As a Lawyer, You Sent the Judge In?

Chapter 142 Tell me, are you not making a malicious accusation?

 After Li Shuangjun finished stating the lawsuit application.

 The judgment seat, the seat of the presiding judge.

Du Linmu briefly sorted out the lawsuit applications from the three parties and looked at the litigants' seats.

 “Party to the litigation.”

“Both the prosecutor and the party being sued have made statements regarding your lawsuit application.”

“Now to summarize the first point, whether He Dongsheng is guilty of bail fraud, please apply for appeal to revoke the first-instance judgment, plead not guilty, and start making your statement now.”

 “A good judge.”

 Insurance fraud case.

The most critical point in this kind of case lies in the subjective intention of the parties.

 And how to determine the subjective intention of the parties.

 The core is similar to the crime of fraud.

 They are all for the purpose of illegal possession, but the specific forms are different.

Su Bai nodded slightly, put the prepared materials and evidence on the table and began to make a statement.

“Consisting the crime of insurance fraud, the general situation is divided into:”

“1. The policyholder deliberately fabricates the insurance subject matter and defrauds the insurance money.”

“2. The policyholder, the insured, or the beneficiary fabricates false reasons for the insured accident or exaggerates the extent of the loss to defraud the insurance money.”

“3. The policyholder, the insured, or the beneficiary fabricates an insurance accident that has not occurred and defrauds the insurance money.”

“4. The policy holder or the insured intentionally causes an insured accident to cause property damage and defrauds the insurance money.”

“5. The policy holder or beneficiary intentionally causes the death, disability, or illness of the insured to defraud the insured.”

“The above are the five forms and specific situations of insurance fraud.”

“In this case, the policy holder and the insured are both our client, He Dongsheng, and the beneficiary is our client’s mother.”

“In the first-instance judgment, Article 5 was followed.”

“In other words, He Dongsheng deliberately caused himself to be disabled to defraud the insurance money.”

“In the judgment of the first instance, the evidence and factual basis and the standard for filing the case were:”

“He Dongsheng was in effect on the 5th of the month when the insurance was purchased. However, something happened to He Dongsheng on the 10th of the month, causing permanent disability in one of his palms and fingers.”

“And He Dongsheng purchased a huge amount of insurance.”

“There is no problem in using this to determine that He Dongsheng is suspected of defrauding insurance companies.”

“However, regarding the relevant auxiliary evidence...Presiding judge, we believe that some relevant evidence in the first-instance judgment is not consistent with the factual basis.”

“Presiding judge, I would like to state the entire process of the matter to understand the cause and effect of the case so that we can better analyze the supporting evidence.”

 Dong dong dong!

"application passed."

 After receiving the approval of the presiding judge’s application, Su Bai continued to make his statement.

“The cause of the case is that He Dongsheng purchased personal accident insurance and insured a large amount.”

“After purchasing the personal accident insurance, it took effect on the fifth day of the month. He Dongsheng became disabled on the 10th, so he made a claim to the insurance company.”

 “After He Dongsheng’s accident.”

“The insurance company’s personnel identified the insured accident, and the initial identification was a normal insurance behavior.

 It was an inquiry about He Dongsheng through the staff of the insurance company.

 After learning that our client suffered from high blood pressure, we used this to reject our claim on the grounds that the high blood pressure was not informed, and suffering from high blood pressure is no longer within the scope of compensation. "

“But according to the contract issued by the insurance company, if an accident occurs due to its own factors of hypertension, no claim will be made.”

"But.…."

“This insurance is for accidents not caused by high blood pressure, but caused by mechanical reasons, resulting in our accidental disability.”

“It is therefore extremely unreasonable to conclude that we are not liable for claims.

He Dongsheng had no intention of accepting the insurance company’s solution at the time, so he wanted to protect his own interests through litigation.

 Planning to take Quan'an Insurance to court.

  However, Quan'an Insurance only determined that our client was suspected of insurance fraud when we planned to protect our own interests from losses through litigation, instead of assuming that we were suspected of insurance fraud at the beginning.

Regarding this point, we ask the party being sued to answer our question: Why was we not initially suspected of insurance fraud? "

Although Li Shuangjun didn't know what Su Bai meant by this question, he could answer it very well.

