Chapter 195 The Extortion Case Held in Trial: The Party Who Freed Himself (5K)
That day, 9:45 am.
Jiang Bai came to the first criminal court early.
Today, Han Li's extortion case will be tried here.
Because Han Li failed to extort and Jiang Bai suffered no financial losses, he would not appear in court as an accompanying civil plaintiff.
At the same time, because Jiang Bai is the victim, he has a direct interest in the case and cannot appear in court as a witness.
So, I can only listen.
Jiang Bai chose a seat in the audience seat and sat down quietly. He waited for the court to begin.
soon.
The defendant and his daughter came in.
When Jiang Bai saw them, there was no psychological fluctuation.
But when he saw the lawyer beside Han Li, he really lived in Bengbu.
Zhou Chaoqun.
That young legal aid lawyer.
At a young age, he suffered all the destruction when he was just starting out.
Unexpectedly, he was the defense lawyer for Han Li this time.
As for the lawyer next to Cao Dantong, he is very young and immature. He is mostly a novice, with a nervous look on his face and even acts worse than Zhou Chaoqun.
Maybe it was the first time I became a defense lawyer.
Jiang Bai suddenly remembered a message he heard from Zhang Wei two days ago.
It is said that in the past few days, Han Li has been running around Longcheng, wanting to find another lawyer to help defend her.
result……
No one wants to take her.
Perhaps it was scared by Yue Bin's past.
Han Li and her daughter had no choice but to apply for legal aid.
Jiang Bai shook his head.
I began to observe silence for two innocent legal aid lawyers.
The prosecutor of this case is still an old acquaintance, Prosecutor Chen Tianci.
This experienced old prosecutor is no less than fighting against many lawyers. For young legal aid lawyers, it is tantamount to being a great devil.
It's going to be abused.
Jiang Bai was quite gloating.
Just then, a sharp sound suddenly rang.
"The surname is Jiang! You are so conscientious beast! Why didn't you go out and get killed by a car?"
"You have killed my son, and now you want to kill my daughter. Even if I become a ghost, I will not let you go!"
"You will be retribution, and you will be thundered!"
Cao Dantong stared at Jiang Bai with a resentful look on her face and cursed.
Han Li also gritted her teeth with hatred.
Jiang Bai shrugged, plunged his hands behind his head, completely ignoring it.
But this reaction even more hurt Cao Dantong and his daughter.
They were so angry that they were about to rush up.
But he was stopped by the bailiff.
Zhou Chaoqun and another young legal aid lawyer also quickly persuaded him.
After a long struggle, I barely comforted the mother and daughter.
A few more minutes passed.
The prosecutor walked into the trial court.
Chen Tianci sat in the prosecutor's seat, glanced at it, and indeed saw the familiar face in the audience.
In the past few months, eight out of ten cases of the prosecutor, all of which are related to Jiang Bai.
Since this young man appeared, the workload of public security, procuratorial and judicial departments has increased sharply.
Jiang Bai smiled and nodded at Chen Tianci, and greeted him.
On the other side.
"Ms. Han, after the trial is held later, you must not be as impulsive as you did just now. You must remember what I said to you, actively plead guilty, apologize sincerely, and strive for a reduction in sentence."
Zhou Chaoqun reminded Han Li.
The latter did not react at all, but just stared at a handsome guy in the audience with resentment.
His face was gloomy and he gritted his teeth.
It seemed that I could rush up and swallow Jiang Baiyuan.
Next to him, another legal aid lawyer named Changsheng also advised Cao Dantong some precautions.
But it seems that Cao Dantong didn't seem to listen to his topic at all.
The two young legal aid lawyers looked at each other and saw the helplessness in each other's eyes.
soon.
The judges, jurors, clerks and others all walked into the court.
"winter!"
As time came, Chen Zhonghan beat the gavel.
"Today, in accordance with Article 274 of the Criminal Law, the Criminal Trial Trial Division of the Binjiang District People's Court of Longcheng City, Jiangsu and Zhejiang Province publicly tried the defendants Han Li and Cao Dantong in accordance with the law."
Chen Zhonghan's voice was still as thick and powerful as ever, full of majesty.
