Binjiang District People's Court, Criminal Tribunal.
Jiang Bai came early and sat on the plaintiff's seat with his eyes downcast and his expression downcast.
Before going out this morning, he spent 3 true values in the system mall, purchased a mild depression experience card, and used it on the spot.
Mild depression is enough to cope with court proceedings.
As for moderate…
Jiang Bai really didn't want to experience that feeling of being abandoned by the whole world again.
At about 9:50, the defendant, defense lawyer, and prosecutor entered the courtroom one after another.
The prosecutor is still an old acquaintance, prosecutor Shen Tianci.
The defense lawyer is Zhang Wei.
These two are also old rivals, especially in several cases involving Jiang Bai. The two have had several confrontations.
Zhang Wei was wearing a suit and leather shoes and nodded to Jiang Bai and Shen Tianci.
Jiang Bai's eyes were dull and he did not respond.
On the other hand, Shen Tianci smiled slightly at Zhang Wei.
"Huh-huh-"
Beside him, heavy breathing could be heard.
Wang Defa's face was covered in cold sweat. His mouth felt dry, his heartbeat accelerated, and his breathing became rapid.
I had only seen court hearings on TV before.
Looking at the defendants crying and regretting each and every one of them, they might even laugh.
Now it's my turn to appear in court and face trial.
This feeling is simply too painful.
"Mr. Wang, remember what I told you. No matter what happens when the court is held later, don't make any arbitrary decisions or act recklessly!"
Zhang Wei warned Wang Defa: "Just do what I say and don't talk nonsense!"
"Okay, okay, I will listen to you."
Wang Defa nodded.
Ten o'clock sharp!
The judge, jurors, etc. also entered the courtroom.
"winter!"
When the time came, Chen Zhonghan banged the gavel.
"Today, in accordance with the provisions of Article 274 of the Criminal Law, the Criminal Tribunal of the Binjiang District People's Court of Longcheng City, Jiangsu and Zhejiang Province publicly tried the defendant Wang Defa for extortion in accordance with the law."
The judge's voice, rich and majestic, echoed in the huge courtroom.
Everyone suddenly became quiet and looked solemn.
Then, the clerk reads out the court discipline.
Confirm the identity of the defendant, defense lawyer, prosecutor, victim, etc.
After fixing the process, Chen Zhonghan looked at the plaintiff's seat: "Please ask the prosecutor to read out the indictment."
Shen Tianci stood up, held the indictment in both hands and began to read:
"The defendant and the victim were neighbors upstairs and downstairs, and the grudge between the two parties originated from the parking space..."
"..."
"The defendant failed to ask for a parking space, so he launched malicious revenge on the victim and deliberately made noise late at night, reaching a level of over 70 decibels..."
"The victim had a history of depression. Under such circumstances, the symptoms recurred and he was unbearable. In desperation, he approached the defendant on July X to seek settlement."
"The defendant took the opportunity to force the victim to sign a parking space transfer contract. The parking space originally worth 600,000 yuan was finally sold at a price of 350,000 yuan, which is far lower than the market price..."
"The investigation was completed by the Changhe Street Police Station and transferred to this court for review and prosecution."
"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 extremely huge. We are now filing a public prosecution in accordance with the provisions of the Criminal Procedure Law."
"The litigation claims are as follows:"
"1. According to the law, the criminal defendant Wang Defa was sentenced to ten years in prison for extortion."
"Second, order the incidental civil defendant to return the illegal gains and return the parking space to the victim in accordance with the law."
The procuratorate's basis for making such a claim is mainly the amount of money extorted by the defendant.
That is the economic value of the parking space.
The parking space was worth more than 600,000 yuan, which definitely met the "extremely huge amount" standard for the crime of extortion.
Therefore, this lawsuit claim is in line with the actual situation and is not exaggerated in the slightest.
Chen Zhonghan nodded and looked at Jiang Bai: "Please give the victim a statement."
Jiang Bai stood up, took a deep breath, and spoke slowly in a low voice: "Before, my parking space was unused, and it was always occupied by the victim's family."
"Not long ago, I bought a new car...the victim forced me to buy my parking space."
