Chapter 213: Why are there people in this world who are so calculating?
"It's the modern age, yet they're threatening a lawsuit and demanding money in private like this. Are they joking? What do they think the law is? Do they think the Court is their own home?"
"And I have to say, that viewer of yours did a great job, absolutely watertight. Discovering the delivery was gone and then ordering the exact same one—that maneuver was truly excellent. It has my style, haha!"
Fang Dazhuang on the other end of the phone was spouting off with great excitement, and Zhou Yi was already used to it.
Every time Fang Dazhuang encountered such matters, he would be very agitated.
This made Zhou Yi feel that he was still quite far behind, because he had just been lecturing others earlier.
As a result, he hadn't even realized that the other party was actually committing Extortion in this incident. Of course, whether it constitutes a crime is something even Fang Dazhuang couldn't fully determine.
Because generally speaking, when we judge whether an act or an event is a crime, we distinguish it according to its Constitutive Elements.
However, in Criminal Law, it is sometimes not easy to distinguish between a crime and a non-crime based solely on the Constitutive Elements, so at this time, various Judicial Interpretations from the Supreme People's Court must be used.
Fang Dazhuang kept on talking; perhaps this is the nature of a Lawyer?
In any case, he was exceptionally talkative; from a single incident, he could directly derive countless laws, turning the phone call into a session of legal education.
Every time he faced such a situation, Zhou Yi would have a thought: if, if he, Zhou Yi, were to sell this recording, would it constitute a crime?
Honestly, for a moment, he, Zhou Mouren, really did have such a thought...
But thinking about how the person on the other end was Fang Dazhuang, he decided to forget it.
Living a good life, isn't that better?
"Actually, you can tell that viewer that she has two choices. The first is to report it to the police directly and have it handled as Attempted Extortion."
"The second is to pay the money and then report it to the police; in that case, it will be handled as Completed Extortion."
Here, it needs to be emphasized that Extortion is a Conduct Crime, not a Result Crime!
What is the difference between a Conduct Crime and a Result Crime?
As the name implies, for a Conduct Crime, as long as you have committed such an act, then theoretically, it constitutes a crime.
For example, with the crime of Extortion, as long as you have the act of extortion, that is a crime.
A Result Crime is different; it is the counterpart to a Conduct Crime, also known as a Substantive Crime.
That is to say, your criminal act must cause the criminal result prescribed by the Constitutive Elements for it to constitute a crime.
The most classic example of a Result Crime is Intentional Homicide; it must cause the statutory result for it to constitute this crime.
"In the case of an attempt, the punishment will be reduced. In short, let them decide for themselves."
Fang Dazhuang was tired of talking, hung up the phone very satisfied, and after receiving the red envelope from Zhou Yi, he continued his work.
Meanwhile, Zhou Yi quickly told Guan Yan on the other side about the results of his consultation.
"Report to the police? Extortion?"
Guan Yan was equally dumbfounded. Zhou Yi could probably think of a little bit, but for Guan Yan, she hadn't thought of it at all.
Because in the eyes of a normal person, didn't the other party just make a threat? How could that constitute a crime?
Of course, Zhou Yi also said that whether it truly constitutes a crime still depends on the judgment of the judicial authorities.
It also depends on her choice; if she pays the money, it might indeed be possible to constitute the crime of Extortion.
There is a very important clause in this crime, which is using malicious threats to make the other party develop a sense of fear.
And then, forced by this sense of fear, they dispose of their property.
"Yes, it is Extortion. I can tell you that this is what Fang Dazhuang said. I also gave your red envelope to Fang Dazhuang, so you can think about it yourself."
It was actually Fang Dazhuang who provided the consultation!
Guan Yan began to hesitate. The other party threatened to sue her if she didn't pay five thousand yuan. Was she afraid? Normally, she wouldn't be.
Because her delivery was stolen by someone else; it wasn't as if she had given it to him.
But the other party said in the chat that Guan Yan did it on purpose, that she wanted to harm people, so it seemed she should also... be afraid?
At this moment, Guan Yan actually envied Zhou Yi a little; he sent people to prison without hesitation, while she was considering the consequences.
How should one put it? After all, they are neighbors.
Just then, her phone rang again. A bunch of photos were sent over, accompanied by a series of voice messages.
Opening them to look, it was still the neighbor upstairs. What he sent this time was a photo of his son's mouth swollen like a sausage.
Clicking on the voice message, a roar suddenly erupted.
"You did it on purpose, didn't you? You knew it was my son who took the delivery, so you deliberately made it that spicy. Would a normal person eat something that spicy? They never did before!"
"And, you're really not going to pay, right? Let me tell you, I've already consulted a lawyer, and you are the one who should bear the responsibility!"
