As a Lawyer, You Sent the Judge In? Chapter 143

Chapter 143 Do you want to argue a few more words? Defeat a hammer!

 Du Linmu banged the gavel and after reminding Li Shuangjun, his eyes swept over the court hearing.

As the chief judge, he has tried no less than a hundred cases, large and small.

In these hundreds of trials, I have seen many trial lawyers trying to use small rules to cause the opposing lawyer to be unable to express key arguments in the trial.

 Personally, he dislikes this situation very much.

 At the court hearing.

 If you can state the legal basis, state the legal basis, and if you can produce favorable evidence, produce favorable evidence.

 Use reasonable, legal and compliant means that can be used.

  As for the above, I am definitely not taking sides.

　　But it's such a small trick.

 In Du Linmu's eyes, there are only two words, no.

 Although other presiding judges may not do this, this was what he requested during his tenure as presiding judge.

 Such behavior is not allowed in the court proceedings he presides over.

After Du Linmu briefly summarized Su Bai's previous statement and extracted the key issues, he looked at Su Bai at the litigant's seat and spoke slowly.

“The litigants are now invited to continue their presentation.”

 “A good judge.”

Having grasped the character of the presiding judge, Su Bai took a long breath and continued his statement:

“The determination that our party committed insurance fraud is based on the above three points, and the prosecutor also agrees with this.”

"Here, I would like to ask the prosecutor, if both He Dongsheng's mother and He Dongsheng were asked misleading questions by Quan'an Insurance and thus determined that they had the subjective intention to defraud insurance, then is this evidence enough? Isn't it substantive evidence?”

Hu Bing: "Yes, according to Article 52 of the Criminal Procedure Law, it is not substantive evidence."

“Presiding judge, I would like to ask lawyer Gu Bin, who is at the defendant's seat, a few questions.”

 “Significantly related to this case.”

"application passed."

“Litigants can ask questions, but remember to follow the court order and are not allowed to ask questions that are irrelevant to the case or tendentious questions. Otherwise, the court has the right to terminate your questions.”

 “A good judge.”

Su Bai looked at Gu Bin who was sitting on the seat of the party being sued.

Gu Bin knew what Su Bai wanted to say, so he looked directly at Su Bai.

Su Bai looked at Gu Bin's face and spoke slowly:

“Lawyer Gu, I would like to ask if you had any contact with He Dongsheng's mother and He Dongsheng in private…?”

"yes."

Gu Bin nodded and answered simply and neatly, without answering a single word.

Su Bai continued to ask:

“Then what is your purpose in contacting and asking about He Dongsheng's mother…?”

“Purpose…? The purpose is to fulfill the responsibilities of our legal department.”

“Our legal department has the responsibility and obligation to contact the policyholders, beneficiaries and insured persons who purchase our safety insurance.”

“At the same time, I would also like to ask the litigant's lawyer, do these two questions of the litigant's lawyer have anything to do with this case?”

 Mainly anti-customer.

Gu Bin asked Su Bai directly.

Su Bai smiled and nodded: "Of course it does matter. The first person contacted by the insurance should be the policy holder and the insured. There are many types of beneficiaries, so they should be the last to inquire."

“But it is somewhat unreasonable for Lawyer Gu to directly ask the beneficiaries.”

“At the same time, I would also like to ask, what did Lawyer Gu ask about He Dongsheng's mother at that time?”

Gu Bin smiled, he understood what Su Bai meant.

Su Bai's idea is most likely that he wants to confirm that his inquiry is indeed inductive to a certain extent through the current inquiry.

 And this is not the most important thing. The most important thing is that Su Bai is now laying the groundwork.

 What is the foreshadowing?

 Planning the lawsuit application, Quan'an Insurance Company made a malicious accusation against He Dongsheng.

 That's why I keep asking him these questions.

 Want to find loopholes in his words to attack.

 After all...Su Bai didn't have to ask him questions like this.

It is much easier to ask the person concerned first or check the corresponding evidence than to ask him.

At the same time, Gu Bin also knew very well in his heart that the key to this trial was whether his previous inquiry was malicious and misleading.

It is undeniable that the evidence previously submitted is indeed persuasive.

  However, this point can be argued, and the final decision lies in the hands of the presiding judge.