 Speaking without thinking:

“Because at that time, the relevant staff of our company did not inform the legal department of the specific matters, and the relevant staff had no legal experience.”

“After investigation by our legal personnel, we discovered that the other party was suspected of insurance fraud and launched an investigation.”

Facing Li Shuangjun’s answer, Su Bai nodded with a smile and continued:

"OK."

 “Thank you to the respondent for your answer.”

 “We continue to state:”

“In the first-instance judgment, based on the materials submitted and the litigation defense in terms of security insurance.

The basis for suspecting that He Dongsheng defrauded insurance is that the time interval between Dongsheng's purchase of insurance and his own accidental disability causing permanent injury was too short. "

“It is suspected that He Dongsheng is subjectively suspected of defrauding insurance companies.”

“The evidence includes the following points: First, the insurance beneficiary is He Dongsheng’s mother. He Dongsheng’s mother is seriously ill and needs money, and he is suspected of defrauding insurance to treat his mother’s illness.

The legal affairs department of the insurance company inquired about He Dongsheng's mother and learned that He Dongsheng had the idea of ​​defrauding insurance companies. Based on the words of He Dongsheng's mother, they questioned He Dongsheng again and determined that he had the subjective intention to defraud insurance companies. Submit evidence to file the case. "

"We retain doubts about this key piece of evidence. The point of doubt is that we believe that the legal affairs of Quan'an Insurance have a strong guiding and purposeful nature in our inquiries."

"Second point:"

"Quan'an Insurance's legal affairs team inquired with He Dongsheng's colleagues and learned that He Dongsheng had mentioned that if something really happened, the insurance amount would solve his big trouble. Through He Dongsheng's colleagues, This further confirmed He Dongsheng’s subjective intention to defraud insurance.”

 “The third point:”

"Through the testing of professional institutions, the probability of accidents occurring without human intention is 5%. Through the testing of this professional institution, Quan'an Insurance Company believes that if we have the awareness of protection, we will not Should such an unexpected situation occur, we should further determine our subjective intention to defraud insurance. "

“According to the concept and constituent elements of the crime of insurance fraud.”

“The crime of insurance fraud refers to violations of insurance regulations and the conduct of insurance fraud activities for the purpose of illegal possession, involving relatively large amounts.”

“The subjective aspect shows that the criminal takes intentionality as the subjective condition.”

“The objective aspect is that the actor violates insurance regulations, adopts fictitious insurance subjects, insures accidents or creates insurance accidents.”

“Based on the above accusations, He Dongsheng is suspected of bail fraud. I would like to ask the prosecutor, is this the accusation in the first instance?”

After Su Bai finished his statement, he looked at the seat of the presiding judge.

This court trial will determine whether He Dongsheng is guilty or not, depending on one point.

 That is his subjective will, whether he deliberately committed insurance fraud for the purpose of illegal possession.    Based on the points stated by Su Bai above.

At first glance, good guy, with so many things combined, isn’t this a proper insurance fraud?

 First, I indirectly admitted that I had the idea of ​​​​defrauding insurance.

 Second, colleagues also confirmed that He Dongsheng had similar thoughts and said this.

 Third, there is no problem with the equipment. Accidents only occur with a 95% probability. Why did He Dongsheng encounter this 5%, especially after investing a huge amount of insurance?

 So, after Li Xuezhen read the files of the first trial, she specifically asked Su Bai if this case was really bail fraud.

Su Bai also used micro-expressions to further confirm whether He Dongsheng was telling the truth.

 But in fact...put aside the preconceived subjective wishes.

 Think about the case with a clear rational mind.

The most critical point in this case lies in the instigative words of the Security Insurance Legal Department.

The general situation of this inducement is that in Wang Mingxuan’s case, the prosecutor Lu Hongmei induced Wang Mingxuan to make a statement in court.

 The two are similar.

 Apart from the certain inductive nature, the first point was directly denied.

 Second point, colleague He Dongsheng’s statement only expressed a point of view and did not directly express or confirm He Dongsheng’s subjectivity.

 In the first instance, the purpose of the second point is to further confirm He Dongsheng’s subjective will and whether he has committed insurance fraud.

 In fact, regardless of the first point, only the third point can confirm that He Dongsheng did have intentional subjective will.

