Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?
Chapter 249 Judge: My mother-in-law dared to blackmail me in front of me in the last case!
Chapter 249 Judge: My mother-in-law dared to blackmail me in front of me in the last case!
Trial court.
The time has come to 5 o'clock in the afternoon.
I usually get off work in half an hour.
But the debate in the auditorium is unlikely to end anytime soon.
The afternoon sunlight passed through the glass windows of the auditorium and scattered in the corners of the auditorium.
Like broken light.
The sunlight coming in obliquely has a certain impact.
Therefore, reporters need to adjust their positions under the influence of light.
Adjust the camera.
Find the right angle.
Photograph the scene.
Luo Kai, under the supervision of everyone, began to make a statement with the indictment in his hand.
The main accusation is against the defendant, the woman and the mother-in-law, and the dating agency is simply charged.
Anyway, no one in this wave can escape.
Although Luo Kai holds the indictment in his hand, he is already in a semi-unscripted state:
“Dear Judge, the second half of our first lawsuit request is to sentence several people from the defendant to participate in the extortion of our plaintiff!
We dare to accuse defendant No. 1 and No. 2 of extorting us and committing the crime of extortion. This is supported by corresponding evidence! "
Luo Kai's debating ideas and techniques are quite similar to writing papers.
State your point of view first!
The next step is to list the evidence and make a statement!
Use these evidences to form a chain of evidence to support your point of view.
Of course, there will definitely be some unexpected situations during this process, and Luo Kai will also make timely adjustments and debates.
Anyway, I have a lot of cards in my hand!
You can play a single card, you can play two cards together, or you can even play a combination of cards.
multiple choices.
for several groups of defendants.
Luo Kai: I have more than 9 combinations of ways to convict the defendant of a crime!
More than nine kinds!
As for how many types?not much!There are probably dozens of types!
Luo Kai's voice echoed throughout the auditorium used for trials:
"According to the law's provisions on the crime of extortion, the offender must have the purpose of illegally possessing other people's property, have subjective malice, and have no negligence.
Objectively speaking, the criminal suspect should also meet specific behavioral structures: threatening others, causing the other party to feel fear, the other party disposing of property based on fear, the actor or a third party acquiring property, and the victim suffering property losses.
There are various methods of coercion, such as the imminent imposition of b. force; exposure of privacy, illegal and criminal activities; threats of damage to reputation, etc.
The form may be written or oral, or conveyed through a third party; it may be express or implied.
When it comes to obtaining other people's property, you can either coerce the other party to hand it over on the spot or hand it over within a time limit.
In short, it is to impose mental coercion on the owners and custodians of public and private property, so that they will have fear and fear of difficulties, and have to hand over the property as a last resort! "
The description of the legal provisions is quite boring!
But this must also be read out.
In court, judges pay attention to two most important things when judging cases:
One is evidence!Complete chain of evidence!
The second is the statement of the law!
After Luo Kai said this, he took a special look at the woman and mother-in-law in the dock.
When the last case was about to end, the mother-in-law even dared to yell and threaten to blackmail her that very day!
But it happened under the gaze of the judge, so arrogant and domineering.
It is impossible for Luo Kai to let the perpetrator go.
In the process of marriage fraud case!
This mother-in-law is not an easy character to get along with!
It can be said that it plays a big role, but of course it has a bad role.
Being able to tell a story in a timely manner to almost become my uncle!Then with this kind of evidence, he directly threatens to demand money!
Otherwise, he will be threatened with jail time.
So skillful, so sophisticated!So familiar!
Such an attitude change!
This is certainly not something that a normal person can do or do.
The mother-in-law seemed to have noticed Luo Kai's gaze.
He was timid and scared, but he stared back arrogantly and provocatively.
A broad body, a greasy and plump face, and fierce little eyes half covered by fat.
One look at it makes people feel that they are extremely irresponsible towards their own eyes, and their eyes need to be washed.
Luo Kai no longer has too many difficult points to debate in this case.
So he went all out and fired: "During the course of this case, our plaintiff, the man, and his parents were threatened by defendant No. 1 and defendant No. 2, the mother-in-law... In the phone recording, he claimed:
If the money can be used to cover hundreds of thousands and the original compensation fee, then the uncle can continue to get married. If not, then the defendant will let our plaintiff go to jail and regret his life! (Attached with recording evidence)!
After the subsequent filing of the case, under the auspices of the case handlers, we wanted to conduct mediation privately. Although there is no legality for mediation between the plaintiff and the defendant in criminal cases, the entire process of mediation has been recorded. This is what we submitted. a piece of evidence (video recording during the mediation process).
