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

Chapter 104 The Final Defense
"The interrogation of the defendant Shi Hao in the original trial is over. Now the collegial panel will present the controversial parts of this case one by one, and the defender can express his defense opinions."

After leaving and returning, the presiding judge directly announced the next step without a word of nonsense:
"According to the relevant provisions of my country's criminal law, there are two necessary elements for the crime of extortion. The first is the objective use of threats or coercion, and the second is the subjective intention to illegally possess.

According to the accusations made by the prosecutor in the original trial, it was believed that Shi Hao still demanded huge compensation from Youen Company after the settlement agreement with Youen Company was reached and fulfilled. Combined with his previous interviews with the media, it was believed that Shihao had committed crimes against Youen Company that were of criminal law significance. The defender may express a defense opinion on this charge. "

All the eyes present were focused on Ren Zhen, and everyone knew the weight of his speech on this case.

After reviewing the case file materials in the early stage, several judges agreed that without the lawyer named Ren Zhen, Shi Hao's case would most likely not have reached this stage.

Whether it was the two-pronged application for retrial to the Public Prosecution Office of the court at the same time, or the layer-by-layer analysis of the details of the case during the trial, he demonstrated his outstanding professional ability as a lawyer.

But after all, that was only seen on paper. Now sitting in the same room, several judges were even more curious about what kind of defense opinion lawyer Ren would give in the final stage of this case.

"First of all, the prosecutor of the original trial believed that Shi Hao's behavior in accepting media interviews was a disguised attempt to put pressure on Youen Company. However, Shi Hao had already explained the reason just now and the interview did not conflict with the content of the previous settlement agreement. Therefore, such speculation is purely Create something out of nothing!
Secondly, regarding the fact that Shi Hao claimed 200 million from Youen Company, the defender believed that it was absolutely impossible to constitute an act of coercion in the sense of criminal law. "

Ren Zhen paused for a few seconds: "The so-called use of coercion or threats to obtain illegal property must be subjective and intentional on the part of the perpetrator. Correspondingly, the victim who is 'threatened or coerced' must face the 'threat or threat' When it is a threat, it must be against one's will.

However, judging from this case, Shi Hao did not intend to write the claim for 200 million yuan, and Youen Company did not show any reluctance in responding to the claim.

Even combined with the fact that relevant personnel of Youen Company took the initiative to offer compensation, Youen even wanted Shi Hao's compensation.

Therefore, Youen Company is not the target of extortion, because the act of extortion never existed from the beginning! "

The logic behind this is actually simple and simple. On the one hand, Shi Hao’s interview has nothing to do with the subsequent claim. On the other hand, if you say Shi Hao is blackmailing, then Youen himself came to your door to beg Shi Hao for blackmail. This can be blackmail. Blackmail?

Can't!
Originally it was supposed to be one taking the initiative and the other passively giving, but now it has become one taking the initiative and giving the other passively.

Completely reversed.

Isn’t it already clear what is going on?

"The defendant in the original trial fabricated facts in the claim agreement to claim compensation from Youen Company. The prosecutor in the original trial therefore determined that he had subjective intention to illegally possess, and the defender can express his defense opinion."

Ren Zhen's defense was concise and clear, without any delay or ambiguity. The three judges just looked at each other and went straight to the next question without even communicating.

"First of all, regarding the fact that Shi Hao fabricated the fact that his family was dissatisfied with the previous compensation in the claim agreement, this situation does exist, but the situation in which this claim agreement was written has been explained by Shi Hao just now, and the defender will not repeat it here.

But still the same, even if what Shi Hao wrote was a fictional fact, it was something that the relevant personnel of Youen Company actively asked him to write.

The same act of making up facts, with such a premise, will enter a completely different realm. "

After hearing what Ren Zhen said, Hu Shuge and others had already begun to rummage through the materials in their hands.

Different from the last court session, they already had a general understanding of Ren Zhen's defense ideas and knew that Ren Zhen would soon talk about the civil field.

"Based on the circumstances of June 20, 6XX, Youen Company's meeting with Shi Hao was obviously a 'civil negotiation' meeting with him, and its initiative to offer Shi Hao 29 million in compensation was an offer under civil law.

Based on the principle of autonomy of will, although the fact that Shi Hao's family was dissatisfied was false, these false facts were acknowledged and approved by Youen Company. In fact, it was Youen Company that took the initiative to ask Shi Hao to write down these facts.

No matter what the motive of Youen Company is, no matter how you look at it, Shi Hao’s fictitious facts are reasonable behaviors within the civil category, and cannot be elevated to the level of determining that he has intentional illegal possession under criminal law. "

This defense angle
Several judges nodded secretly.

