Chapter 105 Judgment Day: Zhang Wei’s shw time(1/2)
Half past nine in the morning.
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 around 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 in a suit and leather shoes, nodding towards 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 cases 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.
"Boom!"
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 heard the extortion case of defendant Wang Defa 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 settling 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:
"XXX People's Procuratorate Criminal Indictment..."
"Defendant: Wang Defa, male..."
"The defendant and the victim were neighbors upstairs and downstairs, and their grudges 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 more than 70 decibels..."
"The victim had a history of depression. In this case, 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 case was investigated 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 value of that parking space is more than 600,000, which definitely meets 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 also have feelings of disgust and disgust for the defendant.
This will affect the final judgment to some extent.
A long illness makes a good doctor. He has been 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 you can't bring back your impression points, at least you won't lose more points.
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.
To be continued...