She is a bit hard to chase as a partner

The official court date arrived as scheduled.

When Tang and Zhuo arrived at the big court that can accommodate more than 200 people, several waves of reporters had already arrived there in advance.The court has a filming permit, and the media who enter the venue with a press card can film within the scope of compliance, and individuals who enter the venue with a witness card can also observe the case.Xing Yunduo saw that the little boy who was discussing with her a few days ago whether Superman could kill the big villain was also there, holding a piece of A4 paper that said "Come on, lawyer aunt", and seemed to be able to cheer her up at any time.

"Co-author, this brat called your classmate sister, and then called you auntie?" Tang Qian also noticed the A4 paper in the child's hand, and asked Xing Yunduo dumbfounded.

Xing Yunduo replied a little angrily: "Tao Tao is still one year older than me! I belong to Da Yue and she belongs to Xiao Yue! Let me wait and see about this poor child, I won't let his other half go after court. His face is as red as his birthmark, I have your last name!"

Tang Qian sneered: "My surname is not bad, so don't hold it against me."

Xing Yunduo gave her a blank look: "Do you hate it or not! You are acting like a baby, can you comfort me!"

"Let's start the court, little girl, you're already in court, why are you still so poor?" Tang Qian nodded her partner's head lightly, then walked to the auditorium.

Xing Yunduo smiled, she is not annoyed now.

The fact-finding, evidence checking, witness and victim speech sessions were as Xing Yunduo expected.Tao Tao simply admitted in court that she was the actual controller of the "I Know Your Sadness" V number, and also admitted that during the period when the case happened, she used this V number to blackmail Chen and other victims. human fact.

However, Tao Tao did not admit that five of the victims belonged to her blackmail targets. "The defender does not agree that Li and other five parties are the victims of this case. The defendant has not carried out any behavior of extortion for the above five people. The behavior of Li and other five people to pay the defendant's money should belong to the civil law' unjust enrichment. 'The scope of adjustment should not be punished by the criminal law. The amount of this part should be removed from this case." After the speeches of the five victims, Tao Tao and Xing Yunduo both expressed the same point of view.

At the same time, Xing Yunduo also pointed out the recording of Tao Tao and her colleagues, emphasizing that Tao Tao did not commit any crimes during this period.

The flash lights turned on at this time, obviously, this is a news material.

Because of this opinion, in the ensuing debate session, the debate between the prosecution and the defense was much more intense than the case where the defendant pleaded guilty.

The prosecutor was Xing Yunduo's "acquaintance". During her career, she would almost always meet this prosecutor in cases involving property crimes in the southern suburbs.The prosecutor in his early thirties has a baby face, but his eyes are stern.Xing Yunduo already knew that this was a prosecutor who favored heavy punishment in several court trials he had dealt with.

Sure enough, as soon as the defense opinion came out, it was refuted by the other party.

"The defender ignores the opinions of the victims Li, Jin, Wang, Song, and Ding, and the prosecutor cannot agree." The baby-faced prosecutor's eyes are stern, which is hatred for crimes, "the public prosecutor We will demonstrate why we disagree from three aspects.”

"First, regarding the nature of the criminal act. The defender believed that after the victim chatted with his colleagues, there was no criminal act within two months, and the public prosecutor rejected it. The defender simply concluded that the criminal act must be The act of intimidation and threat is one-sided and narrow. The criminal behavior of the defendant is a continuous staged behavior, not a simple verbal threat."

"Basically speaking, the defendant's behavior pattern of extortion is to use inflammatory and one-sided descriptions to exaggerate the victim's bullying behavior, and spread it widely through the influence of his Weibo. For the same victim, the defendant People generally use two to three microblogs to complete a complete extortion act. The first article, the defendant first used 'violent', 'murderer', 'should be exposed', 'let everyone see what this person is. ', 'Are you an orphan without your own family' to describe the fact of bullying with inflammatory and subjective words. The second article, if such Weibo is reposted by other big V, the defendant will repost it again Weibo, and at this time took the initiative to contact the victim to carry out blackmail. If there was no repost by the big V, the defendant would repost his first Weibo by himself, with an angry and disgusting expression. The third Article or the third step, if the victim has already paid the money, the defendant will delete the post or forward the "both sides have reconciled", if the victim does not pay the money, the defendant will use a highly directional description, Let the majority of netizens human flesh the victim, so that the victim is in the fear of being disturbed or even unable to live a normal life."

"The above-mentioned behaviors occurred step by step, interlocking. Without any link, the result that the defendant hoped for would not happen. Therefore, the defender divided the steps of the behavior and one-sidedly believed that the defendant's criminal behavior was only caused by the first step. The two-step composition is one-sided and fragmented.”

"In fact, the content of the defendant's microblog targeting Li and the other five victims is exactly the same as the statement in the first link of the above-mentioned behavior. The defendant also used the terms 'perpetrator', 'murderer', 'should be exposed', Words such as 'Let everyone see what this person is' and 'Are you an orphan without a family' are exaggerated descriptions of the wrongful behavior of the five victims including Li. From this moment on, the defendant's crime Behavior has occurred."

"Second, about the defendant's criminal intent, that is, the continuity of the criminal intent. Li and other five victims sent money to the defendant through Weibo wallets, which occurred on two occasions from July to August 2015. In the fact investigation just now, the defendant admitted that he had blackmailed the victims Zhan and Du in June 7 and September 8 respectively. So we can see that the defendant’s criminal intent was in this process, It has continued without interruption.”