"Do you know what a civil Tort is? Hurry up, either come over and pay, or give me the money, otherwise, I will go and file a Lawsuit against you today!"
"By then, what you'll have to pay won't just be this little amount, and your behavior might even be a crime, do you know that?"
"I'm only being reasonable with you because we are neighbors. If you continue like this, let me tell you, if I report this to the police, you'll be in big trouble!"
"It won't look very good when you're in jail!"
Guan Yan was left stunned by every word.
She had an illusion, as if she were the one who had truly done something wrong in this matter.
Her own delivery was stolen, someone else ate it and had a problem, and now it seemed like it was all her fault!
If she hadn't consulted with A Yi beforehand, she would have felt that there was no law left in this world.
What on earth were they thinking?
For a moment, Guan Yan really wanted to reply, "Do you know what Extortion is?"
Since it had come to this, forget it. The other party didn't seem to treat her as a neighbor at all, so why should she bother?
It was just like those "relatives" in life who owe you money and don't pay it back even when you are in extreme difficulty.
Men, everyone cares about saving face. After lending money, you think they are relatives, and out of respect for that relationship, you think it's better not to open your mouth to ask for it.
And the result? They seem to have forgotten to pay it back after taking the money. Even when you are in great difficulty and hint at it in various ways, they don't take it to heart.
When you finally can't help but go to their door to ask for it, what you get in return is a single sentence from them: "Is it really worth it for this little bit of money!"
If you try to tear off the mask, they won't even give it to you, saying you're all relatives, yet still pestering you for money.
What? Your difficulties? They don't listen at all.
So at times like this, you should realize that they never considered you a relative in their hearts, so why bother?
Just do what needs to be done; even biological brothers settle accounts clearly. When lending money to others, it's best to be a bit more cautious.
Guan Yan looked at her phone and smiled.
Immediately, she sent a message with a smile on her face.
"Don't, Uncle Zhang, I'll pay, I'll pay, okay? Five thousand yuan, right? I'll pay. Please don't call the police, don't file a Lawsuit, I'll pay..."
I am very scared, I am frightened by your threats, so I have decided to pay, to pay promptly, only asking that you do not file a Lawsuit, do not call the police.
At the hospital, the man called Uncle Zhang was smoking outside, while his wife was inside taking care of the child.
He knew perfectly well where his son got the takeout.
Once, he even saw his son take the takeout belonging to the girl downstairs, and later he only said a few half-hearted words about it.
After all, it was just a takeout meal, it didn't count for much.
After all, this is his son, the only heir for generations; from the older generation down to them, he has been spoiled in every way, taking a takeout meal is nothing.
Unexpectedly, something went wrong after eating it this time.
Not only did his mouth swell up like a sausage, but there were also symptoms like nausea, vomiting, abdominal distension, and abdominal pain.
The doctor said it was poisoning symptoms caused by consuming an excessive amount of chili.
It must be clarified here that it's not that there is anything wrong with chili, but rather the poisoning symptoms appeared because too much chili was consumed in a short time.
We all know that talking about toxicity while ignoring dosage is just being a hooligan.
That big shot, the founder of modern toxicology, once said that in a certain sense, everything contains toxins; there is nothing that is completely non-toxic.
Take drinking water, the simplest example: if you drink too much in a short time, you will get water intoxication. You certainly can't say that pouring someone a glass of water is poisoning them.
So, after confirming with his son that it was indeed the takeout taken from downstairs, he went straight to her door.
What Lawyer? How could he possibly look for a Lawyer? He just searched Baidu and then went straight to talk.
He just felt that his son had problems after eating her takeout, so if she wasn't responsible, who was?
What? My son stole it?
This had already been selectively ignored by them; the other party did it on purpose. Baidu said that he had to ask her for money.
He didn't get it the first time he asked, but he didn't expect the second time to go so smoothly.
"Fine, you transfer the money now, and I guarantee I won't file a Lawsuit!"
Not long after saying this, Guan Yan transferred five thousand yuan directly via WeChat.
Zhang Guohua felt comfortable immediately.
As for whether the Medical Expenses actually cost five thousand, who knows? Anyway, five thousand was what he wanted.
"Xiao Guan, it's not that your Uncle Zhang insists on wanting this money, it's mainly that what you did was very unprincipled, you know? Just take it as a lesson, five thousand yuan isn't much..."
After collecting the money, he naturally would say some nonsense.
Guan Yan looked at the transfer that the other party accepted instantly and chuckled.
If five thousand yuan isn't much, then what are you asking for?
Done. Seeing that it's not early today, I'll secure the evidence and go to the Police Station first thing tomorrow morning!