The court suddenly became quiet.
"The whole person stands up and now read out the court discipline."
The clerk stood up and began to read:
"One, all personnel present in court must obey the presiding judge's command..."
"Two, no noise or applause..."
"Three, the person questioned by the court must stand and speak when answering questions..."
"Fourth, the bailiff has the right to stop the act of not complying with the court order..."
"Five, the attendees must comply with the following disciplines:"
“1. Recording, video and photography are not allowed;”
“2. Do not move around or enter the trial area at will;”
“3, no speech or questioning is allowed;”
“…”
Jiang Bai looked at the clerk from afar and frowned slightly.
If I remember correctly, the clerk before was always a man in his early thirties, but this time he was replaced by a young woman under thirty years old.
The clerk is one of the judicial staff of the People's Court and the People's Procuratorate. He mainly serves in the recording of the court and handles auxiliary matters related to trials, such as preparation for the trial, custody of evidence, sorting out files, handling of documents, and judicial statistics.
wait.
Most judges and judges start as clerks.
so……
Jiang Bai's eyes turned.
Sure enough, I saw the man who had served as clerk in the juror seat.
As for the juror who was replaced... if he was not wrong, his name was probably - Zhao Rui.
soon.
After the court discipline was read out, the clerk began to verify the identity of the person present.
Then the prosecutor read out the indictment.
Chen Tianci stood up, briefly described the case, and then said: "This court believes that the defendant's behavior violated the provisions of Article 274 of the Criminal Law, and constituted the crime of extortion, and the amount was particularly huge.
Prosecution shall be filed in accordance with the Criminal Procedure Law.”
“The litigation request is as follows:”
"One, the criminal defendant Han Li was ordered to commit extortion according to law and sentenced to four years in prison and a fine of 20,000 yuan."
"Second, the criminal defendant Cao Dantong was held criminally responsible for the same crime for instigating crimes and sentenced to one year in prison and two years of reprieve."
In the case of extortion, Cao Dantong and his daughter committed a joint crime. The procuratorate made a judgment on the responsibility based on the role they played in it and determined the sentence in the lawsuit.
It's quite reasonable.
After the indictment was read, Judge Chen Zhonghan looked at the defendant's seat and asked: "Defendant, what the prosecutor said just now is consistent with the copy of the indictment you have received?"
The mother and daughter nodded: "Unlike."
"What do you have any opinions on this?" Chen Zhonghan asked.
Zhou Chaoqun quickly whispered: "Miss Han, remember what I said, actively plead guilty, and strive for a reduction in sentence!"
However, Han Li said she had her own ideas.
He did not obey the lawyer's instructions at all, and stood up and began to shout for justice: "Judge, I'm wronged!"
Hearing this, Zhou Chaoqun immediately took a breath.
I began to doubt my life.
Why……
Why are the parties involved in me so disobedient?
And Han Li is still continuing:
"My brother was killed by that guy. Although the police said there was no legal causal relationship, after all, there was no one! As a family member, isn't it okay to ask the murderer for some compensation?"
"No matter how you say it's all a life!"
"Everyone says that killing someone will pay for his life. I didn't ask him to pay for his life. I just wanted some compensation. Is there any problem with this?"
“…”
Han Li completely threw Zhou Chaoqun's orders behind her.
She didn't know nothing.
But after searching for a while in Longcheng, I couldn't find a lawyer, and finally I could only apply for legal aid, and my mentality had long collapsed.
The expensive ones are not necessarily good, but the cheap ones are basically not good.
What's more, legal aid lawyers are not as simple as cheap, but completely free.
How can Han Li trust her?
This skeptical mentality was infinitely magnified after seeing Zhou Chaoqun so young.
So she decided to change her fate by relying on herself!
According to Zhou Chaoqun's instructions, what we have to do in court today is to actively plead guilty and accept punishment and strive for a reduction in sentence.
But no matter how much sentence is reduced, it means going to jail.
Han Li couldn't accept her best years in prison.
Of course, we must make every effort to defend ourselves.
After Han Li finished speaking, Chen Zhonghan frowned slightly and looked at Cao Dantong: "Defendant No. 2, what do you want to say?"
