If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 175 Withdrawal and Taking

"Although this judgment is somewhat advanced in its explanation of secret theft, I personally think that such advance is reasonable. Whether it is to only identify the method of theft as a secret, or to expand the interpretation of the secret, I think it is OK. Accepted.”

Chen Guangming and Duan Yiping both nodded in agreement.

Although this view is unfavorable to the defendant, objectively speaking, the explanation of secret theft in this judgment can indeed be regarded as an improvement.

It's just that for the defendant and the defense lawyer, the feeling of being a stepping stone on the road to legal progress is really uncomfortable.

"Taking advantage of others' danger and using legal forms to cover up illegal purposes can only make the Xu family first bear the civil liability for returning unjust gains.

Attorney Kong has fully elaborated on unjust enrichment. "

Ren Zhen glanced at the defense opinion and then looked at the reasoning part of the judgment:

"When Xu Jiaxian committed the illegal act, he did it without any contact with the bank secrets, which did not meet the legal characteristics of taking advantage of others' danger. He also continued to withdraw money after he discovered that the ATM was malfunctioning, subjectively in order to obtain deposits that did not belong to him. There is Clearly at fault.

Unjust enrichment in civil law, the acquisition of unjust benefits, is due to the fault of the victim. "

Obviously, Kong Xiaotian did research on unjust enrichment, but the court's rebuttal was also very powerful.

"Looking at it this way, unjust gains are really not worth fighting for."

Ren Zhen was talking to himself while reviewing the game, not knowing who he was talking to.

But everyone present had no objections. When they were thinking about a certain case, they would enter this state from time to time.

The thinking at this time is completely based on legal instinct, without considering whether it is beneficial to the parties or whether it will have a positive or negative effect on the defense of the case. It only analyzes the legal possibility of each part as much as possible.

Maybe in a certain part, you will find a node that can break the situation.

Ren Zhen now seems to be reviewing Kong Xiaotian's defense opinions and the court's judgment, but in fact he is also sorting out the feasibility of the existing ideas.

“The last question is whether an ATM can be recognized as a financial institution. There should be no precedent before, and there is no clear legal provision on this.

However, combined with the current economic and social development, the meaning of financial institutions should be appropriately expanded, and there is no problem in including automatic teller machines into the scope of financial institutions.

There is no need to worry about this point. The defense opinions of the second trial were basically rejected. The only ones recognized by the court had no substantial impact on the direction of the case, so these directions are not feasible.

On the other hand, the court took into account the special circumstances of this case and imposed a sentence below the statutory penalty for theft from a financial institution. It is indeed not too harsh, and five years is basically reasonable. "

Although his murmur was not loud, everyone sat very close and everyone else could hear it clearly.

Seeing Ren Zhen finishing the defense opinions and verdict without saying anything new, Duan Yiping and Kong Xiaotian became a little anxious.

Doesn’t it mean there is a new direction?Just say it out loud and listen!

"From the perspective of criminal law theory, there is nothing wrong with the identification of theft, and the conviction and sentencing are clear enough. It is not really an injustice. But if the parties involved really want to appeal, maybe they can try to escape from the criminal law?"

Ren Zhen raised his head, and several question marks faced him.

Breaking out of criminal law?

For such a big criminal case, are you telling me to step outside the criminal law?

You yourself said just now that unjust enrichment can be refuted by the court, but you forgot about it so quickly?

"The judgment says that the Xu family made a total of 170 withdrawals, and only the first one can be considered unjust enrichment, right?"

Looking at their expressions, Ren Zhen knew that he would be beaten if he didn't explain.

"Yes, it's only the first time." Duan Yiping and Kong Xiaotian nodded at the same time. This point was made clear in the first and second trials. There is no doubt about it, right?
"Then what if we push the Xu family's behavior forward?"

Push it further?

Except for Ren Zhen, none of the three and a half lawyers, including Chen Guangming, understood what Ren Zhen meant.

"What I mean by going beyond the scope of criminal law is not relying on unjust enrichment."

There was an inexplicable look in Ren Zhen's eyes: "Do you know the difference between taking and withdrawing?"

Take?

Withdraw?

Several faces were still confused, but Chen Guangming raised his eyebrows and reacted immediately.

Can you still fight like this?
"In the judgment, the word 'withdraw money' was used many times to describe Xu Jiaxian's behavior on the day of the incident, but in fact this is indeed what people can do at an ATM.

Then the counterpart to withdrawals is naturally deposits. Deposits plus withdrawals are essentially the financial settlement between the cardholder and the bank. "

Ren Zhen recalled the accounting knowledge that he had not yet forgotten. After taking the legal professional qualification examination, he also prepared for the CPA exam intermittently.

Although it is true that this area of ​​​​business is not used much, even if it is used, it is enough to temporarily study and delve into the relevant professional knowledge.

But Ren Zhen adheres to the career philosophy of always learning, and he understands some professional concepts, and now he actually uses them.

"Financial settlement? Can you give more details?"

Duan Yiping and Kong Xiaotian realized that Ren Zhen seemed to have really proposed a path they had never imagined, and their previous suspicion and slight contempt for Ren Zhen disappeared.

The two of them were serious undergraduates in law, and they could not be said to know anything about finance and accounting.

"Just now he talked about withdrawing and taking. The key point is actually the distinction between these two concepts."

Chen Guangming is not proficient in this area, but he has done some research: "Withdrawal is a financial settlement process that includes application, approval, delivery, and accounting, while taking is just a personal act.

For example, we can withdraw wages or other expenses, but obviously we cannot withdraw stolen money. "

The concept alone is a bit abstract, but Chen Guangming casually gave an example, and Duan Yiping and Kong Xiaotian keenly grasped the key points.

"The Xu family first took the bank card and withdrew money from the ATM. If he had committed theft, the stolen money could not be the target of the withdrawal."

Thinking about it this way, they probably knew the direction of Ren Zhen's defense.

Wonderful!

"But this is just an idea. If you want to make a comeback based on basic business terms, I don't think we should be so optimistic."

Ren Zhen shook his head: "We still have to study the specific defense."

Duan Yiping and Kong Xiaotian stood up, their voices full of respect: "Although this is a basic term, we think this idea is completely feasible!

Then we will tell the director and ask him to contact the family members of the client, and the case will be handed over to lawyer Ren.

We look forward to your good news! "

(End of this chapter)