As a Lawyer, You Sent the Judge In?

 Chapter 146 The Final Plea

 The presiding judge made an early judgment on Gu Bin's leading questions about He Dongsheng and He Dongsheng's mother.

 Inducing judgment, plus using it as evidence for filing a case.

 It is difficult to explain that its subjectivity is not a malicious accusation.

Furthermore, this case has resulted in the criminal punishment imposed on He Dongsheng, which has reached the standard of false accusation and frame-up.

 Gu Bin's current state is completely passive.

After taking a deep breath, Gu Bin looked at Su Bai at the litigant's seat, faced the question raised by him, and spoke slowly:

“My positive answer to the question raised by the litigant’s lawyer is as follows:”

“First: Why did I ask the leading questions?”

“Although the court determined that my questions at the time were misleading, I have already explained that my questions were based on He Dongsheng’s serious suspicion of insurance fraud.”

“The purpose of my inquiry is of course to further confirm whether He Dongsheng is really defrauding insurance companies.”

“Second, there is no necessary legal connection between conducting inductive questioning and the subjective intention of making false accusations against He Dongsheng.”

“It cannot be determined through the inductive questioning that my subjective intention is to falsely accuse He Dongsheng.”

“The case was handed over and filed because my report was false, but He Dongsheng does have serious suspicions of insurance fraud, doesn’t he?”

“According to the provisions and scope of application of Article 243 of the Criminal Law, malicious accusation requires malicious intent with a subjective element. My subjective element is to investigate the facts, not to accuse maliciously.”

 “There is nothing wrong with my suspicion.”

“Lawyer, I have finished answering your questions.”

　　After Gu Bin finished his statement, he glanced at Su Bai.

Su Bai smiled.

 Tut tsk

How should I put it? Gu Bin understands the concept of transformation.

Gu Bin’s answer has certain rationale and legal basis, but it cannot be considered in depth.

first.

　In response to Su Bai's question about the purpose of induction, Gu Bin answered simply and straightforwardly, without any questions.

However, the answer to the question of why a leading inquiry is made when the subjective intention is not to make false accusations seems a bit far-fetched.

 As a legal officer of an insurance company, I know the insurance laws well.

 Whether the insurance purchaser has committed fraudulent insurance, usually, an insurance company's legal staff can make a basic judgment after a conversation.

 You said that your inducement was not for malicious prosecution, so why did you file a case later?

You must know that inducing behavior, filing a case, and submitting evidence to the prosecutor are connected together, not separate.

besides.

The explanation given by Gu Bin was that it was not a malicious accusation, but an untrue accusation.

 There is a big difference between false accusations and false accusations.

False reporting refers to the fact that the whistleblower does not understand certain situations, or does not understand them accurately enough, and then makes a so-called report to the reporting department that is not consistent with the reality.

 There is a lot of controversy just on this point.

 You have engaged in induced sex, do you think you still don’t understand the facts?

Certainly not.

According to Gu Bin’s statement, Su Bai slowly spoke:

 “Please ask Lawyer Gu…”

"You just mentioned the fact that the report was false. In this case, it shows whether your subjective intention towards He Dongsheng is a fraud, is it unclear?"

"right!"

"Then let me ask Lawyer Gu, you said that you are not clear about He Dongsheng's subjective intention as to whether he is committing insurance fraud, so why do you use leading questions to ask He Dongsheng? And then use leading questions to get the answer and file the case? "

 “Can’t you ask impartially and objectively?”

“The explanation you gave is that He Dongsheng does have serious suspicions, but having serious suspicions does not mean that there is indeed a fact of insurance fraud.”

“You also said that there is no legal causal relationship between conducting inductive inquiries and making false accusations.

Subjectively speaking, if you had no intention of making false accusations and frame-ups, why would you conduct a leading inquiry to open a case and submit illegal evidence? "

to be honest.

The main content of this plea is a subjective and malicious accusation.

 The focus of the subjective malicious accusation lies in Gu Bin's subjective judgment of He Dongsheng's inducement at that time.

 This subjective judgment is a difficult point.

The key point of the plea is also here, so the two parties to the lawsuit, Su Bai and Gu Bin, are going back and forth on this matter.

 Because both people are very clear in their hearts, this subjectivity has been judged.

Then this case ends here.

 Concerning this point, both sides are as clear as a mirror.

Facing Su Bai's pressing steps again, Gu Bin took a deep breath, his head buzzing.

This is Su Bai.

 Hand on to this point and hold on to it, right?

Every time I ask a question, I advance a little bit. Now, I directly seize the loopholes in his words and attack him, right?

Difficult to do

It’s really difficult to do.

