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source:Industry News release time:2020-12-03 Article author:sznbone Popular:Prison Jamming system
A while ago, there was a sensational 251 case in the IT industry. He sued Li for extortion for 300,000 yuan. The final verdict was insufficient evidence. According to the defendant Li’s report, the most important thing to protect him is that he recorded the conversation between him and his supervisor about the resignation process with a recording pen. The recording proved that the resignation was confirmed in the "friendly chat and laugh", and he repeated it in the recording. Confirm to the supervisor that the 300,000 is legal and compliant.
Three hundred thousand is not a small number. It's hard to understand why it can be so friendly to Li. There are all possible situations. We can make a reasonable hypothetical scenario: in a certain situation, if we are in a similar situation, we need to pay the other party an undue fee in a face and friendly atmosphere to cover up some embarrassing and not illegal things.
But I didn’t expect the follow-up to develop until we had to make it clear that this fee was forced to give to the other party, otherwise we would face illegal charges such as corruption or partner corruption. In order to avoid these allegations, the only way may be to sue the other party for extortion. In this scene, the other party has mental arithmetic and unintentional, and recorded in advance, what should we do?
Some friends think that the only way to deal with mental arithmetic and unintentional is to be on guard at all times, and buy a voice recorder or an anti-recorder jammer. This reminds me that many parents don’t worry about their children traveling far away. They are always educating their children to dike water from strangers. They can’t borrow phones casually. They also need to beware of strangers’ sweets, fruits, and even strike up conversations. Don’t give help or click on WeChat. Like, bargain, etc.
Everyone is on guard, turning a pleasant trip into a boring lonely wall, and turning a lively cute child into a 360-degree defensive hedgehog. And beware of recording everywhere or interfering with recordings at work. Not only will you not have a happy and cooperative mentality to cooperate with colleagues, it may directly lead to conflicts between you and the leader, such as interfering with the leader's normal recording without knowing it. And the person who is deliberately framed you is likely to buy a more advanced recorder and avoid the jammer.
When I buy a voice recorder or an anti-recorder jammer at work, what should I do? I personally think that in a normal modern society, as long as it is normal and does not hinder the free activities of others, the main purpose of the law is to protect every Personal normal and open activities and exchanges, the law should be able to protect people from being a hedgehog, as long as they have moderate contacts, they can make a lot of interesting friends on the trip safely; as long as they are moderate, they do not need to buy any advanced recording equipment. Work happily with colleagues with an open mind. A friend asked, what is moderation? Let's first learn some basic common sense of law with the hypothetical case of recording blackmail. To make it clear, we must first distinguish the main difference between false accusation and insufficient evidence.
Article 243 of the Criminal Law of the People’s Republic of China [Crimes of False Accusation and Framing] refers to fabricating facts, false accusations and framing others, with the intent of making others subject to criminal investigation. Insufficient evidence refers to the fact that the main factual materials on which the case is determined during the litigation process are not sufficient as the basis for determining the case. Evidence is the basis for proving (case) facts, and all facts that prove the true circumstances of the case are all evidence.
The issue of evidence is the key core issue of litigation. In fact, all litigation activities are carried out around the collection and use of evidence. The issue of evidence has always been a key issue in litigation. Only by correctly identifying the case can the law be correctly applied and the case handled correctly. We will leave evidence for everything we have done. For example, if we paid 300,000, there must be a record in the bank. This is the evidence. The evidence is relative. In order to deal with the ironclad evidence of the transfer of 300,000 yuan, Li provided a recording in an attempt to prove that the 300,000 yuan was determined in a friendly atmosphere to prove that this was not blackmail. However, a careful analysis of Li's lawyer's report reveals two key points: "talking and laughing in a friendly manner" and "confirming that the 300,000 is legal and compliant."
Regarding these two key points, if we encounter a scene where we are blackmailed and we must accept the blackmail and settle it peacefully, the correct response is very simple. First, in the face of the blackmailer, I must helplessly accept it, and I must not be angry. . Being angry can't solve the problem, but we really don't have to put on a smiling face. Being kind but keeping a certain emotion can help us cope with the recording. Second, if the other party repeatedly "confirms that the 300,000 yuan is legal and compliant", they will tell the other party that the company will not and cannot give the money, and only a few related people can pool the money to him. Because logically, a person who really wants money instead of looking for things will not repeatedly "confirm that this 300,000 is legal and compliant."
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