Becoming a lawyer starts with raising a Xiezhi

Chapter 466 The Immortal Dance

Meng Lang believed that Ms. Zhu had no intention of illegal possession, because she believed that Cao had sex with her, so he should give her money. Although this request may not be reasonable, it reflected her subjective opinion.

Ms. Zhu's request can also be regarded as a kind of spiritual compensation, and spiritual compensation is priceless, right?If there is no intention of illegal possession, extortion will definitely not constitute.

It’s like falling in love between male and female friends. After the relationship, the woman asks the man for money. If the man doesn’t give it, the woman gets angry and says you don’t give me the money, and I will sue you for rape. Generally, it cannot be identified as extortion, but should be regarded as an emotional dispute between men and women.

The logic of extortion is like this, I first catch your handle, and then use it as a means to blackmail you, but if it is the other way around, I first ask you for money for other reasons, and then use blackmail because you don’t give it , there is a difference between the two cases.

The former is pure blackmail, while the latter implies that there are internal disputes between the two. Of course, if internal disputes do not actually exist, it is still a pure blackmail.

Taking this case as an example, there was an emotional dispute between Ms. Zhu and Cao. In this case, it is not appropriate to determine that she had the intention of extortion.

When Meng Lang made such a point, the public prosecutor retorted: "The first defendant and the second defendant planned in advance to teach Cao a lesson, which fully proves that the two of them have the intention of extortion, rather than a purely emotional dispute. "

After hearing this, Meng Lang argued again: "Since it is determined that the two of them want to teach Cao a lesson, it means that Cao is at fault. Since Cao is at fault, why not ask for compensation from him? Just imagine, if the first defendant did not follow Cao One person said, "I'm going to sue you for rape, but she said she was going to jump into the river to commit suicide because she was so ashamed. Is this considered a threat? At this time, Cao Mou gave the second defendant a prison sentence because he was worried that the first defendant would actually commit suicide." If the first defendant pays money, does the first defendant have completed the extortion? The extortion must have the purpose of illegal possession, and the purpose of illegal possession should be determined subjectively. It depends on whether the party has the subjective intention to extort others. In the view of the first defendant, Cao Mou harassed her for so long and had sex with her, so Cao Mou should give her money. If a man wants to have sex, he still doesn't want to spend money. How can such a good thing happen? I am a man, It is also for women to complain. If the first defendant constitutes the crime of extortion, then she will not only lose her life and money, but also be imprisoned. Is this fair? Obviously not fair, if a case is seen by the public If it is not fair, then its judgment must be wrong, I hope the court and the public prosecutor can try this case fairly and restore the freedom of the first defendant and the second defendant.”

When Meng Lang said this, both Ms. Zhu and Ms. Zhao were moved, and the judge's eyes also lit up. In their opinion, this case was indeed a bit strange, but if they wanted to completely reject the charges brought by the public prosecution, Ms. Zhu and Ms. Zhao would have to be sentenced. Ms. Zhao was not guilty, but it felt inappropriate, so they hesitated.

Now that meng lang explained the reasoning, they seemed to see a ray of light and felt that they had found a way to judge the case.

"Judging from their discussions in advance, the two of them obviously had the intention of extorting money." The public prosecutor was not reconciled, and said another sentence.

Meng Lang immediately retorted: "The public prosecutor, please don't pay too much attention to their pre-discussion. From the perspective of the whole case, they discussed before the case. At that time, they did not propose how to teach Cao, and There is nothing wrong with them discussing like this. Just think about a woman who is always harassed by a man. Isn’t she allowed to find a way to stop this situation? Isn’t she allowed to fight back? And in our daily concepts, It's normal for a man to give money to a woman, right? It's also normal for a woman to ask a man for money, isn't it? Especially when there are emotional disputes between men and women, it's very normal for a woman to ask a man for money. And the three of them are colleagues. The first defendant and the second defendant didn't really want to extort Cao's money. If they had this awareness, they wouldn't call the police. Who would take the initiative to send themselves to prison? This shows that in their minds, There is no such word as extortion at all, they just want Cao to shed some blood, so that he will stop harassing her in the future, her purpose is this, not to really want to blackmail Cao, I hope the court can understand this."

After hearing what he said, the public prosecutor said again: "If the defender said so, then the fairy dance is not a crime? The victim also had sex with the client before that, and asking the victim for money is not extortion? "

Meng Lang heard the words and said: "The Immortal Dance is fundamentally different from this case. The Immortal Dance is a pure extortion. Before that, there was no connection between the victim and the suspect, and there was no emotional dispute. Their purpose was to seek money. , and the real purpose of the first defendant and the second defendant in this case was not to ask for money, but to stop Cao from harassing the first defendant in the future. When Cao refused to pay the money, the first defendant proposed to sue him for robbery. and her purpose of doing so was not to ask Cao to give money, but also to prevent Cao from harassing her in the future. When Cao was still unwilling to give money, the first defendant thought that his self-esteem had been hurt. He was harmed, so he called the police, just imagine which extortionist would choose to take the initiative to call the police and fall into the trap?"

After Meng Lang said this, the prosecutor added: "Some defendants didn't know that their actions were criminal acts. In this case, it is possible for them to choose to call the police. It does not prove that they did not intend to extort."

Meng Lang listened and said: "Not knowing that his behavior is a crime does not mean that he does not know that his behavior is inappropriate. In this case, neither the first defendant nor the second defendant knew that his behavior was inappropriate. Instead, they thought that Cao's behavior was inappropriate. , if they knew that their behavior was inappropriate, how could they choose to call the police? If they thought that their behavior was not an immoral behavior, how could they have the intention to commit a crime? In their hearts, they asked Cao for Money is an emotional dispute, and I wanted to punish Cao, but there was no intention to extort Cao, so the two defendants’ actions should be considered innocent.”

After debating with the public prosecutor for a long time, Meng Lang had the upper hand on the whole, but the public prosecutor could only mechanically understand that the two defendants had said that they wanted to report Cao for rape, so it was a kind of extortion. The emotional entanglements in the past have been completely put aside, and the connection between the two behaviors has been severed.

happy New Year!

(End of this chapter)