You became a lawyer and sent the judge in

Chapter 142 You Tell Me, You Are Not A Malicious Accusation?
After Li Shuangjun stated the lawsuit application.

Judgment table, the presiding judge's seat.

Du Linmu briefly sorted out the lawsuit applications of the three parties, and looked at the seats of the litigants.

"Parties."

"The prosecution and the accused party have both made statements regarding your application for litigation."

"Now to sum up the first point, whether He Dongsheng constituted the crime of fraudulent insurance, please apply to revoke the first-instance judgment for the appeal, and defend your innocence, and start to make a statement now."

"Good judge."

Fraud case.

The most critical point in this case is the subjective intention of the parties.

And how to determine the subjective intention of the parties.

Its core is similar to the crime of fraud.

They are all for the purpose of illegal possession, but the specific forms are different.

Su Bai nodded slightly, put the materials and evidence prepared in advance on the table and began to make a statement.

"Constitutes the crime of insurance fraud, generally divided into:"

"One, the policyholder intentionally fabricates the subject matter of insurance to defraud insurance money."

"Second, the policyholder, the insured, or the beneficiary fabricates false reasons for the occurrence of the insurance accident or exaggerates the extent of the loss to defraud the insurance money."

"Three, the policyholder, the insured, or the beneficiary fabricates an insured event that did not occur to defraud the insurance money."

"Fourth, the policyholder or the insured intentionally causes property damage in an insured accident and defrauds insurance money."

"[-]. The policyholder or the beneficiary intentionally causes the death, disability, or disease of the insured to defraud the insurance money."

"The above are the five forms and specific situations of insurance fraud."

"In this case, both the policyholder and the insured are our client He Dongsheng, and the beneficiary is our client's mother."

"In the first-instance judgment, Article [-] was followed."

"That is to say, He Dongsheng deliberately caused his own disability to defraud the insurance money."

"In the judgment of the first instance, the evidence and factual basis and the standard for filing the case are:"

"He Dongsheng was on the effective date of the insurance purchase, and the insurance became effective on the [-]th of the month, but on the [-]th of the month, He Dongsheng had an accident. It caused a permanent disability in one palm and fingers."

"And He Dongsheng bought a huge amount of insurance."

"Using this to determine that He Dongsheng is suspected of fraudulent insurance, there is no problem."

"However, regarding the relevant supporting evidence...the presiding judge, we believe that some of the relevant evidence in the first-instance judgment does not conform to the factual basis."

"Presiding judge, I apply to state the whole process of the matter, to understand the causal relationship of the case, so as to better analyze the supporting evidence."

Boom boom boom!
"application passed."

After getting the approval of the presiding judge's application, Su Bai continued to make a statement.

"The cause of the case was that He Dongsheng purchased personal accident insurance and the amount insured was relatively large."

"After purchasing personal accident insurance, it became effective on the [-]th of that month, and He Dongsheng became disabled on the [-]th, so he filed a claim with the insurance company."

"After He Dongsheng's accident."

"The personnel of the insurance company identified the insured accident, and the initial identification was a normal insurance behavior.

It was the staff of the insurance company who asked about He Dongsheng.

After learning that our client suffers from high blood pressure, we rejected our claim on the grounds that the high blood pressure was not informed, and the high blood pressure is no longer within the scope of compensation. "

"However, according to the contract issued by the insurance company, if an accident occurs due to the onset of high blood pressure itself, no claim will be made."

"But.…."

"This insurance is not due to the occurrence of an accident caused by the onset of high blood pressure, but due to mechanical reasons, which caused our accidental disability."

"So it is very unreasonable to determine that we are not a claimant.

He Dongsheng did not intend to accept the insurance company's solution at the time, so he wanted to protect his own interests through litigation.

Going to take Security Insurance to court.

However, Quan An Insurance decided that our party was suspected of fraudulent insurance when we planned to protect our own interests from losses through litigation, instead of affirming that we were suspected of fraudulent insurance at the beginning.

Regarding this point, we ask the litigant party to answer our question: Why didn’t we believe that we were suspected of fraudulent insurance at the beginning? "

Although Li Shuangjun didn't know what Su Bai's question meant, he could answer it easily.