"After being rejected by me, he took malicious revenge on me and deliberately made noise..."
"..."
"I suffered from continuous insomnia and relapsed into depression. My parking space was forcibly purchased at a price far lower than the market price..."
"The victim's behavior seriously violated his physical and mental health and personal property interests. I request the judge and all jurors to give the victim a harsher sentence and return the proceeds from the infringement."
"Thanks."
After speaking, Jiang Bai bowed deeply towards the judge, and then slowly sat down.
Looking at his appearance, Chen Zhonghan sighed secretly.
He knew that Jiang Bai suffered from depression, but the last time he saw him, he was obviously recovering well.
Unexpectedly, I encountered a bad neighbor and my depression relapsed.
This young man is also a hard-working man.
Seeing this, Zhang Wei narrowed his eyes slightly.
The situation is a little bad.
As soon as the trial started, Jiang Bai took the lead in the field of impression points and gained an advantage.
Although court decisions are based on the law and facts, judges and jurors are all humans, not machines.
As long as you are human, you will have seven emotions and six desires.
Now, they all have sympathy for the victim, and naturally they will also feel disgust towards the defendant.
This will affect the final judgment to some extent.
After a long illness, he becomes a good doctor. He has gone to court many times, and Jiang Bai has accumulated some experience.
Next, there is the defendant's statement.
Wang Defa was very obedient, strictly followed Zhang Wei's instructions, took the initiative to plead guilty, sincerely apologized, and expressed his willingness to return the parking space and give the victim a certain amount of financial compensation.
In short, there is nothing to say about attitude.
It was rare to meet an obedient client, and Zhang Wei was very relieved.
In this way, even if the impression points cannot be brought back, at least, more points will not be lost.
Next comes the most critical stages of evidence and cross-examination and court debate.
"Defense lawyer, do you have any objection to the evidence provided by the prosecution?" Chen Zhonghan asked.
Zhang Wei stood up and spoke calmly: "We have no objection to the legality, authenticity and relevance of the evidence, but we have objections to the prosecution's claim."
"According to the current market conditions, the victim's parking space is worth about 600,000 yuan, but our client paid the victim 350,000 yuan!"
"In other words, the amount of money our client obtained from extortion is only about 250,000."
"And this amount does not meet the standard of 'extremely huge amount' and can only be regarded as 'huge amount'!"
In accordance with the provisions of Article 274 of the Criminal Law.
Anyone who extorts a relatively large amount or extorts repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined;
If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.
The criteria for determining these three amounts are: two thousand yuan to more than five thousand yuan, thirty thousand yuan to more than one hundred thousand yuan, and three hundred thousand yuan to more than five hundred thousand yuan.
If we look at the market price of the parking space at RMB 600,000, it does meet the standard of "a particularly huge amount".
But if the price difference after deducting the actual amount paid by Wang Defa is 250,000, then it falls within the category of "huge amount".
There is a huge difference in the sentencing between these two situations. One is more than ten years, and the other is three to ten years!
Zhang Wei glanced at it and continued: "According to the provisions of Article 274 of the Criminal Law, if the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."
"In addition, our client has confessed and repented, and is willing to return the stolen goods and compensation, and has not caused serious consequences, so the crime should be deemed to be minor."
"According to the notice of the Supreme Court's "Sentencing Guidance Opinions on Common Crimes", 40% of the base sentence should be reduced."
"Therefore, I request the collegial panel to give our client a lighter sentence and sentence him to one year and nine months in prison!"
Mist grass!
Wang Defa came to his senses instantly, and his eyes seemed to be shining.
He is worthy of being lawyer Zhang Wei.
The prosecutor's request was for ten years, but he cut his ankle directly and it became more than a year.
Please be right!
Please really ask the right person!
After listening to Zhang Wei's words, several jurors nodded slowly.
The circumstances of this crime are indeed not bad, and the perpetrator has a good attitude towards pleading guilty, showing remorse, and is willing to actively compensate and compensate the victim for his losses.
It is indeed possible to consider reducing the penalty.
What's more, this is indeed a notice issued by the Supreme Court.
Even those who are not in the judicial field must understand what the three words "Supreme Court" represent.
But right now.
"be opposed to!"
