As a Lawyer, You Sent the Judge In? Chapter 147

Chapter 147 Xiao Li: It's decided, let's catch them both at once

 In the collegial court discussion room.

 Du Linmu sat on the sofa and looked at Zhang Huan and Li Chengxiu with a smile.

 Although he had already made a general decision on this case in his mind, he still needed to listen to the opinions of the other two judges.

 “Tell me about it…”

“Previously we have briefly discussed the lawsuit application filed by the litigant against Quan'an Insurance for malicious prosecution…”

“What I said is that we will discuss this after both parties have finished pleading on this point.

Now that both sides have finished their presentations, you two can share your thoughts. "

 Du Linmu took a sip of water and glanced at Zhang Huan and Li Chengxiu.

 Zhang Huan picked up the mineral water on the table and unscrewed the cap, took a small sip, and said nothing.

 At this time, Li Chengxiu spread his hands: "What else is there to consider..."

“During the defense process between the two parties, Quan'an Insurance Company's legal attorney kept talking about other things in response to the litigant's questions.”

 “Does he think he is doing an interview...?”

 “Just talk about it and consider it a thing of the past...?”

"This is a court trial, and it's not like doing anything else. Just mess around and get over it casually. Legal judgments need to be based on basis."

 “In this trial, let's take the simplest word.

 The litigant's question is:

 Gu Bin deliberately induced and submitted evidence based on this as the standard for filing the case.

 What about Gu Bin's explanation?

 We have been talking about subjective inducement, but in fact, the two conditions of subjective inducement and filing of a case go hand in hand.

As a legal staff member of Quan'an Insurance Company, doesn't Gu Bin understand this?

 He understands this, and he also understands this, and is mentally aware that Quan'an Insurance Company is making a malicious accusation.

 So I dare not answer. The content of the answer is completely different from the content of the question raised by the litigant. "

  “And, one more thing.”

“Quan'an Insurance, as the injured party in the first instance, attended the public prosecution judgment and accused He Dongsheng of insurance fraud.”

“Knowing that he was using illegal evidence, he attended the trial and accused He Dongsheng of bail fraud.”

“Is this an inappropriate and malicious accusation...?”

“This trial is not simply about malicious accusations, it also involves illegal evidence.”

“Adopting inducing evidence and using it as trial evidence under known circumstances also involves perjury.”

"But when it comes to perjury, we need to talk about it outside this trial..."

 Zhang Huan nodded slightly: "I agree with Li Chengxiu's point of view."

“Safety insurance is really not that good…”

Hearing what Zhang Huan said, Du Linmu smiled:

 “Haha...Old Zhang, your words are very resentful.”

“I remember you told us before that the person in your family was deceived when buying insurance before. Could this insurance be safety insurance?”

 Zhang Huan glanced at Du Linmu but said nothing.

Du Linmu nodded with a smile. He remembered that when Zhang Huan's family was defrauded of insurance, he was very angry. When talking about this among colleagues, he almost cursed.

 I didn't expect that the insurance I bought was the safety insurance I encountered today.

However, Zhang Huan was able to keep his composure. He was so angry with Safety Insurance at the beginning, but he did not show any dissatisfaction at the court hearing today.

Du Linmu after listening to Zhang Huan and Li Chengxiu's opinions.

 Have a more accurate view of this case.

 How should I describe this case?

 The main point is.

This time Safety Insurance is indeed a malicious accusation, and there is no basis for rebuttal.

 As for how to judge...it's very obvious...

soon.

 It's time for another court session.

 As the clerk opened the court again, the three members of the collegial panel walked into the trial bench.

 Dong dong dong!

Du Linmu banged the gavel: "The adjournment is over. Now the parties will make court statements. After the statements are completed, a judgment will be made."

 “Now let the prosecutor make a statement.”

 Hu Bing:.….…

Does this lawsuit have anything to do with me?

You have already determined that He Dongsheng's subjectivity was not intentional to defraud bail, so he must be innocent.

 What else can I say as a prosecutor...?

 It must be impossible to state anything!

Hu Bing: “The prosecution will no longer make court statements.”

“The prosecutor will not make a court statement. Now let's ask the litigation attorney of Quan'an Insurance Company to make a court statement.”

Li Shuangjun took a deep breath.

The court statement is the last part of the trial...

Whether it is for him or for Quan'an Insurance Company.

 The most important thing is not whether He Dongsheng committed insurance fraud or whether Quan'an Insurance Company should compensate He Dongsheng.

