laitimes

C X is suspected of extortion, see how Wang Fu lawyer defended and finally obtained a verdict of acquittal? I. Brief Introduction of the Case II. Defense Ideas III. Case Outcome IV. Case Handling Essay

author:Court Lifang Criminal Lawyer Platform

c A certain person was suspected of extortion, and Wang Fu, a lawyer at Beijing Xinbang Law Firm, successfully defended himself and was acquitted

The right to a defence should be vested in everyone. Only then will our laws be truly fair. --William Langenau

On October 13, 2013, C X was criminally detained by the Zunhua Municipal Public Security Bureau for extortion, and on October 24 of the same year, C X was criminally arrested on suspicion of extortion. On June 3, 2014, the Zunhua Municipal People's Court found in the first instance that C X constituted the crime of extortion and sentenced him to 1 year in prison. The parties appealed, the court of second instance revoked the original judgment and sent it back for retrial, and in November 2014, C X, who was released on guarantee pending further investigation, found Lawyer Wang Fu, hoping that Wang Fu's legal team could defend himself.

The facts of this case are unclear and the evidence is insufficient, and the defendant cannot be found guilty;

1. There is no victim in this case, and the case of extortion without a victim cannot be established;

2. c. So-and-so did not use any threat or blackmail method to extort property;

3. c. There is no subjective intent of extortion;

4. This case was artificially created to prevent c from petitioning.

In summary, the charge of c xxx constituting the crime of extortion is not established, and c xxx should be acquitted.

In the end, the court found that the evidence for the crime of extortion and extortion was insufficient, and the charges could not be established, and was acquitted according to law.

From a legal point of view, extortion is a property crime, which is an act of intimidation, threat or blackmail to make the victim fearful and to deliver property out of fear. In this case, at the objective level, the defendant did not have an act of extortion, and the crime had already been committed at the objective level, and there was no need to evaluate the objective obstruction of the cause, let alone the subjective level.

C X is suspected of extortion, see how Wang Fu lawyer defended and finally obtained a verdict of acquittal? I. Brief Introduction of the Case II. Defense Ideas III. Case Outcome IV. Case Handling Essay

Wang Fu Profile:

Mr. Wang Fu had a career in the police for many years before resigning from public office to become a practicing lawyer. He has long called for judicial fairness, continuously written analysis and commentary articles for national legislation and judicial cases, and has written commentary for Tencent News, Oriental Morning Post, Interface News and other media.

He has represented a large number of influential and difficult cases. He has defended his clients in many criminal cases with major influence at home and abroad, and has made major breakthroughs in handling difficult and complex criminal cases. The cases handled are often widely reported by the major media.

Founded my defense network, adhere to the rationality of intellectuals, through the perspective of lawyers to provide the industry and the public with a platform for commenting and discussing cases and hot events. Advocate that the legal profession transcend the left and right and promote the rule of law with a problem-solving attitude. Gather the efforts of everyone to achieve the gradual progress of the rule of law.

Read on