As a Lawyer, You Sent the Judge In? Chapter 145

Chapter 145 Two consecutive judgments, key defense charges

 The recess time is over.

 In the voice of the clerk announcing that the court would be reopened.

Du Linmu, Zhang Huan, and Li Chengxiu once again took the court seat.

 The gavel struck.

 The dull voice echoed in the court hearing.

 All parties in the court hearing at the scene have certain psychological expectations for the subsequent judgment.

 But at this time, some people are still a little nervous.

 Especially He Dongsheng.

 He felt anxious and stared anxiously at Du Mulin on the presiding judge's seat.

Du Linmu sat on the presiding judge's seat, briefly sorted out the materials in his hands, and then slowly spoke:

“Now let's judge the subjectivity of whether He Dongsheng committed insurance fraud against Quan'an Insurance.”

 Whether He Dongsheng is guilty or not, the most critical point is whether it constitutes insurance fraud. The core of insurance fraud is for the purpose of illegal defrauding.

 Subjectivity is the most critical core judgment issue in this case.

“Based on the trial pleadings of all parties and relevant evidence.”

“1: Quan'an Insurance's questioning of He Dongsheng and its questioning of He Dongsheng's mother are inductive and are invalid evidence.”

“Two: The testimonies of colleagues and friendly friends do not meet the standard of evidence substantiation, and there is no strong factual basis for explanation.”

“Three: According to the evidence provided, He Dongsheng was injured when the machine suddenly started operating while he was working.

 During this process, the sudden start of the machine may be due to He Dongsheng's intentional behavior, or it may be due to a malfunction of the machine. "

“Although the probability of machine failure is small, it is not impossible. Therefore, it cannot be concluded that He Dongsheng deliberately started the machine to cause his own disability and used it to illegally defraud insurance.”

“Four: According to the safety insurance, He Dongsheng purchased a huge amount of insurance and suffered an accidental disability within a short period of time after purchasing the huge amount of insurance.”

“According to He Gongsheng's statement and evidence, He Dongsheng purchased insurance due to the enthusiasm of the salesperson, so he bought a huge amount of insurance.

There is no established legal causal relationship between the act of purchasing a large amount of insurance and the occurrence of an unexpected situation within a short period of time after the insurance was purchased and effective. "

"based on above."

“It is determined that He Dongsheng did not defraud Quan'an Insurance Company of insurance money for illegal purposes, and the subjective performance was unintentional.”

“Do the parties to the litigation have any objections to the above determination...?”

This judgment was directly announced. He Dongsheng did not cheat the insurance.

 After He Dongsheng heard this judgment, his nervousness slowly relaxed.

Although the presiding judge did not say that he was not guilty, he could still tell that this was a positive judgment.

At the parties' litigation table, prosecutor Hu Bing was the first to speak:

“Presiding judge, we have no objection to this judgment.”

Su Bai: "We have no objection."

 At the safe seats, Li Shuangjun and Gu Bin had already expected such a decision.

 There was not much surprise on the faces of the two people, just a little bit of disappointment.

At the same time, it also aroused a certain degree of vigilance, because this judgment laid a certain foundation for Su Bai to sue Quan'an Insurance for malicious prosecution.

 The next court hearing is the most critical.

After clarifying this relationship, Li Shuangjun nodded slightly: "Presiding Judge, we have no objection."

 Dong dong dong!

Presiding judge Du Linmu continued: "All parties have no objection to the conclusion that He Dongsheng did not have the subjective purpose of illegally defrauding insurance money."

 “Then the trial will continue.”

“Now, further confirmation will be made regarding the request of the litigant.”

“Litigant, your claim is to request Quan'an Insurance to compensate He Dongsheng for the insurance amount he deserves.”

"and."

“Accused Quan'an Insurance of making a malicious accusation against He Dongsheng, and demanded that the relevant responsible persons be held accountable and compensate He Dongsheng for his mental losses.”

“Is the above accurate?”

Su Bai: "Presiding Judge, our claims above are accurate."

 Dong dong dong!

"good!"

“Confirm the litigation claims of the litigant, and then summarize the litigation claims.”

“One: Require the safety insurance to make due compensation.”

“Two: Accuse Quan'an Insurance of malicious accusations and pursue liability and compensation.”

 “Now let's plead the first point.”

 “The litigant invites you to make a statement.”

 “A good judge.”

Su Bai nodded slightly and asked Safety Insurance to pay due compensation. There was no problem with this because there was a contract.

  And the claim is within the due scope.

Even though Li Shuangjun and Gu Bin, the two legal counsels of Safety Insurance, have conducted in-depth research on insurance cases, they cannot escape the restrictions of the contract.

If the insurance company could confirm that He Dongsheng could not win the lawsuit in accordance with the contents of the contract.