But the most critical point is whether the court finds that Quan'an Insurance Company maliciously accused He Dongsheng.

If this point is determined, it will not only have a huge blow to Quan'an Insurance Company.

Moreover, he and Gu Bin served as the litigation attorneys and main accusers during the first trial.

 At that time, we will not be able to escape the involvement and will be subject to review and supervision.

 So in terms of court statements, Li Shuangjun needs to make statements from this aspect.

The court must not be able to rule that Quan'an Insurance Co., Ltd. maliciously accused He Dongsheng. .

 After clearing his thoughts, Li Shuangjun said: "Okay, presiding judge."

“Presiding Judge, our court statement is as follows:”

“We express regret that He Dongsheng was wrongly convicted. This was caused by our mistakes. I would like to apologize to He Dongsheng here.”

 While saying these words, Li Shuangjun bent down to the person's seat to express his apology.

 Stand up and continue speaking.

“We admit that He Dongsheng's misjudgment was caused by our mistakes, but...”

“We accused He Dongsheng of insurance fraud because we wrongly intended to protect our legal interests.”

 “Instead of making malicious accusations.”

“If we could have known at that time that He Dongsheng had no subjective intention to defraud insurance companies, we would certainly not have prosecuted him.”

“We hope that the presiding judge can consider this point and give us a fair and just trial.”

“Presiding judge, we have finished our statement.”

 Faced with Li Shuangjun's statement.

Su Bai:? ? ?

what does it mean? What does it mean to give you a fair and just trial?

Judgment against your malicious accusation is a fair and just trial against you!

Maliciously accusing others of causing criminal liability is now considered pitiful.

　　Why didn't you compensate when you knew you should compensate?

He also said that if he knew that He Dongsheng had not defrauded the insurance company, he would definitely not accuse him.

Why don't you put this nonsense aside?

 You have used the induced confession as evidence to file a case and file a public prosecution.

 You are telling me now that you don't know He Dongsheng's subjective intention and did not engage in insurance fraud?

 Tsk tsk tsk….

The logical closed loop before and after this is simply amazing.

 Your Safety Insurance Company has said everything, right?

Regarding Li Shuangjun's court statement, Su Bai twitched the corner of his mouth and said nothing.

At the presiding judge's seat, Du Linmu frowned slightly and glanced at the litigation seat of the insurance company.      Say something silently: Don't listen to whatever you are talking about.

Then he turned his attention to Su Bai.

 “Now please make a court statement from the Procedural Law.”

 “A good judge.”

“Presiding judge, our statement is as follows:”

“We believe that there are many aspects involved in this trial.”

“This includes the injustice suffered by the client, He Dongsheng, and the leading malicious accusations made by Quan'an Insurance's legal counsel.”

“This trial, if it weren't for the tendentious guidance and subjective and malicious accusations made by Quan'an Insurance's legal counsel.”

 “The court hearing today would not have happened.”

“The whole reason lies in the malicious accusations made by Quan'an Insurance's legal counsel against He Dongsheng and the illegal evidence they deliberately introduced.”

 “This is the reason for this trial.”

“We have only one request for this trial, and that is to give our client He Dongsheng a well-founded legal judgment.”

 “The presiding judge has completed our court statement.”

Su Bai's statement is very simple and only expresses a subjective meaning.

That is, the main responsibility for this trial lies in safety and insurance.

If Quan'an Insurance had not made illegal accusations, then He Dongsheng would not have been sentenced.

 After making his statement, Su Bai slightly raised his head and looked at the court seat.

 Du Linmu banged the gavel.

 “The parties' court statements have been completed.”

“We are now ready to announce the verdict.”

 The sound of the gavel falling echoed throughout the court hearing.

Clerk: “Everyone stands up and asks the presiding judge to announce the verdict!”

 At the court hearing, everyone stood up and looked towards the presiding judge's seat.

Presiding Judge Du Linmu looked at the verdict, raised his head slightly, and looked around the courtroom.

 Speak slowly:

  “Case of action of this case.

The litigants believe that the first-instance judgment of the party He Dongsheng was maliciously accused and maliciously guided by Quan'an Insurance Company to apply for filing the case.

  Request that the first-instance judgment be revoked and the legal affairs department of Quan'an Insurance Company be held accountable for the malicious accusation.

