Lawyer

Chapter 155 Bitterness
Fang Yi understood that the old man came to find out: "Did Cao Xiaohui ask you to call me, or did Auntie ask you to come here?"

"Well, I won't hide it from you. It was your aunt who asked me to come to you. It's better to be clear about some things." Mr. Cao said.He believed that Fang Yi was a smart man.

When he said this, Fang Yi immediately understood: My ex-mother-in-law has always looked down on me, and this time I sent the old man to find out. I am afraid that this matter is not as simple as the old man said. Most likely, I want the old man to warn me to stay away from Cao Xiaohui. Point, roll as far as you can.

Fang Yi and Cao Xiaohui have been married for so many years, so they are very clear about the temper of this ex-mother-in-law.

"Understood! Please tell Auntie that whether I give money or a computer, I am doing my duty as a father, and it is all for the better life of my son Fang Anzhi.

In addition, I don't think Cao Xiaohui has any plans to reconcile with me, at least not yet, otherwise she would not go on a blind date according to what you and your aunt wanted.You say no? "Fang Yi smiled.

Although he had a smile on his face, his heart was bitter.

He wholeheartedly wants to get back his old life and fill the family with laughter, but he doesn't have the strength yet.He doesn't want to be looked down upon by others for the rest of his life, especially the mother-in-law. He needs to rely on his strength to win the respect of the people around him, instead of letting the people around him pity him or curl his lips when he sees him.

During this period of time, when he couldn't sleep at night, he thought more than once to have a good talk with Cao Xiaohui about remarriage.But as time went by, Cao Xiaohui seemed to have no intention of forgiving him so far, and she didn't even bother to scold him when they met, which made Fang Yi feel very uncomfortable.

It's not that Fang Yi is mean, but that he knows what this means. Cao Xiaohui's feelings for him have faded, like a glass of boiled water, and his good or bad has nothing to do with her. It was like a stranger to him.

A good hand of cards made him play poorly, so who can be blamed.

Perhaps maintaining the current state is the best result, and the future can only be discussed in the future.

"Yes, what you said is right." Mr. Cao was a little embarrassed.

"I haven't had a drink with you for a long time. Today we don't talk about anything else, just drink!" Fang Yi said, and asked the waiter for a bottle of Lao Baigan, which he knew that the old man usually likes.

At this time, the dishes have been served one after another, and Fang Yi accompanied Mr. Cao to drink. Although the two of them didn't enjoy the wine (it's no wonder that each has their own thoughts), they basically understood each other's meaning. , substantial progress has been made.Mr. Cao can go back and explain to his wife.

The next day, Fang Yi came to the procuratorate.

The person in charge of Du Jianjun's case is a female prosecutor surnamed Cai who has worked for more than five years.After receiving Fang Yi's call, I felt that the lawyers who came to discuss the case and exchange opinions were nothing more than going through a procedure and performing for the client to prove that they had done their work, nothing more.So she didn't pay much attention to Fang Yi's arrival.

The Prosecutor Cai whom Fang Yi wanted to meet had a round face, big eyes, short hair, and a frosty face. He wore the uniform of the Procuratorate and exuded a heroic air.

"Hello, I'm Du Jianjun's defense lawyer. Here are my procedures and lawyer's certificate." Fang Yi said and handed over the relevant documents.

Prosecutor Cai looked at the relevant documents, then put them on the table and said, "For Du Jianjun's case, we believe that he constituted a crime of extortion. Do you have any new discoveries or new evidence?"

"So far, I have no new evidence, but I think it is debatable whether Du Jianjun constituted the crime of extortion.

I went to the court to transfer the case file yesterday, and looked at the evidence and related documents submitted by your court. I have nothing to say about the facts.

But from the applicable law, there are some objections.I think from the principle of consistent subjectivity and objectivity, Du Jianjun does not necessarily constitute the crime of extortion. "Fang Yi said.

"Oh? We don't think so.

According to the information we have, the defendant Du Jianjun instigated and organized the villagers to block the roads and wellheads of the coal mine on the grounds that the coal mine occupied the land and the compensation given was too low, seriously affecting the normal production of the coal mine.

After the coal mine paid compensation for land occupation in accordance with the agreement reached with the villagers, the defendant Du Jianjun and others still demanded compensation from the coal mine for compensation for aboveground objects, compensation for collective land, loss of administrative detention, and loss of civil litigation. They threatened to destroy the coal mine and forced the coal mine to pay 15 yuan in compensation.It can be seen that Du Jianjun's behavior meets the objective requirements of the crime of extortion.

We should look at the case as a whole and connect what happened on the day of the incident with the whole incident. Nie Zhen, the owner of the coal mine, was threatened by the whole incident and fell into fear and handed over 15 yuan.

Therefore, Du Jianjun subjectively aimed at illegal possession, objectively used verbal threats and mobilized crowds to extort property, and the amount was huge. His behavior has constituted the crime of extortion. "Prosecutor Cai finished speaking and looked at Fang Yi.

She wanted to see Fang Yi's deflated expression to satisfy her competitiveness, but she was still disappointed in the end.

"Well, I partially agree with your opinion, and I will talk about my opinion below.

You just said that Du Jianjun instigated and organized the villagers to block wells and roads, prevent the normal production of the coal mine, bring down the coal mine, burn the coal mine and other verbal threats, forcing the coal mine owner Nie Zhen to pay various compensations, including a compensation of 15 yuan , with the objective elements of the crime of extortion.I agree with you on this point.

However, whether Du Jianjun constitutes the crime of extortion cannot only look at the objective elements, the key lies in the determination of his subjective intention.

According to the Criminal Law, only when the subjective and the objective are unified can a crime be constituted. I think there should be no disagreement between us on this point. After finishing speaking, Fang Yi looked at Inspector Cai.

Inspector Cai didn't speak, but nodded his head in agreement.

"If Du Jianjun had the subjective purpose of illegally occupying the property of coal mine boss Nie Zhen, his behavior constituted the crime of extortion; if he did not have the purpose of illegal possession, he cannot be deemed to have constituted the crime of extortion.

Based on the specific facts of this case, I believe that it cannot be determined that Du Jianjun had the subjective purpose of illegally occupying Nie Zhen’s property for the following reasons:
[-]. The meaning of "illegal possession"
According to the relevant provisions of my country's civil laws, property rights are protected by law. To obtain other people's property, there are generally two ways, 1. to obtain according to the law; 2. to obtain through civil juristic acts.

If the perpetrator despises the existence of the law, has no factual and legal basis for other people's property, does not pay the corresponding price, violates laws and regulations, avoids legitimate market behavior, and forcibly obtains other people's property at zero cost, this behavior is illegal possession .Theft, robbery, robbery, extortion, embezzlement, fraud, etc., are illegal possession crimes. "

(End of this chapter)