"My Lord Judge, I'm wronged too!"
Cao Dantong shouted loudly.
"People say that raising children to prevent old age. I worked hard to raise my children and I was about to live a good life, but at this time, my son was killed."
"What a tragedy this is this for a white-haired man to send a black-haired man!"
"Shouldn't the person who killed my son be compensated?"
"As family members, can't we ask him for some money?"
He is worthy of being a mother and daughter.
Cao Dantong did not obey the lawyer's instructions and refused to plead guilty as soon as she spoke.
Changsheng was stunned.
This was his first official visit to court.
Changsheng attached great importance to it. After receiving the case, he checked relevant legal provisions and judicial interpretations overnight, formulated defense ideas, and optimized litigation strategies.
I have recorded several pages of notes.
It is more important than taking the judicial examination that year.
result……
As soon as the trial started, I was hit critically!
The two young legal aid lawyers looked at each other and saw the despair in each other's eyes.
Really desperate.
When encountering such disobedient parties, not to mention that they are just novice lawyers, even a master like Zhang Wei will find it difficult to reverse the situation.
Forget it, do whatever you want.
Changsheng sighed.
All the parties involved gave up treatment, and he had no choice.
After both defendants made statements.
Chen Zhonghan rang the gavel and spoke in a deep voice: "In view of the defendant's disapproval of the prosecutor's prosecution and refused to plead guilty, now he has entered the stage of cross-examination and court debate."
"Does the prosecutor have any evidence to show?"
"have!"
Chen Tianci immediately stood up and began to provide evidence:
"This is a recording provided by the victim. It has been judicially approved, the source is legal, and it is true and credible."
"His Excellency Judge, the prosecutor requested the recording of evidence to be played in court."
Chen Zhonghan nodded: "Allow."
Soon, the recording was played.
"This ten million is already a huge discount."
“…”
"Jiang Bai, I'm telling you clearly! If you don't pay any money, I'll go to court to sue..."
"It should not be difficult for you to choose whether to go to jail or spend money to eliminate disasters, right?"
“…”
"Anyway, if you don't want me to sue, then you'll pay the money!"
“…”
After the recording was played, Chen Tianci said loudly: "This recording is the most powerful evidence, which can prove that Han Li blackmailed the victim Jiang Bai."
"The objective requirement for the crime of extortion is that the perpetrator uses threats and intimidation, causing the victim to give up his possession of property and thus obtain the legal property of others by himself."
"The threat mainly means that the perpetrator makes the victim understand that if the property is not disposal to him as required, he will retaliate against him and cause him to suffer physical or other losses."
"It is obvious that in this incident, what the defendant No. 1 said, "prosecute without paying money" is a threatening act."
Chen Tianci glanced at the defendant's seat opposite and continued to tell.
"The crime of extortion is a crime of conduct, not a crime of consequence. In this incident, although the victim did not dispose of property in accordance with the defendant's request under the influence of fear, this does not affect the judgment of the defendant's crime of extortion.
.”
"In other words, it does not affect the conviction, but only affects the sentencing."
"The defendant was found guilty of extortion!"
This recording is the strongest and most direct evidence.
Moreover, after judicial appraisal, it is enough to be accepted by the collegial panel.
Chen Zhonghan nodded slowly and looked at the defendant's seat: "Defendant, do you have any objections to this evidence?"
He mainly looks at the defense lawyer.
After all, in this link, it mainly depends on the performance of the defense attorney.
Although the defendants can defend themselves, they are not professional after all, they are not professional, they are not clear about the legal provisions, and they cannot make targeted refutation of the prosecutor's evidence.
But the defense lawyer lowered his head throughout the whole process and had no intention of speaking at all.
Chen Zhonghan frowned slightly and asked again: "Defendant, do you have any objections to the evidence presented by the prosecutor?"
Zhou Chaoqun was still unmoved.
He didn't know how to argue.
This eucalyptus is not an exaggeration to describe it as "iron evidence is like a mountain".