Originally, they were still thinking that it was difficult to determine whether Shi Hao's act of fabricating facts was a threat.

In the end, Ren Zhen did not quibble, but Shi Hao just did it, but this was not covered by the criminal law!

When he said this, it was directly separated from the criminal scope.

It's just that something doesn't sound right about what this lawyer said. What does "regardless of the motives of Youen Company" mean?
Why does it sound like there is something in the words?

"Secondly, illegal possession in our country's criminal law means that the perpetrator's request for property from others has no legal basis at all, but in this case, Shi Hao obviously does not fall into this situation."

"There is no dispute about the existence of a tortious relationship between Youen Company and Shi Hao's daughter. Although the compensation agreement signed by Shi Hao and Youen Company clearly stipulates that Shi Hao waives the right to continue to pursue compensation, this does not mean that Shi Hao Hao can no longer claim compensation from Youen Company."

Hearing this, the judges frowned visibly.No matter who you are, when you hear such a discussion, your first reaction will probably be the same.

If you sign an agreement but don't fulfill it, what's the use of having an agreement?
But this was obviously just the first reaction of the judges based on common sense. As soon as they frowned, they thought of something almost at the same time, and their expressions relaxed again.

Ren Zhen's speech continued: "Essentially, Shi Hao reached a compensation agreement with Youen Company on behalf of his daughter. However, if there is subsequent 'unfairness', 'change of circumstances' or new facts under civil law, etc., Shi Hao's behavior of giving up recovery is a waiver of the rights of minors.

When this kind of waiver of rights will cause harm to minors, Shi Hao's behavior is likely to be invalid. "

Rights of minors!
This point is the freshest point today. In fact, Ren Zhen also mentioned it implicitly during the last court session, but he didn't say it so straightforwardly.

But as professionals, the judges knew that Ren Zhen's defense was not just a matter of words.

Let’s take the simplest example. It’s true that 30 yuan is compensated, but what if I have any sequelae later and 30 yuan is not enough for my treatment?If there is any disease in my body, it will be with me for the rest of my life. Is 30 enough?
Although in most people's understanding, we say that if we have made up for it, we have made up for it, and we must be honest in life.

However, from a legal perspective, in some special circumstances, the effectiveness of such an agreement is indeed not that strong.

“So whether from the perspective of a civil offer or from the pending validity of Shi Hao’s relinquishment of rights on behalf of his daughter, Shi Hao’s claim against Youen Company has a legal basis.

With a legal basis, Shi Hao obviously does not have the subjective intention to illegally possess other people's property in the sense of criminal law! "

After finally finishing speaking, Ren Zhen nodded to the judge and sat down.

In fact, whether it is objective threat or subjective illegal possession, there are many overlaps in interpretation.

In the final analysis, Ren Zhen has one main line: Youen is active, Shihao is passive, and the behavior between the two parties falls within the civil category.

Stick to this point, and then expand it based on the specific situation. No matter what you say, you will not go astray.

It's simple, but functional.

Seeing Hu Shuge and others gathered together, Ren Zhen knew that today's trial was basically over.

It is different from the last court hearing. Although it is the same case, last time there were still facts to be investigated, evidence to be presented, and court arguments to be made. The procedures alone were several times more complicated.

However, today's trial without a court session was conducted based on the integration of all previous trials, and the focus is quite clear.

So we just interrogated Shi Hao to clarify the facts, and then let the defense lawyer express his defense opinions to clarify his point of view.

There are two parts of the work, one part is about facts and the other part is reasoning, and the division of labor is clear.

"Shi Hao, the defendant in the original trial, has anything else to say about this case?"

Shi Hao was obviously startled when he heard Hu Shuge's question.

Even Ren Zhen did not expect that there would be a link similar to the defendant's final statement during the trial.

In fact, not many people have actually seen this procedure, and everyone does it differently, so it’s really impossible to predict all situations.

"I actually don't have anything else to say."

Shi Hao was a little crestfallen: "But I was just defending my rights as a consumer. It was obvious that they took the initiative to take money, so why did I get involved?
I thought about this issue for a long time in prison and never figured it out. I felt that the law should not punish me like this because I had done nothing wrong. "

By the end, Shi Hao's voice was barely audible.

Obviously, in this final trial event that decided his fate, a few words brought back bad memories for him.

Hearing this, Hu Shuge sighed, but still stood up:

"Please wait patiently. After deliberations, the collegial panel will announce the verdict of this case!"

(End of this chapter)