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

Chapter 75 Who's Playing Hooligans?
Over interpretation!

The word Ren Zhen is used very rudely.

In addition, his gaze towards the auditorium was not concealed at all, and the four people in the auditorium suddenly became unable to sit still.

What is overinterpretation?

Do you mean we are talking nonsense?
Seeing them caring about the order of the court and wanting to refute but unable to speak, Shi Hao suddenly felt an inexplicable pleasure in his heart.

“Secondly, after signing the compensation agreement with Youen Company, Shi Hao never took the initiative to contact Youen Company.

According to the evidence identified by the court of first instance, Shi Hao had never had contact with Youen Company since June 20, 6XX, and it was not until June 13 of the same year that he had the third incident with Youen Company after signing the compensation agreement. One call. "

Ren Zhen took a pile of evidence nailed together from Chang Jiahang: "On the contrary, Youen Company took the initiative to make 6 calls to Shi Hao from June 13th to June 6th, but none of them answered. Pass.

Judging from these two facts, I think we can confirm that Shi Hao never took the initiative to find Youen Company.

As of today's trial, the defender has combined all the evidence and facts identified by the first and second instance courts and has not found Shi Hao's criminal intention to continue claiming compensation from Youen Company. "

As Ren Zhen told it, Liu Lin kept looking at the evidence in his hands.

After all, the case was a few years ago and I have not been directly involved in it, so I still need to make the necessary preparations.

The other two judges gathered together behind Liu Lin, not knowing what they were talking about.

Zhang Tian and several others in the auditorium were filled with disdain.

Still can’t find Shi Hao’s criminal intent?
There is so much evidence, combined with the explanation I just gave, and if you still say you can’t find it, you are lying with your eyes wide open, right?

“Leave aside for the time being whether the word mens rea exists, after all, we have not yet reached whether Shi Hao’s behavior constitutes a crime.

What we are mainly discussing now is actually Shi Hao's claim for 200 million from Youen Company. Is it a request made by him on his own initiative, or a condition provided by Youen Company on his own initiative. "

The faces of Zhang Tian and others changed, while Zhai Ming looked thoughtful.

In the charging opinion of the Xincheng District Public Prosecution Court, the word "criminal intent" was used from the very beginning.

This is actually not very common. After all, the word "criminal intent" is equivalent to directly labeling Shi Hao a criminal.

According to the usual accusation logic, Shi Hao's criminal behavior should be confirmed first, and after the crime is objectively confirmed, the subjective issues can be discussed.

Ren Zhen now downplayed the issue of mens rea and turned to discuss who took the initiative between Shi Hao and Youen Company. He cleverly avoided the word mens rea and intentionally or unintentionally pulled Shi Hao out from the shadow of this word. Secondly, it is also hinting to the Tribunal that there is a problem in this place, and you should weigh it yourself.

Although Zhai Ming also questioned Shi Hao's criminal intent, he did not dismantle the underlying logic so thoroughly.

After all, he is the prosecutor, and raising objections is just to keep the case on its original track, rather than trying every means to exonerate the defendant.

"Combined with the fact that Shi Hao did not take the initiative to contact Youen Company, and that Youen Company called Shi Hao many times, plus what was just said, it is Shi Hao's legal right as a citizen to be interviewed.

I think at least we can be sure that before Youen Company took the initiative to find Shi Hao, that is, as of June 20, 6XX, Shi Hao had no criminal intent to blackmail Youen Company, and he did not have any blackmail or deliberate blackmail. the behavior of. "

Next to Ren Zhen, Shi Hao had completely calmed down and looked at the auditorium with confidence.

Lawyer Ren only stated the facts of what happened, but in Shi Hao's ears, he was filled with admiration.

How come the same thing is so clear when spoken to by others?
I haven't committed any crime now, right?
That Zhang Tian, ​​it’s useless to slap me randomly!
What is the profession of riding a horse?
"Whether Shi Hao has criminal intent cannot be judged simply by whether he took the initiative to contact Youen Company, but must be combined with all his actions and analyzed as a whole." Sitting next to Zhang Tian, ​​the judge named Li Kai spoke up "Although Youen Company took the initiative to call Shi Hao, these calls were caused by Shi Hao's behavior in the interview.

Moreover, Shi Hao deliberately did not answer the phone in order to further put pressure on Youen Company and thereby provide conditions for subsequent compensation.

The defense's logic aside from the question of mens rea is just nonsense! "

Li Kai originally wanted to say "playing a gangster", but suddenly thought that as a judge, using words like "playing a gangster" would make him look very unprofessional, so he abruptly changed it to an idiom.

"You said it was Shi Hao's behavior in accepting the interview that led Youen Company to take the initiative to call Shi Hao? Is there any evidence to support this view?"

Ren Zhen pretended to look through the file, but didn't seem to find anything.

In fact, he has long been familiar with all the files and knows that it is impossible to find such evidence:

"I didn't find it in the judgments of the first and second trials, including all the evidence. If there is, you can tell it to the presiding judge."

Ren Zhen deliberately emphasized the word "presiding judge" very hard, and everyone heard that there was something in his words.

As soon as Li Kai opened his mouth, Liu Lin already wanted to interrupt him. At this time, Ren Zhen was so little concerned about Li Kai's face: "A few of you are here today to help understand the situation, so don't mention other irrelevant points. "

After receiving a hidden warning from the presiding judge, Li Kai froze, glared at Ren Zhen, leaned back in his chair and stopped talking.

While Li Kai was speaking, Zhai Ming and his assistant Cheng Liang had already flipped through the files quickly.

After finishing the page, Di Ming turned his head slightly, facing the auditorium with deep eyes.

What Ren Zhen said just now was quite polite and asked Li Kai to explain what evidence it was.

And Zhai Ming finally figured out what was wrong with the logic of the first-instance judgment regarding Shi Hao's criminal intent.

It is actually very far-fetched to say that Shi Hao has the intention to continue to claim compensation from Youen Company based solely on Shi Hao's interview and his behavior of buying milk.

Even if Zhang Tian explained it, it was far from enough to conclude that Shi Hao had criminal intent.

But coupled with Li Kai's two causal relationships just now, it just fits.

Si-ho gives an interview, which leads to Yo-eun’s company calling him.

Shi Hao did not answer the phone, which caused greater pressure on Youen Company, giving Shi Hao the opportunity to continue claiming compensation from Youen Company.

This is complete logic!

The accusation opinions of the Xincheng District Public Prosecutor, as well as the final part written in the judgment, are simplified.

Why simplify instead of showing it completely?

Ren Zhen has already given the answer to this question.

Because there is insufficient evidence!

(End of this chapter)