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

Chapter 85 Am I guilty?
“Through the above discussion, what I want to say is that according to the principle of autonomy of will in my country’s civil laws, parties can engage in corresponding civil activities according to their own free will.”

"As a legal person established in accordance with the relevant laws of our country and with corresponding civil rights and civil conduct capabilities, the offer invitation issued by Youen Company to Shihao should be deemed legal and valid."

Returning to the civil field, Ren Zhen’s speech finally came to an end:

“Since Youen Company’s invitation to treaty is legal and valid, based on the invitation to offer, Shihao made a claim of 200 million against Youen Company. Although the amount is relatively large, the claim is legitimate and has a legal basis.

Therefore, Shi Hao's behavior was not only not a threat, but also legal and reasonable, and should not be considered to constitute a crime. "

wonderful!

Shi Hao slapped his thigh, which made Chang Jiahang almost burst into tears.

Can you take a photo of yourself?

Contrary to Shi Hao's excitement, silence fell on the trial bench and the prosecution bench.

Just now we were discussing whether Shi Hao's behavior was a threat. How come in just a few words, it didn't constitute a crime?

A group of us are sitting here to watch your performance, right?
However, despite thinking this way, both Liu Lin and the other three judges, as well as the prosecutor Zhai Ming, have to admit that as of now, the overall defense logic of Ren Zhen is relatively complete.

Although a lot of things were discussed in the previous trial, such as criminal intent, illegal possession purpose, and blackmail, all of which were discussed separately, but in fact they were originally mixed together.

The reason for separate discussions is to make the legal issues more clear and to make separate judgments.

Now Ren Zhen picked up a thread and tied all the problems together, making it clear.

Moreover, the thread he mentioned was the largest and thickest, making it difficult for others to refute.

"Prosecutor, do you have anything else to add?"

As soon as this question came up, everyone knew that the highlight of today's trial was basically over.

Zhai Ming didn't speak for a long time, and Liu Lin wasn't in a hurry. Everyone just waited quietly.

The real court is not like in the movies, where all the arguments and aggressiveness are fake.

Debates in court are based on evidence and facts. Both the prosecutor and the lawyer will express their opinions after careful consideration.

As long as the trial time is not deliberately delayed, the judge will generally not push too much.

"Based on the existing evidence, the fact that Shi Hao demanded 200 million from Youen Company exists objectively."

After sorting out all the facts again, Zhai Ming slowly spoke:
"Although Shi Hao did not directly threaten Youen Company, even from the perspective of civil compensation, the amount of compensation he demanded from Youen Company was huge, which was obviously not proportional to the losses he suffered."

"According to the evidence submitted by the defendant in the original trial, the medical expenses for his daughter's treatment plus the cost of purchasing milk powder totaled about 3000 yuan, which is a hundred times different from the compensation requested and should not be regarded as simple civil compensation."

Amount!

There was no mention of any criminal intent or illegal possession purpose, let alone whether Shi Hao's behavior was a threat.

Completely discarding the accusations raised by the original prosecutor, Zhai Ming finally gave his own response based on the most basic understanding of the crime of extortion in practice.

Ren Zhen was stunned for a moment and then realized Di Ming's train of thought.

The prosecution opinions given by the Xincheng District Public Prosecution Office were supported by the court in the first instance and were eventually cited in the judgment.

But this does not mean that Zhai Ming, who is responsible for the retrial prosecution duties, must completely follow the thinking of the Xincheng District Public Prosecution Agency.Now that the prosecution opinions of the original trial were rejected one by one by Ren Zhen, Zhai Ming decisively changed directions.

And this direction is actually an important criterion for distinguishing most extortion behaviors.

After all, there are endless cases of unreasonable claims being made in the name of rights protection. There must be a standard to distinguish legitimate rights protection from extortion.

However, although Zhai Ming proposed this standard, whether it was Ren Zhen, the three judges on the trial bench, or Zhai Ming himself, they all knew that this was basically just the last symbolic stubbornness of Zhai Ming as a prosecutor. That’s all.

The reasonableness of the amount is indeed important in judicial practice, but it ultimately comes back to the behavior and subjectivity of the parties themselves.

The key parts of Shi Hao's case have already been discussed. How to determine it is the judge's business. If Zhai Ming raises it now, the most he can do is let the judge consider it when determining the relevant facts.

“As for the prosecutor’s opinion on the amount of Shi Hao’s claim, what I want to say is that whether the amount proposed in the rights protection is reasonable or not ultimately depends on whether the perpetrator’s claim has a legal basis.

There is an infringement relationship between Youen Company and Shi Hao's daughter. This has been found out and is an undisputed fact. "

Ren Zhen took his time. Since Zhai Ming brought it up, he could just add a few more words:

"As a legal entity, Youen Company has legal and independent civil capacity.

If the 'invitation to treaty' issued by Youen to Shihao is 'false', then it is necessary to distinguish whether Youen Company explicitly stated this fact to Shihao when it issued the 'invitation to treaty' to Shihao.

If Youen Company expressly states that the offer invitation is false while issuing an 'invitation to treat', then Hao shall bear the corresponding liability for the claim against Youen Company. "

Ren Zhen's choice of words is very clever. I only talked about responsibility, not whether it was civil liability or criminal liability. What kind of responsibility it is, the judge should weigh it carefully.

"But if Youen Company did not make an 'explicit statement' to Shi Hao and pretended to negotiate, then its behavior would be completely consistent with 'civil fraud', and Youen Company should bear the corresponding civil legal liability.

So based on this, Shi Hao's claim, although the amount is relatively large, actually has a corresponding legal basis.

Therefore, Youen Company must either fulfill its promise and be responsible for its "invitation to treaty", or it must be responsible for its "civil fraud" and compensate Shihao for the losses he suffered as a result of his "civil fraud".

But the fact is that Youen Company chose the third option that should not have existed, abused its civil rights granted by the law, used civil rights to seduce Shi Hao, and put Shi Hao in a position of being subject to criminal prosecution.

The behavior of Youen Company has gone beyond the scope of civil fraud at this time and entered the realm of criminal crimes! "

Liu Lin knocked the gavel: "Defender, pay attention to what you say. Don't say anything that has nothing to do with the prosecutor's opinion."

was found again.

Ren Zhen sighed inwardly. It seemed that it would not be easy to use this trial to drag Youen into trouble.

However, he also knew that what he said should not be discussed here, so he did not dwell on it any longer:

"Okay, Judge.

All in all, based on the 'invitation to offer' issued by Youen Company, Shihao's claim did not go beyond the scope of legal rights protection.

Within the framework of the principle of autonomy of will, the agreement between the two parties did not violate the mandatory provisions of the law, public order and good customs, nor did it cause harm to a third party, nor did it bring negative social impact.

Therefore, simply because the amount is relatively large, it should not be considered extortion! "

(End of this chapter)