You became a lawyer and sent the judge in

Chapter 144 Basic verdict: He Dongsheng is not guilty
It was determined that the legal staff of Quan An Insurance's legal department had inductive inquiries about He Dongsheng and He Dongsheng's mother.

It is equivalent to saying that during the first trial, the first point of judging He Dongsheng's guilt is already invalid evidence.

Then the second and third points.

Correspondingly, it will be withdrawn due to insufficient charges.

To be precise, based on the above points, this second trial has basically been able to rule He Dongsheng innocent.

Su Bai let out a long breath.

Not only that, but with such a judgment, the foundation for subsequent malicious accusations against Quan An Insurance was also laid.

In this case.

Gu Bin and Li Shuangjun had clearly foreseen this.

The faces of both of them were a bit ugly. After looking at each other, Gu Bin whispered:
"This Su Bai is also an old litigator..."

"We need to pay more attention to the next defense."

"I'm also to blame for this decision. I didn't predict it in advance... Otherwise, we wouldn't have fallen into such a passive state now..."

Li Shuangjun rubbed the center of his brows: "If it were me, I wouldn't be able to handle it well, just pay attention next time."

"This case is mainly based on the subjectivity of the presiding judge. After the verdict is over, basically the sentence of the second trial will be commuted or not guilty."

"The next point of defense needs to be on the other party's lawsuit against us against Ping An Insurance..."

"However, if the verdict is not guilty, we will be in a slightly disadvantageous situation for the subsequent charges against us."

"We still need to try our best to make the judgment at the stage of commutation, so that He Dongsheng cannot be found not guilty."

"Even if He Dongsheng is found not guilty, he shouldn't be found not guilty so easily."

To put it bluntly, it is just a sentence, try to interfere with the result.

have to say.

Li Shuangjun's analysis is still very judgmental.

After listening to Li Shuangjun's analysis, Gu Bin nodded slightly: "Well, I understand."

The trial is still going on.

Judgment table, the presiding judge's seat.

After Du Linmu made a judgment on Quan An Insurance's behavior, he made a summary based on the materials.

Boom boom boom!
The gavel sounded.

"Now this court will briefly summarize the case."

"First, it is determined that the legal department of Ping An Insurance has a certain inductive nature in asking He Dongsheng and his mother."

"The evidence submitted by Quan An Insurance was judged to be invalid."

"In addition to the conditions in the first-instance judgment, can Quan An Insurance produce or provide other evidence to prove that He Dongsheng has subjective evidence of fraudulent insurance?"

Li Shuangjun: "Judge, yes."

"We believe that He Dongsheng bought a large insurance policy on purpose and suffered accidental injuries in just a few days. We request the litigant to explain this matter..."

Now that the first point is judged to be denied, it is necessary to find a breakthrough point from other aspects.

Li Shuangjun's idea is to deepen the presiding judge's subjective judgment from this aspect, and to determine that He Dongsheng cheated on insurance.

After all...how should I say it?
You bought such a large amount of insurance, and you suffered accidental injuries in just a few days. You said it was not intentional, and it is hard for anyone to believe it!
His idea is to influence the presiding judge's subjective judgment tendency from this aspect.

When Li Shuangjun was questioning, Su Bai smiled.

Raise your hand:

"The presiding judge has asked questions about safety and security, and we have applied to present new evidence."

Boom boom boom!
"The application is approved and the litigant is requested to present new evidence."

"Okay, presiding judge."

Su Bai took out the previous recording pen, and then took out an amplified speaker.

Generally, these things are not prepared in court.

For recordings, video and audio, etc., if publicity is made in court, the lawyer who presents the evidence needs to prepare corresponding things.

After getting everything ready, Su Bai played the content in the recorder.

in the recorder.

What was played was the communication between Su Baizai and the sales staff of Quan'an Insurance.

During the communication, the sales staff of Quan An Insurance were very enthusiastic throughout the whole process, introducing various insurances, and wanted Su Bai to increase the insurance amount.

After the recording ended, Su Bai began to speak.

"Presiding judge, according to my questioning of our party just now, our party's statement and evidence have already shown why we have to purchase such a large amount of insurance."

"It's because the insurance salespersons are very enthusiastic, and He Dongsheng can't refuse this kind of enthusiasm. That's why He Dongsheng bought a huge amount of insurance."

"The evidence we have presented can clearly show this."

