Fang Yi understood, the old man came to find out: "Did Cao Xiaohui ask you to call me, or did Auntie ask you to come over?" ”

"I won't hide it from you, it was your aunt who asked me to come to you. Some things are better to be clear. Old Man Cao said. He believed that Fang Yi was a smart person.

As soon as he said this, Fang Yi immediately understood: The former mother-in-law has always looked down on herself, and this time she sent the old man to explore the bottom, I am afraid that this matter is not as simple as the old man said, most likely because he wants the old man to warn him to stay away from Cao Xiaohui, how far and how far away.

Fang Yi has been married to Cao Xiaohui for so many years, and he is very clear about the temper of this former mother-in-law.

"Got it! Please tell my aunt, whether I give money or a computer, I am doing my duty as a father and for my son Fang Anzhi to live a better life.

In addition, I don't think Cao Xiaohui has any plans to reconcile with me, at least not yet, otherwise she wouldn't go on a blind date according to your and auntie's wishes. Do you say yes or no? Fang Yi smiled.

Although he had a smile on his face, he was bitter in his heart.

He was bent on getting back his former life and filling his family with laughter, but now he didn't have the strength. He doesn't want to look up to others for the rest of his life and make people look down on him, especially which mother-in-law, he has to rely on his strength to win the respect of the people around him, instead of letting the people around him pity him or pouting when he sees him.

During this time, when he couldn't sleep at night, he thought more than once about having a good talk about remarriage with Cao Xiaohui. But as time went by, Cao Xiaohui didn't seem to have forgiven him so far, and she didn't even bother to scold him when she met, which made Fang Yi feel very uncomfortable.

It's not that Fang Yi is cheap, but he knows what this means, Cao Xiaohui's feelings for him have faded, as light as a glass of boiled water, his quality has nothing to do with her, if it weren't for the child, Cao Xiaohui would have been a stranger to him a long time ago.

A good hand of cards makes him play poorly, and who can he rely on.

Perhaps maintaining the current state is the best outcome, and the future can only be said in the future.

"Yes, you're right." Old Man Cao was a little embarrassed.

"It's been a long time since I've had a drink with you, so let's not talk about anything else today, just drink!" Fang Yi said, and asked the waiter for a bottle of Lao Baigan, he knew that the old man usually took this bite.

At this time, the dishes have been served one after another, Fang Yi accompanied Mr. Cao to drink, although the two of them were not happy with the wine (it is strange that they can have fun with their own hearts), but the two basically understood what the other party meant, and they can be regarded as making substantial progress. Old man Cao can go back and explain to his wife.

The next day, Fang Yi came to the procuratorate.

The person in charge of Du Jianjun's case is a female prosecutor surnamed Cai, who has worked for more than five years. After receiving Fang Yi's call, he felt that the lawyer who came to discuss the case and exchange opinions was nothing more than going through a procedure, showing it to the client, and proving that he had done his job, nothing more. So she didn't pay much attention to Fang Yi's arrival.

Inspector Cai, whom Fang Yi wanted to see, had a round face, big eyes, short hair, a face like frost, wearing the uniform of the procuratorate, and exuding a heroic spirit.

"Hello, I am Du Jianjun's defense lawyer, and this is my formalities and lawyer's certificate." Fang Yi said and handed over the relevant documents.

Inspector Cai looked at the relevant documents, then put them on the table and said: "For Du Jianjun's case, we believe that he constitutes the crime of extortion. Do you have any new discoveries or new evidence? ”

"So far, I have no new evidence, but I think it is debatable whether Du Jianjun constituted the crime of extortion.

I went to the court yesterday to review the case file, and after reading the evidence and relevant documents submitted by your court, I have nothing to say about the facts.

However, there are some objections to the application of law. I think that from the principle of consistency between subjectivity and objectivity, Du Jianjun does not necessarily constitute the crime of extortion. Fang Yi said.

"Oh? We don't think so.

According to the information we have learned, the defendant Du Jianjun instigated and organized villagers to block the coal mine's roads and wellheads on the grounds that the coal mine occupied land and the compensation given was too low, seriously affecting the normal production of the coal mine.

After the coal mine paid compensation for the land occupied in accordance with the agreement reached with the villagers, the defendant Du Jianjun and others still demanded compensation from the coal mine for compensation for above-ground objects, compensation for collective land, losses from administrative detention, and losses from losing a civil lawsuit, and forced the coal mine to pay 150,000 yuan in compensation by threatening to burn the coal mine. It can be seen that Du Jianjun's conduct meets the objective elements of the crime of extortion.

We should look at this case as a whole, and link what happened on the day of the incident to the whole incident, the owner of the coal mine, Nie Zhen, was threatened by the whole incident and fell into fear and paid 150,000 yuan.

Therefore, Du Jianjun subjectively used verbal threats and gathering crowds to make trouble for the purpose of illegal possession, and objectively used verbal threats and methods to gather crowds to make trouble, and extorted a huge amount of property, and his behavior has constituted the crime of extortion. Inspector Cai looked at Fang Yi after speaking.

She wanted to see Fang Yi's deflated expression to satisfy her competitiveness, but she was disappointed after all.

"Well, I partially agree with you, and now I'll give you my opinion.

You just said that Du Jianjun instigated and organized the villagers to threaten the coal mine owner Nie Zhen to pay all kinds of compensation and compensation of 150,000 yuan by blocking the wellheads and highways, making the coal mine unable to operate normally, bringing down the coal mine, and burning the coal mine. I agree with you on that.

However, whether Du Jianjun has constituted the crime of extortion cannot only look at the objective elements, but the key lies in the determination of his subjective intent.

According to the provisions of the Criminal Law, only the unity of subjectivity and objectivity can constitute a crime, and I think there should be no disagreement between us. After finishing speaking, Fang Yi looked at Inspector Cai.

Inspector Cai didn't speak, nodded his head, and said he agreed.

"If Du Jianjun has the subjective purpose of illegally taking possession of the property of the coal mine owner Nie Zhen, his actions constitute the crime of extortion; If there is no purpose for unlawful possession, he cannot be found guilty of extortion.

Based on the specific facts of this case, I believe that Du Jianjun cannot be determined to have the subjective purpose of illegally taking possession of Nie Zhen's property for the following reasons:

1. The meaning of "unlawful possession".

According to the relevant provisions of China's civil law, property rights are protected by law, and there are generally two ways to obtain other people's property: 1. Obtain it in accordance with the law; 2. Obtained through civil juristic acts.

If the perpetrator flouts the existence of the law, has no factual or legal basis for other people's property, and does not pay the corresponding consideration, violates laws and regulations, circumvents legitimate market behavior, and forcibly obtains other people's property in a zero-cost manner, this kind of behavior is illegal possession. Theft, robbery, robbery, extortion, embezzlement, fraud, etc., are crimes of illegal possession and embezzlement. ”

(End of chapter)