Shen Tianci stood up and said in a loud voice: "Article 4 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion" stipulates that extortion of public and private property reaches an 'extremely huge amount' per cent.
If the crime is over 80 and causes other serious consequences, it can be deemed as 'other particularly serious circumstances' stipulated in Article 274 of the Criminal Law!"
"In this incident, due to the defendant's fault, the victim's depression recurred, and the symptoms were severe, which is consistent with 'other serious consequences'."
"According to the defense lawyer's theory, the defendant's actual extortion amount was 250,000, which was 80% of the extremely huge amount."
"Those who commit the crime of extortion and have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined."
Although Zhang Wei reduced the amount of Wang Defa's extortion from "a particularly huge amount" to a "huge amount".
However, Shen Tianci judged from another angle that Wang Defa's behavior was consistent with "other particularly serious circumstances"!
Sentence to fixed-term imprisonment of more than ten years!
Moreover, the theoretical basis is also the notification document of the Supreme Court.
Supreme Court versus Supreme Court!
This wave is not false.
Wang Defa's mood was like riding a roller coaster, going up and down, high and low.
That means he has a good heart.
Otherwise, Gao Di would have to go into shock on the spot.
Naturally, Zhang Wei could not admit defeat so easily. He continued to defend Wang Defa in terms of never having any subjective malice, not causing serious losses, having a good attitude towards admitting guilt and accepting punishment, and being willing to compensate for the losses.
The offensive was fierce.
As for Shen Tianci, the most powerful weapon is Jiang Bai's depression.
You've made people depressed, and yet you said there were no serious consequences?
The parking space can be returned, but how do you recover from depression, a physical and psychological illness and torture?
Moreover, the methods adopted by the other party are somewhat vicious and despicable.
This is also a very disadvantageous point for Wang Defa.
Both sides went back and forth, and the debate was extremely heated.
This debate lasted for more than an hour and still has not ended.
At twelve o'clock at noon, Chen Zhonghan banged the gavel and adjourned the court temporarily.
The court will reopen at one o'clock.
"Lawyer Zhang, how is the situation now?" Wang Defa asked Zhang Wei impatiently.
During the debate, Zhang Wei and Shen Tianci not only spoke loud and fast, but also used many professional terms and terms.
It's that kind of thing where you know each word individually and know its meaning, but when you put them together, let alone you don't understand the meaning, it's probably a question of whether you can pronounce them smoothly.
Wang Defa really doesn't know much about the current situation.
Zhang Wei said: "Don't worry too much, the situation is pretty good."
This is the truth, not to comfort Wang Defa.
Zhang Wei attaches great importance to this eucalyptus.
Very well prepared, with eight main defense ideas and several auxiliary ideas.
And targeted protection has been implemented to target points that the prosecutor may focus on.
In addition, Zhang Wei himself has excellent professional quality and strong strength.
Therefore, he had a certain upper hand in this court debate and refuted many of Shen Tianci's claims.
It is really not easy to achieve this step in a public prosecution case.
Public prosecution cases are all thoroughly investigated by the public security organs, and the procuratorate files a public prosecution. It can basically be said that the facts are clear and the evidence is sufficient.
In this kind of case, the defendant's defense lawyer is equivalent to "fighting" the public prosecutor and the law, and is inherently at a disadvantage.
It's difficult.
Anyone else would never be able to do this.
Luck aside, there is no doubt about Zhang Wei's strength.
After listening to Zhang Wei's words, Wang Defa felt a little at ease.
Not bad, not bad.
If it's only for a year or two, it's not unacceptable.
If you perform better by then, maybe it will come out in a few months.
At that time, the family will still be this family, the people will still be these people, nothing will change...
the other side.
Jiang Bai also noticed that Zhang Wei had the upper hand in the court debate.
This trial was his show time, and his performance could simply be described as perfect.
Jiang Bai even thought that if he was not "depressed", Zhang Wei would definitely have a chance to get Wang Defa innocent and released in court!
In a public prosecution case, if you successfully defend the defendant's innocence, you will definitely become famous all over the world!
After experiencing several times of torture from pig teammates, Zhang Wei finally had a day of pride and pride.