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

Chapter 77 The intersection of civil and criminal
The silence in the courtroom lasted for an unknown length of time.

After Ren Zhen finished speaking, he did not sit down, but stood there, looking at Zhang Tian and Li Kai quietly.

The other prosecutor who came in with Zhang Tian was probably just his assistant.

The person next to Li Kai didn't look like an assistant. He should have been a member of the collegial panel.

Judging from what they just said, Zhang Tian and Li Kai should have been in a dominant position in the first trial.

Now their faces are even uglier.

"As for whether Shi Hao had criminal intent before contacting Youen Company again, we will stop discussing it here for the time being."

Liu Lin wiped his sweat and stopped the topic.

Originally, Zhang Tian and Li Kai were called here to understand some of the situation and try to make this retrial as solid as possible.

Unexpectedly, such a situation would occur shortly after the trial started.

Although there is a possibility of changing the verdict in a retrial, it would not look good in terms of face to directly say that this person was wrong or that person was wrong in front of the person handling the original trial.

It's not just the defense lawyer who mainly says this. Now even the prosecutor of the retrial means this, and there's nothing he can do to reconcile it.

"In the charging opinion of the Xincheng District Public Prosecution Court, it was believed that Shi Hao had the purpose of illegally possessing other people's property."

Putting aside the issue of criminal intent for the time being, Liu Lin announced the start of the discussion on the next controversial point.

“The reason of the Xincheng District Public Prosecution Court is that Shihao and Youen Company signed a compensation agreement on June 20, 6XX. According to the content of the agreement, it is sufficient to cover Shihao’s various compensation claims.

Shi Hao once again argued that there was no legal claim for the 200 million yuan compensation, and Shi Hao fabricated the fact that his family was not satisfied with the 30 yuan compensation, which can be determined to have the purpose of illegally possessing other people's property. "

Regarding this point of view, Zhai Ming did not raise any objection, so there was no need to ask for his opinion.

Turning to Ren Zhen, Liu Lin signaled that he could start: "The defender can speak."

"First of all, the defenders have different views on whether Shi Hao has a legal claim for the subsequent 200 million yuan compensation.

Let us not discuss for the time being the circumstances under which Shi Hao's request for compensation of 200 million yuan was made, in what form, and what the nature of this request was. "

Ren Zhen's words made several judges and prosecutors present subconsciously look at their colleagues around them.

Especially Liu Lin, if he looked left or right, he would almost break his neck.

Everyone could tell that although Ren Zhen said "let's not discuss it for now", it must have other meanings.

As for what it means, everyone has different guesses, and they are somewhat confused.

"We only proceed from the legal perspective and focus on whether Shi Hao has a legal right to claim the 200 million.

According to the relevant provisions of my country's civil laws, although the compensation agreement signed between Shihao and Youen Company clearly stipulated that Shihao would "no longer sue and give up his claim for compensation," Shihao did not of course lose all civil claims rights.

According to the relevant provisions of the Civil Code on 'obvious unfairness', under certain special circumstances, Shihao still has the right to file a lawsuit with the People's Court to demand additional compensation or to revoke or change the original agreement. "

Chang Jiahang promptly found the compensation agreement and put it on the table. Ren Zhen glanced at it and continued:

“At the same time, in the case of Youen Company’s problematic milk, Shi Hao was not the victim himself, so as the guardian of his daughter Shi, Shi Hao only signed a compensation agreement with Youen Company on behalf of Shi.

When in the compensation agreement signed on his behalf, a certain interest does not cover the interests that should be protected when damage occurs or when 'obvious unfairness' or 'change of circumstances' occurs, Shi Hao gives up his rights on behalf of his daughter. Actions may be declared void. "

what?
After Ren Zhen said these words, not only the judges and prosecutors were stunned, but even Shi Hao's mind was a little unable to turn around.

So this is what I said when I signed this agreement?Then didn’t I sign up for loneliness?

Then why am I in jail because of this agreement?

Naturally, no one would give Shi Hao an answer to his random thoughts. At this time, the judges looked at Di Ming and Zhang Tian in unison.

The reason for looking at Zhang Tian is that this view first appeared in his accusation opinions in the first trial.

Theoretically speaking, you can always give a reasonable explanation for what you write, right?
He looked at Zhai Ming because, as the prosecutor of the retrial, he did not question this point of view.

Does that mean you agree?

And as the only person in the court who is performing prosecutorial duties, you have to fight against the defense lawyer opposite.

"Prosecutor?"

There was another brief silence in the courtroom, and Liu Lin called out to Di Ming.

"As to whether Shi Hao has the right to claim the 200 million."

Di Ming thought for a few seconds and then slowly spoke:
"Although Shi Hao did sign the compensation agreement on behalf of his daughter, who is still a minor, it is not invalid of course.

As the defense argued, the waiver of rights in the agreement may be invalid only when certain circumstances arise.

However, when Shi Hao made a request for compensation of 200 million yuan, there was no corresponding unfairness or change of circumstances. Therefore, Shi Hao's behavior should continue to be bound by the compensation agreement, that is, he should not continue to claim compensation from Youen Company. "

Zhang Tian and Li Kai breathed a sigh of relief at the same time.

The point about Shi Hao's criminal intent just now made their hearts hang in doubt.

If the following controversial points are also refuted, the possibility of the first instance verdict being overturned will skyrocket.

This is of course what they don't want to see.

"And since the agreement has been signed, it should be abided by. As far as claims-related agreements are concerned, if everyone is like Shi Hao and promises to give up the pursuit of compensation and then regrets it, then the meaning of signing the agreement will be gone."

When it came to the civil field, Zhai Ming found that there were some things on his lips that he didn't seem to be so clear about when he really wanted to say them out, so he spoke very cautiously:

"Therefore, on the premise that no special circumstances occur, Shi Hao has no legal claim for the 200 million yuan in compensation and should be deemed to have the purpose of illegally possessing other people's property."

is it?

Ren Zhen found that these prosecutors seemed to like value?

Huang Jing seemed to have said something about Wen Xuan's previous case, and how it would have an impact on social stability and family ethics?

Just now Zhai Ming said again, what will happen to everyone if they are like Shi Hao.

Are you tired from thinking so much?

No wonder these two are buddies.

"But what we are discussing today is whether Shi Hao has the purpose of illegally possessing other people's property."

"Illegal possession is a matter of criminal law, and whether you have the right to claim is a matter of civil law."

Ren Zhen said slowly:
"The civil issue has not yet been clarified. How can we directly determine criminal liability based on this?"

(End of this chapter)