 Then it is impossible to sue He Dongsheng to court in the name of insurance fraud.

 So there won't be any problems in asking the insurance company to compensate for this.

 Winning the lawsuit is certain.

“Presiding Judge, it has been proven based on the contract material evidence provided by us.”

“First, it was a personal accident on our part and complied with the provisions of the contract.”

“Second, the time of permanent disability caused by our personal accident was within the time stipulated in the contract, which means that we did not exceed the time limit.”

“Third, the compensation we applied for is within the contract materials submitted and does not exceed the reasonable range.”

“Presiding judge, we have finished our statement.”

 After saying that, Su Bai looked at the seat of the sued party calmly.

 At the seat of the party being sued.

Li Shuangjun and Gu Bin didn't take Su Bai's suggestion that Safety Insurance would compensate He Dongsheng very seriously.

 Because once this case is decided and He Dongsheng is not guilty, his claim for insurance compensation will be within a reasonable range.

 The provisions of the contract are clearly written, and it is impossible for them to say that they do not comply with the contract or the law.

 Besides, even if they wanted not to compensate, Su Bai would not give them this opportunity.

 The expressions of the two people were calm, and they seemed to have no intention of refuting.

 At the judgment seat, Du Linmu banged the gavel.

 Dong dong dong!

“Does Quan'an Insurance Company have anything to say about the litigants' statements?”

Li Shuangjun knew that there was no use in refuting, so he might as well be direct:

“The litigant's statement is based on the contract, and He Dongsheng's claim is reasonable.”

“Since there is nothing wrong with the contract, and the court has determined that He Dongsheng's subjectivity was not intentional insurance fraud, our Quan'an Insurance Company will compensate He Dongsheng in accordance with the law.”

“Presiding Judge, we have no objections to the litigants' statements.”

 Tsk tsk tsk.…

 Listen, listen.

The scene was well-spoken and well-articulated, but after knowing that there would be no benefit to be gained from defending this aspect.

 Li Shuangjun instantly changed his strategy, stating that compensation should be paid, compensation should be compensated, and he should act in accordance with the contract.

If it weren't for the legal department of Quan'an Insurance Company to take He Dongsheng to court in the name of insurance fraud.

Su Bai really believed this after hearing this.

 But now that you know that the lawsuit in this area will not win, it seems a bit hypocritical to say these words.

 But I have to say something.

 Li Shuangjun and Gu Bin did a good job as legal counsel, not only fighting for the interests of Quan'an Insurance Company in the court trial.

Even if the live broadcast of the court hearing is broadcast, some people may change their impression of Quan'an Insurance Company because of this paragraph.

But!

 All this was before He Dongsheng was brought to court.

 After taking He Dongsheng to court, he said this because he couldn't win the trial...

How to say it...two words: hypocrisy.

To the side, Li Xuezhen whispered:

“This… the legal affairs of Safety Insurance are really too much… while taking people to court, they say they should pay compensation…”

 “It always feels… weird.”

Su Bai smiled and nodded.

“There's nothing surprising about it. You'll know it when you see more of it.”

 Some lawyers will tell others what they say and what others say for the sake of litigation expenses and in order to meet certain conditions for litigation. Such lawyers are not uncommon.

This is indeed strange for a novice like Li Xuezhen who has not yet become a formal lawyer and has never engaged in litigation.

 But after spending time in the courtroom for a long time, I found that there are only a lot of lawyers like this.

I have legal knowledge, and my winning rate is not low, but I do not do very well in litigation.

 For example, today's lawsuit.

Li Xuezhen nodded seriously after hearing Su Bai's words.

"profound."

 “Okay Lawyer Su...I understand.”

at the same time.

After Li Shuangjun finished his statement, the presiding judge Du Linmu nodded slightly and banged the gavel on the court hearing stage.

 Dong dong dong!

“Quan'an Insurance Company has no objection to the compensation issue.”

“Then based on the evidence submitted by both parties and the contract signed by the insurance company.”

“The litigation application made by the litigant does not exceed the reasonable scope, and the compensation requested is within the scope of contract compensation. It is now determined that Quan'an Insurance Company should pay the insurance compensation amount due to He Dongsheng.”

 “Do both parties have any objections?”

Su Bai: "No objection."

 Li Shuangjun: “No objection.”

 As for compensation, neither Su Bai nor Li Shuangjun had any big opinions.

 But both sides also know that the most critical moment in this trial is coming.

 That is to launch a defense against the accusation made by Quan'an Insurance Company and whether it is a malicious accusation.

Malicious accusation is a type of false accusation, according to the provisions of Article 243 of the Criminal Law.

 Who fabricates facts and makes false accusations to frame others with the intention of subjecting others to criminal prosecution. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

in addition.