Immediately after the trial of the previous case was about to end, the female abbot's mother disrupted the court in court, and even dared to say that her daughter must be compensated hundreds of thousands, and even said that the entire house would be given to his daughter. Otherwise, our accuser, the man, will be sent in and threatened with such words.Using such threatening language made our plaintiff’s parents feel fearful! "
Luo Kai listed the threats and extortion received by the defendant in the three stages of the case.
When Luo Kai took out the third piece of evidence, two of the judges stared at each other intently.
Because the threat from the female abbot and mother-in-law did happen right under their noses.
The presiding judge had already imposed a penalty of 5000 yuan on the mother-in-law in the previous case.
But it doesn’t seem like the punishment is enough!
This girl actually committed extortion?
And there is a high possibility that he is the main culprit!
This piece of evidence can be said to be solid.
As for evidence of recordings and stuff...
what?
Didn't you ask that in the previous case, Lawyer Luo directly requested that the evidence be recognized as recordings and the like, and read out the legal provisions in court: Once the data evidence such as recordings is edited, it can be treated as illegal evidence. Excluded?
Can't it be used?
Yes!
It really cannot be used “directly” or “alone”!
But it can be combined with other evidence to prove the situation!
It's like playing a 5v5 game, although you use this hero to play ranked when you haven't purchased a hero!
But you can accumulate the hero fragments of this hero and buy them together with the coupons!
Although this piece of evidence cannot be used!
But he can be used as pieces of evidence to assist with other complete evidence to prove the facts of the case!
Luo Kai's voice continued to resound loudly throughout the trial auditorium:
"Our plaintiff's parents were driven by fear and worried about their children's future, so they were forced to spend hundreds of thousands of dollars in order to settle the matter!"
“In this case, Defendant No. 1 and Defendant No. 2 are normal people with full capacity for civil conduct, which fully meets the requirements for the crime of extortion for objective capacity of perpetrators. Defendant No. 1 and Defendant No. 2 also meet the status of criminals. Request! The ability to commit blackmail is fully available!"
"Objectively speaking, our client, the plaintiff and his parents, developed fear when they heard the threat that their son was about to go to jail, and based on fear, they disposed of the property (the amount reached 65, and subsequently The unpaid amount involved in the case also includes the value of a house).
At the same time, as the perpetrators of the crime of extortion, defendants No. 1 and 2, as well as the dating agency and defendant No. 4 obtained property (bank account statements have been proven).
Our plaintiff suffered property losses as a victim, and there is a causal connection between our plaintiff's property losses and the defendant and his party's acquisition of property and stolen money.
Therefore, at the objective level, Defendant No. 1 and No. 2 are the principal perpetrators of the crime of extortion and are placed in a dating agency. Defendant No. 4, lawyer xx, uses his legal knowledge to help the perpetrators, and plays the role of an accessory in this process! "
“On the subjective side, there is criminal malice among the defendants No. 1 and 2, the couple, and the dating agency, defendant No. 3, and there is an agreement to extort money. The subjective malice is obvious!
To sum up, defendants No. 1 and 2 are both principal offenders in the crime of extortion, and defendant No. 3’s dating agency and lawyer xx, defendant No. 4, are accomplices in the crime of extortion! "
After Luo Kai analyzed the facts of the case and the litigation claims clearly in one breath.
It's not over.
Instead, follow the next most necessary process... to present evidence in court: "The following are several pieces of evidence from our transaction to prove our above statements and litigation claims in turn!
The first piece of evidence is a phone recording submitted by defendant No. 1 during the investigation stage when he claimed that he had been raped!
The second piece of evidence is the audio and video recording of the case investigators mediating between the original and the defendant before the trial.
The third piece of evidence is the video clip of the trial that I requested to preserve the evidence after the previous case ended. Now I have asked the clerk to play it for us in court..."
After Luo Kai finished speaking, the clerk directly projected the required evidence on the huge screen based on what Luo Kai just said.
Let everyone hear and see.
First of all, the first piece of evidence. One question is the recording of the mother-in-law’s cliché:
"...I told you that if you can get some money out, then you can tell me that our uncle! If you can't get it out, then you will be the defendant! You will have to go to jail and your whole life will be ruined? Are you afraid...
...My mother-in-law, you don’t want your son to go to jail, right?You don’t want your son to be called a rapist for the rest of his life, do you?You don’t want two newlyweds who are about to get married to suddenly make a fuss like a boiled duck..."
