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

Chapter 180 The bank made a mistake, you hold me responsible?

"The prosecutor will begin to present evidence."

Knowing Ren Zhen's defense style, Zhang Lixia knew that these seemingly unrelated issues would definitely become a shield for the defendants later on, so he did not elaborate too much and directly started the evidence and cross-examination process.

"Evidence 20, the report statement issued by M City Commercial Bank confirms that: On the morning of X, month installed at.
Evidence [-], testimony of witness Huang Moumou
Evidence [-]: Defendant Xu Jiaxian’s account opening information provided by M City Commercial Bank confirmed that: Xu Jiaxian’s account was
证据九，M市商业银行提供的完整流水记录数据和涉案账户取款交易明细，证实：卡号为于21时57分21秒至22时20分21秒共指令取款59次，每次取款1000元，其中最后一次.”

More than twenty pieces of evidence were displayed one by one, and Ren Zhen listened while comparing them with the information at hand.

Well, it is exactly the same as the previous evidence. If no new evidence emerges, then the possibility of variables is unlikely.

"The defense begins cross-examination."

Under Zhang Lixia's command, Ren Zhen stood up and picked up the A4 paper on which he had just outlined the outline.

“The defender has no objection to the evidence provided by the prosecutor, but has objections to the proving purpose of Evidence [-] and [-].

The public prosecutor accused the defendant of stealing from a financial institution. The most basic basis was the two pieces of evidence, which proved that the defendant had stolen a total of 174000 yuan from a commercial bank in City M.

But as I said just now, theft means taking property that does not belong to the perpetrator. In this case, Xu Jiaxian’s behavior was to withdraw rather than take. From the two pieces of evidence provided by the prosecutor, we can also hear that the prosecutor’s use The words are also "How many times did the defendant withdraw money at a certain time, minute and second, how much yuan was withdrawn each time, and how many yuan was withdrawn in total"

It can be seen from this that the prosecutor and I actually have the same view on the nature of the defendant’s behavior.

Based on the prosecutor's evidence, we were able to draw a conclusion completely contrary to his accusation. Therefore, the defender believed that the evidence provided by the prosecutor was not problematic, but its purpose of proof was wrong. "

Tan Haizhou took a deep breath and looked at the evidence catalog in his hand.

withdraw money
This word is not wrong. They said this in the two previous court hearings, and I have never seen anything like this happen?

If we follow this lawyer's thinking, can the act of withdrawing money be considered theft?

Tan Haizhou suddenly felt that today's work did not seem to go as smoothly as he imagined, and was even much more difficult than the first and second trials.

"Are there any other cross-examination opinions?"

Although the evidence has been tested in two judgments, it stands to reason that there will be no major problems again, but Ren Zhen's cross-examination was so brief that Zhang Lixia was not used to it.

Did this kid change his gender today?That’s the only opinion?

However, this is just the inertia of thinking. Zhang Lixia can also see that the highlight of today's trial is not the evidence or even the facts, but the explanation and argument of the defendant's behavior by the prosecution and defense.

Ren Zhen shook his head and had no intention of speaking anymore.

"If there is no other cross-examination opinion, then we will enter the court debate."

Zhang Lixia communicated with Zhao Guangxin and Gu Changzhi beside him, and the trial advanced to the next stage. "In response to what the defender just raised, the money obtained by the defendant Xu Jiaxian from the ATM is unjust enrichment under civil law, and the prosecutor does not accept it."

According to the procedure, the prosecutor spoke first. Tan Haizhou recalled the initial objection raised by Ren Zhen and began to refute:
"Unjust enrichment means that there is no legal basis for obtaining benefits, so the benefits obtained are not protected by law. It is precisely because of the nature of the legal facts that the parties take certain actions to obtain benefits. It falls within the civil category of unjust enrichment.”

Tan Haizhou's response basically referred to the second-instance prosecutor's rebuttal of unjust enrichment. Judging from the results of the last second-instance judgment, this view was eventually adopted by the judge and became one of the basis for the judgment.

"Isn't this prosecutor very good?"

In the auditorium, Duan Yiping and Kong Xiaotian whispered.

"His explanation was based on my point of view during the second trial, but what I said was that the Xu family took money that did not belong to him first, which is completely different from Lawyer Ren's unjust enrichment."

Kong Xiaotian nodded. Although he never met Ren Zhen alone again, they had a guess about the direction of Ren Zhen's defense.

Coupled with what has been shown since the trial, Ren Zhen's thinking is basically clear.

As two of the people most familiar with this case, they heard that Tan Haizhou's words just now were off the mark.

"Lawyer Ren's unjust enrichment is based on the fact that Xu Jiaxian's behavior is a withdrawal. The act of depositing and withdrawing money means that the creditor's rights and debts relationship between the cardholder and the bank has changed.

Even if he wants to refute, he should start from the creditor-debt relationship. Otherwise, the unjust enrichment is established. How can he start from the nature of unjust enrichment itself? "

Duan Yiping and Kong Xiaotian gave some advice on the prosecutor's level and were somewhat moved.

Now it seems that Ren Zhen, a young youngster's idea, seems to be quite effective.

If this trend continues, maybe this innocent person will actually be beaten?

Sure enough, as soon as Tan Haizhou finished speaking, Ren Zhen stood up without even needing to think:
“The prosecutor said that the parties involved took certain actions on their own initiative to obtain benefits. The actions here refer to the Xu family inserting their bank cards into the ATM and operating the machine to withdraw money.

However, the defender needs to be clear that Xu Jiaxian’s behavior of using a bank card to withdraw money does not necessarily lead to the consequences of obtaining the money. He only issued instructions to the machine. "

After Tan Haizhou finished speaking, several judges also felt that something was wrong. Before they could think about it, Ren Zhen finished thinking for them:
“After receiving the instruction, the machine still needs to approve the instruction, then the money is delivered from inside the machine, and finally the accounting is completed on the system.

In previous judgments, the nature of automatic teller machines has been clarified, that is, automatic teller machines are part of financial institutions. In other words, withdrawing money from an automatic teller machine is the same as withdrawing money at the counter with a bank card. Essentially the same.

Just imagine, if the Xu family first went to the counter to withdraw money with their bank cards, and the staff at the counter made a mistake and gave the Xu family 100 yuan on the premise that the Xu family wanted to withdraw 1000 yuan, but in the end only 1 yuan was deducted from his card. Shouldn’t we? Do you want to say that the Xu family committed theft first?

Why is the customer responsible for the bank's work errors? "

(End of this chapter)