"This is the reason why He Dongsheng bought a huge amount of insurance, not that He Dongsheng bought a huge amount of insurance just to cheat the insurance."

"There is no direct relationship between buying a huge amount of insurance and fraudulent insurance.

Moreover, the subsequent accidental disability is uncontrollable.

There is no relationship between buying a huge amount of insurance and accidental disability in a short period of time.

There is no legal causal relationship that should be established in law. "

"Therefore, it cannot be determined that we have the subjective willingness to defraud insurance through the fact that we have purchased a large amount of insurance and an unexpected situation has occurred within a short period of time after the purchase."

"Judge, we have finished our statement."

Li Shuangjun's question just now was actually very ingenious.

The purpose is to express that there is a certain causal relationship between the purchase of huge insurance and accidental disability.

have a legally interrelated meaning.

But Su Bai directly denied the connection through statements and evidence.

It was confirmed why He Dongsheng bought a huge amount of insurance and produced corresponding evidence.

It denied any legally established relationship between He Dongsheng's purchase of a huge amount of insurance and fraudulent insurance.

This is the most important thing.

Boom boom boom!
After listening to Su Bai's statement, the presiding judge Du Linmu looked at the seat of the accused party and asked:

"Does Quan An Insurance have any objection to the factual basis stated by the plaintiff?"

Li Shuangjun shook his head: "No objection."

At the same time, Li Shuangjun was a little surprised by Su Bai's performance in this trial.

hiss.…

How should I put it, he always felt that when Su Bai attacked him, he would always pull out some unexpected things.

It seems that all aspects of defense preparations have been made before the trial, and it is determined that it can deal with various situations and scenes.

This performance made him feel some pressure.

Boom boom boom!
"Except for the above problems."

"Is there any new question that Quan An Insurance has to raise in other aspects?"

Li Quanjun was silent for a few seconds before slowly speaking: "Judge, we don't have any other questions."

Boom boom boom!
"Does the prosecution have any other questions?"

Hu Bing shook his head.

When the presiding judge judged that Quan An Insurance was inductive, this lawsuit had nothing to do with their prosecution.

If it is determined that Ping An Insurance is inductive, then it proves that there is a problem with the case, and there was a problem when the case was filed.

Ping An Insurance needs to bear certain responsibilities for this case, which is also the malicious accusation sued by Su Bai.

If there were problems at the time of filing the case, regardless of whether He Dongsheng really cheated on the insurance, the case would basically be acquitted in the second instance.

According to the provisions of the procedural law, the evidence of the first instance was incomplete, and the issue of evidence was not dealt with in time before the trial.

Even opening a case with inductive questions can be judged to be illegal evidence.

It's just that if it is judged as illegal evidence, the required court defense is very troublesome.

This is also the focus of the next stage of the defense, so the presiding judge only judged the inductive question, and did not judge it as illegal evidence.

We've come to this point, what else is there to say?

"The prosecution has no further questions."

Boom boom boom!
After hearing Hu Bing's words, Du Linmu rang the gavel and looked at He Dongsheng who was seated by the parties.

Regarding this case, Du Linmu also had a certain degree of judgment on whether He Dongsheng was guilty or not.

Obviously, in the current trial process, the tendency and evidence for He Dongsheng's innocence are getting bigger and bigger.

but.…

There is one last point to confirm.

"Can the prosecution and Quan An Insurance provide other legal and factual basis for the review of He Dongsheng's fraudulent insurance?"

Hu Bing: "The prosecution cannot provide it."

Li Shuangjun glanced at Gu Bin, and then at the presiding judge in the trial seat.

"Presiding judge, we admit that our legal questions have a certain tendency, but this tendency is not intentionally exaggerated. If He Dongsheng didn't cheat on insurance, then he would deny it outright. Presiding judge, I think this One point needs to be seriously considered by the presiding judge."

"Our question is indeed tendentious, but it is not illegal."

dong dong!

"Okay, there is no need to continue to make statements about the security insurance. The collegial panel has already understood the contents of the trial that you have stated."

When Li Shuangjun heard the presiding judge's words, a bad feeling suddenly appeared in his heart...

dong dong!

"The court will be adjourned now. After the court session, it will be announced whether He Dongsheng has cheated on insurance!"

Accompanied by the fall of the gavel.

Announce adjournment.

The members of the collegial panel leave.

In the courtroom, Li Xuezhen rubbed her eyes: "Lawyer Su...after half an hour, my eyes are sore..."

