As a Lawyer, You Sent the Judge In?

Chapter 144: Basic verdict: He Dongsheng is not guilty

Chapter 144 Basic verdict: He Dongsheng is not guilty

It was determined that the legal personnel of the Quan'an Insurance Legal Department's questioning of He Dongsheng and He Dongsheng's mother were misleading.

It is equivalent to saying that during the first trial, the first point of convicting He Dongsheng was already invalid evidence.

So the second and third points.

Correspondingly, the accusation will also be dismissed due to insufficient prosecution.

To be precise, based on the above points, He Dongsheng was basically found innocent in this second trial.

Su Bai took a long breath.

Not only that, with such a judgment, the foundation for subsequent malicious accusations against Safety Insurance was also laid.

In this case.

Gu Bin and Li Shuangjun had obviously foreseen it.

Both of them looked a bit unhappy. After looking at each other, Gu Bin whispered:

"This Su Bai is also an old litigator..."

“You should pay more attention to the following plea.”

“It’s my fault for not predicting this judgment in advance...otherwise, we wouldn’t be in such a passive state now...”

Li Shuangjun rubbed his brows: "If it were me, I wouldn't be able to handle this well. I just need to pay attention next time."

“This case is mainly based on the subjectivity of the presiding judge. After this judgment is over, basically the second trial will result in a reduced sentence or acquittal.”

“The focus of the next defense needs to be on the other party’s lawsuit application against our safety insurance...”

“However, if we are found not guilty, we will be in a slightly unfavorable situation with respect to subsequent accusations against us.”

“It is still necessary to try to keep the sentence at the commutation stage, and He Dongsheng cannot be found innocent.”

“Even if He Dongsheng is found not guilty, he should not be found not guilty so easily.”

To put it bluntly, it’s just one sentence, try to interfere with the results as much as possible.

have to say.

Li Shuangjun’s analysis is still very judgmental.

After listening to Li Shuangjun’s analysis, Gu Bin nodded slightly: “Yes, I understand.”

The trial continues.

The judgment seat, the seat of the presiding judge.

After Du Linmu judged the behavior of Safety Insurance, he made a summary based on the materials.

Dong dong dong!

The gavel struck.

“Now this court will briefly summarize this case.”

“First, it was determined that the Qing An Insurance legal department’s inquiries about He Dongsheng and his mother were somewhat misleading.”

“This piece of evidence submitted by Security Insurance is deemed to be invalid.”

“In addition to the conditions in the first-instance judgment, in terms of safety insurance, can other evidence be produced or provided to prove that He Dongsheng has subjective behavioral evidence of insurance fraud?”

Li Shuangjun: "The chief judge, yes."

“We believe that He Dongsheng deliberately purchased a large insurance policy and suffered an accidental injury in just a few days. We request the litigant to explain this matter..."

Since the first point has been judged to be denied, it is necessary to find breakthrough points from other aspects.

Li Shuangjun’s idea is to deepen the subjective judgment of the presiding judge from this aspect to determine that He Dongsheng cheated on bail.

After all...how to say?

You purchased such a large amount of insurance and suffered an accidental injury in just a few days. If you say this was not intentional, it is difficult for anyone to believe it!

His idea is to influence the subjective judgment tendency of the presiding judge from this aspect.

When Li Shuangjun asked, Su Bai smiled.

Hands up:

“The presiding judge raised questions about safety and insurance, and we applied to present new evidence.”

Dong dong dong!

“The application is approved and the litigant is asked to present new evidence.”

“Okay, presiding judge.”

Su Bai took out the recorder from before, and then took out an amplified speaker.

Generally, the court will not prepare these things for the trial.

Like audio recordings, videos and audios, if they are to be announced in court, the lawyer who presents the evidence needs to prepare corresponding things.

After getting everything ready, Su Bai played the contents of the recorder.

In the voice recorder.

　　The video played is the communication between Su Bai and Quan'an Insurance sales staff.

During the communication, Quan'an Insurance sales staff were very enthusiastic throughout the process, introducing various insurances and trying to get Su Bai to increase the insurance limit.

After the recording ended, Su Bai began to make a statement.

“Presiding judge, according to what I just asked our client, our client’s statements and evidence have shown why we purchased such a large amount of insurance.”

“It was because the insurance sales staff were very enthusiastic and He Dongsheng could not refuse this enthusiasm, so He Dongsheng purchased a huge amount of insurance.”