 Require Quan'an Insurance Company to compensate the party He Dongsheng for the insurance compensation and corresponding mental losses. "

“This court has jurisdiction over this case, and all applicable laws shall be in accordance with domestic laws.”

“The verdict of the trial will begin below.”

“A claim made against the litigant as determined by the collegial panel.”

“1: In the first-instance judgment, the evidence used included illegal evidence, which seriously affected the fairness of the judgment, and the judgment was seriously inconsistent with the facts.”

“Judgment, the criminal punishment imposed on He Dongsheng in the first instance is revoked and the verdict is changed to not guilty.”

“Two: The insurance purchased for He Dongsheng was based on the personal accident insurance contract provided by Quan'an Insurance Company.

 According to the contract, He Dongsheng had a serious accident at work, resulting in permanent disability, which is in line with the signed insurance contract.

In this regard, the litigant demanded that Quan'an Insurance Company's demand for compensation for He Dongsheng was reasonable, and it was judged that Quan'an Insurance Company should compensate He Dongsheng RMB 958,674.52. "

“Three: Whether the accusation against He Dongsheng against Quan'an Insurance is a malicious accusation.”

 “The collegial bench has made a complete arrangement on this point.”

“(1): The evidence provided by Quan'an Insurance Company for filing the case is illegal evidence. Although it is not forged, it was obtained through inducement and is also fictitious evidence.”

“(2): Quan'an Insurance Company still chose to press charges even though it knew that the evidence they provided was illegal evidence, and its intentions were malicious.”

“Based on the above two points, Quan'an Insurance Company's accusation against He Dongsheng is deemed to be a malicious accusation! The relevant personnel shall be held accountable!”

“Four: Quan'an Insurance Company's malicious accusation against He Dongsheng caused great mental damage to He Dongsheng and requires compensation. Quan'an Insurance Company is judged to compensate He Dongsheng's mental loss of 10,200.23 yuan.”

“Five: According to relevant laws and regulations, Quan'an Insurance Company is ordered to pay all litigation costs and attorney fees of He Dongshengfang.”

 “All litigation claims against the party being sued are dismissed!”

“In view of the crimes of false accusation and frame-up involved in this case, as well as the use of illegal evidence, constituting perjury and other issues, this court will initiate a public prosecution with the relevant departments and go through the waiting procedure.”

“According to the provisions of my country's Procedural Law, if the party being sued believes that there are any problems or doubts in the judgment of the court trial, it may file a supervisory review with the relevant unit, or file a request for retrial.”

 “The court verdict has been announced.”

“The judgment will be sent to all parties within ten days of the closing of the court session.”

 The gavel fell, and the sound directly hit the hearts of Li Shuangjun and Gu Bin.

 The two of them had expected that this lawsuit might lead to a verdict of malicious prosecution by Quan'an Insurance.

 But when the decision was finally made, both of them were stunned for a moment.

 Judgment...?

 Is it really judged? !

Moreover, not only was it sentenced, but the relevant responsible persons were also held accountable for false accusations and perjury, and public prosecutions were required later.

this.….

 For the latter two points, neither person has any psychological expectations.

 The faces of the two of them were ugly.

 At the same time, I also realized...

This lawsuit was not only lost in court, but also caused far greater consequences and troubles than they imagined.

Li Shuangjun rubbed his brows. Before he could speak, the bailiff came to Li Shuangjun and Gu Bin.

"The two lawyers will go through the public prosecution process... Please cooperate with our work and accept the review and investigation."

 Li Shuangjun:? ? ?

Gu Bin:? ! ?

 It's over….

 It belongs to me if I don't give a chance…

at the same time.

 The other party to the trial.

Prosecutor Hu Bing let out a long sigh after seeing the scene.

 He left the court hearing without saying anything.

 He Dongsheng first thanked the presiding judge.

 “Thank you, judge…”

Du Linmu smiled and said: "You're welcome, this is just a normal court decision."

 After saying that, he left the court scene with the other two judges.

 Following.

He Dongsheng came to Su Bai again and stretched out the thumb of his intact hand.

 “Thank you, Lawyer Su...”

Su Bai smiled and nodded: "This is what I should do as a client lawyer."

"alright.…"

“The trial stage is now over, but the follow-up of the case is not over yet.”

 “Let's go back first.”

“Lawyer Li, pack up your materials and get ready to leave.”

"profound."

 “Good lawyer Su.”

Li Xuezhen nodded excitedly, catching two at once, looking forward to the follow-up...

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end