Huang Yixi didn't pay attention to her little action, picked up the tea that Shang Luoyu poured for her on the table and took a sip, the noodle batter in the morning was a little salty, she was greedy for a hemp ball, her throat was a little dry, and she drank half a cup before putting it down, continuing the topic just now.

Judging from the prosecutor's public opinion, he characterized Li Qingsong as an underworld organization, but in fact, Li Qingsong's subordinates are all villagers, relatives and relatives of your village.

These relationships are social relationships that are naturally formed based on geographical and blood relationships, and it cannot be taken for granted that this layer of relationships is substituted into the relationship between underworld criminal organizations to determine that the defendants have formed a membership relationship with an underworld criminal organization. ”

Shang Luoyu went on to add, "The determination of organizational characteristics must be returned to whether the evidence can reflect the closeness and stability between personnel, and the prosecutor did not produce strong evidence to prove that Li Qingsong's subordinates were bound by the "organization" and often gathered together to plot some illegal or illegal causes, and what you obtained was not illegal benefits, so it did not conform to the organizational characteristics of an underworld organization." ”

Lawyer Lu argued unconvinced, "I said the same thing in court, but the judge did not accept my defense opinion, what can I do?"

Huang Yixi didn't believe it, at least she didn't see these contents from the defense opinions, of course, it can't be denied, maybe this lawyer has played an extraordinary role in the trial.

Huang Yixi didn't say anything, and asked a digression, "Don't worry, let's analyze it slowly, just know it in our hearts, Lawyer Lu, I don't know if you can get the video of the trial?"

Lawyer Lu sighed in his heart when he heard this, and suddenly raised his head to look at Huang Yixi, what did she mean, did she think that she didn't say this in court, thinking that there was a slight sweat on his sky-high hairline, and he began to think, did he say it? It seems that he didn't say it? Lawyer Lu fell into deep thought.

Huang Yixi didn't notice the change in him, God knows that even if she doubted it, she wouldn't say it, let alone want to pester Lawyer Lu's performance in the trial, these have nothing to do with her at all, the agency fee is not given by her, and Lawyer Lu is not hired by her, and it has nothing to do with her.

The reason why I want to watch the trial video is to know what the prosecutor and the judge said during the trial, what their thinking is, and where to find effective breakthroughs.

Every time she looked at the file, Huang Yixi's attention was very concentrated, except for the case in front of her, the people and things around her would not distract her, she knocked on the file with a pen, "If you can get all of us to see what omissions there are in order to check and fill in the gaps, now let's go through them one by one, so that we can clearly know what the difference is between us and the prosecutor and the judge, first analyze the economic characteristics of this case, whether it is the same as the economic characteristics of the underworld organization." ”

In fact, there is no need to say much about this, and a discerning person can understand at a glance that the construction team registered by Li Qingsong has a legal business scope, and it was not established for the purpose of engaging in illegal crimes.

According to the relevant legal provisions, whether the profits are used to support the survival and development of the criminal organization or to carry out illegal and criminal activities is a necessary element in determining the 'economic characteristics' of the underworld criminal organization, and if there is no circumstance to support the survival and development of the criminal organization, it does not meet the economic characteristics.

Judging from this case, Li Qingsong's act of paying wages to employees cannot be equated with an underworld criminal organization paying wages to its members.

Secondly, Li Qingsong did not illegally control his subordinates, although a large number of subordinates were gathered in the process of bargaining for wages, but those subordinates themselves were also working on the construction site, and Li Qingsong was not controlled by Li Qingsong to make trouble.

Only when they reach the level of seriously undermining the order of economic and social life, openly confronting the government and society, doing evil, and oppressing and harming the masses can they meet the characteristics of illegal control by underworld criminal organizations.

In Huang Yixi's view, Li Qingsong denied extortion from beginning to end after he was arrested, and according to the construction contract, he asked for the project money that was also deducted, subjectively wanting to recover part of the labor fees that were cut off for no reason in the settlement process, and his behavior was not a threat and coercion in the sense of the criminal law, but belonged to the category of civil disputes, and did not meet the objective elements of the crime of extortion.

As for the defendant Li Qingsong mentioned by the prosecutor, he had a bad attitude and refused to admit guilt. In Huang Yixi's view, it is also nonsense, except for Li Qingsong's act of killing people in righteous indignation, other behaviors are not illegal at all.

The prosecutor said that he did not admit the crime of extortion because he had a bad attitude.

The crime of extortion refers to the use of intimidation, threats, or coercion against the victim for the purpose of illegal possession, and the illegal possession of the victim's public or private property.

Whether Li Qingsong has the intention of extortion, the court may consider conducting a cost appraisal. In Huang Yixi's view, Li Qingsong's request for the project payment is far from reaching the part he deserves, such as the serious delay in the construction period caused by the lack of materials to be provided by the deceased, and the interest on the occupation of funds for long-term non-payment of the project money, which is a very real loss for Li Qingsong.

After reading the file, Huang Yixi still insisted on his opinion, Li Qingsong was guilty of injuring people to death in the process of asking for wages, but the crime did not lead to death.

"But the court didn't accept it. ”

Lawyer Lu secretly breathed a sigh of relief and began to repeat the old tune again, "I can only hope for the second trial." ”

Huang Yixi and Shang Luoyu glanced at each other, and they didn't feel optimistic, the court turned a blind eye to such obvious characteristics, was there a human factor, "That, lawyer Lu, can you get the trial video." ”

There were some details in the trial that the lawyer did not discover or pay attention to at the time, and only knew after watching them.

Huang Yixi hopes that lawyer Lu can also find those omissions and doubts when he ponders.

Lawyer Lu's heart that had just been put down was lifted again.

Huang Yixi coughed a few times, and saw that Lawyer Lu was still puzzled, so he could only say another explanation, "You see, there must be a teacher in the threesome, I think you can make a video of the important part of the trial video, and ask the big guys or outstanding people in the QQ group or WeChat group to see how to defend it, and return the truth to the facts, so that both the defendant and the deceased can get a fair verdict." ”

Human life is at stake, and if it weren't for the last resort, she didn't want to take this extreme route.

Lawyer Lu was stunned for a while, slowly figured out the taste, and patted his thigh, "Hahaha, not bad, yes, there must be my teacher in the threesome, I won't lose my ugliness, learn more." ”

"Also," Shang Luoyu added, "I think you can visit Li Qingsong's village, as well as his fellow villagers, didn't there be that kind of book of the people in ancient times? This should also be a factor that will be considered in the sentencing committee." ”

In ancient times, there were righteous people, and there were people who asked for their lives, although there are few now, but it is not nothing.

Tricks are not afraid of rotten, just be useful.