Su Bai: ...
"Lawyer Su... I feel that when the adjournment is over and the trial starts again, He Dongsheng will definitely be found not guilty. Is it my advantage now? Lawyer Su."

Su Bai frowned. According to the procedural law, the other party provided inductive evidence, and He Dongsheng's innocence is certain.

but.….
Do not stand buff...
"Well! You'll know when the court is held again, don't expect so much now."

"Oh."

"Good Lawyer Su."

Li Xuezhen nodded seriously with a small face.
.
.... ...

At the same time, on the other side, Li Shuangjun and Gu Bin's expressions were not very good.

Because they all know that after the adjournment is over, if it is determined that He Dongsheng is not fraudulent, they will be in trouble.

"Let's sort out the materials carefully. We can't control whether He Dongsheng is an insurance fraud, but we must let him dismiss the malicious accusation, otherwise it will have a great impact on our security insurance."

"I see."

Gu Bin let out a long breath, a little annoyed with the handling of this case.

In the past, when they filed lawsuits with the legal affairs of Quan An Insurance, they were directly confronted by the opposing lawyer who was speechless.

But today...

Give him a little headache.

No...it's a headache! .
 …
The collegiate panel discussion room of the court.

Du Linmu, Zhang Huan, and Li Chengxiu, three members of the collegial panel sat on the sofa, discussing the verdict on He Dongsheng.

"You guys should have understood the situation in the trial just now, right? What do you two think about He Dongsheng's insurance fraud?"

Zhang Huan smiled: "How else can we look at this? According to the provisions of the criminal procedure, inducing evidence is illegal evidence, and illegal evidence must be acquitted."

"It has not yet been judged, but it does not mean that the evidence provided by Quan An Insurance is not illegal evidence."

"In this case, I actually contacted the presiding judge of the first instance. During the first instance, the legal counsel of Quan An Insurance acted as a third party to accuse He Dongsheng, and did not mention this matter at all."

"And the judgment of the first instance was based on three points of evidence."

"When this case was accepted by our court, the litigant applied for the second-instance lawsuit based on inductive evidence as illegal evidence. Now it is judged that the evidence submitted by Quan An Insurance was inductive. Then, whether He Dongsheng is an insurance fraud is an issue. It's obvious."

Li Chengxiu agreed with Zhang Huan's idea: "I agree with Judge Zhang's idea. Whether He Dongsheng has cheated on insurance is mainly based on evidence for subjective judgment."

"Now that it has been determined to be inductive, He Dongsheng's subjective aspect is not to engage in insurance fraud for illegal purposes."

"The other thing is that we have already learned about it through the trial scene. It is obvious that what Quan An Insurance does is not what a normal company should do."

Hearing the conversation between the two, Du Linmu, the presiding judge, nodded slightly.

"What you two said is very reasonable, and I think so in my heart, but what do you think of the lawsuit against Ping An Insurance for malicious accusations?"

Facing the question raised by Du Linmu.

Both Zhang Huan and Li Chengxiu were silent for a few seconds.

Li Chengxiu frowned slightly, and said:
"Since He Dongsheng is found not guilty, then Quan An Insurance has provided evidence of illegality, saying it is malicious, it is indeed malicious.

But this evidence alone cannot show the malice of its subjectivity. "

"From the perspective of ordinary people, I think this is a malicious accusation, but as a judge, I think more facts or supporting evidence are needed to prove it."

"Well! I think the same way."

Zhang Huan added.

"Ok!"

Du Linmu nodded: "As for the determination of the malicious accusation, it depends on the pleas of both parties and the evidence they can provide."

"But neither of you have any objections to He Dongsheng's innocence verdict?"

Zhang Huan: "I have no opinion."

Li Chengxiu: "I have no opinion."

"Okay, let's do this first."

Du Linmu nodded.

Zhang Huan and Li Chengxiu had the same thoughts as him.

There was no objection to the verdict of He Dongsheng's innocence.

The key point is that the litigant's complaint against Ping An Insurance Company——

Quan An Insurance Company maliciously accused He Dongsheng of fraudulent insurance.

call.…

This is the most critical point of the trial.

"This trial should be the most exciting trial I have seen since presiding over the trial this year."

Du Linmu recited a sentence silently in his heart.

Afterwards, she quietly sat on the sofa with her eyes closed and rested, preparing for the court session.

PS: Ask for a monthly pass~

(End of this chapter)