Open without hesitation:
"Because at that time, the relevant staff of our company did not inform the legal department of the specific matters, and the relevant staff had no legal experience."

"After investigation by our legal staff, it was discovered that the other party was suspected of fraudulent insurance and started an investigation."

Facing Li Shuangjun's answer, Su Bai smiled and nodded, and continued to state:
"Ok."

"Thank you for the respondent's answer."

"Our side continues to state:"

"In the first-instance judgment, based on the materials submitted by Quan An Insurance and the defense of the lawsuit.

The basis for suspecting He Dongsheng of fraudulent insurance is that the time interval between Dongsheng’s purchase of insurance and his accidental disability causing permanent injury is too short. "

"It is suspected that He Dongsheng is subjectively suspected of fraudulent insurance."

"The evidence is as follows: First, the beneficiary of the insurance is He Dongsheng's mother, who is seriously ill and needs money, and is suspected of defrauding insurance to treat her mother's subjective will.

The legal affairs of the insurance company had questioned He Dongsheng's mother, and learned that He Dongsheng had the idea of ​​fraudulent insurance, and through the words of He Dongsheng's mother, questioned He Dongsheng again, and determined that he had the subjective will of fraudulent insurance, so This submits evidence for filing. "

"We have doubts about this key piece of evidence. The point of doubt is that we believe that the legal counsel of Quan An Insurance has a strong guiding and purposeful direction for our inquiry."

"Second point:"

"The legal affairs of Quan An Insurance, after asking He Dongsheng's colleagues, learned that He Dongsheng mentioned it. If something really happened, the insurance amount would solve his big trouble. Through He Dongsheng's colleagues, It further confirmed He Dongsheng's subjective willingness to cheat insurance."

"The third point:"

"Through the test of a professional organization, the probability of an accident occurring in a non-intentional situation is 5.00%. Through the test of this professional organization, Quan'an Insurance Company believes that we should not have accidents when we have a sense of protection. This unexpected situation further confirms our subjective willingness to cheat insurance."

"According to the concept and constituent elements of the crime of insurance fraud."

"The crime of insurance fraud refers to the violation of insurance laws and regulations, with the purpose of illegal possession, to carry out insurance fraud activities, and the amount is relatively large."

"The subjective aspect shows that the criminal takes intentionality as the subjective condition."

"The objective aspect is that the perpetrator has violated insurance regulations, adopted fictitious insurance targets, insured accidents or created insured accidents."

"Based on the above accusations, it is determined that He Dongsheng is suspected of fraudulent insurance. I would like to ask the prosecution, is the accusation in the first instance like this?"

After Su Bai finished his statement, he looked towards the presiding judge's seat.

Whether He Dongsheng is guilty or not in this court trial depends on one point.

That is his subjective will, whether he intentionally commits fraudulent insurance for the purpose of illegal possession.

Based on the points stated above by Su Bai.

At first glance, good guy, so many things combined, isn't this a proper insurance fraud?

First, I indirectly admitted that I had the idea of ​​fraudulent insurance.

Second, colleagues also confirmed that He Dongsheng had similar thoughts and said such things.

Third, there is no problem with the equipment. There is a 95% probability that an accident will happen. Why did this 5% happen to He Dongsheng, especially when he has invested a huge amount of insurance?
Therefore, after Li Xuezhen had read the files of the first trial, she specifically asked Su Bai if this case was really a scam.

Su Bai also deliberately used micro-expressions to further confirm whether what He Dongsheng was telling the truth.

But in fact...after putting aside preconceived subjective wishes.

Think about the case with a clear, rational mind.

The most critical point of this case lies in the legal affairs department of Quan An Insurance, the inducing words of these old law sticks to He Dongsheng and He Dongsheng's mother.

The general situation of this inducement is that in Wang Mingxuan's case, the public prosecutor Lu Hongmei induced Wang Mingxuan to make a statement in court.

Both are similar.

Aside from being inductive, the first point was directly denied.

The second point is that colleague He Dongsheng's statement only expressed a point of view, and did not directly express and confirm He Dongsheng's subjectivity.

In the first trial, the purpose of the second point is to further confirm He Dongsheng's subjective will and whether he has committed insurance fraud.

In fact, leaving aside the judgment of the first point, only the third point can be confirmed. He Dongsheng did have deliberate subjective wishes.

