As a Lawyer, You Sent the Judge In?
Chapter 10: How can a bank prove that its money is its own?
Chapter 10 How can a bank prove that its money is its own?
Li Mo raised his hand and applied to the presiding judge.
Yu Caixia looked at the defendant, which was the direction of Li Mo.
“If the defendant’s lawyer has any questions, he can raise them in court.”
Li Mo took a deep breath and drew out the first-instance judgment: "Presiding judge, I apply to reject the plaintiff's lawyer's statement."
“Reason for application.”
Li Mo handed the first-instance judgment in his hand to the staff on the side. After seeing Yu Caixia taking it in his hand, he spoke seriously.
"Just now, the plaintiff's lawyer, Su Bai, a lawyer from Baijun Law Firm, was dissatisfied with the first-instance Nandu Junior Court's judgment and stated the corresponding reasons. However, the plaintiff's lawyer Su Bai avoided the important and ignored the light. He only stated the first two points of the judgment and deliberately Ignored the next few points.”
“The third point of the judgment is that the Nandu Lower Court found that Wang Li chose to use the property to go to the hospital to pay bills even though he knew it was bank property.”
"The party involved, Wang Li, described it very clearly in his statement just now. After leaving the bank, Wang Li was out of danger and still chose to take money to the hospital to pay. Based on this, it can be determined that this was Wang Li's own subjective judgment. "
"Instead of the plaintiff's lawyer Su Bai, who described Wang Li as being in an emergency situation, I would like to ask the plaintiff's lawyer why your client chose to go to the hospital instead of calling the police when he clearly knew that it was bank property. Hand over money from the bank?
In other words, wait until you arrive at a safe place before returning the money.
But Wang Li happened to use the money to pay for the hospital.
This explains!
First of all, he knew that this was money robbed from the bank. Secondly, even if the kidnappers threatened him, at the time when he left the bank, Wang Li was already out of danger and did not constitute an emergency escape condition.
Isn’t the combination of the two subjectively equivalent to grabbing the bank’s money to save one’s father? "
“Of course, I know this is human nature, and I do not deny Wang Li’s emotional concern and love for his father.
But from a factual and legal perspective, there is no problem with Wang Li's judgment. "
“Presiding Judge, I have finished my statement.”
After Li Mo finished speaking, he glanced in the direction of Su Bai. He added the last paragraph temporarily.
He also knows that the public opinion generated by this case will have a significant impact, so he must pay attention to the impact of public opinion while winning the case.
Otherwise, once the case is over and the case is won, Nandu Bank’s reputation will suffer great losses.
Yu Caixia nodded slightly.
“Does the plaintiff have any opinions or different opinions on the defendant’s counterclaim?”
Li Mo glanced at Su Bai provocatively.
Su Bai raised the corners of his mouth slightly, this was the moment he had been waiting for!
The time to bring down Nandu Bank has come!
“Presiding judge, I have no opinion on what the defendant put forward. The defendant’s lawyer is right based on his point of view, but there is one thing that the defendant’s lawyer ignored.”
“I would like to ask the defendant’s lawyer, how did you determine that the money in Wang Li’s hand belonged to the bank? Is there any evidence that the money belonged to the bank?”
"The defendant's lawyer also said that it was our client Wang Li who took the bank's money and went to the hospital to pay the relevant fees. This judged our client Wang Li's subjective intention. But how can we prove that the money belongs to the bank?"
Su Bai's rhetorical question confused Li Mo. What does this mean?
What is meant by how to prove that the bank money belongs to the bank? !
This TM question is a bit outrageous!
Not only Li Mo was stunned, but many members of the hearing at the trial also didn't understand. How could it be like this? TMD is awesome!
Such a tricky question can be asked!
The audience who watched the live broadcast of the trial were also stunned for a few seconds.
"Hahaha, what does this mean? Let the bank prove that the bank's money belongs to the bank, damn! This lawyer has something! Bullshit!"
"This lawsuit has embarked on a trend that I don't know about. I feel like my head is broken. Isn't this lawsuit about Wang Li? Shouldn't it focus on Wang Li's commutation of his sentence? The bank is the attacker. "Why are Wang Li's lawyers so aggressive now?"
“I don’t know, but I think this lawsuit is so interesting! Isn’t it better than Bo Renren?”
“It’s a bit fun to watch, but I don’t quite understand it. Let’s see what Teacher Luo says later!”
In court.
Su Bai's tricky question was immediately silenced by Li Mogan. For a moment, he was a little confused as to what Su Bai was thinking.
From the perspective of asking questions, there is indeed nothing wrong with Su Bai’s question.
But from a factual point of view, the money that the robbers robbed from the bank did not belong to the bank, did it fall from the sky?
And Li Xuezhen looked at Su Bai thoughtfully, seeming to understand something.
Dong dong dong!
Yu Caixia banged the gavel and looked at Su Bai calmly: "Is the plaintiff's lawyer's statement supported by evidence or legal basis?"
“There is a chief judge.”
Su Bai pulled out a piece of dossier material from the first trial.
“Presiding judge, this is the evidence provided by the prosecutor during the first trial.”
"According to the evidence submitted by the public prosecution, there was chaos inside the bank at that time. The robbers not only robbed the money inside the bank, but also robbed customers who were withdrawing money from the bank and mixed them in sacks. "According to the surveillance camera, the robber who gave Wang Li money took two bundles of cash from the sack."
“It’s impossible to tell whether these two bundles of cash were robbed from the bank or robbed from customers who had already withdrawn the money and were about to leave. How can the bank prove that the money belongs to the bank?”
"If it cannot be authenticated, then the bank cannot conclude that our client participated in the robbery of the bank. The money was indeed obtained from the robbery, but it did not come from the robbery through our client. The robber handed the money to our client. Our client is at most unjustly enriched, so we ask Nandu Bank to prove that the money belongs to the bank.”
Everyone on site:? ? ? ?
Can it still be like this?
Yu Caixia frowned slightly. She had been the presiding judge for so many years and had tried hundreds of cases. This time, the Wang Li robbery case had a huge social impact, and the president of the court asked her to serve as the presiding judge.
But this case was the first time she had seen the process so tortuous and the questions asked so outrageous.
But everything was within the scope of the court's process. Yu Caixia didn't have any big emotional bias and looked at the bank.
“Does the bank have any evidence to refute the questions raised by the plaintiff’s lawyer, or object according to legal provisions?”
Li Mo's lungs were about to explode.
ˆTMD.TMD.TMD
When will the bank have to prove that the bank’s money belongs to the bank?
(End of this chapter)
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