(End of this chapter)
Trial court.
The time has come to 5 o'clock in the afternoon.
I usually get off work in half an hour.
But the debate in the auditorium is unlikely to end anytime soon.
The afternoon sunlight passed through the glass windows of the auditorium and scattered in the corners of the auditorium.
Like broken light.
The sunlight coming in obliquely has a certain impact.
Therefore, reporters need to adjust their positions under the influence of light.
Adjust the camera.
Find the right angle.
Photograph the scene.
Luo Kai, under the supervision of everyone, began to make a statement with the indictment in his hand.
The main accusation is against the defendant, the woman and the mother-in-law, and the dating agency is simply charged.
Anyway, no one in this wave can escape.
Although Luo Kai holds the indictment in his hand, he is already in a semi-unscripted state:
“Dear Judge, the second half of our first lawsuit request is to sentence several people from the defendant to participate in the extortion of our plaintiff!
We dare to accuse defendant No. 1 and No. 2 of extorting us and committing the crime of extortion. This is supported by corresponding evidence! "
Luo Kai's debating ideas and techniques are quite similar to writing papers.
State your point of view first!
The next step is to list the evidence and make a statement!
Use these evidences to form a chain of evidence to support your point of view.
Of course, there will definitely be some unexpected situations during this process, and Luo Kai will also make timely adjustments and debates.
Anyway, I have a lot of cards in my hand!
You can play a single card, you can play two cards together, or you can even play a combination of cards.
multiple choices.
for several groups of defendants.
Luo Kai: I have more than 9 combinations of ways to convict the defendant of a crime!
More than nine kinds!
As for how many types?not much!There are probably dozens of types!
Luo Kai's voice echoed throughout the auditorium used for trials:
"According to the law's provisions on the crime of extortion, the offender must have the purpose of illegally possessing other people's property, have subjective malice, and have no negligence.
Objectively speaking, the criminal suspect should also meet specific behavioral structures: threatening others, causing the other party to feel fear, the other party disposing of property based on fear, the actor or a third party acquiring property, and the victim suffering property losses.
There are various methods of coercion, such as the imminent imposition of b. force; exposure of privacy, illegal and criminal activities; threats of damage to reputation, etc.
The form may be written or oral, or conveyed through a third party; it may be express or implied.
When it comes to obtaining other people's property, you can either coerce the other party to hand it over on the spot or hand it over within a time limit.
In short, it is to impose mental coercion on the owners and custodians of public and private property, so that they will have fear and fear of difficulties, and have to hand over the property as a last resort! "
The description of the legal provisions is quite boring!
But this must also be read out.
In court, judges pay attention to two most important things when judging cases:
One is evidence!Complete chain of evidence!
The second is the statement of the law!
After Luo Kai said this, he took a special look at the woman and mother-in-law in the dock.
When the last case was about to end, the mother-in-law even dared to yell and threaten to blackmail her that very day!
But it happened under the gaze of the judge, so arrogant and domineering.
It is impossible for Luo Kai to let the perpetrator go.
In the process of marriage fraud case!
This mother-in-law is not an easy character to get along with!
It can be said that it plays a big role, but of course it has a bad role.
Being able to tell a story in a timely manner to almost become my uncle!Then with this kind of evidence, he directly threatens to demand money!
Otherwise, he will be threatened with jail time.
So skillful, so sophisticated!So familiar!
Such an attitude change!
This is certainly not something that a normal person can do or do.
The mother-in-law seemed to have noticed Luo Kai's gaze.
He was timid and scared, but he stared back arrogantly and provocatively.
A broad body, a greasy and plump face, and fierce little eyes half covered by fat.
One look at it makes people feel that they are extremely irresponsible towards their own eyes, and their eyes need to be washed.
Luo Kai no longer has too many difficult points to debate in this case.
So he went all out and fired: "During the course of this case, our plaintiff, the man, and his parents were threatened by defendant No. 1 and defendant No. 2, the mother-in-law... In the phone recording, he claimed:
If the money can be used to cover hundreds of thousands and the original compensation fee, then the uncle can continue to get married. If not, then the defendant will let our plaintiff go to jail and regret his life! (Attached with recording evidence)!
After the subsequent filing of the case, under the auspices of the case handlers, we wanted to conduct mediation privately. Although there is no legality for mediation between the plaintiff and the defendant in criminal cases, the entire process of mediation has been recorded. This is what we submitted. a piece of evidence (video recording during the mediation process).