“The evidence we presented clearly shows this.”

“This is what led He Dongsheng to buy a huge amount of insurance, rather than He Dongsheng buying a huge amount of insurance to defraud insurance.”

“There is no direct relationship between purchasing huge amounts of insurance and defrauding insurance.

Furthermore, subsequent accidental disability is uncontrollable.

There is no relationship between purchasing a large amount of insurance and being accidentally disabled within a short period of time.

There is no legal causal relationship that should be determined by law. "

“Therefore, it cannot be determined that we have the subjective intention to defraud insurance just because we purchased a large amount of insurance and something unexpected happened within a short period of time after purchasing it.”

“Presiding judge, we have finished our statement.”

Li Shuangjun’s question just now was actually very clever.

The purpose is to express that there is a certain causal relationship between purchasing a huge amount of insurance and accidental disability.

Have legally interconnected significance.

However, Su Bai directly denied the connection through statements and evidence.

Confirmed why He Dongsheng bought a huge amount of insurance and produced corresponding evidence.

It denies that there is any established legal relationship between He Dongsheng’s purchase of huge amounts of insurance and insurance fraud.

This is the most important thing.

Dong dong dong!

After listening to Su Bai’s statement, presiding judge Du Linmu looked at the seat of the party being sued and asked:

“Does Safety Insurance have any objection to the factual basis stated by the plaintiff?”

Li Shuangjun shook his head: "No objection."

At the same time, Li Shuangjun was also a little surprised by Su Bai's performance in this trial.

　　　…

How to put it this way, he always felt that when Su Bai attacked him, he would always bring out something unexpected.

It seems that he had made all-round defense preparations before the trial, making sure he could deal with various situations and scenes.

This performance made him feel a little pressured.

Dong dong dong!

“In addition to the above issues.”

“Are there any new issues that need to be raised in other aspects of safety insurance?”

Li Quanjun was silent for a few seconds before slowly speaking: "Presiding Judge, we have no other questions."

Dong dong dong!

“Does the prosecutor have any other questions?”

Hu Bing shook his head.

When the presiding judge determined that the safety insurance was inducement, the lawsuit had nothing to do with the prosecutors.

If it is determined that safety insurance is inducing, then it proves that there is a problem with the case, and there was a problem when the case was filed.

Safety Insurance needs to bear certain responsibilities for this case, which is also the malicious accusation sued by Su Bai. If there were problems when the case was filed, regardless of whether He Dongsheng really cheated on bail, the case would basically be found not guilty in the second instance.

According to the provisions of the Procedural Law, the evidence in the first instance was incomplete and the evidence issues were not dealt with in a timely manner before the trial.

Even using leading questions to establish a case can be judged as illegal evidence.

If it is determined to be illegal evidence, the required court defense will be very troublesome.

This is also the focus of the next stage of the defense, so the presiding judge only determined that the question was leading and did not determine that it was illegal evidence.

Having reached this point, what else is there to say?

“The prosecution has no further questions.”

Dong dong dong!

After hearing what Hu Bing said, Du Linmu banged the gavel and looked at He Dongsheng who was sitting at the party's seat.

For this case, Du Linmu also made a certain judgment on whether He Dongsheng was guilty or not.

Obviously, during the current trial, the tendency and evidence for He Dongsheng’s innocence are getting stronger and stronger.

but.…

There is one last point to confirm.

“Can the prosecutors and Safety Insurance provide other legal and factual basis for their review of He Dongsheng’s insurance fraud?”

Hu Bing: “The prosecution cannot provide it.”

Li Shuangjun glanced at Gu Bin, and then looked at the presiding judge in the court seat.

"Presiding Judge, we admit that our legal questions have a certain tendency, but this tendency is not deliberately amplified. If He Dongsheng had not defrauded the bail, then he would deny it outright. Presiding Judge, I think this This is something that the presiding judge needs to consider carefully.”

“Our question is indeed biased, but it is not illegal.”

　　咚咚!

“Well, there is no need to continue to elaborate on the safety and insurance aspects. The collegial panel has already understood the content of the trial that you have stated.”

Li Shuangjun suddenly felt an unpleasant feeling in his heart when he heard the presiding judge's words...

　　咚咚!

“The trial will be adjourned now, and after the hearing, the judgment on whether He Dongsheng defrauded the bail will be announced!”

