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

Chapter 181 What if he has 177 million?

Just imagine?

Whose counter staff can confuse 100 and 1000?
Not to mention, can the bank card be deducted 1 yuan for 1 yuan?

sophistry!This is sophistry!
Tan Haizhou had not yet recovered from the refutation of his point. When he heard Ren Zhen's last thought, he subconsciously wanted to refute it.

Ren Zhen has not finished speaking: "I know that the possibility of this situation happening in reality is very small, and it is not an exaggeration to say that it is absolutely impossible, but I am not trying to prove that this situation is possible.

What the defender wants to prove is that withdrawing money from an ATM is of the same nature as withdrawing money over the counter.

Then the same behavior, placed on the ATM and placed on the counter, should lead to the same conclusion. "

Tan Haizhou stopped when he wanted to stand up.

He had no doubt that the ATM belonged to a financial institution, and experts had been specially invited to explain this during the second trial, so there was no doubt about it.

But now, the lawyer used the points confirmed by the court to defend his case, which suddenly made him unable to turn around.

If this mistake were made on the counter, would it be considered theft?
Tan Haizhou thought for ten seconds and found that he really couldn't.

After discovering the error, the teller will definitely correct it immediately. At most, the customer will be unwilling to return it after leaving the bank. At this time, it may constitute embezzlement.

Thinking of this, Tan Haizhou was stunned.

Encroachment?Put it this way, does this unjust enrichment really seem to be true?
He shook his head vigorously, suddenly wondering if he had not woken up.

It was clearly not unjust enrichment, so why was it suddenly established again?
Only then did Tan Haizhou realize that there seemed to be a loophole in his speech just now.

In the auditorium, Kong Xiaotian was already in admiration.

For the same unjust gain, why can others come up with such smooth ideas?
"Prosecutor?"

As the presiding judge, Zhang Lixia was not so hasty to make a judgment. Seeing that Tan Haizhou did not get up for a long time, he reminded him.

Tan Haizhou stood up quickly: "The defender's explanation of the initiative is too one-sided, although after the defendant issued instructions to the ATM, a series of operations were still performed inside the ATM.

However, the bank system failed that day. The defendant deliberately withdrew more money even though he knew the balance was insufficient. He was obviously taking advantage of the bank's mistake to take money that did not belong to him. His subjective malice was clear and cannot be simply broken. The connection between its withdrawal behavior and the results of obtaining money. "

The response is quite fast.
Tan Haizhou's response this time grasped the key point, and directly started to counterattack Ren Zhen's "initiative" that emphasized the argument. Ren Zhen thought for a moment and slowly spoke:
"Based on the logic of the prosecutor's determination that Xu Jiaxian was suspected of theft, which is actually the logic in the previous judgment, we can calculate the amount of Xu Jiaxian's theft."

The amount stolen?

This time, not only Tan Haizhou, but also the judges on the trial bench and the two lawyers in the auditorium did not respond.

What's the point of calculating this thing?
After being found guilty, the judge will take care of it, so you don't have to be so enthusiastic, right?
Chen Guangming, who was wearing a mask, touched his sparse hair, his eyes full of approval.

He had already seen Ren's intention.

"From the first trial, I think everyone thinks that the amount Xu Jiaxian stole is very clear. Every time he withdraws 1000 yuan, the bank will wrongly deduct 1 yuan from his card, so Xu Jiaxian stole 999 yuan in one withdrawal.

So the Xu family made a total of 174 withdrawals on the day of the incident, so 173826 yuan was stolen. "

Ren Zhen had obviously already passed it, and there was no lag at all. Someone in the auditorium had already taken out his mobile phone and started looking for a calculator.

On the trial bench, Zhao Guangxin quickly scratched the paper twice and listed out a calculation. He glanced at Zhang Lixia and Gu Changzhi to indicate that Ren Zhen was not wrong in his calculation.Well, so what?

Everyone knew that Ren Zhen was not here to show them mathematical calculations.

"But has anyone ever thought about it, Xu Jiaxian's bank card originally contained 177.26 yuan."

Ren Zhen looked at the numbers in his hand: "Xu Jiaxian took a total of 174000 yuan from the ATM, so excluding the more than 100 yuan that was already in his card, he should have stolen 173822.74 yuan.

Although it seems to be only a few yuan short, it can already show that the calculation method of stealing 999 yuan every time a withdrawal is wrong! "

173826 and 173822.74.

The difference is only three or four dollars.

But everyone in the court suddenly felt heavy in their hearts.

They know that this is not just a matter of three or four dollars.

Just like accountants, they are not afraid of missing thousands or tens of thousands in their accounts, but they are afraid of missing a few dollars or even a few cents.

Three or four yuan may not seem like much, but if the calculation method is wrong, this is a big deal!

There is no doubt that what Ren Zhen said is that Xu Jiaxian originally had 177.26 yuan on his card. This number should be subtracted to determine the amount of the theft. This calculation method is correct.

But if that's the case, then.
My mind was spinning fast and I had already realized something.

"So if we think according to the prosecutor's logic that Xu's family was suspected of theft, he took away 173826 yuan that did not belong to him, but what if he had more than 177 yuan on his card?

What if he has 177 million on the card? "

Ren Zhen's calm tone made Tan Haizhou's heart skip a beat.

Xu Jiaxian, who was in the dock, muttered to himself, I want to have 177 million. As for withdrawing 1000 at a time?
Zhang Lixia clasped her hands together and fell into thinking.

According to the prosecutor's logic, no, it should be said that according to the trial logic of the first and second instances, no matter how much Xu Jiaxian's deposits were, as long as he withdrew 174000 yuan, the automatic teller machine under the system failure would only deduct 174 yuan, then he was I got an extra 173826 yuan.

But Ren Zhen pointed out the core of the problem. What if Xu Jiaxian’s money from Qatar Airways is more than 17?
So if he took away 17 yuan, can it still be considered theft?
After thinking about this, Zhang Lixia's expression became solemn.

In this case, both the first and second instance judgments were wrong?

Although he was not in charge of this case before, he also knew that the hospital invited many academic experts to analyze the case. Before the trial, he also asked many colleagues involved.

According to the opinions of experts, even if Xu Jiaxian's first withdrawal could be considered unjust enrichment, but he continued to withdraw money after discovering the malfunction of the ATM, and the subsequent 173 withdrawals were all thefts.

Now it seems that this legal analysis is simply untenable, right?

Because whether you withdraw more money depends on the balance and the actual amount withdrawn, and has nothing to do with the number of withdrawals.

As long as the money withdrawn does not exceed the balance, even if the machine breaks down, it is a problem with the machine. You can't say I am committing theft just because the machine deducts less money, right?
Any adult with normal intelligence should understand this truth, right?

(End of this chapter)