Immediately after the trial of the previous case was about to end, the female abbot's mother disrupted the court in court, and even dared to say that her daughter must be compensated hundreds of thousands, and even said that the entire house would be given to his daughter. Otherwise, our accuser, the man, will be sent in and threatened with such words.Using such threatening language made our plaintiff’s parents feel fearful! "
Luo Kai listed the threats and extortion received by the defendant in the three stages of the case.
When Luo Kai took out the third piece of evidence, two of the judges stared at each other intently.
Because the threat from the female abbot and mother-in-law did happen right under their noses.
The presiding judge had already imposed a penalty of 5000 yuan on the mother-in-law in the previous case.
But it doesn’t seem like the punishment is enough!
This girl actually committed extortion?
And there is a high possibility that he is the main culprit!
This piece of evidence can be said to be solid.
As for evidence of recordings and stuff...
what?
Didn't you ask that in the previous case, Lawyer Luo directly requested that the evidence be recognized as recordings and the like, and read out the legal provisions in court: Once the data evidence such as recordings is edited, it can be treated as illegal evidence. Excluded?
Can't it be used?
Yes!
It really cannot be used “directly” or “alone”!
But it can be combined with other evidence to prove the situation!
It's like playing a 5v5 game, although you use this hero to play ranked when you haven't purchased a hero!
But you can accumulate the hero fragments of this hero and buy them together with the coupons!
Although this piece of evidence cannot be used!
But he can be used as pieces of evidence to assist with other complete evidence to prove the facts of the case!
Luo Kai's voice continued to resound loudly throughout the trial auditorium:
"Our plaintiff's parents were driven by fear and worried about their children's future, so they were forced to spend hundreds of thousands of dollars in order to settle the matter!"
“In this case, Defendant No. 1 and Defendant No. 2 are normal people with full capacity for civil conduct, which fully meets the requirements for the crime of extortion for objective capacity of perpetrators. Defendant No. 1 and Defendant No. 2 also meet the status of criminals. Request! The ability to commit blackmail is fully available!"
"Objectively speaking, our client, the plaintiff and his parents, developed fear when they heard the threat that their son was about to go to jail, and based on fear, they disposed of the property (the amount reached 65, and subsequently The unpaid amount involved in the case also includes the value of a house).
At the same time, as the perpetrators of the crime of extortion, defendants No. 1 and 2, as well as the dating agency and defendant No. 4 obtained property (bank account statements have been proven).
Our plaintiff suffered property losses as a victim, and there is a causal connection between our plaintiff's property losses and the defendant and his party's acquisition of property and stolen money.
Therefore, at the objective level, Defendant No. 1 and No. 2 are the principal perpetrators of the crime of extortion and are placed in a dating agency. Defendant No. 4, lawyer xx, uses his legal knowledge to help the perpetrators, and plays the role of an accessory in this process! "
“On the subjective side, there is criminal malice among the defendants No. 1 and 2, the couple, and the dating agency, defendant No. 3, and there is an agreement to extort money. The subjective malice is obvious!
To sum up, defendants No. 1 and 2 are both principal offenders in the crime of extortion, and defendant No. 3’s dating agency and lawyer xx, defendant No. 4, are accomplices in the crime of extortion! "
After Luo Kai analyzed the facts of the case and the litigation claims clearly in one breath.
It's not over.
Instead, follow the next most necessary process... to present evidence in court: "The following are several pieces of evidence from our transaction to prove our above statements and litigation claims in turn!
The first piece of evidence is a phone recording submitted by defendant No. 1 during the investigation stage when he claimed that he had been raped!
The second piece of evidence is the audio and video recording of the case investigators mediating between the original and the defendant before the trial.
The third piece of evidence is the video clip of the trial that I requested to preserve the evidence after the previous case ended. Now I have asked the clerk to play it for us in court..."
After Luo Kai finished speaking, the clerk directly projected the required evidence on the huge screen based on what Luo Kai just said.
Let everyone hear and see.
First of all, the first piece of evidence. One question is the recording of the mother-in-law’s cliché:
"...I told you that if you can get some money out, then you can tell me that our uncle! If you can't get it out, then you will be the defendant! You will have to go to jail and your whole life will be ruined? Are you afraid...
...My mother-in-law, you don’t want your son to go to jail, right?You don’t want your son to be called a rapist for the rest of his life, do you?You don’t want two newlyweds who are about to get married to suddenly make a fuss like a boiled duck..."
(End of this chapter)
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