After thinking about this clearly, Gu Bin casually said haha:

"Lawyer Su, I may not be able to fully recount what I asked before, but there is evidence provided. If Lawyer Su wants to know, he can use the evidence to confirm what I asked about at that time."

“This question involves the rigor of the law, so I cannot answer it directly.”

"OK, thanks.…"

Su Bai smiled and nodded.

At the same time, I also thought silently in my heart: This is true.

The other party is very aware of the little tricks used in the trial and other people's little thoughts.

 Gu Bin was right. The reason why he asked so many questions was to find some loopholes from Gu Bin.

 I remember that Gu Bin threw the problem out directly without giving him any chance.

It really feels like we are litigating against each other.

It seems that this trial will not be easy!

 The main aspects of judgment still need to rely on evidence and legal basis.

And this kind of trial with subjective judgment also requires the judgment tendency of the presiding judge.

It's just that.

Su Bai had certain psychological expectations for encountering this situation.

 After being refused an answer by Gu Bin.

Su Bai took a long breath, then raised his head slightly and looked at the presiding judge's seat and said:

“The presiding judge...the lawyer of the party being sued could not answer our questions accurately, so we applied to ask the parties to explain the situation at that time.”

“The application is approved, now please ask the litigants to ask questions and make statements.”

 “A good judge.”

Su Bai looked at He Dongsheng at the party seat and asked:

“Can the client clearly remember how the legal lawyer of Quan'an Insurance responded to your inquiry at that time?”

"able."

"OK."

“Now please give a general description. You don't need to describe it in detail. Just describe the general content clearly.”

“Probably the specific content is that Quan'an Insurance's legal lawyer at that time, Lawyer Gu, who is now sitting at the court hearing, kept asking me if I had the idea of ​​​​defrauding insurance..."

 “Then how did you answer?”

“My answer is that I have no intention of defrauding insurance.

 Lawyer Gu then asked me if I had no intention of defrauding the insurance company and why I was preparing a lawsuit against Quan'an Insurance.

Also, ask me, if I had no intention of cheating on insurance, why did I get injured again in such a short period of time after buying insurance...Why did I buy such a large amount of insurance...

  He also asked me why this was not insurance fraud.…

There are some other messy things that I can't remember, but I remember the last point very clearly. What Lawyer Gu basically meant was to ask me to surrender..."

“Then what is your real intention in purchasing such a large amount of insurance?” “Of course, your real intention in purchasing such a large amount of insurance is to be able to compensate more in case of any accidents…

 The most important thing was the salesperson at the time, who enthusiastically asked me to buy a large amount of insurance to protect my future life. "

"I couldn't save my face at the time...and the salesperson was very enthusiastic. I thought to myself that my job is very dangerous. If something happens to me, I will pay more to give myself a guarantee." , and then bought such a large amount of insurance.”

Su Bai nodded: "Did Lawyer Gu ask anything else?"

“I asked...Lawyer Gu also said that my mother had already told me that I had the idea of ​​cheating on insurance, and asked me to plead guilty early...But Lawyer Gu didn't say it directly, he hinted at me.”

 “How did he hint?”

“He said half of the story and asked me to fill in my head. For example, he said that my mother said that I had the idea of ​​​​defrauding insurance, and then asked me what I should do.”

 “Then do you have evidence to prove this?”

"No.…"

 “Are you responsible for what you said above?”

 “I bear full legal responsibility for the above remarks.”

"OK."

Su Bai nodded: "Thank you for your cooperation. I have already asked you what I wanted to ask."

 After asking.

Su Bai said: "Based on the description of our client and the evidence submitted by the party being sued when filing the case.

It can be clearly seen that when Gu Bin asked our client's mother and our client, he had a particularly strong subjective will. "

“He kept leading us on the topic of insurance fraud without making any objective statements or inquiries.”

“Strongly guides the subjective wishes of our client and our client's mother.”

“And there is one more thing...that is, based on our client's description, Quan'an's legal officer Gu Bin told our client that he should surrender.”

 “Surrender yourself? Why do you want to surrender?”

"And there is no such content in the evidence submitted by Quan'an Legal. I would like to ask Quan'an Legal's lawyers, what is going on with this? Why is this not included in the evidence you submitted?"

