On January 27, the trial of Chongqing contractor Yi Zhenwu “secretly filmed Zhang Jiahui playing mahjong” extortion case again, lasting more than five hours after the court adjourned. The court said that the panel will decide whether to hold a third hearing or to deliver the verdict on a later date after the recess.
The interruption of the trial of the contractor “secretly filming Zhang Jiahui playing mahjong” extortion case in Chongqing Wanzhou District Court on January 27
Participants in the trial said on January 28, the focus of the trial that day is whether Yi Zhenwu has the intention of illegal possession of other people’s property, the prosecution and defense and Zhang Jiahui’s husband Liu Yansheng’s legal representative around this focus of the debate.
The defense of Yi Zhenwu believes that Yi Zhenwu does not have the “purpose of illegal possession” of the criminal law, its purpose is to negotiate, demand for labor engineering money, should not be considered extortion crime.
However, the prosecution believes that Yi Zhenwu extorted and blackmailed other people’s property, the amount is particularly huge, the facts of the crime are clear, the evidence is solid and sufficient, should be held criminally responsible for extortion and blackmail. It is recommended that he be sentenced to more than 10 years of fixed-term imprisonment and a fine.
On December 4, 2020, the First Intermediate People’s Court of Hainan Province publicly pronounced the verdict of the first trial on the case of bribery, administrative abuse of justice and fraud against Zhang Jiahui, former vice president of the Hainan Provincial High Court, who was sentenced to 18 years in prison, and the court found that she illegally received a total of RMB 43.75 million in property.
Focus 1: Whether Yi Zhenwu can claim the money from Liu Yansheng
The indictment of Wanzhou District Procuratorate against Yi Zhenwu shows that in June 2014, Yi Zhenwu and Yi Shuangquan jointly financed the construction work of Huajun Hotel, which was invested and built by Hainan Dinas Investment Co.
Wanzhou District Procuratorate’s indictment for Yi Zhenwu’s case involving extortion.
On November 9, 2017, Yi Zhenwu and Liu Yansheng, general manager of Dinas Company, and other people negotiated and settled for several times to determine the total project settlement amount of 22.6 million yuan and signed the Settlement Agreement. in January 2018, the labor project payment was fully settled.
The indictment alleges that in April 2017, Yi Zhenwu, on the grounds that the project payment had not been settled clearly, mailed to Zhang Jiahui the audio of Liu Yansheng’s once quietly recorded boasting about a central leader’s unclean remarks on the economy and the video of Zhang Jiahui, as Liu Yansheng’s wife with civil servant status, playing mahjong, threatening to release the audio and video on the information network to demand money. After watching the audio and video, Liu Yansheng negotiated with Yi Zhenwu and agreed to pay 2 million yuan. And on May 30 of the same year through a bank transfer to pay Yi Zhenwu 500,000 yuan, and subsequently reported to the public security organs. Yi Zhenwu was arrested to the case on June 14, 2018.
For the 2 million yuan, Yi Zhenwu said in his confession materials that the payment included 1.59 million yuan for the rental of machinery and equipment, lost wages, management fees, etc., 400,000 yuan generated from the change of aerated bricks to red bricks, 140,000 yuan for roof and canopy tile decoration cut, and 120,000 yuan for changes and increased project payments cut, totaling 2.25 million yuan. on May 16, 2018, Liu Yansheng flew to Wanzhou to negotiate with him, saying that on October 7, 2017 on October 7 gave 300,000 labor costs, which 300,000 to be subtracted from 2.25 million, that is, 1.95 million yuan. “I said for the sake of my loss, simply or give me 50,000 more, a total of 2 million on the line.”
According to the participants of the trial, the trial, Yi Zhenwu can negotiate with Liu Yuan Sheng to collect the project money into one of the focus of debate.
Liu Yuansheng’s litigation agent believes that Yi Zhenwu in all the project money has been settled, and no personal relationship with Liu Yuansheng between any debt, to Liu Yuansheng personal has demanded 300,000 yuan, 2 million yuan (attempted 500,000 yuan) money into the stock market, its purpose has obvious impropriety.
However, Yi Zhenwu’s defense argues that the evidence of the case fully proves that Yi Zhenwu is the actual constructor of the project in question and enjoys the ultimate right. Although the contract was signed by Guangxi Zhuang Autonomous Region Metallurgical Construction Company (hereinafter referred to as: Guangye Company) and Rongwen Company, the substance of the contract was all set by Liu Yansheng, who was the one who played the decisive role, and it was all settled by Yi Zhenwu with Liu Yansheng. From the negotiation and signing, Liu Yansheng signed on behalf of Guangye Company, including the memorandum, the confirmation letter and the Settlement Agreement were all signed by Liu Yansheng on behalf of Party A. Liu Yansheng is the actual boss of Dinas, and Yi Zhenwu has the right to ask Liu Yansheng for the project money.
His defense also argued that the Settlement Agreement could not be considered as a final settlement because Article 6 of it stipulated that “other outstanding matters shall be determined by the parties through separate negotiations”, which did not finish resolving the disputed issues, so Yi Zhenwu had the reason to go back to Liu Yansheng for the relevant payment.
