Xu Zhian didn't understand the law, so he thought about this matter with the simplest morality.
Fat Heiyuan and eight people were in vain to force him to sign the IOU. If nothing happened, the society would have been in chaos.
How evil can the human heart be?
This is wrong and does not conform to people’s most basic yearning for fairness and justice.
No matter what, people like them shouldn't be allowed to do whatever they want.
Sure enough, the lawyer told him that these people's behavior was suspected of extortion and was of a vile nature.
The lawyer said that these eight people asked Su Jianguo and Xu Wei for money. Even if their words and actions were excessive, it would not constitute a crime of extortion.
Blackmail must have the subjective purpose of illegally extorting property from others.
Su Jianguo and Xu Wei originally owed money to these people. What they wanted was their own money and had no purpose of extorting other people's property.
But Xu Zhian doesn’t owe these people money.
They used threats to threaten the lives of his relatives, causing him to feel fear and sign the IOU as a guarantor against his true intentions.
The purpose of these people is to force Xu Zhian to take responsibility for this debt in a legal way.
Subjectively, it has the purpose of illegally extorting other people's property.
This is not the first time these people have done this.
I've done it before, nothing happened.
It’s not that no victim has called the police, there are quite a few who have.
After calling the police, nothing happened.
The public security organs also intervened in the investigation, but could not collect any effective evidence of their extortion.
It was useless to tell the police that there was this witness or that witness who could testify.
Some of the people watching the excitement knew Fat Heiyuan's background, knew that these people were not good people, and did not want to cause trouble for themselves, so they were not willing to testify at all.
Even if the police came to the door, they would not know anything about it.
A stranger who doesn't know these people can tell a thing or two. It's too late to hide, so how can he possibly testify?
In this case, the key evidence is the witness testimony.
If the witnesses don't speak, the public security organs can't do anything to these people.
People have nothing to do with themselves, and their indifferent attitude further encourages these people's arrogance.
That's why they dared to go to the construction site unscrupulously and openly threaten Xu Zhian with his life.
The lawyer Mingrui found for Xu Zhian was a senior criminal defense lawyer in Wei City, so he knew the key to this.
After understanding the case, he was not in a hurry to call the police, but fixed the evidence as soon as possible.
The lawyer went to the construction site with a notary and notarized the collection of witness statements, surveillance videos, and even the scene.
Two notaries notarized the entire audio and video process to ensure the authenticity, legality and validity of the evidence.
Originally, these tasks were done by the public security organs, but it takes a certain amount of time from the time when the public security organs call the police, to file a case, and then to case investigators to intervene in the investigation.
The longer the time, the greater the variables, and many key evidences will be lost.
For example, surveillance, witnesses may retort at any time, and people who do not understand the law may damage the scene without knowing the severity.
The monitoring capacity of Guanyun Cemetery is limited, and it is set up with 72-hour cycle coverage.
What a risk, if it's a little later, the monitoring content of the past few days will be overwritten by the new monitoring content.
Of course, there is no surveillance in the Caigang room. If there were surveillance, these people wouldn't be so stupid and leave clues.
However, the entrance to the construction site and critical areas are monitored.
Fortunately, it was collected in time.
The surveillance content includes videos of these people entering and exiting the construction site. At least through surveillance, their identities and presence can be directly confirmed.
This can save the public security organs a lot of investigation time.
We also recorded some of the circumstances of sending Su Jianguo to the hospital, which together with the rescue records of his treatment at the hospital that day formed a complete chain of evidence, which can prove that the lives of Xu Zhian's relatives were in danger at that time.
Once the evidence is fixed, the rest will fall into place.
Notarized evidence has the strongest probative power, making it easier for the public security organs to verify and enjoy the results.
On the day the police were called, the eight people were detained one after another.
This case was classified as a joint crime, so of course no one could escape.
Fat Heiyuan never expected that he would end up here. In the detention center, he was so regretful that he kept mumbling:
"Tell me, why am I going to the cemetery when I have nothing to do? Why don't I seek death and bury myself?"
Their lawyers quickly intervened and estimated that the arrest period in this case might be extended to the legal maximum of 37 days.
After all, it was a joint crime, with as many as eight people involved. Even if the public security organs took notes for these people, it would take some time.
Therefore, arrests will not be made too quickly.
These 37 days are the prime time for criminal suspects in criminal cases. Lawyers must do their best to help these people during the criminal detention stage and obtain bail pending trial during the investigation stage.
Once a criminal suspect is arrested by the procuratorate, it will be even more difficult to get bail.
Unexpectedly, on the seventh day of his detention, the procuratorate approved the arrest warrant from the public security agency.
The eight lawyers were caught off guard.
During the investigation stage, the suspect's lawyer cannot access the case file, but it is not a good thing that the procuratorate will approve the arrest so quickly.
I can only explain one thing: the evidence in this case is basically conclusive.
Later, when the case was transferred to the procuratorate, the lawyers realized that the evidence was already conclusive when the case was filed.
There is no way, no matter how awesome the lawyer is, there is nothing he can do in this situation.
In the face of solid and sufficient evidence, the lawyers shattered the illusion that the eight of them would plead not guilty.
They made it clear to these eight people that based on the available evidence, there was no question of guilt or innocence in this case.
There is little point in making a plea of not guilty.
If they insist on a not guilty plea, there will be no sentencing circumstances for confession and repentance. The court may determine that they are subjectively vicious and will not give a lighter sentence.
Of course, if you don't plead guilty, you won't have the opportunity and position to win the forgiveness of the victim Xu Zhian, and there will be less of a mitigating sentencing circumstance.
The effect of these sentencing circumstances on the principal criminal, Fat Heiyuan, may not be obvious.
But for other accomplices, it plays a vital role.
This determines whether they will receive a suspended sentence.
The most direct impact was on two boys, one under 20 years old and the other who had just turned 18.
These two people were brought here by their friends to support Fat Heiyuan just to make a little money.
I never thought that I would go to the cemetery with my friends to earn 150 yuan for food, and I would get into trouble.
It's the result of being young and ignorant and not understanding the law.
In fact, in the process of collecting debts, these usurers are constantly testing the boundaries between sin and sin.
A common method is to find a few helpers, find the person who owes money, illegally restrict their personal freedom, and force them to pay.
People who understand the law are under house arrest, verbal threats, not taking action, and will control time well.
Insurance practice, no more than six hours.
There are also no more than 12 hours or 24 hours.
Of course there are longer ones too.
The premise is not to leave any evidence to the other party.
Otherwise, it will be suspected of illegal detention, and even if it does not constitute a criminal offense, you will be punished.
There are also situations where violence or other coercive means are used during illegal detention, causing disability, serious injury, or even death. This involves several crimes.
Then there is the situation of Xu Zhian.
Once verified, these helpers become accomplices and cannot escape legal punishment.
However, the two boys in this case are a little special.
Xu Zhian only learned about their specialness when their defense lawyers approached him.