 But a 5% chance is not impossible.

If it is not a safety insurance, it will be an inductive inquiry.

Taking the first point as the starting point, and combining the second and third points, these two relative subjective wishes, then the court of first instance will not rule that He Dongsheng committed insurance fraud at all.

To put it bluntly, the responsibility for the first-instance case to be so determined rests solely with the legal affairs of China Safety Insurance.

 In fact.

Li Shuangjun is right, they indeed cannot interfere with the judicial process and have not interfered with the judicial process.

 These are indeed true.

 But Li Shuangjun did not mention the most critical point, which is the filing of the case and the evidence investigation conducted by the prosecutor.

 It is verified based on the evidence provided by the safety insurance.

Li Shuangjun was clearly blurring the concept. He did not interfere with the judiciary, but he was equivalent to providing misleading and false evidence.

It was the evidence itself that had problems, which led to the first-instance verdict and He Dongsheng was found guilty.

 Induces and confirms subjective will, and files a case, transfers it to the prosecutor, appears in court as a third party, and further charges.

Tell me, is this not a malicious accusation?

What is this if you're not making a malicious accusation?

However, if you want to prove that the other party is making a malicious accusation, you need to take it step by step.

Su Bai withdrew his gaze and looked at the prosecutor's seat.

Hu Bing looked at the trial materials and nodded:

“The basic accusation in the first instance was based on the above issues.”

After questioning the prosecutor, Su Bai still wanted to speak, but was interrupted by Li Shuangjun raising his hand.

“Presiding judge, we believe that the litigant’s statement contains too strong a subjective will, and the content of the statement is also biased to a certain extent, and is not legally fair, just and objective.”

“The litigant believes that the evidence we provided is misleading and this matter has not been judged by the court.

 According to relevant laws and regulations, no one should define evidence or criminal suspects without the judgment and judgment of the court.

 We believe that the litigant’s statement in this paragraph should be rejected. "

Su Bai retorted: "We don't think so. We just raised doubts about this and made a statement at the trial."

“And what I don’t understand is, why is the party being sued so nervous about this doubt point raised by us?”

“If the party being sued really did not induce any behavior, then why does it apply to reject my statement?”

“Moreover, in the lawsuit application filed by us, we accused the defendant of malicious accusations.

Is the defendant's proposal to reject our statement now a way for us and the defendant to prepare in advance for Quan'an Insurance to maliciously accuse He Dongsheng? "

“According to legal basis, we have the right to doubt, and we also ask the party being sued to answer our questions.”

 Li Shuangjun:? ? ?

He did not expect that Su Bai could see his thoughts at a glance.

The reason why he proposed to reject this statement was indeed to provide a good environment for the subsequent defense.

But when faced with Su Bai's question, Li Shuangjun had already prepared his answer.

“We just don’t want anything to smear our reputation. It’s not other things mentioned by the litigants, but we are applying for rejection based on our own legal rights.”

 Tsk tsk.…

How else could we call it an old baguette?

This answer can be said to be watertight, but Su Bai did not pay attention to Li Shuangjun's words.

He raised his head slightly and looked at the presiding judge's seat. The presiding judge would definitely not reject Li Shuangjun's application.

 Because if the judgment is dismissed, it will obviously be biased in favor of the party being sued.

 Furthermore, I have already doubted it just now.

 If the decision is rejected, it is obvious that there is something very fishy in it.

 Generally speaking, even if there is something really fishy, ​​it cannot be dismissed.

The fact was what Su Bai thought, and Du Linmu banged the gavel.

 Dong dong dong!

 “Reject the application of the respondent.”

“Also, I would like to remind all members that during this trial, statements must not be deliberately interrupted for any reason, otherwise, a double warning will be issued.”

Du Linmu glanced at Li Shuangjun, who was sitting on the court.

Li Shuangjun nodded and replied: "Okay, presiding judge."

Seeing this, Su Bai couldn't help but smile.

It seems that the presiding judge noticed that Li Shuangjun was deliberately interrupting the statement and reminded him in advance.

The implication is very obvious, that is:

　　Have already been reminded.

Li Shuangjun, even if you deliberately disrupt the order of the trial and expel you from the court, you have not violated any rules.

 PS: Please give me a monthly ticket~

 (End of this chapter)