"2. Niu Shengming's conduct does not meet the objective elements of 'extorting public or private property by means of threats or coercion' in the crime of extortion.

The objective elements of the crime of extortion shall meet the following characteristics:

1. Using threats and coercion;

2. The content of threats and coercion is enough to cause panic and fear in the heart of the person being threatened or coerced;

3. The coerced person divides the property because of the disposition and hands over the property to the person who threatens or threatens him.

In this case, Niu Shengming's conduct did not meet the objective elements of extortion. The specific reasons are as follows:

1. Niu Shengming's claim against the developer is exercising his legitimate rights.

After Niu Shengming first handed over the claim materials and J report materials to the relevant departments, Nong Chuanqing of the investment and development company contacted him, and in the process, Niu Shengming did not inform Nong Chuanqing that he had reported to the relevant departments that the project was illegal and violated.

In other words, Niu Shengming did not directly report to the investment and development company as a condition for the so-called "threats and coercion".

2. The information obtained by the investment and development company from Niu Shengming's J report did not come from Niu Shengming's initiative to inform him, let alone Niu Shengming's conditional claim against him.

In order to understand the true meaning of Niu Shengming, the investment and development company took the initiative to meet Niu Shengming.

Niu Shengming only handed over the J report and claim materials to him after meeting Nong Chuanqing of the investment and development company. In other words, linking the J report with the claim materials was the result of the investment and development company's active behavior, and the investment and development company had already had this idea before meeting Niu Shengming.

3. Niu Shengming's negotiation with the investment and development company is a civil negotiation process, and the result of the negotiation is not the result of extortion.

Niu Shengming did not agree to sign the letter of commitment at first, but after negotiations, the investment and development company repeatedly promised that it would not let people know, and said that everyone had to abide by the commitment before signing the letter of commitment.

The investment and development company contributed 500,000 yuan in exchange for Niu Shengming's agreement to stop the commitment to JB, which was illegal and in violation of regulations in the project.

The witness testimony of Nong Chuanqing of the investment and development company also said that the reason why Niu Shengming was asked to sign the letter of commitment that was unfavorable to him was that once Niu Shengming got the money, he could still report his illegal acts to the relevant departments and use the letter of commitment to protect the company's own interests.

It can be seen from this that Niu Shengming's signing of the letter of undertaking was entirely the result of civil negotiations, while the investment and development company required him to sign the letter of undertaking for the purpose of creating evidence of Niu Shengming's extortion.

4. Niu Shengming's performance after the incident also showed that his claim did not meet the characteristics of extortion.

When Niu Shengming found out that the letter of commitment was unfavorable to him, he asked for a refund of the 200,000 yuan he had claimed, but the investment and development company refused. This also shows that Niu Shengming's initial intention to claim was not based on reporting as a means and condition. Therefore, Niu Shengming's conduct does not meet the objective behavioral characteristics of the crime of extortion.

To sum up, in this case, Niu Shengming submitted a J report to the relevant departments, reflecting the violations and illegal acts of the investment and development company in the process of project development, which is a normal XF behavior. The negotiation of the claim with the investment and development company is a normal civil act. Therefore, Niu Shengming's conduct does not constitute the crime of extortion. Complete. Fang Yi responded.

……

Niu Shengming's case has caused a lot of sensation in the local area, and it has been reported by major newspapers, tabloids and online media before, so the local media's attention to the case is still quite high.

Speaking of which, this is also due to the investment and development company, which originally wanted to use this case to establish authority in the local area, so that the people know that the money of the investment and development company is not so easy to get, so it added fuel to the media and created a lot of momentum for this case. As a result, the investment and development company calculated the beginning, but did not guess the end, which was self-defeating.

Outside the gate of the court, many local reporters were interviewing the released Niu Shengming, who was very excited, and there was no nonsense of thanks, only the honest grievances.

The Intermediate People's Court held that although the appellant Niu Shengming had obtained a huge amount of money by means of coercion, the appellant's claim was based on the fact that he enjoyed certain civil rights in the demolition of houses and graves, so it was found that the appellant had the subjective intent of "for the purpose of illegal possession" in the constitutive elements of the crime of extortion, and the evidence was insufficient, and the appellant could not be found guilty.

The appellant and his defender put forward their arguments and opinions of not guilty, which were adopted. In accordance with the provisions of Article 189 (2) and Article 162 (3) of the Criminal Procedure Law, the original judgment was revoked and Niu Shengming was acquitted.

Fang Yi and Yun Qiao originally planned to drive back after the court, but they were stopped by Niu Shengming and Bao Li, and they wanted to invite Fang Yi and the others to dinner to show their gratitude. Yun Qiao's lawyer's certificate was obtained a week before the trial, so this time she also came to the trial.

Early the next morning, the verdict of Niu Shengming's case was published on the Internet and in newspapers, and Fang Yi's name came into everyone's attention again.

……

The summer morning is not refreshing, the sun goes to work too early, and soon the earth enters a scorching state, walking on the asphalt road only feels the heat wave rolling, and the roast person is out of breath.

After Zhou Ying got off the air-conditioned bus, she put up a parasol and walked quickly to the office building, where she happened to meet Du Yong who came up from the underground parking lot by elevator.

At the end of the year, Du Yong, who got the bonus, changed to a new car, originally Meng Guangda and others thought that Du Yong would change to a better, high-grade car, but Du Yong just sold the old car and replaced it with a new Jetta King. In Du Yong's words, this kind of wagon is really resistant to construction, and the cost of maintenance is also low.

"Lawyer Du, yesterday Lao Xie gave me a criminal case in the city next door, the case is relatively simple, I just got it and I haven't seen the client, or I will transfer it to you, I don't have a car, go to the city next door is quite far away......" Zhou Ying looked at Du Yong.

"How much is the lawyer's fee?" Du Yong asked casually.

"It's not much, the lawyer's fee is 20,000 yuan, plus 2,000 yuan for travel expenses, if you agree, I will find Lao Xie to change the lead lawyer when I go back." Zhou Ying replied.

"Okay, I'll take it." Du Yong hesitated and said.

Everyone knows about the reward at the end of the year, Du Yong and Meng Guangda are both people who have been beaten by the society, and it is the purpose of their work to handle more cases and make more money.

In fact, there have been cases of team lawyers exchanging cases with each other for a long time, and it is normal for everyone to be too busy or catch up with the court to exchange the lead lawyer. As long as both parties agree to change, Fang Yi has no opinion, and his bottom line is not to delay work.

"Why haven't you seen Brother Da recently?" After Zhou Ying got out of the elevator, she asked Du Yong.

"Some time ago, Lao Xie divided several criminal cases from other provinces to Da Ge, he has been on a business trip during this time, I saw him yesterday afternoon, you happened to go out for court and were not in the office.

Da Ge said that he was going to the detention center this morning to meet with the client, and it was Yuwen who introduced him to the case. It seems to be an intentional homicide. Du Yong and Zhou Ying walked as they talked and entered the door of the law firm.