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

Chapter 183 Can a debit card be overdrawn?

Error approved.

Wrong account.

Accounting regulations.

Tan Haizhou was in a little pain. What was this all about?

No one told me before that in addition to studying law, to be a public prosecutor, you also need to learn financial accounting knowledge?
Tan Haizhou recalled Ren Zhen's logic over and over again, trying to find something to counterattack.

The withdrawal record is wrong, so the wrong account needs to be corrected.

After the correction is completed, it is concluded that the account is overdrafted, and then the bank can request a refund of the overdraft amount accordingly.

Overdraft?

Tan Haizhou's eyes lit up and he stood up confidently: "The defender mentioned that Xu Jiaxian's account was overdrawn, but according to the evidence, Xu Jiaxian's bank card is a debit card, and debit cards cannot be overdrafted!
On the premise that overdraft is not allowed, Xu Jiaxian's behavior of using the machine loophole to withdraw money is equivalent to taking money that does not belong to him from the ATM. Just because the machine has an error, the illegality of Xu Jiaxian's behavior cannot be blocked! "

Hmm. What the prosecutor said seems to make sense?

Zhang Lixia frowned, feeling that her brain cells were protesting crazily.

"It is true that debit cards cannot be overdrafted, but this is just the bank's classification of various cards and cannot erase the creditor-debt relationship between the cardholder and the bank."

I originally thought that my discovery would make Ren Zhen speechless. Who knew that Ren Zhen seemed to have been prepared for it and gave an explanation directly:

“In banking business, loans are indeed treated as deposits, but we should see clearly the real legal meaning behind deposits.

From a legal perspective, when a customer goes to the bank to deposit money, the bank actually borrows money from the customer. When the customer withdraws money, the bank completes the repayment and records the business transactions, which is actually the account.

Although the account looks like a storage space, where the customer's deposits are placed, it is only virtual, and the real legal relationship behind it is still a loan relationship. "

After a brief pause, Ren Zhen lowered his head and flipped through the table a few times. Chang Jiahang handed over an A4 paper at the right time.

After all, I'm not in my old profession, and I'm a little stuck.
Ren Zhen took a quick glance and continued: "The prosecutor thought that the debit card would not be overdrawn, but in fact he still misunderstood the legal meaning of deposits and withdrawals.

It is precisely because of misunderstanding accounts as a space for saving money, misunderstanding deposits as deposits, and misunderstanding withdrawals as withdrawals that there is a misunderstanding that debit cards cannot be overdrawn in a physical sense.

However, from a legal perspective, deposits and withdrawals are essentially changes in the relationship between creditor's rights and debts, and the true meaning of the account is the recording and statistics of lending operations.If people or machines cause repayments to be greater than the actual debt due to cognitive errors, the debit card account that truthfully reflects the relationship between creditor's rights and debt will inevitably be overdrawn.

Just like the situation in this case, now the Xu family has obviously withdrawn money that exceeds the balance of the account. Isn't this a manifestation of an overdraft on the debit card? "

Can a debit card be overdrafted?

Zhang Lixia felt that she was going to faint, so she asked the colleague next to her in a low voice.

"How do I know that?"

Zhao Guangxin wiped his sweat, and he was also a little confused: "According to my understanding, debit cards cannot be overdrafted, but think about what the lawyer said makes sense. It is just that the bank does not grant permission for such cards. .

But in reality, for example, if the bank withdraws too much for me when withdrawing money, it seems that it is indeed considered an overdraft? "

"What the prosecutor said about not being able to overdraft is in a practical sense."

Gu Changzhi came over and reminded them both: "What the defense lawyer said about overdraft is in a legal sense. According to the changes in creditor's rights and debts, when the loan relationship is unbalanced, overdraft may occur. I think this is nothing. question."

"It's difficult." Zhang Lixia sighed, ended the short discussion, and looked at the prosecutor's seat: "Does the prosecutor have anything to add?"

Tan Haizhou has been silent for a while, and it seems that he has no other options. If he doesn't say hello and goes down, he will be embarrassed here.

"No more, Judge."

Sure enough, after hearing Zhang Lixia's words, although Tan Haizhou still wanted to continue, he was actually relieved.

I know that Xu Jiaxian must have done something wrong, but now I can’t tell where he went wrong!
So frustrating!

"What about the defender?"

Zhang Lixia relaxed a little, and the trial was basically over.

Although it is still a bit troublesome, what is left is to study the problem to be solved behind closed doors. At least you don't have to worry about it in court. Every time someone speaks, you have to wonder if there is some new trick.

"I would like to add a few more words."

Ren Zhen nodded toward the trial seat, and seeing Zhang Lixia's agreement, he continued to speak:
"For the bank, the money taken by the Xu family in this case is a business error, which is essentially different from the cash shortfall caused by theft.

Business mispayments have clear reasons, destinations, and even records, and are receivables. However, short cash payments cannot be determined and recorded, and can only be included in the bank's losses.

As a bank, there is a clear process for recovering wrong business payments. The contact between the bank and Xu Jiaxian after the incident also confirmed this.

If the same thing happens to a millionaire, the recovery of wrong money may only require a phone call.

If the balance on the bank card is enough to cover the withdrawal amount, it is not considered theft. I think the same behavior cannot lead to different results even if I don't have that much money on the bank card, right?

The particularity of this case is that the Xu family took advantage of Cai and refused to communicate when the bank tried to contact him, which led to the bank reporting the case and then identifying the case as a theft. This logic is problematic.

If we look at the evidence again, we will actually come to a conclusion that is completely opposite to the previous judgment and even the prosecutor’s accusation:

The money Xu Jiaxian over-withdrawn from the ATM is legally considered unjust gain from lending; according to accounting rules, it is the result of an overdraft on his debit card; and for the bank, it is considered a business error and accounts receivable.

The above three conclusions are from different angles, but they can corroborate each other and prove that Xu Jiaxian's behavior is not theft. "

The clerk's fingers flew around, typing a series of afterimages on the keyboard. Seeing that Ren Zhen finally sat down, the clerk breathed a sigh of relief and typed the last period.

"Defendant Xu Jiaxian, you can make a final statement."

Entering the last stage, Zhang Lixia had already begun to think about how to judge this case.

"I"

Except for answering a few questions during the court investigation, Xu Jiaxian remained quite silent throughout the entire trial, with his head lowered and looking at the ground so that no one could see his eyes.

After two verdicts, his mentality has changed a lot.

When the first court session came, he was still very flustered and regretted a lot. But when the first-instance verdict came out, he felt a little bit disappointed.

Anyway, I’ve been sentenced to life in prison, so it won’t get worse no matter what, right?

(End of this chapter)