Yi Zhenwu used Article 6 of the Settlement Agreement to ask Liu Yansheng for the construction money.
Focus two: whether there is the intention of illegal possession of other people’s property
The participants of the trial said that the most important focus of the trial that day was whether Yi Zhenwu had the intention to illegally take possession of other people’s property.
Liu Yuansheng’s litigation agent believes that Yi Zhenwu pestered Liu Yuansheng and demanded money from him because he knew that Guangye would only settle in strict accordance with the “Hainan Huajun Hotel labor contract” of more than 19.07 million yuan, it is impossible to overpay. In order to demand extra money, Yi Zhenwu premeditatedly filmed the audio and video against Liu Yansheng and his Family, and used it to blackmail Liu Yansheng, who was forced to participate in coordinating the settlement and agreed to pay an extra amount of more than 3.52 million yuan on behalf of Dinas, and the project was finally settled with 22.6 million yuan. After the settlement was completed, Yi Zhenwu continued to demand 300,000 yuan and 2 million yuan from Liu Yansheng personally twice, and Liu Yansheng was forced to back down step by step, and the payments were all made based on fear after being coerced by Yi Zhenwu. Yi Zhenwu’s purpose has obvious impropriety, should be held criminally responsible for extortion and blackmail.
Yi Zhenwu before being taken into custody.
The prosecution argued in court that the Settlement Agreement signed on November 9, 2017 has been fulfilled, was signed on the premise of equality and voluntariness, there is no fraud and coercion, the meaning is true, there is no omission of items, unfinished matters, the Settlement Agreement includes the amount, increase in area, lost wages, there is no omission.
The public prosecution believes that, according to the Contract Law, the contract has been performed and the relevant rights have been extinguished. According to the relativity of the contract, Yi Zhenwu can only find the issuer, not Liu Yansheng, let alone Zhang Jiahui, and the 500,000 yuan demanded was not handed over to Yi Shuangquan, nor did he inform Yan Zongwen, the legal representative of Rongwen Company, so Yi Zhenwu had the purpose of illegally taking other people’s property.
In this regard, Yi Zhenwu’s defender said in court, Yi Zhenwu signed the Settlement Agreement after contacting Liu Yansheng to request payment of 2.25 million yuan cut off for no reason, there is a basis, Yi Zhenwu is not asking Liu Yansheng to pay 2.25 million yuan out of thin air, its subjective is to get back this part of the cut off costs, no illegal possession of other people’s money and property purposes.
Public prosecution opinion: the proposed sentence of more than ten years and a fine
Participants in the trial, the trial process, Liu Yansheng’s litigation agent that Yi Zhenwu’s repeated acts of extortion to Liu Yansheng and his family’s work and Life has brought serious impact and caused serious mental trauma, requesting the court based on facts and evidence, according to the law to investigate Yi Zhenwu extortion criminal responsibility, and the recovery of 800,000 yuan extortion money returned to the victim in accordance with the law.
The public prosecutor issued a prosecutorial opinion that Yi Zhenwu extortion and blackmail of other people’s property, a particularly large amount, his behavior violated Article 274 of the Criminal Law, the facts of the crime are clear, the evidence is true and sufficient, to secretly record the way to threaten Liu Yansheng, so that Liu Yansheng afraid of affecting the future of his wife as a civil servant, demanded money, should be held criminally responsible for the crime of extortion and blackmail. It is recommended that he be sentenced to more than ten years of fixed-term imprisonment and a fine.
However, Yi Zhenwu’s defense believes that Yi Zhenwu subjectively does not have the “purpose of illegal possession”, the use of audio and video to demand money for the project is the nature of civil coercion, does not constitute a threat, blackmail in criminal law. Accordingly, the defense pleaded with the court to acquit Yi Zhenwu in accordance with the law.
Participants in the trial said Yi Zhenwu said in his final statement, his only fault is not quite know how to demand his settlement according to the law, there may be less than normal channels to ask for money he is no way, and in the past he did not have a criminal record. He can accept a loss, but can not accept Liu Yansheng forced him to lose money.
Yi Zhenwu said that he signed the Settlement Agreement only under the threat and malicious delay, and he also negotiated with Liu Yansheng in accordance with the agreement of Article 6 of the Settlement Agreement. He believes that he was forced to do so under the circumstances. He did not have the purpose of extortion and blackmail, but only negotiation, and it was Liu Yansheng who imposed on his legitimate labor. He should not be guilty of extortion.
Yi Zhenwu’s brother, Yi Shuangquan, claimed that Zhang Jiahui illegally received more than 40 million yuan in property before he was sentenced to more than ten years. Yi Zhenwu is currently charged with only 2 million yuan (500,000 yuan for res ipsa loquitur), which makes it hard to accept if the sentence is more than 10 years.
The presiding judge finally said that through the court investigation and debate, the full court will review the case based on the facts and evidence identified at the trial and fully consider the views of the prosecution and defense and the litigation agent. After the collegium adjourns to deliberate, it will decide whether to hold a third session or to deliver the verdict on a later date.
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