 There are two final sentences in Article 243.

 If a staff member of a state agency commits the crime in the preceding paragraph, he shall be severely punished.

 The provisions of the preceding two paragraphs shall not apply to cases where the accusation is not intentional but is false or false.

 Intentional false accusations and false accusations.

 The most critical thing between the former and the latter is whether it is an intentional false accusation or a wrongful accusation.

 The difference between the two is intentional and unintentional.

 What is difficult to define is its subjectivity.

If you say that I made a false accusation, then I will say that I made a false accusation or made an inaccurate report.

 So if you want to confirm this crime, you must use other evidence to assist in determining the subjectivity of the framer.

but.….

 Su Bai has already prepared for these.

 Now everything that needs to be judged has been judged, and the foundation has been laid.

 The rest... basically there are no problems.

 At the presiding judge's seat, Du Linmu looked at the materials in front of him.

Also knows.

 The most critical point in this trial is this.

 After scanning the direction of Su Bai and Li Shuangjun, he struck the gavel again.

“The judgment on the first point brought against Quan'an Insurance Company by the litigant has now been completed.”

 “Let's move on to the second point.”

“Litigation party, you accuse Quan'an Insurance Company of maliciously accusing He Dongsheng. Please state the legal regulations or factual basis.”

 “A good judge.”

Su Bai took a long breath, and then began to state:

“Presiding judge, we would like to ask the other party's lawyer Gu Bingu a few questions first.”

"application passed!"

“The litigant's counsel may begin inquiries.”

 “A good judge.”

Su Bai cast his eyes on Gu Bin's face.

“According to the relevant law involved in malicious accusations, Article 243 is the crime of false accusation and frame-up.”

"in."

“Related concepts refer to fabricating criminal facts, filing false cases and reporting, with the intention of subjecting others to criminal liability.”

“I would like to ask Lawyer Gu, what were you thinking when you deliberately induced He Dongsheng?”

“As a lawyer, you conduct induced inquiries and use the contents of the induced inquiries as the basis for filing a case. What are the subjective factors in this?”

“Do you want He Dongsheng to be held criminally responsible?”

“If not, why should we conduct induced inquiry and use the results of this induced inquiry to transfer the case?”

“Don't you know that bail fraud can result in criminal liability?”

“As an insurance legal practitioner, I believe you are familiar with the crime of insurance fraud, right?”

“Lawyer Gu, please answer my questions directly.”

Facing a series of questions from Su Bai, Gu Bin took a deep breath.

 Understand that if you don't answer these questions, you will definitely not be able to get through.

 Because these issues are all core and key issues.

At the same time, Gu Bin was also upset in his heart, why did he let the presiding judge judge him as being inducing in the first place.

 Otherwise, we would not be in such a passive situation during the court hearing.

However, the fact was a foregone conclusion, and Gu Bin did not continue to think about it.

 After a few seconds of silence, he began to answer.

“Based on the circumstances at the time and the experience of our safety insurance legal department, He Dongsheng is indeed suspected of insurance fraud.”

“My subjective opinion is that He Dongsheng is suspected of insurance fraud, so after completing the answers I want to know, I will transfer him to the case for processing.”

“Actually, my subjective intention is not to want He Dongsheng to be criminally liable for bail fraud.”

“Furthermore, I determined that He Dongsheng was suspected of insurance fraud based on my own judgment, rather than fabricating facts.”

 “According to the definition of false accusation and frame-up.…”

 “I do not meet the conditions for the crime of false accusation and frame-up.”

“Lawyer Su, I have finished answering your question.”

Gu Bin breathed a sigh of relief after answering Su Bai's question.

 After receiving the notice of court summons and learning of Su Bai's lawsuit application.

 Gu Bin had already prepared for the worst.

 So we made preparations in advance.

 The answer this time was the answer he had prepared long ago.

 And the other side.

Su Bai looked at Gu Bin and smiled.

 After taking a deep breath, he slowly opened his mouth and continued the pursuit.

“Lawyer Gu, what I'm asking is why you made the leading inquiry... Please don't answer without ignoring this most critical point.”

 “What is the purpose of your leading inquiry?”

“Since your subjective intention was not to falsely accuse He Dongsheng, why did you conduct inductive questioning?”

Faced with Su Bai's pressing steps.

Gu Bin glanced at Li Shuangjun, feeling even more annoyed.

  Why did the presiding judge not interrupt the judgment at the beginning when he was making a judgment on his induction inquiry?

 As a result, Su Bai kept focusing on this key point during the court trial.

ˆ And.

This question is really hard to answer.…

Headache!

 PS: Please give me a monthly ticket~

　　Thank you all for your monthly votes

The author is asking for advice, but the coding is a bit slow.

 (End of this chapter)

Chapter end