You became a lawyer and sent the judge in

Chapter 143 Do you want to argue a few more sentences?Argue with a hammer!
Du Linmu knocked on the gavel, and after reminding Li Shuangjun, he glanced at the trial scene.

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

In these hundreds of trials, I have seen many trial lawyers who want to use small rules to prevent the opposing lawyer from expressing key pleadings in the court hearing.

For this situation, he personally disliked it very much.

At trial.

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

The reasonable, legal and compliant means that can be used are the reasonable, legal and compliant means.

I am absolutely not taking sides with any of the above.

But make such a small move.

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

Although other presiding judges did not necessarily do this, but during his tenure as presiding judge, he requested this.

During the trial he presided over, no such behavior was allowed.

dong dong!

After Du Linmu briefly summarized and extracted the key points from Su Bai's previous statement, he looked at Su Bai who was sitting on the litigant's seat and spoke slowly.

"The litigants are now invited to continue their presentation."

"Good judge."

Grasping the character of the presiding judge, Su Bai took a long breath and continued to make a statement:
"The judgment of our insurance fraud is based on the above three points, and the prosecution also agrees with this."

"Here, I would like to ask the prosecution, if both He Dongsheng's mother and He Dongsheng were asked inductive questions by Quan An Insurance, and thus determined to have the subjective willingness to defraud the insurance, is this evidence justified?" Is it not substantive evidence...?"

Hu Bing: "Yes, according to the Criminal Procedure Law, Article [-] is not substantive evidence."

"Presiding judge, I would like to ask a few questions to lawyer Gu Bin, who is in the seat of the accused party."

"It has a significant connection with this case."

dong dong!

"application passed."

"The litigant can ask questions, but remember to follow the order of the trial, and don't ask questions that are irrelevant to the case, or have tendentious questions. Otherwise, the trial has the right to terminate your question."

"Good judge."

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

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

Su Bai looked at Gu Bin's face, and said slowly:
"Lawyer Gu, I would like to ask if you had 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 for contacting and asking 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 insureds who purchase our security insurance."

"At the same time, I would also like to ask the lawyer of the litigating party, do these two questions of the lawyer of the litigating party have anything to do with this case?"

Anti-customer.

Gu Bin asked Su Bai directly.

Su Bai smiled and nodded: "Of course it does matter. The first contact of the insurance should be the policyholder and the insured. There are many types of beneficiaries, and they should be the last to inquire."

"However, it is somewhat unreasonable for Lawyer Gu to directly ask the beneficiary."

"At the same time, I also want to ask, what did Lawyer Gu ask He Dongsheng's mother?"

Gu Bin smiled, he understood what Su Bai meant.

Most likely, Su Bai's idea is that he wants to confirm his inquiry through the current inquiry, which is indeed inducing to a certain extent.

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

Foreshadowing what?
A malicious accusation against He Dongsheng by Quan'an Insurance Co.

That's why I keep asking him these questions.

Want to find loopholes in his words to attack.

After all... Su Bai can completely avoid asking him such questions.

It is much easier to ask the person concerned first or look at the corresponding evidence than to ask what he wants to come.

At the same time, Gu Bin knew very well in his heart that the key to this trial was whether his previous inquiry was maliciously inductive.

It is undeniable that the previously submitted evidence is indeed somewhat inductive.

But this point can be argued, and the final judgment is in the hands of the presiding judge.

After thinking about these things, Gu Bin casually typed:

"Lawyer Su, I may not be able to fully recount the content of my previous inquiry, but there is evidence provided. If Lawyer Su wants to know, he can use the evidence to confirm the content of my inquiry."

"I can't answer this question directly because it involves legal rigor."

"OK, thanks.…"

Su Bai smiled and nodded.

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

The other party is very careful about the small routines in the trial and other people's careful thinking.

What Gu Bin thought was right, the reason why he asked so many questions was to find some loopholes from Gu Bin.

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

tsk tsk...
It really feels a little bit like being a stickler for each other.

It seems that this trial will not be easy!
The main aspect of judgment is to rely on evidence and legal basis.

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

But well.

For such a situation, Su Bai had certain psychological expectations.

After receiving Gu Bin's refusal to answer.

Su Bai let out a long breath, then slightly raised his head to look at the presiding judge's seat and said:
"The presiding judge...the lawyers of the accused party could not answer our questions accurately, so we applied to ask the parties to state the situation at that time."

dong dong!

"The application is approved, now the litigant asks the parties to make a statement."

"Good judge."

Su Bai looked at He Dongsheng who was seated by the parties, and asked:
"Can the client remember clearly that the legal lawyer of Quan An Insurance responded to your inquiry?"

"can."

"Ok."

"Now, please give a general statement. You don't need to describe it in detail. You only need to describe the general content clearly."

"Probably the specific content is that the legal lawyer of Quan An Insurance at that time, that is, the lawyer Gu who is sitting in the court hearing now, has been asking me if I have the idea of ​​defrauding insurance..."

"Then how did you answer?"

"My answer is that I have no intention of cheating on insurance.

Then Attorney Gu asked me why I had no intention of defrauding insurance, so why did I prepare to sue Ping An Insurance.