Li Shuangjun was silent for a few seconds regarding Su Bai's critical question.

 In the end it was Gu Bin who answered, because he was preparing to handle this case.

 Have a better understanding of the situation at that time.

 As to why this was not included in the evidence submitted?

Of course he prepared two copies of the recorder.

One recorder records the entire process, and one recorder records part of the process.

Submit one copy to the judicial department for case filing, submit it to the prosecutor as evidence, and keep one copy yourself.

 As a baguette, is there any problem with this?

 And even the prosecutor could not find any problems during the inspection.

 There is absolutely nothing wrong with it.

 Besides, the other party didn't know about the double voice recorder.

 Isn't it difficult to deal with such a simple thing?

 Furthermore, Su Bai's question is really easy to refute.

 Why was this not mentioned? It's very simple.

 That's because you lied.

I accused you of lying. What can you do?

If you prove that you are not lying, then provide evidence. If you cannot provide evidence, I will sue you for making false statements at the trial.

 Is there anything you can do? Obviously, there is no solution.

 So after hearing Su Bai's question, Gu Bin smiled in his heart.

Open your mouth:

“The chain of evidence we submitted is complete and has no traces of modification or splicing. This has been verified by the prosecutor.

 As to why it is different from what the parties stated, we are not clear on this point. "

“However, since we have evidence to prove it, the parties concerned should also submit evidence.”

“Otherwise, we have the right to suspect that the client was at the court hearing and deliberately attacked us with false claims to affect the fairness of the trial.”

how to say.…

 The legal affairs of Quan'an Insurance just like to bite back.

but.…

　　The key point of Su Bai asking this question is not here. In other words, his previous inquiries were all for one purpose.

 That is to make a judgment…

 Determine whether Gu Bin's inquiry about He Dongsheng and He Dongsheng's mother was inducement.

 As long as such a determination is made, the rest will be much simpler.

As for the key point of asking this question...of course it is to divert the attention of the other party's lawyer.

The two lawyers on the other side are both like old foxes.

It is actually quite troublesome to use subjectivity to allow the presiding judge to plead and argue with the other party.

Su Bai knew that there would be no results from this question.

 After all, they don't have any substantive evidence, and they refute it as soon as the other party refutes it.

Then why are you asking this question? A casual question lays the foundation for the subsequent court hearing, so that the other party cannot object to the judgment.

 This is Su Bai's purpose!

 At present, the purpose has been achieved.

Su Bai: “We apply to reject the other party's application.”

“We have no evidence to prove that the other party said these words about He Dongsheng, but similarly, the other party has no evidence to show that the other party did not say these words.”

“At the same time, we have applied for a judgment against the lawyers of Quan'an Insurance's legal department for illegally asking us tendentious questions.”

Gu Bin:? ? ? ?

On the trial stage, the presiding judge banged his gavel and looked at the seat of the party being sued.

 Du Linmu opened his mouth:

“Regarding He Dongsheng's accusation against Gu Bin for persuading him to surrender, neither party has evidence to prove its authenticity, so no judgment will be made for the time being.”

“Gu Bin, the lawyer of the party being sued, does he have any objection to other contents stated by the litigant and the parties?”

 These have been identified in the evidence.

Gu Bin: “No objection.”

“The respondent has no objection, so based on the other content of the accusation made by the litigant, the legal lawyer of Quan'an Insurance, the respondent, failed to fulfill the fair and equitable inquiry responsibilities that a lawyer should have,”

 “The evidence has been examined by the collegial panel.”

“In response to what the litigant raised, Quan'an Insurance, the respondent, had a certain tendency to guide when communicating with He Dongsheng and his mother.”

 “Let's make a judgment now, it's true.”

The moment Du Linmu's voice fell, Gu Bin was stunned at the seat of the party being sued.

 No, Chief Judge...Why did you make the judgment so quickly?

 Let me ask a few more questions...

 I think I can still argue a few more words….

Du Linmu: The litigant has applied for a judgment, and you have no objection.

 And according to the content of the statement, it is indeed tendentious, and you have not refuted this aspect.

 Ask if you have any objections, you tell me you have no objections.

 Also, the defense is a hammer!

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end