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

Chapter 82 Autonomy of Will

As long as this person is willing to be beaten, even if Shi Hao writes that I am your downfall, so you have to give me money, there is no problem.

Within the framework of autonomy of will, as long as it does not violate the law and does not conflict with public order and good customs, the basis for the claim written by Shi Hao can be inconsistent with reality.

Perhaps this logic conflicts with public perception, but there is no flaw in the law.

Of course, the law here is limited to the field of civil law.

Since the intersection of civil and criminal cases appeared in the trial, Zhai Ming began to deliberately look at the case and every part of the facts involved from two angles.

Regarding the current issue, the facts written down by Shi Hao, if placed under the premise that he had negotiated with Youen Company, would be false but valid.

Anyway, it was your company, Youen Company, that asked me to write it, and you also approved it.

In essence, Shi Hao just gave a reason that Youen wanted to hear. Then Youen would pay the money and complete the agreement, then it would be over.

But instead of giving money, Youen took what Shi Hao wrote and reported the case, moving the matter from the civil field to the criminal field.

Shi Hao's behavior seemed to be illegal.

Yes, it just looks illegal.

It would be fine if it was really written by Shi Hao himself, but it happened not to be.

So if this agreement is not the true expression of Shi Hao's intention, it cannot be used to determine that Shi Hao has fabricated the facts, let alone the purpose of Shi Hao's illegal possession?
Hearing this, Shi Hao quietly pulled Chang Jiahang.

They watched Ren Zhen show off his skills from the front and listened with great interest.

Hearing this, Shi Hao was a little confused and couldn't help but ask Chang Jiahang: "Although the content of this claim is not what I want to write, my family does not agree that the 30 yuan is indeed not true. How can I let it go?" The lawyer said there is no problem with this?"

"What, Brother Hao, do you still want to cause some problems for yourself?"

Chang Jiahang was puzzled. How could he speak for you?

"No, I'm just curious."

Shi Hao wiped his sweat.

Chang Jiahang was speechless, a hundred thousand why?
Love of learning also deserves occasion, right?
But he still explained it to Shi Hao: "Although this is the case, the consequences of different interpretations are different.

If you write false facts to claim 200 million, then you have illegal possession purposes.

But if Youen asked you to write false facts as a basis for them to give you money, then this is a negotiation between the two of you and does not involve criminal issues. "

is it?

Shi Hao seemed to understand, but he didn't seem to understand: "Then when I write something like this, aren't I claiming compensation based on a fact that does not exist? Is this allowed under civil law?"

sweat!
Sweat!

Chang Jiahang suddenly felt that this elder brother's brain was not as good as he imagined: "200 million is the compensation they gave you. The basis of the compensation is essentially that my niece drank their milk. This claim is just what Youen Company wants you to add. The basis for a claim.

Think about it, let’s not talk about whether this fact really exists. Do you want 200 million because your family is not satisfied with 30?No, my niece drank their milk.

So there is no problem in theory if you two discuss it this way, but if it is put into criminal law, this claim can be used as a reason to identify you as extortion.

Do you understand this? "

Shi Hao thought about it carefully and nodded vaguely.

"No wonder they had to ask me to write a bunch of messy things at that time, but they were waiting for me here." Shi Hao suddenly reacted: "I didn't ask for the 200 million, they took the initiative to pay for it!
If you can't speak, you can be a mute. "

Chang Jiahang rolled his eyes and stopped talking.

Didn't you ask me to explain it to you?
You are the boss and you are right.

By now, the situation is basically clear.

The intersection of civil and criminal matters does not only appear in the part about the right to claim.

Now, due to the emergence of new evidence, this request for compensation, which was originally used to determine the purpose of Shi Hao's illegal possession, has been directly questioned as to its probative power.

Even as a prosecutor, Zhai Ming could hardly find any place to continue his argument.

The determination that Shi Hao had the purpose of illegal possession was originally based on two aspects.

One aspect is that Shi Hao has no right to continue claiming compensation. Now it seems that there is a high probability that it will be denied.

The second aspect is the claim written by Shi Hao.

But now based on the newly submitted transcripts of the report, it can be basically concluded that although this claim was written by Shi Hao himself, it was not his original intention.

Then the purpose of illegal possession is probably difficult to establish.

After recalling the trial so far, Zhai Ming felt that the direction of this case was completely different from what he expected.

Before Youen Company contacted him, Shi Hao had no intention of extortion.

Now Shi Hao's two subjective reasons for illegal possession have been defeated by Ren Zhen respectively.

This means that if you want to determine that Shi Hao's behavior is suspected of extortion, you need to prove Shi Hao's subjective aspect again.

Of the three points of accusation made by the first-instance public prosecution court, only the point of blackmail is left to be used.

Although criminal behavior is an objective aspect, inferring the motivation of the behavior based on the behavior is also a way to reflect the subjective aspect.

"Does the prosecutor have any additional opinions regarding Shi Hao's fabricated fact that his family was dissatisfied in his claim for compensation?"

On this issue, several judges in the trial court reached an agreement without much effort, and Liu Lin quickly made a decision.

"No."

Di Ming shook his head.

Unlike other prosecutors, Zhai Ming could be said to have completely focused on the facts during this trial.

I question what should be questioned. Where there is no doubt, even if it is in favor of the defendant, Di Ming has no intention of entangled.

"Public prosecutor, regarding what you just mentioned, Shi Hao committed an act of blackmail in the sense of criminal law. Do you need a detailed explanation?"

coming.

What was discussed before, whether it is criminal intent or purpose, is subjective.

But Shi Hao's behavior was objective, so there couldn't be any more mistakes, right?
After sorting out his thoughts, Di Ming spoke:

"Regardless of whether the various facts in the claim are fictitious by Shi Hao, in the claim, Shi Hao clearly proposed a compensation of 200 million yuan to Youen Company. This was recognized by the defendant in the first instance. I want to make it clear to the defendant here, do you agree with this?"

(End of this chapter)