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

Chapter 179 If you insist on giving more, how can you count me as stealing?
"Defendant Xu Jiaxian and defense lawyer, do you have any objection to the facts and charges charged by the prosecutor?"

Zhang Lixia knew that the answer to this question must be yes, otherwise this trial would not have happened.

"It was the money that came out of the ATM itself. I just took it, not stole it."

Xu Jiaxian spoke timidly, insisting that he was not a thief.

After training in the first and second trials, I can speak fairly fluently and not like some defendants who stutter like crazy.

"defender?"

Zhang Lixia knew that it didn't really matter what the defendant said, as long as he expressed his objections, it was enough. The highlight was still on the lawyer's side.

Especially since this was not the first time she had dealt with Ren Zhen, Zhang Lixia was very curious. The case was so clear this time. What other tricks could this eloquent lawyer come up with?

“The defense has no objection to the facts and evidence in the indictment.”

Hearing what the lawyer across from him said, Tan Haizhou nodded approvingly at the prosecution table.

It seems like today is another day where I can get off work early.

He forgot that this was a second-instance case that was sent back for retrial. If the lawyer did nothing, why would he apply for a retrial?
"But the defender does not accept the charges charged by the prosecutor."

Sure enough?
Zhang Lixia was not surprised at all. If there were no objections, this guy would not appear in court.

Judging from his understanding of Ren Zhen, as long as it is a case that Ren Zhen handles, none of them can go to trial smoothly.

Object to the charge?

Tan Haizhou was a little surprised, but he didn't take it too seriously.

Although he was not responsible for the previous first and second trials, before this trial, he had carefully studied the work results of his predecessors. He knew that the defense lawyer in the first trial also raised objections to the charges.

"Are you going to bring up the crime of embezzlement again? You didn't succeed in the first trial. Why do you think you can do it?"

Tan Haizhou shook his head, sat up straight, and entered fighting mode.

"Defender, please briefly explain why you object to the charges in the indictment?"

Zhang Lixia had a pile of materials in his hand, and while talking, he took out the first-instance judgment.

Let me take a look at what the judge of first instance reasoned about the crime of embezzlement.

“The public prosecutor accused the defendant Xu Jiaxian of stealing from a financial institution. The underlying logic is that the defendant Xu Jiaxian took money that did not belong to him from the ATM.

However, the defendant Xu Jia first withdrew money from the automatic teller machine through his bank card that was officially processed at the bank.

Although the money withdrawn exceeded the balance on his card, this did not change the nature of Xu Jiaxian's behavior.

Withdrawal is a financial settlement process that includes application, approval, delivery, and accounting, while taking is a personal behavior. "

As soon as Ren Zhen started, Zhang Lixia stopped reading the first-instance verdict.

This doesn’t seem to be about invasion, right?

There seems to be no need to read the verdict of this trial.

Why doesn't this lawyer follow the rules?
Tan Haizhou was stunned for a few seconds, then turned to look at Wang Ye. Fortunately, the assistant was not in a daze, and was writing Ren Zhen's speech under Fenbiji.

"From the perspective of the basic business of the bank, the Xu family withdraws money from the automatic teller machine. In essence, the bank repays it, which is legally a creditor-debt relationship.

The repayment of debt cannot be completed in a secret manner by any party or in a way that it considers secret. The money will only be delivered by the debtor and not taken by the creditor.

Therefore, the objective action of withdrawing money directly eliminates the possibility of theft.

From the perspective of the creditor-debt relationship, if the withdrawal is greater than the deposit, it essentially means that the debtor's repayment amount is greater than the actual debt. The creditor has thus obtained unjust gains under civil law and should return it to the debtor in accordance with the law. "

Ren Zhen sat back down, and several judges looked at each other with disbelief in their eyes.

It turned out that we thought people wanted to fight embezzlement because they didn't agree with the crime. Is this just wishful thinking on our part?Who would have thought that this lawyer would directly plead not guilty?

During the first trial, the defense lawyer also had objections to the charges. He wanted to explain Xu Jiaxian's behavior as embezzlement.

During the second trial, the defense lawyer also wanted to plead not guilty and mentioned unjust enrichment, but the lawyer tried to confuse the details in order to get through.

Apparently, their plans failed.

But the lawyer in front of him not only had objections to the charges, but also wanted to plead not guilty, but his thinking was completely different from that of the first and second instance lawyers.

Even if unjust enrichment is also raised, it is from a completely new angle.

The previous unjust enrichment was that the Xu family took money that did not belong to him, but the current unjust enrichment was that the bank repaid the Xu family more money.

Can I steal what you gave me?
In one sentence, the nature of Xu Jiaxian's behavior completely changed.

"The prosecutor will interrogate the defendant next."

Putting aside all the thoughts in his mind for the time being, Zhang Lixia signaled to Tan Haizhou that he could start.

"Xu Jiaxian, at around 20:21 on the night of X month X, [-]XX, you came to the M City Commercial Bank cash machine on Jianshe Avenue, M City"

Facing Tan Haizhou's interrogation, the Xu family did not hide anything and told everything they could recall honestly.

Anyway, we have already said it in the first and second instance, so there is nothing we can’t say.

The Xu family is quite open-minded in this regard. In addition, when he met with Ren Zhen before, Ren Zhen also said whatever he asked and answered truthfully, so he had no psychological burden.

As the defendant was extremely cooperative, the prosecutor's interrogation ended quickly.

"Defender, you can ask questions to the defendant next."

Zhang Lixia was very curious as to what questions Ren Zhen would ask next to match the objections he raised to the charges.

"Xu Jiaxian, was the bank card you used to withdraw money on the day of the incident registered under your ID card?"

The Xu family nodded first: "Yes."

Everyone except Xu Jiaxian was a little surprised when they heard Ren Zhen's question.

What charter is this?
Does this issue have anything to do with the case?

After a brief period of doubt, some people began to think deeply when they thought about the objection raised by Ren Zhen just now.

"You made a total of 170 withdrawals four times, which took more than two hours. During these two hours, did any bank staff come to talk to you?"

Xu Jiaxian himself was a little speechless. It was already past nine or ten o'clock in the evening. Who would be serious about working in a bank at this hour?

"No."

But the Xu family still knew how to cooperate.

"Is there a talking device on the ATM and no one can contact you remotely through this device?"

"No."

The Xu family shook their heads first.

This way of questioning
In the prosecution dock, Tan Haizhou vaguely felt something was wrong.

"Judge, I'm done asking."

Ren Zhenshi sat down and a small uproar sounded.

Especially some of the uninformed spectators in the auditorium, who didn't quite understand the cause and effect. When they saw the lawyer asking a few innocuous questions, they immediately started talking in low voices.

Such a hasty question, could this lawyer be trying to make money?
(End of this chapter)