"The crime of extortion is not something that the other party has given you money to be constituted."

Li Chen looked at the latter with a serious expression: "The cause is ......"

Li Chen chatted with Zhang Xiaodong about their purpose and process, and Zhang Xiaodong was completely messy when he listened: "Then what should we do?" ”

"You didn't extort money, you just defended your rights normally, what are you afraid of."

Just now, Li Chen was discussing this issue from the other party's perspective and judicial issues, the purpose of which was to let him understand his own problem.

In the unlikely event that the other party or the trial judge asks about it in court, it is easy to reach the verdict of the case if you accidentally say the wrong thing.

Li Chen was also glad that he had found him in advance, otherwise he would have to defend his actions in court.

"Judging from the cause of the case, your brother is injured at work, and the other party is supposed to bear the corresponding responsibility and obligation for medical advance, which is the first point."

Li Chen looked at Zhang Xiaodong and analyzed the case from his point of view: "The second point, I have also read the remarks made by you, and they did not distort the facts, nor did they ask for a specific amount, which completely does not meet the false conditions constituted by extortion. ”

The amount of property extorted is relatively large or there are multiple extortions. The relatively large amount is a basic element for extortion to constitute a crime.

"If it really constitutes extortion, the law enforcement agencies would have talked to you a long time ago."

Li Chen stared at Zhang Xiaodong seriously and said, "Thanks to the fact that you didn't ask for the specific amount of medical expenses, if someone really wants to mess with you, it's really easy." ”

Hearing this, Zhang Xiaodong looked at Li Chen with puzzled eyes: "Lawyer Li, in this case, it is clear that they are at fault, and we don't want money to open our mouths, how can it still constitute extortion?" ”

"What's your reasoning?"

When Li Chen heard this, he said seriously: "You said that people should be responsible, is there any legal basis?" Has it been determined by the relevant departments?

When there is nothing, how can you say that others are responsible? ”

Zhang Xiaodong thought about it carefully when he heard this, as if this was the case, Li Chen continued to answer his question: "Even if it is his responsibility, they offer compensation and you ask for compensation are two different concepts.

They propose to settle, you want compensation, even if it is outrageous, the other party can only say that you are a lion with a big mouth, and if you are not willing to settle, you can go through the judicial process, because this is the compensation in your heart, not extortion.

And you take the initiative to ask for money, and the amount of money demanded is huge, which constitutes extortion, can you understand this? ”

"Oh..."

After hearing this, Zhang Xiaodong continued to ask: "Then if the other party is mainly willing to reconcile, if he loses money, if he extorts money from the whistleblower's house, can he succeed?" ”

"It depends on the evidence."

After hearing this, Li Chen looked at Zhang Xiaodong and continued to explain: "This is also the most likely problem to encounter in private settlement.

If there is evidence to prove that the other party agreed to settle privately and mainly make compensation, then there is no problem, if there is not enough evidence to prove it, it will be difficult to do.

Especially when it comes to settlement, when there are only two parties, it is the most troublesome, and no immediate family member can be used as a witness. ”

Zhang Xiaodong nodded when he heard this: "I understand." ”

After listening, Zhang Xiaodong was a little happy.

Thanks to the fact that he stopped his parents when they wanted money...

But this crime is more or less deceptive.

Regretting after giving money can also constitute extortion...

It's true.

Li Chen did not continue to ask on this topic, because voluntarily he also had to look at the evidence.

From a legal point of view, voluntary compensation does not constitute extortion, but the point of issue is whether you can prove that the other party is willing or succumbed to your means...

"Let's move on to your case."

Li Chen continued to tell Zhang Xiaodong's case: "The words I asked you before are likely to appear in court, it may be that the judge asks questions, and the most likely thing is that the other party's lawyer will ask questions, if you answer according to the previous answer, I will also have to be unlucky with you."

Because judging from your overall words and deeds, you are deliberately creating intensifying contradictions, then your chat history is likely to be considered as deleting the record about wooing, which you have no way to explain, you yourself have said that you chatted with others well, then your subsequent words in the group are intensifying the conflict. ”

When Zhang Xiaodong heard this, he began to defend: "But I really didn't say anything, I just found them and asked them what they had." ”

"Do you have any proof that you didn't say anything?"

Hearing this, Li Chen opened his mouth and asked: "The question now is, everyone says that they were deceived by you, do you have evidence to say that you didn't?" ”

"They're talking nonsense!"

Hearing this, Zhang Xiaodong opened his mouth and said: "Lawyer Li, if you have to believe me, I just asked them to ask, and they told me what happened." ”

"What's the use of me believing you?"

Hearing this, Li Chen looked at the latter and said, "The point is, can the judge not believe you, understand?" ”

Zhang Xiaodong was a little angry when he heard this: "I can confront them, they said that they were instructed by me, and they have to come up with corresponding evidence, right?" ”

"Count your kid as clever once."

Li Chen opened his mouth and said: "This is also the purpose of I called you over, when you go to the court, if someone asks you if you have been deceived, you only need to tell the truth, there is no need to find reasons or excuses to cover up, because the problems reported by other riders are real, you can also ask them back, let them come back to your questions."

They say you've been deceived, and that should explain how you deceived them. ”

Zhang Xiaodong nodded when he heard this: "Then what if they all throw the pot on me?"

They must have been instructed to say something like that, in case they ......"

"No in case."

When Li Chen heard this, he said seriously: "The judge is not a fool, the more unified they are, the more problematic they are, isn't it?" ”

Zhang Xiaodong nodded when he heard this: "Understood, Lawyer Li." ”

When Li Chen heard this, he said very seriously: "When you go to court, you must not panic, and you must think carefully about what you want to say before answering, you must not say the wrong thing, let alone try to hide the truth." ”

"Okay, Lawyer Li."

"Well, it's okay, you can go back first."

After the two finished talking, Zhang Xiaodong got up and left, while Li Chen continued to revise his defense draft.

There are some things that he can only remind the other party and can't completely explain them thoroughly, otherwise he will deliberately instruct them.

The more perfect the answer, the easier it is to have questions.

And what Li Chen needs to do is to keep in mind the problems that the other party may have and defend him...

The other side.

The people of Yunsheng E-commerce are also preparing for the trial...

Assi, my update has nothing to do with rewarding, I'm going to start just your readers' money, and the bottom is guaranteed to be updated every day, because someone jumps, and it can only be sent chapter by chapter.

In addition, a story does not drag on for four days, it will definitely end in four days, and this story ends today ...

(End of chapter)