I was watched by the Internet police during the live broadcast of law popularization?

Chapter 195 It really doesn't constitute a crime
"Your plea..."

Judge Yan frowned and looked at Li Chen and asked, "Can you explain?"

He really couldn't figure it out, it was obviously this woman named Wang Jiaxin who used insurance loopholes to maliciously defraud the insurance company, but in the end it became a problem for the insurance company...

"Which one are you talking about?"

Hearing the other party's question, Li Chen asked, and Judge Yan began to answer: "Just the last question about insurance companies."

"Ok."

Upon hearing this, Li Chen explained: "The main reason for the problems involved in Wang Jiaxin's case is that she used multiple ID cards to purchase air tickets and delay insurance claims.

First, the fact that she is not registered.

In the case, Wang Jiaxin bought the air ticket only for the delay insurance of the plane.

However, according to the laws and regulations of our country, there is no rigid regulation that requires the parties to buy air tickets to take the ride.

She can refund the ticket or not take that flight, which is not stipulated by law, you are right.

As for the refund of her ticket after buying the plane, the airport also charged her a certain handling fee.

Since the ticket can be refunded, it means that the airport agrees with her behavior.

Second, the situation of fictitious people can also be explained, because our country does not have relevant regulations prohibiting others from purchasing air tickets.

If the first point is not illegal, then the second point plus the first point should not be illegal. "

Li Chen said with a smile: "You say so."

The judge couldn't help but twitch the corners of his mouth slightly.

What the hell kind of nonsense is this?
"She used someone else's ID card to buy a plane ticket. Other people don't know about it, and her purpose is to defraud insurance. It's completely different from the situation you mentioned, right?"

Hearing what Judge Yan said, Li Chen continued, "Judge Yan, are you just saying that her behavior of buying and refunding the ticket with her ID card is not illegal?"

"No offense."

"What about buying air tickets for others, isn't it illegal?"

"That's the case, but her nature is different from others."

"So we can say she is wicked, but we can't say she broke the law, right?"

Li Chen smiled when she heard the words: "Whether she has committed a crime or not depends on whether she has fabricated false delays. This is the key point. You are right."

Judge Yan nodded upon hearing this, "You're right."

"That's the second point."

Li Chen began to talk about the second point of false flights: "From the evidence of the law enforcement agency, she did claim a large amount of insurance money, but there is no evidence that she fabricated the delay information.

Regarding this matter, I also talked with another judge of our collegial panel yesterday when reviewing the papers. This is a very simple logical reasoning.

If it was fake flight delay information, the insurance company would definitely not lose money, and she would have no way to falsify this kind of information.

First, the insurance company will have insurance information, and you can check whether the policyholder has purchased flight insurance, and the air ticket also has fixed seats, which is easy to identify.

Second, the delayed flight was not caused by her personally. She does not have the ability to call the shots, you say. "

After finishing speaking, Li Chen looked at the chief judge of the second trial opposite, and Judge Yan nodded upon hearing the words: "You continue to speak."

"Since she didn't make up a fake flight, and it's not illegal to buy a ticket for someone else, then Wang Jia's behavior is not a fraud.

She spent money to buy the air ticket, and then spent money to buy the corresponding claims insurance, and the amount the insurance company pays her is also based on the amount in the contract. There is no problem here. This is also the problem of bullying by the insurance company I mentioned. .

In the case, Wang Jiaxin bought insurance and there were related delays, so why should she not lose money as a contracting party?

The reason for such a problem is because of the loopholes in the management of insurance companies.

For example, when you purchase insurance and claim compensation, you should have the person who purchased the ticket and the relevant certificates of insurance purchase to handle the claim.

Here, insurance companies did not take such steps, which was the main reason why they were plundered.

As far as the consumer is concerned, she spent money to buy the corresponding ticket and insurance, and the insurance company charged her related fees for delay insurance. Afterwards, because she didn't want to settle the claim, she simply called the police to solve the problem on the grounds of fraud, which itself is consumption. the injustice of the recipient. "

You have collected my money and you have relevant facts, so why not settle the claim?

As for whether I bought it ten times or a hundred times, that is my own problem, and it is also the result of your consent and acquiescence.

MMP.

If you don’t want to lose money, report and warn me about fraud, can’t you afford it?

Judge Yan fell into deep thought.

don't say...

This sounds like it really is the case.

"Okay, I know your statement of defense, you can go back first."

Judge Yan didn't want to keep him anymore, because he had more important things to do.

Returning to the office from the reception room, Judge Yan called the other two collegiate judges to review the evidence of the claim.

The three sat in the marking room and began to check carefully, because this was the main basis for whether Wang Jiaxin could be sentenced.

If you say that the other party is defrauding, you have to produce a fake certificate, otherwise you are not guilty.

The three of them looked at the evidence one by one, starting from ten o'clock, including the delay insurance that had not yet been successfully settled.

After 12:30, hundreds of "criminal evidence" were checked.

"What's the situation over there?"

Judge Yan looked at the other two judges and asked, and the two judges said that there was nothing unusual.

Hearing this answer, combined with the evidence in his hands, he also had the most basic understanding.

The crime of fraud is definitely not constituted...

Judge Yan asked his assistant to give two copies of Li Chen's statement of defense to the prosecutor of the District Prosecutor's Office and the lawyer of the insurance company who participated in the trial.

The purpose is the same as that of Wang Jiaxin, and they also disobeyed the judgment of the first instance, because the other party only sentenced Wang Jiaxin for 15 years, which they thought was not enough.

Of course, it’s not enough to just go to jail, and you have to spit out all the money that was fraudulently obtained from the insurance.

District Attorney's Office.

When the prosecutor saw the statement of defense from the District Prosecutor's Office, he couldn't help frowning.

Why is there still someone pleading not guilty?
Looking at the content again, it is a bit shocking.

According to the other party, it seems that it does not constitute a crime...

the other side.

The lawyer representing the insurance company, Bai Lu, was also a little shocked when she received the statement of defense. After reading the content, a bad feeling came to her heart.

Could it be that he was really going to lose the lawsuit?
Somewhat undecided, she consulted a more experienced brother.

After reading Li Chen's statement of defense, that senior brother also fell into deep thought.

That's not a crime at all...

(End of this chapter)