Not long ago, the King&Capital lawyers Jin Jie, Yang Wen, agent of Liu Moumou mother and son suspected of extortion, the lawyers collect new evidence, apply for investigation, prosecution, trial and defense of the four parties to investigate the scene, the court hearing the prosecutor withdrew the prosecution, made the decision not to prosecute. Released from custody out of the detention center of Liu Moumou, the first time to call Jin Jie lawyer, heartfelt thanks to the two lawyers to make the defense of innocence.

A few years ago, Liu's father contracted a mining site, occupying the land used by himself, but also through the replacement of compensation, occupying the land used by other villagers. Later, due to the integration of mining resources, Liu transferred the contracted mining site to a mining company. The transfer contract agreed on the transfer fee and the compensation for the expanded mining occupation. After the mining company paid the transfer fee, Liu's father died of illness. The mining company expanded its mining area to occupy the land agreed in the contract. Liu moumou's mother Zhou moumou because of the frail and sick in urgent need of money, according to the contract many times to find the company to claim compensation, the delay is not paid in full. Zhou Moumou and repeatedly ran to the mining site to demand payment of compensation, but were ignored, Zhou Moumou in a fit of pique, to stop the shovel operation. Mining company after planning to Zhou Moumou extortion police. Because Liu Moumou had accompanied his mother with his sister to the mining company to get compensation and drive his mother to the mining site to claim compensation, the police to extortion and blackmail on Liu Moumou criminal detention, Zhou Moumou on bail pending trial.

Jinjie and Yang Wen lawyers in Liu was detained after the defense work, after meeting and investigation, Liu and his mother Zhoumoumou does not constitute the crime of extortion and blackmail. Zhou moumou demand is the transfer contract agreed by the mining company should pay compensation, belong to the legitimate interests, although there is to prevent the shovel operation behavior, but the frail Zhou moumou to mining operations and not much substantial obstruction. Liu moumou only with his sister to accompany his mother to the mining company to get compensation, drive his mother to the mining site and no extortion. To this end, Jin Jie and Yang Wen lawyers according to the facts, immediately to the investigating authorities submitted to the bail pending trial application and insufficient evidence does not constitute a crime of lawyers, but the investigating authorities did not adopt. The case was soon submitted to the arrest, in the review and approval stage, the lawyer and timely to the procuratorial organs to submit a lawyer's opinion not to approve the arrest, further statement of Liu does not constitute a crime. But the procuratorial authorities also did not adopt the views of the defense, Liu Moumou approved arrest.

Insufficient evidence in this case does not constitute the crime of extortion, why the investigating and arresting authorities insist on finding a crime? Jin Jie and Yang Wen lawyer felt that the case is not so simple. To this end, Jin Jie and Yang Wen lawyer on the background of the case carried out some investigation and careful combing. From the investigation of the situation analysis, the reason why the mining company did not pay all the compensation, because LiuMouMou's father died, detailed compensation based on the family do not know, the specific circumstances are not clear, can rely on the past. Mining company's to plan to sue LiuMouMou mother and son extortion, there is an important reason, is mining also occupied other villagers' land, always a part of the villagers are also looking for mining company to ask for compensation for the occupation of land. In order to deal with the villagers, to charge Liu Moumou mother and son as a breakthrough, attempting to criminal means to pursue Liu Moumou mother and son of criminal responsibility, to achieve the purpose of killing the chicken to the monkey, Liu Moumou mother and son of criminal coercive measures taken, some of the villagers are afraid of being arrested, for a time, but also do not dare to go to the compensation.

Figuring out the background, Jin Jie and Yang Wen lawyer decided to study, must find a way to collect evidence, and strive to use conclusive evidence, strengthen the defense of innocence. At the same time also prepared for the defense of the most difficult plan. Because in this context of planning a conviction, there is also the possibility of conviction and punishment, after all, Zhou Moumou has obstructed the mining operation, the amount of compensation offered in anger is higher. Jin Jie and Yang Wen according to Liu Moumou introduced his father has an office record of the habit to judge, his father may leave some of the records of the year, but so many years can still be who can not say. So, Jinjie and Yang Wen to find Liu Moumou's relatives repeatedly asked, his father died left what things, Liu Moumou's relatives with Jinjie and Yang Wen to his mother Zhou Moumou's residence, seriously find. The effort was not unexpected, as expected, in his father left a bag to find the year contracting, transfer, occupying land, land exchange and compensation for the villagers signed receipts and other stamped contracts and other documentary evidence. This major harvest let Jin Jie and Yang Wen was overjoyed, these evidence can not only prove that Liu Moumou's father when the process of subcontracting, but also can prove that Liu Moumou's mother claiming compensation for land occupation is based on. At the same time, Jin Jie and Yang Wen also combined with the collection of documentary evidence, and look for the year's informants and parties to supplement the witness testimony. Although some of the parties were afraid to testify, but the new evidence collected is sufficient to prove that Liu Moumou mother and son does not constitute a crime. Combined with the newly collected evidence, Jin Jie and Yang Wen lawyers drafted a new lawyer's opinion, in the examination and prosecution stage submitted to the prosecuting authorities. However, did not expect the case will soon be prosecuted, the defense of the key and difficult stage or came, it seems that the court will have a war of words.

Jin Jie and Yang Wen, as usual, well-prepared, in the court of first instance, against the prosecution's evidence, put forward substantive questions, and the use of newly collected evidence, a comprehensive denial of the facts of the prosecution's allegations. For the defense's new evidence, the prosecution did not make substantive negative comments, except that it did not think it had been checked and disputed its authenticity. In view of the new evidence presented by the defense, which negated the facts and characterization of the prosecution's indictment, the prosecuting and investigating authorities did not review, the court had to adjourn, and recommended that the prosecuting authorities review the case before the court. The first defense, the defense took the initiative, but also clearly affect the court. The second session, the defense's new evidence, although reviewed by the investigating authorities, but did not put forward negative evidence. During the trial, the defense completely influenced the court. The court finally for the defense submitted mining occupation location map for verification, but because there is no on-site visual sense, the court verification is relatively fuzzy. Jinjie lawyers consider, determine the mining and information occupation position, for ZhouMouMou claim compensation basis is crucial, the judge has not been to the scene, in the court to check the location map, it is difficult to have perceptual understanding, lack of three-dimensional feeling. Jinjie timely proposal court can be adjourned, the prosecution, defense and trial of the three parties to the scene to check the location, and then come back to the court debate, as long as the location of the map and the scene to check the same, the results of the case will be clearer. The judge asked the prosecutor's opinion, adopted Jinjie's suggestion. Immediately thereafter, the prosecution, defense and trial of the tripartite drive, accompanied by investigators, four-way to the scene of the investigation, after checking, the scene and the defense drew the location of the map is consistent. In the investigation site, the prosecution, defense and trial of the three parties on the facts of the case and other issues, and then carried out a healthy communication. So far, mining and information occupies a clear fact, Zhou Moumou demand compensation lawful, as to how much is a civil dispute, not a criminal case.

The debate in court again, it is more logical to confirm the defense's opinion is correct. In the end, the court and the prosecuting authorities, the prosecuting authorities withdrew the prosecution, Liu Moumou and Zhou Moumou because of the discovery of new evidence, to insufficient evidence, does not meet the prosecution standard to make the decision not to prosecute. In this case, King&Capital lawyer's professionalism, dedication and driving in the trial, to the court and the public prosecutor left a good impression, but also in the local detention center, the court and the prosecutor's office to leave a story to circulate.