What's wrong with this lawyer?!

Chapter 959: Chapter 310: Old Zhou: When will I ever have a typical case?

Zhang Wei was steadfast. He believed that as Master Tang’s apprentice, he ought to learn from Master Tang when working on cases.

One must be steadfast when it’s necessary to be!

So what if he offends someone? Whatever you do, you’ll offend someone. As the chief says, if you’re afraid of offending people, you might as well go home and lie down—why even bother working?

Xia Guangling didn’t expect Zhang Wei to say such things. Her complexion grew unsightly, but she didn’t continue to argue there and instead, left directly.

The first trial has already concluded; arguing now is meaningless.

The point of contention between the two sides is simple: the nature of the money Lan Baosheng sought through his whistle-blowing.

The prosecution believes that Lan Baosheng threatened to extort money under the guise of blowing the whistle, which makes it illicitly gained money.

If he wanted severance pay, he could have gone through the proper channels, therefore, he should be sentenced for the crime of extortion.

But Master Tang believes that whistleblowing on illegal activities is every citizen’s right and duty, and Lan Baosheng’s whistleblowing doesn’t constitute a threat as seen in the crime of extortion.

The reason is simple: from start to finish, Lan Baosheng never actively demanded money under the pretext of whistleblowing!

Whether it’s the several active invitations or segments of recorded audio, all can prove that Lan Baosheng never had the intention to solicit money through whistleblowing, and he even initiated labor arbitration after their third conversation.

Therefore, upon comprehensive judgment, the final fifty thousand yuan he sought should be considered severance pay, and as severance pay, it is a legal income.

And the core of extortion is: the purpose of illicit possession!

In practice, such cases are highly controversial, or to put it differently, the crime of extortion itself is highly contentious.

Yes, you are reading it right. It’s not only us ordinary people who find it puzzling, but even within the judiciary, the Procuratorate, and the academic circles, there is a great deal of controversy over this charge.

From the early case of Guo Li, to the recent case of Li someone, the boundary between exercising rights legitimately and the crime of extortion remains very blurry.

The criminal law says “with the purpose of illicit possession,” but this is a subjective criterion.

In legal reasoning, the evidence of the Procuratorate must be exclusive, proving the suspect has the intent of illicit possession, that they must have threatened the victim, instilling fear, and causing the victim to dispose of property, with the suspect profiting from said property.

Only under these conditions can a conviction be made.

Otherwise, if the evidence is insufficient, there should be the presumption of innocence, but… practice is obviously not the same as what’s written in the books.

To further explore, if the purpose and reasoning for a claim is legitimate, can the amount of the claim be considered evidence of intent for illicit possession?

What we often call the “lion’s share” in claims, does that count as extortion?

The contention is also quite high; some believe that significantly higher claims in practice can determine the purpose of illicit possession.

But, others argue that since the law doesn’t stipulate a cap on the amount of compensation, no matter how much money is demanded, it should be seen as an expression of autonomy of will, and should not serve as the boundary between crime and innocence.

Both views have case precedents in practice… and that’s where the controversy lies.

Law is never as some people imagine, it is not wrong to insist on a different viewpoint…

Zhang Wei watched as the other party left, then came over to the gallery: “Ms. Wang, now that the Procuratorate wants to appeal, it looks like your husband might have to stay in there a bit longer.”

Normally the first instance judgment becomes effective after ten days, but with the Procuratorate’s appeal, it’s like starting a second trial, so we must wait for the outcome of the appeal.

Wang Wenyan was initially very happy, but after seeing the conflict here, she began to worry again and could only nod her head in response, sighing.

Lan Baosheng was also once again taken away by the Court Police. He was already very excited when he was acquitted, but then was disheartened upon hearing that the Procuratorate intended to appeal.

After consoling the family member, Zhang Wei went outside and made a phone call.

“Hello, Chief, the first trial resulted in an acquittal, but the Procuratorate is saying they want to appeal…”

On the phone, Master Tang’s voice came through: “Let them appeal, it’s fine, I can’t leave the hospital for now, please keep an eye on things.”

Zhang Wei immediately replied: “Understood, Chief!”

In the hospital, Master Tang put down the phone, anticipating the Procuratorate’s appeal; not to mention other factors, the case had been already approved for arrest and under such circumstances, an acquittal would likely invite an appeal.

Unsaid yet true, the Guangming District Court did well to acquit in this situation, definitely withstanding great pressure.

If that’s the case, then he must certainly lend a hand.

Why does Master Tang think this case has a high likelihood of being included in the case law repository as a typical case? On one hand, it’s because this case is very special.

Severance pay and extortion—these two terms together are inherently compelling.

Nowadays, there’s indeed a great dispute regarding extortion, with blurry boundaries. However, Master Tang feels that, in the current environment, at least the Supreme Court needs to define the scope when it comes to labor issues!

Although there were no similar cases in his past life, back then in the capital city, he had already discerned this trend.

And he could add fuel to the fire, that is, release a video.

Such a hot topic, combined with his own popularity, would ensure that this case becomes a typical example!

It also serves as due respect to Old Zhou; otherwise, he’s always talking about not taking care of the Guangming District Court, but look, isn’t this taking care of it? That’s great.

Soon after, Wang Qingqing came in from outside ready to speak, but Master Tang preemptively said: “Remember to bring me my ‘Social Psychology’ book when you come back later.”