However, to be safe, she should ask someone else to see if this can be used as evidence. After all, she had heard before that there are restrictions on using WeChat chat logs as evidence.
But she couldn't ask Zhou Yi about this again. She thought for a moment, oh right, there's also Goddess Zhou!
…………
The next morning, Guan Yan took leave, took a taxi to the nearest Police Station, and walked straight in.
"Officer, I was extorted for five thousand yuan by my neighbor."
Huh? The officer on duty was stunned. It was just opening time, and someone was already reporting a crime, and it was an on-site report at that.
"Young lady, don't worry, sit down and tell me slowly. Also, I must remind you that filing a false report carries legal consequences!" the young officer said, looking at the young woman in front of him.
"Officer, I am not filing a false report, I have evidence!" Guan Yan said, putting on a fearful expression.
I have to say, Zhang Wuji's mother was absolutely right: the prettier a woman is, the better she is at lying.
Although Guan Yan wasn't lying, the look she put on was still very realistic...
There was actually evidence. The young officer took the phone and began to flip through the chat logs inside.
And Guan Yan began to recount what she had encountered.
"Officer, it's like this. I ordered a takeout, spicy hot pot, and it was stolen. Because I like spicy food, it was 'pervert-level' spicy inside..."
Honestly, the importance of an experienced Lawyer is not so much about what can be done after you have committed a crime and been caught.
Here, many people should actually know that for a Criminal Case, there really aren't as many points of defense as one might imagine.
However, an experienced Lawyer can allow you to take precautions before you encounter problems!
Didn't Zhang San say that he could commit the perfect crime and not be punished by the law?
Knowledge is truly power.
After listening to Guan Yan's account, combined with the evidence that had extremely strong probative value, the young officer couldn't stay calm.
What does this amount to? This is like having merit placed right in front of him!
He quickly called out his superior, and after a thorough investigation...
A few hours later, Guan Yan walked out with a Report Receipt in her hand, the little-girl look on her face instantly vanishing.
This is probably life.
Life is just so impermanent. For example, Li Hua from Jingzhou, after the trial, was sentenced to Criminal Detention with a Suspended Sentence of eight months.
Regarding this verdict, Li Hua decided not to Appeal.
Walking out of the Court, Li Guoliang and his wife looked at Zhou Xinran with truly immense gratitude.
"Lawyer Zhou, there's nothing more to say; you are our family's savior. I didn't expect that Hua-hua wouldn't even have to go to jail this time."
"That's right, Lawyer Zhou, it's just too good that she doesn't have to go to jail. Hua-hua, hurry up and thank Lawyer Zhou."
Li Guoliang looked at Li Hua beside him and said.
Li Hua once again put on a grateful appearance and said: "Thank you, Lawyer Zhou."
"It's nothing, it's nothing." Zhou Xinran revealed a smile: "This is what I should do, but I need to remind you that a Suspended Sentence does not mean everything is completely fine."
"You need to undergo Community Correction; you must cooperate well with the work of our Community Correction personnel, do you understand?"
"If you commit a crime during your Suspended Sentence, then no one will be able to save you."
Zhou Xinran was diligently reminding them.
Opposite her, Li Guoliang gave a distracted grunt, then immediately said they were going back to host a dinner to celebrate that his daughter was fine.
"This matter has been weighing on my heart for this period of time; it's finally resolved now, we must celebrate!"
"Lawyer Zhou, care to join us?"
"No need, no need, I'll head back first, I still have things to do."
The verdict was completed, and the engagement contract had already been fulfilled.
Zhou Xinran prepared to go back and summarize; she had said it herself, how could she always encounter bad people?
Look, wasn't this case very normal?
Zhou Xinran returned to the law firm, while time continued to flow, not stopping its pace for any one person.
Zhou Mouren's second video was released.
Although she was given a Suspended Sentence, it could be considered as having been sent in, and the most important thing was that her parents were reasonable.
Once the video was posted, it naturally drew dissatisfaction from the audience, with everyone expressing one after another that when facing this kind of person, one should not forgive her!
She should have been made to go to jail!
Of course, no one knew that Li Hua, who should have been very happy, locked herself in her room after returning home.
Perhaps it was because she had been outside for this period of time, perhaps it was because she didn't need to go to jail, but the experience of sitting on the Regret Chair before felt just like a dream.
And now, Li Hua felt that she was fine.
"Why is there such a calculating man in this world!"
The leader notified me to meet a client in the evening, so there might not be a third chapter.
Thanks to Emperor Kai Triumph, No Question Long Bow, Qianruoxi Cloud, double, and Book Friend 2021; thank you to these brothers for the tips, thank you.
(End of this chapter)
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