But the 5% chance is not impossible.

If it wasn't for Safety & Security's leading inquiries.

Taking the first point as the starting point, combined with the second point and the third point, if these two relative subjective wishes, then the court of first instance will not judge He Dongsheng as fraudulent insurance at all.

To put it bluntly, the responsibility for this first-instance case to be judged in this way lies entirely with the legal affairs of Ping An Insurance.

Actually.

Li Shuangjun is right, they really cannot interfere with the judicial process and have not interfered with the judicial process.

These words are indeed true.

However, Li Shuangjun did not mention the most critical point, which is the filing of the case and the evidence investigation conducted by the prosecution.

It is verified based on the evidence provided by the safety insurance.

Li Shuangjun is clearly blurring the concept. He did not interfere with the judiciary, but he provided inductive false evidence.

It was the evidence itself that was problematic, which led to the verdict of the first instance, where He Dongsheng was found guilty.

Induced to confirm the subjective will, and to file a case, hand it over to the prosecution, appear in court as a third party, and make further charges.

Tell me, isn't this a malicious accusation?
What is your TM not a malicious accusation?
However, if you want to prove that the other party is a malicious accusation, you need to take it step by step.

Su Bai withdrew his gaze and looked at the prosecutor's seat.

Hu Bing looked at the trial materials and nodded:

"The basic charges of the first instance were based on the above issues."

After questioning the prosecution, Su Bai wanted to speak, but was interrupted by Li Shuangjun raising his hand.

"Presiding judge, we believe that the statement of the litigant is too strong an expression of subjective will, and the content of the statement is also biased to a certain extent, which does not have legally fair, impartial and objective facts."

"The litigant believes that the evidence we provided is inductive, and this matter has not been judged by the court.

According to relevant laws and regulations, no one should define evidence or criminal suspects without court judgment and judgment.

In our opinion, the statement of the parties in this paragraph should be dismissed. "

Su Bai retorted: "We don't think so, we just raise doubts about this point and make a statement in the court hearing."

"And what I don't understand is why the litigant is so nervous about the point of doubt raised by us?"

"If the party under litigation really did not induce behavior, why should it apply to dismiss my statement?"

"In addition, in our lawsuit application, we accuse the accused party of malicious accusation.

Is the objection against our statement now proposed by the litigant to prepare in advance for our side and the litigated party to maliciously sue He Dongsheng against Ping An Insurance? "

"According to the legal basis, we have the right to doubt, and we also ask the party to be litigated to answer our questions."

Li Shuangjun:? ? ?

He didn't expect that Su Bai could see his thoughts at a glance.

The reason why he proposed to reject this statement is indeed to provide a good environment for the subsequent defense.

But facing Su Bai's question, Li Shuangjun had already prepared how to answer it.

"We just don't want anything to tarnish our reputation, not the other things mentioned by the litigant, but to apply for dismissal based on our own legal rights."

tsk tsk...

How else can I say it is an old baguette?

This answer can be said to be watertight, but Su Bai didn't care about Li Shuangjun's words.

Wei Wei raised her head to look at the presiding judge's seat, for Li Shuangjun's application, the presiding judge would definitely not reject it.

Because if the judgment is dismissed, then it is obviously biased towards the party being litigated.

Another thing is that I have already doubted it just now.

If the judgment is rejected, obviously, there is a lot of tricks in it.

Generally speaking, even if there is something tricky, it is impossible to reject it.

The facts were exactly as Su Bai thought, and Du Linmu struck the gavel.

Boom boom boom!
"Dismiss the application of the respondent party."

"In addition, I would like to remind all members that during this trial, the statement must not be interrupted intentionally for any reason, otherwise, a double warning will be issued."

Du Linmu glanced at Li Shuangjun, who had been sued.

Li Shuangjun nodded, and replied, "Good judge."

Seeing this, Su Bai could not help but smile.

It seems that the presiding judge noticed that Li Shuangjun was interrupting the statement on purpose and reminded him in advance.

The implication is obvious, that is:
Already reminded ha.

Li Shuangjun, no matter how deliberately you interfere with the order of the trial and expel you from the trial site, you have not violated any rules.

PS: Ask for a monthly pass~

(End of this chapter)