Chapter 944: It's all the fault of the demolition

Bao Li and his old cow Sheng Ming opened a clothing store in the township, usually busy with business and live in the township, the children also go to school in the township, only the mother lives in the village, and the two will go back to visit their mother every once in a while.

In June last year, the county carried out the construction of a new countryside in accordance with the above requirements, and after that, the county reached an agreement with a group company in other provinces to set up a new investment and development company by the group company to develop and construct the land in the county. The demolition and relocation work within the planned land area shall be carried out by the county entrusted by the demolition company

In October last year, Niu Shengming's mother signed an agreement with the demolition company on the demolition of the house and the relocation of the grave because of the demolition of the house and the relocation of the grave, and the mother received 335,600 yuan in compensation for the house demolition and 48,500 yuan in compensation for the relocation of the grave.

Niu Shengming and his wife believed that his mother had signed the demolition agreement without consulting him, and were very dissatisfied with his mother's behavior, but they did not raise any objection to the standard of compensation for the demolition, and Niu Shengming also received 250,000 yuan in housing compensation from his mother.

In early November last year, Niu Shengming was dissatisfied that his mother did not notify him to be present when she moved the grave, and then Niu Shengming had a fierce quarrel with his mother, uncle Niu Gang and other relatives.

After that, with the mediation of the village elders, the two sides reconciled. Niu Shengming apologized to his uncle's family.

Niu Shengming returned home, pondered and pondered, and thought that it was the lack of work of the Demolition and Relocation Office that caused the discord between their relatives, and thus came up with the idea of reclaiming compensation for losses related to demolition and grave relocation from the Demolition and Relocation Office.

At the end of December of that year, Niu Shengming drafted a claim for compensation for the cost of the destruction of the house and ancestral graves by the Demolition and Relocation Office, the Investment and Development Company and other units, and the amount demanded was 850,000 yuan.

In addition, Niu Shengming also wrote a letter reporting that the investment and development company and the demolition and relocation office had violated the rules and regulations in the process of project development. After that, he handed over the claim materials to the demolition and relocation office, and handed over the letter to the relevant departments in the county.

Soon after, Nong Chuanqing, the general manager and chairman of the investment and development company, learned that Niu Shengming had reported the project developed by the company, and was worried that it would be detrimental to the progress of the project, so he obtained Niu Shengming's contact information through his connections, and then he called Niu Shengming to make an appointment with him to understand his intentions.

Two days later, Niu Shengming met with Nong Chuanqing as agreed, and handed over the letter and claim materials to Nong Chuanqing, Niu Shengming claimed that if he did not meet his requirements, he would report to the relevant departments that the project was illegal and that the project could not be carried out.

Nong Chuanqing considered that the investment and development company had invested a large amount of money in the project, and in order to ensure the smooth progress of the development project, he promised to compensate the Niu family. Since then, Niu Shengming has negotiated with Nong Chuanqing many times.

After negotiation between the two parties, Niu Shengming and Nong Chuanqing finally reached an agreement that the investment and development company would compensate Niu Shengming with a total of RMB 500,000.

Three days later, Niu Shengming received an initial payment of 200,000 yuan from Nong Chuanqing after signing a letter of commitment drafted by Nong Chuanqing regarding his willingness to pay 500,000 yuan and that Niu Shengming would not sign the JB project.

After the incident, the public security organs arrested Niu Shengming for the crime of extortion, recovered 200,000 yuan, and returned it. In mid-April this year, the county procuratorate filed a public prosecution with a county people's court for the crime of extortion against Niu Shengming.

The county court held that the defendant Niu Shengming, for the purpose of illegal possession, used coercion to extort money from others, a huge amount, and his actions constituted the crime of extortion.

In accordance with the provisions of Article 274 of the Criminal Law, the defendant Niu Shengming was sentenced to six years imprisonment for the crime of extortion.

After the first-instance verdict was announced, the defendant Niu Shengming was not satisfied and appealed.

"Ms. Bao, let me ask you, was it Nong Chuanqing of the investment and development company that your husband Niu Shengming took the initiative to contact, or did the other party call your husband first? Who contacted whom first? Fang Yi asked.

"We are just a small people, how can there be the phone number of the CEO of the investment and development company, it is Nong Chuanqing of the investment and development company who called my Niu Shengming.

At that time, the two of us were busy in the store, and the mobile phone rang, and after answering the phone, Niu Shengming said that he was calling from the investment and development company and wanted to talk to him about compensation. Bao Li replied.

"Well, I don't think your husband's case necessarily constitutes racketeering.

Judging from the current situation, Niu Shengming's conduct does not meet the subjective and objective elements of the crime of extortion, and the crime of extortion refers to the act of forcibly extorting public or private property for the purpose of illegal possession, by means of threats or coercion, and the amount is relatively large.

In this case, your husband reported the situation to the relevant authorities based on his dissatisfaction with the compensation for the demolition, and then the investment and development company took the initiative to contact Niu Shengming to discuss the compensation.

Your husband's above-mentioned conduct does not meet the subjective situation of forcibly extorting public or private property by means of threats or coercion for the purpose of illegal possession.

Of course, this is only my preliminary judgment, and I need to read the case file to know the details and make a final judgment. Fang Yi put down the criminal verdict and said.

"Then look at my family's case...... Bao Li is a little masterless, look at Fang Yi and then look at Zhou Ying and Yun Qiao.

"Sister Bao, do you want to entrust Lawyer Fang to help you handle this case today, or do you just want to come for consultation?" Zhou Ying is an anxious person, and seeing Bao Li like this, she took over the conversation.

"I'm going to delegate. …… Can my old cow be released? Bao Li asked.

"It's still hard to say, you have to read the case file before you can give a final defense plan. We will do our best. Fang Yi said.

"That'...... What about the legal fees? Bao Li wants to save her husband, but she also has to consider the cost, the life of the family has to go on, and if the lawyer's fee is too high, she also has to think about it.

"The lawyer's fee for the second instance will not be lower than that of the first trial, because the first instance is not done by me, and I have to do more work, and the lawyer's fee is 150,000 yuan." Fang Yi said.

Bao Li's heart tightened, this lawyer's fee is not cheap, the lawyer in the county who was hired before only paid 50,000 yuan in lawyer fees, and now it costs 150,000 yuan, which is three times the lawyer's fee in the first instance......

"Lawyer Fang, I know that you are a lawyer who specializes in criminal lawsuits, and you have handled many big cases, and the living conditions of my family are average, both old and young, do you think you can charge less lawyers?" Bao Li's eyes showed the shrewdness of the trader.

(End of chapter)