Another question is, if I didn’t have the idea of ​​fraudulent 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 and told me that this is not an act of fraudulent insurance...

There are other messy things, I can't remember, but I remember the last point very clearly, the general meaning of Lawyer Gu is to ask me to surrender..."

"Then what do you really think when you buy such a large amount of insurance?"

"Purchasing such a large amount of insurance, of course, the real idea is to be able to pay more in case of any accident...

The most important thing was the salesperson at that time, who insisted on enthusiastically asking me to buy a large amount of insurance, which would protect my life in the future. "

"I couldn't save my face at the time... Then the salesman was very enthusiastic. I thought to myself that my job is very dangerous. If there is an accident, I will pay more. It is a guarantee for myself. , and then bought such a large amount of insurance.”

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

"I asked... Attorney Gu also said that my mother had already told me that I had the idea of ​​fraudulent insurance, and asked me to plead guilty earlier... But Lawyer Gu didn't say it directly, he hinted at me."

"How did he hint?"

"It's half of what I said, let me make up a paragraph, 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 your above remarks?"

"I take full legal responsibility for the above remarks."

"Ok."

Su Bai nodded: "Thank you for your cooperation, I have finished asking what I wanted to ask."

After asking.

Su Bai said: "According to the description of our party and the evidence submitted by the party accused when the case was filed.

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

"It has been constantly leading us to the topic of fraudulent insurance, and has not made objective statements and inquiries."

"It strongly guides the subjective wishes of our client and our client's mother."

"And there is one more thing... that is, through the description of our client, Gu Bin, a legal officer from Quan'an, told our client that we should ask our client to surrender."

"Surrender yourself? Why surrender yourself?"

"And there is no such item in the evidence submitted by Quan An Legal. I would like to ask the lawyers of Quan An Legal, what is going on about this? Why is this not included in the evidence you submitted?"

Li Shuangjun was silent for a few seconds to Su Bai's another crucial question.

In the end, it was Gu Bin who answered, because he was the one who started to deal with this case.

I have a better understanding of the situation at that time.

As to why this was not in the evidence submitted?
Of course, he prepared a double recorder.

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

One is submitted to the judiciary for filing a case, submitted to the prosecution as evidence, and one is kept by oneself.

Is there anything wrong with that as a baguette?

And even when the prosecution passed the inspection, they couldn't find any problems.

There is absolutely nothing wrong with it.

Besides, the other party didn't know that there were double recording pens.

Isn't it easy to handle such a simple thing?
What's more, Su Bai's question is really easy to refute.

Why is 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 show evidence, if you can't show evidence, I will sue you for making false statements in court.

Is there anything you can do?Obviously, there is no way around it.

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

Opening:
"The chain of evidence we submitted is complete, and there are no traces of modification or splicing, which has been verified by the prosecution.

As for 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 should also submit evidence."

"Otherwise, we have the right to suspect that the parties involved deliberately attacked us with non-existent things at the scene of the trial, so as to affect the fairness of the trial."

how to say.…

The legal affairs of Ping 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 judge.  …

Determine whether Gu Bin's inquiries about He Dongsheng and He Dongsheng's mother are inducements.

As long as such a judgment 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 opposing lawyer.

The other two lawyers were the same as the old fox.

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

Su Bai knew that this question would definitely not yield any results.

After all, they didn't have any substantive evidence, and the other party refuted it back as soon as they refuted it.

So why ask this question?Ask casually, and by the way, lay the foundation for the next trial defense, so that the other party cannot object to the judgment.

This is Su Bai's purpose!

So far, the goal has been achieved.

Su Bai: "We have applied to reject the other party's application."

"We have no evidence to prove that the other party said these things to He Dongsheng, but similarly, the other party has no evidence to show that the other party did not say these things."

"At the same time, we are applying to judge that the lawyers of Quan An Insurance's legal department violated the regulations and asked us tendentious questions."

Gu Bin:? ? ? ?

dong dong!

On the trial platform, the presiding judge sounded the gavel and looked at the seat of the party being litigated.

Dolin wood opening:
"In response to He Dongsheng's accusation against Gu Bin to persuade him to surrender, neither party has any evidence to prove its authenticity, so we will not make a judgment for the time being."

"Gu Bin, the defendant's lawyer, do you have any objections to the other content stated by the litigant and the litigant?"

These are identified in the evidence.

Gu Bin: "No objection."

dong dong!

"The respondent has no objection, so according to the other content of the lawsuit's complaint, the respondent's legal counsel for Quan'an Insurance has not fulfilled the fair and equitable inquiry responsibility that a lawyer should have,"

"The evidence has been examined by the collegial panel."

"In response to the complaint raised by the litigant, Quan An Insurance, the defendant, had a certain tendency to guide when communicating with He Dongsheng and his mother."

"Now make a judgment, it is true."

At the moment when Du Linmu's voice fell, Gu Bin froze on the seat of the accused party.

???

No, the presiding judge...how did you make the judgment so quickly?
Ask me two more questions...

I think I can make two more arguments...
Du Linmu: The litigant has applied for 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.

I asked if you had any objections, and you told me that there were no objections.

Also plead a hammer!

PS: Ask for a monthly pass~

(End of this chapter)