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

Chapter 185: Put aside facts and law?I punish myself with a drink!
"What do you think?"

While everyone in the courtroom was discussing, several judges were doing the same thing on their way back to their offices.

Facing Zhang Lixia's question, Zhao Guangxin and Gu Changzhi both shook their heads, with confusion on their faces.

"I think what the defender said is reasonable."

No matter how difficult the issue is, it must be discussed to reach a conclusion. Gu Changzhi spoke first: "Actually, the trial said so much, but in the final analysis, he said that the Xu family's act of withdrawing money with a card is considered a withdrawal in terms of banking business.

In terms of withdrawal, it is an activity between Xu Jiaxian as a customer and the bank, so it cannot be said that he stole the bank's money, because to steal, you have to take it, right? "

Gu Changzhi scratched his head and felt that there was nothing wrong with his summary: "The most basic thing about theft is to identify the theft as a secret. I won't talk about the secret. Before, I felt that the explanation of the secret in the second trial was a bit far-fetched. Although it made sense, in the end It's not the same thing as the secrets we often talk about.

Now there is an explanation for stealing. Stealing is an action of taking the initiative, which is obviously not the same thing as withdrawing!
There is no secret and no theft. I don’t think this constitutes theft. "

Maybe it was because he hadn't fully digested the points absorbed during the trial, so Gu Changzhi's words were somewhat verbose, but Zhang Lixia and Zhao Guangxin basically understood his thoughts.

"What do you think, Lao Zhao?"

After opening the office door, the secretary hadn't come back yet, so Zhang Lixia asked the two of them to sit down.

After closing the door, Zhang Lixia looked at Zhao Guangxin again.

As the presiding judge, it is not just as simple as presiding over the court hearing. He must also ask and understand the opinions of other members of the collegial panel to ensure that the final judgment is unanimously recognized by the members of the collegial panel.

"Let's put it this way, it does make sense."

Zhao Guangxin hesitated for a while, then shook his head: "But I think it should still be sentenced as theft."

"How to say?"

Zhang Lixia asked.

"Let me ask you, if you are not sentenced for theft, then what is the sentence?"

Zhao Guangxin asked back: "The Xu family must be held criminally responsible for committing such a crime first. The question now is what crime they should be held responsible for.

If you think about it this way, if this behavior is not theft, is it really embezzlement? "

"In case of encroachment."

Gu Changzhi shook his head: "It really can't be calculated. Although what the lawyer said is clear and logical, in terms of the creditor-debt relationship and the loan-debit relationship, the Xu family has no legal basis for holding this money.

This money was neither something that the bank asked him to keep for safekeeping, nor was it a forgotten property of the bank, nor was it a buried property of the bank. Objectively, it could not be a crime of embezzlement.

If you put it this way, it seems that you can only be sentenced for theft?
But I also feel that this concept of withdrawing and taking does have some meaning.”

Zhang Lixia poured three glasses of water and was thinking about this issue in her mind.

"Depositing and withdrawing money are indeed a loan relationship in the legal sense, but the problem now is that the ATM is broken. The Xu family first used this loophole to withdraw the money from the ATM. Can it be regarded as a normal withdrawal? "

When he asked the question, everyone fell silent. "Xu Jiaxian's behavior is definitely inappropriate in the first place. The question now is, can his inappropriate behavior, combined with the action of withdrawing money, constitute a crime?"

This is what Zhang Lixia was thinking about during the trial.

"On this point, I agree with what the lawyer said in court. If he is very rich and has more than 100 million on the card, and withdrawing 10,000+ in this way, can it be considered theft?"

Zhao Guangxin recalled Ren Zhen’s example, “Then the bank will probably contact him directly after discovering the error and correct the error in the system, right?
If this behavior constitutes a crime, it would have been completed when he took the money away, and it could not have been completed after the bank's urging failed. "

"Then even if he has more than 100 million in the card, does this behavior not constitute a crime?"

Gu Changzhi did not agree very much: "He took advantage of the loopholes in this ATM machine and withdrew more than 10,000 yuan, and more than 100 yuan was deducted from the card. In disguise, he took away money that did not belong to him."

"Then let's assume that this situation really happened, and the person has been arrested now, and we will hold a trial."

Zhao Guangxin pondered for a few seconds and then began to reason: "The defendant said, I just want to withdraw 10,000+, and his ATM deducted the wrong amount, what does it have to do with me?
Although the defendant's subjective malignancy can be judged based on his behavior, objectively speaking, there is money on his card. Just because the money withdrawn is inconsistent with the money deducted by the system, can he be found guilty? "

"What you said makes sense."

Gu Changzhi had a headache. He felt that what he said made sense.

"Well, according to Lao Zhao's thinking, if a person with enough money on his card commits this act, it cannot be considered a crime. If it were Xu Jiaxian who had no money on his card, the same behavior should not be considered a crime."

Zhang Lixia followed Zhao Guangxin's train of thought and immediately became a little irritated: "But when I first heard about this, my first reaction was that this person must have committed a crime.

Could it be that my simple legal concept is not working? "

Zhao Guangxin and Gu Changzhi looked at each other.

Having been judges for so many years, our brothers’ legal concepts can’t be considered simple no matter what, right?
But Zhang Lixia is right. After analyzing strictly according to the law, he came to a conclusion that was completely inconsistent with his own intuition. This is normal for ordinary people, but it is definitely a problem for experienced judges like them. Very scary thing.

This means that either the case is so complex that current law cannot fully resolve it, or they should be slapped to death on the beach.

The current case clearly belongs to the former.

"His view on withdrawals and withdrawals is from the perspective of banking business."

Zhao Guangxin held the tea cup and didn't take a sip for a long time: "What if we are not limited to this level and think from the simplest perspective?"

Perhaps Zhang Lixia's simplicity inspired him, so Zhao Guangxin decided to return to his original roots and start from the most basic place.

"Just because the Xu family made a mistake in using the ATM to withdraw 10,000+ money that did not belong to him, regardless of whether it was a withdrawal or a withdrawal, the money is not his, right?
Since it's not his, isn't it stealing? "

Zhao Guangxin didn't say a few words before he felt that he was a little off track.

"Old Zhao, you have the wrong idea. How can you not care whether it is a withdrawal or a withdrawal? This is a completely different nature."

Gu Changzhi immediately expressed his objection, and Zhao Guangxin sighed: "Indeed, my idea should not have turned into disregarding facts and laws. I have made a detour for myself. I will punish myself!"

(End of this chapter)