120: Zhou's rule should still be used

“Yes, Lawyer Zhou, criminal reconciliation. Currently, the other party has this intention. Do you have it on your side?”

Zhou Yun heard this and calmly said, “Prosecutor Li, what does the other party think?”

“Lawyer Zhou, the other party means that although he was at fault first, he was beaten so badly and hospitalized at the time, so he wants your side to pay his medical expenses.”

Zhou Yun almost laughed in anger when he heard this: “Prosecutor Li, given this situation, you’re saying the other party still wants us to pay? Is this reasonable?”

Procurator Li Huanshan on the other end of the phone also said helplessly: “But Lawyer Zhou, as a defense lawyer, you must consider the interests of your client, right? We can’t act on impulse.”

“If your side actively returns the 30,000 yuan of ill-gotten gains, and then obtains a letter of understanding, and pleads guilty and accepts punishment, there’s a high probability of getting a suspended sentence for this case.”

“After all, the other party has significant moral fault in the case, and the other party will also consider Zhang Yunfan’s retaliatory actions after his release from prison, so they will also want to reconcile. Let’s resolve this matter.”

Fairly speaking, as a prosecutor, Procurator Li Huanshan considered a lot. If Zhang Yunfan made some retaliatory moves after getting out, it would still be troublesome later.

So she believed that her side had considered everything very thoroughly.

Zhou Yun heard this and said, “Prosecutor Li, if it’s just a suspended sentence, then I think it will be difficult to reach an agreement. His wife cheated, and he caught them in the act, but ended up in prison himself. Although it’s a suspended sentence, he will still have a criminal record.”

“Do you think he would agree to that?”

Procurator Li Huanshan heard this and said, “Lawyer Zhou, how about this: you come tomorrow and meet with the other party, and then see if you can reach an agreement. I won’t force it; we are all voluntary.”

“However, if the ill-gotten gains are not returned, a suspended sentence is definitely impossible. You know this, Lawyer Zhou.”

“Yes, I know. Then I’ll go tomorrow.”

After hanging up the phone, Zhou Yun shook his head. If the other party had just said that returning the compensation might lead to non-prosecution, he would definitely take a gamble no matter what.

But if it was only for a suspended sentence, it was definitely impossible.

After thinking for a while, Zhou Yun dialed the phone and informed Zhang Yunfan’s mother of the situation.

Zhang Yunfan’s mother’s reply was simple: “Lawyer Zhou, you decide. No matter what happens in the end, we trust you.”

This is a golden reputation. If it were an ordinary criminal defense lawyer, they would have to talk to the family for a long time in this situation, but Zhou Yun was different; he directly said he would decide.

Putting down his phone, Zhou Yun continued to study the case file, but he was still thinking about the reporting time.

Why did the other party only report it a month later? This was very illogical.

In current criminal cases, victims generally want to report the case on the same day. Anyone with a little common sense knows that the longer the delay, the higher the possibility of it not being accepted.

In practice, it is generally victims of rape cases who report after a period of time, but this period is usually around a week, and it is very rare for it to be a month.

While thinking, Zhou Yun continued to look at other evidence.

There were two key pieces of evidence: one was the WeChat transfer record, and the other was the video from that time.

This video was retrieved from Zhang Yunfan’s phone.

Zhou Yun clicked to watch, and he quickly understood why Zhang Yunfan had been hesitant when recounting the story; no one would want to talk about this situation.

Because when Zhang Yunfan entered, the cuckold was also entering.

However, this was not the main point. Continuing to watch, it was similar to his account: he went in and immediately started fighting.

It could be seen that the man was frightened, or rather, he didn’t react at all. He didn’t resist when he was being beaten and quickly ended up with a bloody head.

Combining this with the injury assessment in the evidence, it was known that the cuckold named Liu Jiale suffered minor injuries at the time.

Soon it came to the crucial part: Zhang Yunfan, in a fit of rage, said he would send the video to the other party’s relatives and friends.

Then, Liu Jiale offered to pay compensation, which Zhang Yunfan initially refused.

But then Liu Jiale said, “Given this situation, it’s useless even if you kill me; it’s better to take some money.” Zhang Yunfan thought about it and agreed.

Zhou Yun’s expression was serious. This was crucial evidence: there was a threat, and then under threat, the other party offered money, and his side accepted.

Although this was not the traditional “If you don’t give me money, I’ll sue you” type of behavior, it still met the elements of the crime of extortion.

Your threat creates fear in the other party, causing them to dispose of their property, and then you obtain that property. In that case, there is no problem in classifying it as extortion.

The video was only that long. According to Zhang Yunfan’s account, the two sides then haggled, and he thought that 10,000 yuan was too little for destroying someone else’s family, so he asked for 100,000 yuan.

However, Liu Jiale said he didn’t have that much money, so he compensated 30,000 yuan and signed a guarantee, stating that if he contacted Zhang Yunfan’s wife again later, he would pay another 70,000 yuan.

All of this was reflected in the evidence.

Zhou Yun had basically finished reviewing the case file. He stood up and paced back and forth in the office. From the existing evidence, even if the case went to Court, there was a high probability of a conviction.

This was the truth. Lawyers are not gods. Although Zhou Yun was a bit special, all his actions had to be based on legal regulations.

After walking for a while, Zhou Yun began to write in his notebook.

First, the victim only reported the case a month later, which is somewhat illogical. Something might have happened within that month, and further communication with the client is needed.

Although the Public Security Bureau must have also investigated, to be honest, when the evidence is very sufficient, the investigation of the victim might not be as thorough.

Second, try to make the illegal demand for money legal.

The Civil Code states a lot, but the general meaning is that one cannot demand money from a third party. However, can it be argued from a legal perspective to see if there are supporting regulations?

If there is a legal basis, then it cannot be considered illegal possession.

Writing here, Zhou Yun hesitated for a moment, then wrote down three words: spousal rights.

Spousal rights, this is a right that has been highly controversial in both theoretical and practical circles in the previous life, and it is not explicitly stipulated in China’s current legal system.

But this is a key to obtaining a not-guilty verdict in this case!

If spousal rights can truly be clarified, then it would be easy to argue. Setting aside the content of the marriage and family section, starting from the perspective of tort liability, one could pursue the path of joint infringement.

Thinking this way, Zhou Yun began to draw a structural diagram on paper, but no matter what, it is still very difficult to convince a criminal Court judge in a criminal case.

After thinking carefully for a long time, Zhou Yun finally had a plan: Zhou’s Law, Article 3: You fight your fight, I fight mine!

It is essential to take the initiative in the case.

Since that’s the case, why not simply help Zhang Yunfan file a lawsuit based on spousal rights!

The lawsuit would be filed in Nanyun District Court, after all, the infringing act… that is, the adultery, occurred in Nanyun District, so there are no issues.

Then, as long as this lawsuit can be won, the criminal case will naturally be resolved, because Zhang Yunfan’s act of demanding money will have a legal basis and will no longer be considered illegal possession.

Since it’s not illegal possession, then it’s certainly not extortion.

Furthermore, if the Civil Division of Nanyun District Court rules on it, the Criminal Division will certainly not stubbornly insist on a guilty verdict, and the Procuratorate will have nothing to say.

However, this would require time, so a way must be found to delay and prevent the Procuratorate from reviewing and prosecuting too quickly.