With the fall of the gavel.

Declared an adjournment.

Members of the collegial panel leave.

At the court hearing, Li Xuezhen rubbed her eyes: "Lawyer Su...the past half hour has passed, and my eyes are sore..."

　Su Bai: .….….

"Lawyer Su... I feel that when the adjournment is over and the trial resumes, He Dongsheng will definitely be found not guilty. Am I the advantage now? Lawyer Su."

Su Bai rubbed his eyebrows. According to the procedural law, the evidence provided by the other party was inducing, and it was certain that He Dongsheng was innocent.

but.….

Don’t set up a buff.….

“Well! We’ll find out when the court opens again. Don’t expect so high now.”

"profound."

“Good lawyer Su.”

Li Xuezhen nodded seriously with a small face.

….…

At the same time, on the other side, both Li Shuangjun and Gu Bin looked not very good.

Because they all know that after the adjournment is over, they will be in trouble if He Dongsheng is not found guilty of bail fraud.

“After sorting through the materials, we have no control over whether He Dongsheng is involved in insurance fraud, but we must reject the malicious accusation, otherwise it will have a great impact on our safety insurance.”

"I see."

Gu Bin took a long breath, a little irritated by the handling of this case.

In the past, when they were involved in lawsuits at Quan'an Insurance Law Firm, the other party's lawyers would be speechless when they directly attacked them.

But today...

Made him feel a little headache.

No.…It’s a headache! .

….….

In the discussion room of the collegial bench of the court.

Du Linmu, Zhang Huan, and Li Chengxiu, three members of the collegial panel, were sitting on the sofa, discussing the verdict on He Dongsheng.

"You guys should already know what happened in the court hearing just now, right? What do you two think about He Dongsheng's bail fraud?"

Zhang Huan smiled: "How else can we look at this? According to the criminal prosecution regulations, inducing evidence is illegal evidence, and illegal evidence will definitely lead to a verdict of innocence."

“The judgment has not yet been made, but it does not mean that the evidence provided by Quan’an Insurance is not illegal evidence.”

"I actually contacted the presiding judge of the first instance about this case. During the first instance, Quan'an Insurance's legal affairs acted as a third party to accuse He Dongsheng and did not mention this matter at all."

“And the judgment of the first instance was based on three points of evidence.”

"When this case was accepted by our court, the litigant applied for a second instance lawsuit using inducing evidence as illegal evidence. Now it is determined that the evidence originally submitted by Quan'an Insurance was inducing. So, as to whether He Dongsheng committed insurance fraud, the question is It’s obvious.”

Li Chengxiu agreed with Zhang Huan’s idea: “I agree with Judge Zhang’s idea. Whether He Dongsheng has committed insurance fraud is mainly based on the subjective judgment of the evidence.”

“Now that it has been determined to be inductive, He Dongsheng’s subjective view is that he did not engage in insurance fraud for illegal purposes.”

“Furthermore, we have already learned about it through the court hearing. It is obvious that what Safety Insurance did is not what a normal company should do.”

Hearing the conversation between the two, Du Linmu, the presiding judge, nodded slightly.

“What you two said is very reasonable, and I think so too, but what do you think about the litigant’s accusation of malicious accusation against Quan’an Insurance?”

Faced with this question raised by Du Linmu.

Zhang Huan and Li Chengxiu were silent for a few seconds.

Li Chengxiu frowned slightly and said:

“Since He Dongsheng is found not guilty, then Security Insurance has provided evidence of illegality. It is indeed malicious to say that it was malicious.

But this evidence alone does not indicate subjective malice. "

“From an ordinary person’s perspective, I think this is a malicious accusation, but as a judge, I think more facts or supporting evidence are needed to prove it.”

“Hmm! I think the same way.”

Zhang Huan added.

"Um!"

Du Linmu nodded: "As for the determination of malicious accusation, it depends on the defense of both parties and the evidence they can provide."

“But you two don’t have any objections to He Dongsheng’s innocence, right?”

Zhang Huan: “I have no opinion.”

Li Chengxiu: “I don’t have any opinion either.”

“Okay, let’s do this for now.”

Du Linmu nodded.

Zhang Huan and Li Chengxiu had the same idea as him.

There is no objection to the verdict that He Dongsheng is not guilty.

The key point is the lawsuit’s accusation against Quan’an Insurance Company—