hearing this, Liu Lin interrupted him: "Defender, whether the claim for compensation is Shi Hao's true intention requires evidence to prove it."

"There is evidence, presiding judge."

Ren Zhen understood what he meant: "As mentioned by the prosecutor just now, Shi Hao's family members appeared in court to testify in the first trial, which was actually to prove that the claim written by Shi Hao was not his true intention.

According to the facts found in the first-instance judgment and the logic mentioned by the prosecutor just now, Shi Hao's family members never stated in court that they were dissatisfied with the 30 yuan compensation, so Shi Hao fabricated some facts in the claim he wrote.

But the real situation is that when Shi Hao wrote down his claim for compensation, he had already been negotiating with several people in charge of Youen Company for several hours. During the negotiation process, the other party repeatedly guided Shi Hao to write down his family’s dissatisfaction. facts as the basis for the claim.

The reason given by the person in charge of Youen Company at the time was that the company would only agree to the compensation request if reasonable reasons were given.

With the mentality of ending it as soon as possible, and in a state of extreme mental exhaustion, Shi Hao wrote the claim that we saw as evidence in the court. "

In the courtroom, several judges frowned and looked at Zhang Tian and Li Kai in the auditorium, almost complaining about them to death.

The first-instance judgment seemed quite reasonable. Why is it reversed everywhere now?
How did you handle this case?

You're just causing trouble for us, right?

"It can be seen from the transcript of the first instance trial that Shi Hao and his defenders have clearly stated the circumstances under which this claim was made. Shi Hao's family also appeared in court because of this, in order to prove that this claim was not Shi Hao's. the true meaning of.

However, because there was no more evidence, the opinions of Shi Hao and his defender were not adopted. Instead, the testimony of his family members became the basis for the first-instance judgment to determine that Shi Hao had fabricated the facts. "

Ren Zhen looked at the auditorium as if he were an idiot. "The same evidence was used in completely opposite logic. It is obviously very unreasonable to conclude that Shi Hao carried out the so-called 'blackmail' behavior." After noticing Ren Zhen's eyes, Li Kai suddenly became angry.

The evidence submitted by Shi Hao is not enough to prove that what he said is true. Of course, it is impossible for me to adopt his opinion.

Although his family's purpose of proof was not achieved, I can still use their testimony.

Can this be my fault?
And if you talk so much, don’t you still have no evidence to prove how this claim for compensation was written?

What are you pulling?

"Based on the existing evidence, it is difficult to conclude that this claim is not Shi Hao's true intention, right?"

The two judges next to them discussed in a low voice. Liu Lin listened and reminded calmly:

"Although the defender's logic is possible, there is no substantial evidence to prove it. If the defender has no other evidence."

Halfway through his words, Liu Lin looked at Ren Zhen and took out several stacks of A4 papers: "Presiding judge, I now apply for the submission of additional evidence."

New evidence?
Something that no one expected happened.

"Why not submit new evidence within the evidentiary deadline?"

The emergence of new evidence was unexpected, and Liu Lin's questioning was reasonable.

According to the relevant provisions of criminal retrial, if new evidence emerges, it must generally be submitted when applying for retrial.

Obviously, this is the second situation.

"This is the report record of the law enforcement agency on the day Youen Company reported the case."

Although he raised questions, Liu Lin still asked the clerk to take over the evidence.

Ren Zhen handed over the evidence and explained: "It takes time for law enforcement agencies to collect evidence, and they also need to submit relevant supporting materials.

We only had sufficient grounds to apply to law enforcement agencies after we received the court’s retrial decision, so this evidence was not submitted within the time limit for producing evidence. "

Yes, you asked me to submit evidence when I applied for retrial. The problem was that I had no evidence at that time.

If I want to get this evidence, I must get the court's retrial decision, otherwise the law enforcement agencies will not tolerate me at all.

Fortunately, the current law takes into account special circumstances and allows special circumstances.

“Remember to submit a supplementary statement of circumstances after the court.”

Liu Lin warned and began to look through the new evidence in his hands.

Di Ming, who was at the prosecutor's seat, also got a copy. As soon as he flipped through it, he saw the two lines of small words circled by Ren Zhen.

Ren Zhen naturally did not prepare for the few people in the auditorium. Li Kai and Zhang Tian saw new evidence appearing and stared anxiously, but there was nothing they could do.

Who makes them nameless and insignificant in this court?

(End of this chapter)