Therefore, the litigation strategy formulated by Zhou Chaoqun is to voluntarily plead guilty, and then strive for a reduction in sentence for the parties in terms of attempted extortion, the circumstances are significantly minor, the social harm is not serious, and no substantial losses to the victim.
But Han Li refused to plead guilty as soon as she came to court.
It completely disrupted Zhou Chaoqun's rhythm and also turned the trial from "defense of commutation of sentence" to "defense of innocence".
The general direction has changed.
All the things Zhou Chaoqun prepared in advance were useless.
Now the prosecutor has presented it, but how can he argue for the report after judicial appraisal?
Defend it with the head?
Zhou Chaoqun simply pretended to be stupid.
Since all the parties involved have let themselves go, Zhou Chaoqun said that he can be a mascot in this trial.
Watch the party perform with a smile.
really.
Han Li started.
"I have objections! Of course I have objections!"
Han Li stood up "in" and said excitedly: "I'm a reasonable claim, not a blackmail at all!"
"I have calculated that my brother earned about 500,000 yuan a year before his death. He has 30 years to retire. Even if he doesn't raise his salary, his income will be 15 million. I just want the murderer to ask the murderer for a 30-year salary.
Ten million is already discounted!"
"I think my claim is completely reasonable and legal. I don't know why the prosecutor insists on saying that I'm extortion!"
Chen Zhonghan looked at Han Li and said, "Defendant No. 1, what you mean is that you recognize the authenticity and legality of the evidence, but do not recognize its correlation. Do I understand this way?"
Han Li didn't understand the authenticity, legality and correlation.
But she felt that the judge was quite arrogant.
So he nodded repeatedly: "Ah yes yes!"
Chen Zhonghan turned to the prosecutor's seat: "Prosecutor, what do you have to do with this?"
Chen Tianci stood up and said, "First of all, our procuratorate intervened in the investigation in advance about the drowning of Han Ming and concluded with the police that Jiang Bai should not be held responsible."
"This result was also informed by the defendant."
"That is to say, the defendant still claims compensation from the victim without knowing that the victim should not be held liable, and his motive itself is untenable."
"Secondly, the defendant's so-called claim amount is far beyond the reasonable range, and the calculation method is also very absurd. This is a sky-high claim!"
"And the defendant's way of claiming compensation clearly includes a threatening element."
Chen Tianci took a deep breath and concluded: "To sum up, the defendant was found guilty of extortion!"
"This...this..."
Han Li was stunned.
Then he seemed to think of something and quickly shouted: "That voice is not me!"
"Yes, that's not me, it's not me at all. It must be the one named Jiang who asked someone else to act with him."
"I never said anything like prosecuting without paying money!"
Chen Tianci smiled coldly.
He could see that the defendant was obviously in chaos.
It's not wise to be a scoundrel in court.
"I have an appraisal report from the judicial appraisal agency. After careful analysis of the sound waveform, it is enough to prove that the two sounds in the recording come from the defendant and the victim respectively."
Chen Tianci raised an appraisal report and directly smashed Han Li's quibbling on the spot.
"Ah..."
Han Li was completely stunned.
Chen Tianci raised another piece of evidence: "This is a surveillance video of the Anfa Cafe. Although the content of the conversation between the parties involved cannot be heard, the lip shapes of the two perfectly match the content in the recording."
"About this, there are also professional judicial appraisal reports."
"The sound waveform and lip shape are enough to prove that the two sounds in the recording are from the defendant and the victim respectively!"
Han Li was stunned on the spot.
She never expected that the prosecutor would have such a skill.
What sound waveform and what mouth shape?
Han Li doesn't understand at all.
But she knew that the situation seemed to be very unfavorable to her.
Chen Zhonghan asked: "Defendant, do you have any objections to the new evidence submitted by the prosecutor?"
Han Li swallowed her saliva and slowly shook her head: "No, no."
Chen Zhonghan said: "Please continue to provide evidence."
Chen Tianci continued to list evidence.
The mother and daughter signed a letter of guilty confession and confession.
Cafe waiter's confession.
The confessions of police officers Lin Guoan and Chen Xiang, who were responsible for investigating the case.
...
These evidences were cited one after another, and they pushed Cao Dantong and Han Li into the abyss step by step.