"For Li and other five victims, although the defendant did not take the second step of other victims, that is, after posting on Weibo, he took the initiative to contact and extort property by explicit means. However, after Li and other five victims gave the money After the money was credited into his account through the Weibo wallet, he did not return it, and after receiving the money, he voluntarily deleted the relevant Weibo accounts of the five victims. Such behavior, although not expressly stated, has already played a role in using his own identity. The role of intimidation, allowing the victim to deliver property against his own subjective will, should be considered a crime."

"To sum up, the public prosecutor believes that for the five victims including Li, the defendant has understood the meaning of his own behavior subjectively, and has also implemented related behaviors objectively. The subjective and objective are unified, and the five victims including Li The victim's loss should be included in the crime amount."

"The prosecutor has finished speaking."

The moment the prosecutor finished speaking and sat down, there was applause in the auditorium.After the court reminded the court order, the applause gradually became smaller and finally disappeared.Afterwards, the flashlight hit Xing Yunduo's place, and according to the trial procedure, it came to her to argue or refute.

Babyface's professional level is really good, and the beauty sighed inwardly when she stood up.Not to mention, she also hesitated on the issue of whether the money slapped against these five people can be counted as the amount of crime.Even from a certain angle in her heart, she felt that Babyface was right.

However, when academics have different opinions, it is the negligence of the defense lawyer to fully admit all the statements of the public prosecutor.

"With regard to the public prosecutor's arguments, the defender has only one point to remind the court, and that is the principle of legally prescribed crimes, the fundamental principle of criminal law." She said, her voice was slightly cold.

"Criminal law is the most severe part of the legal system, with deprivation of liberty and even life as the result of punishment. Therefore, when applying it, the principle of legally prescribed punishment for a crime must be strictly followed. There is no crime if there is no express provision in the law, and there is no punishment if there is no express provision in the law. The definition, type, constitutional conditions, and type and extent of criminal punishments are all prescribed by law in advance, and no criminal act shall be convicted and punished if it is not expressly stipulated as a crime in the specific provisions of the criminal law."

"The law on the crime of extortion is expressed as, 'refers to the act of illegally occupying the public and private property of the victim by means of intimidation, threat or coercion against the victim for the purpose of illegal possession'. From the expression of the law itself, extortion The criminal act can only be constituted by the way of doing, not the way of not doing. In other words, the perpetrator must have the act of "intimidating, threatening or coercing the victim" before the crime can be constituted premise."

"The public prosecutor divided the defendant's behavior into three steps, and believed that the second step can be accomplished through inaction, which expands the meaning of the law itself. Weibo is a media that is available to all people, and the defendant The act of posting content on Weibo itself is a separate act. If the content posted by the defendant contains an inappropriate description of the victim’s previous behavior, relevant laws and regulations may be passed, such as requiring Delete, make an apology, eliminate influence, and even rise to criminal punishment, such as crimes endangering social security."

"However, the mere act of publishing the victim's description of the act itself should not be treated as an offense of extortion."

"Second, about criminal intent."

"The public prosecutor believes that, as a big V, the traffic she brings is enough to make people psychologically intimidated and thus take the initiative to pay money. The defender is opposed to this point of view."

"The intention of committing a crime refers to knowing that I am going to do this criminal act, not my knowing my own identity and status. In the existing society, people with high positions will deter people, and violent crimes Even a two-hundred-pound grown man who just shows off his arms and wants to cool off without any criminal thoughts will make the timid take the initiative to pay out in extreme cases, just to protect a Peace of mind. In this case, is the flower-armed man a crime?"

"The defender hopes that the court will pay attention to the other identity of the five victims including Li, who is the perpetrator of campus bullying. Their hearts are complicated. Knowing that their behavior back then may be exposed, they will feel guilty, afraid, and perhaps I will regret it. As for their psychology, ordinary people cannot be used as a comment.”

"The Weibo content posted by the defendant will not cause deterrence and fear to ordinary people, nor will they take the initiative to send money to the defendant for peace. But because of their past behavior, Li and the five will be different from ordinary people. The reaction of criminal behavior in the criminal law should be based on the perception of ordinary people, not specific people. In this case, the contents of the defendant’s Weibo must have reached ordinary people to intimidate, threaten, and coerce, and the above-mentioned intimidation , Threats and blackmails have reached the point where they cannot be resisted."

"To sum up, the defender wants to ask the court to carefully consider whether the money of Li and other five people can be included in the criminal amount based on the two points of criminal behavior and criminal intent."

"The defender's speech is over."

In the auditorium, the flash lights went on again.When Xing Yunduo sat down, he looked at Tao Tao.For the first time since they reunited after so many years, Tao Tao showed gratitude in her eyes.

The grievances between us are really over, and you don't need to thank me.As a lawyer, I just fulfilled the professional ethics requirements of a lawyer.Like the public prosecutor, he also fulfilled his professional requirements.

But I hope we will never meet again in this life.

Once again, Xing Yunduo looked at his lover at the end of the auditorium.She saw Tang Qian giving her a thumbs up across the not-too-many crowd.

Don't praise me, sister, I am beautiful and powerful, I know it.She lowered her head, showing a sweet smile.