 In this case, as long as you lag a little behind in the judgment, the gap behind will become larger and larger.

Just like the current situation, as long as Su Bai keeps using illegal evidence to file a case, the other party will have a solid upper hand.

 After taking another deep breath, Gu Bin slowly spoke:

“I’ll review it again: Quan’an Insurance Company doubted He Dongsheng based on experience.

He Dongsheng’s actions are indeed highly suspicious. I believe that all court personnel present, including the judge, have no doubts about this. "

“I made the inductive inquiry based on this point, and there is no subjective behavior of malicious accusation.”

In fact, Gu Bin also knew in his heart that what the other party had seized was inductive questioning, case submission, and illegal evidence. These three points were connected together to constitute a malicious accusation.

 But he cannot answer from this aspect, because if he answers from this aspect, he cannot explain the subjectivity well.

 Hence, we can only get away from this topic by answering the inductive questions and leaving aside the last two points.

Su Bai also knew that the other party was obviously avoiding the important and taking the easy.

 Just when he was about to continue the pursuit.

Gu Bin was one step ahead of him.

After finishing the statement, Gu Bin knew in his heart that if he continued to ask questions and answers, it would be easy for Su Bai to catch the loophole, so he directly raised his hand to signal:

“Presiding Judge, I apply to suspend the litigant’s questioning of me.”

 “Reason for application.”

  “I have already answered the questions that need to be answered.”

At the presiding judge’s seat, Du Linmu nodded slightly after listening to the arguments from both sides.

 The current court hearing situation has basically been determined, but obviously, according to the previous judgment, Gu Bin has certain problems.

 For this, Du Linmu has already made a decision in his heart.

 Dong dong dong!

 The gavel struck.

 The dull voice echoed in the court hearing.

Du Linmu spoke slowly: "The application is approved, and the litigant will no longer question the party being sued."

“Regarding the defense of the litigant and the party being litigated, the collegial panel made the following summary.”

“First: Can Gu Bin’s behavior be considered a false accusation?”

 “Second: What is Gu Bin’s subjective behavior?”

Behavior and subjective behavior are divided into two parts. The first is to look at this issue based on rational facts, and the second is to analyze what Gu Bin's subjectivity is.

 After stating these two issues, Du Linmu looked at the seat of the party being sued.

 Speak and ask.

"I would like to ask Gu Bin, the legal counsel of Quan'an Insurance Company, the defendant, do you know that inducing evidence is illegal evidence?" "Yes."

“Then why did you file a case with inducing facts and use them as evidence?”

 The questions raised by Su Bai previously were not that aggressive.

But the question raised by the presiding judge Du Linmu can be described as very offensive.

Gu Bin didn’t know how to answer for a while.

Du Linmu asked this question and saw Gu Bin's silence.

　　咚咚!

 Sound the hammer.

Continued inquiry: "According to the litigant's accusation against Quan'an Insurance, since Quan'an Insurance's subjectivity is not a malicious accusation, why did Quan'an Insurance file the case with inducing facts and hand it over to the prosecutor?"

  “As the main person in charge of this case, do you have anything to say?”

After being silent for a few seconds, Gu Bin slowly spoke: "Presiding judge, what I want to say is that Quan'an Insurance did not make a malicious accusation, but made an accusation based on its own suspicion."

“Then how do you explain filing a case based on inducing facts?”

Gu Bin was immediately silenced by Du Linmu's question.

  Although... Su Bai had been asking these questions before, which were similar to those asked by Du Linmu.

 But after all... Su Bai is a litigation lawyer, and he can deal with certain issues.

But Du Linmu is different. Du Linmu is the presiding judge. If a problem is not solved well, it can affect his subjective judgment on the case.

 But let Gu Bin answer this question…

　　　…

Gu Bin really doesn’t know how to answer...

So Gu Bin looked at Li Shuangjun, and Li Shuangjun took a breath and shook his head.

Gu Bin had no choice but to say: "President, although Quan'an Insurance Company transferred the case against He Dongsheng with inducement, it does not mean that there was a subjective malicious accusation. There is no necessary connection between inducement and malicious accusation." Causal connection.”

“Then do you have evidence? Can you submit relevant evidence?”

Gu Bin:.….…

"No."

　　咚咚!

“Does the litigant have any other factual basis or evidence for judgment that needs to be submitted?”

 “Yes, the presiding judge.”

Su Bai took a breath, knowing that the most critical decision was coming.

“Presiding Judge, we have a recording that the Security Insurance Company asked us to secretly unlock for a price of 800,000 yuan.”

After Su Bai finished speaking, he handed the recording to the staff on the side, who handed it to the presiding judge.

After listening to the recording, the presiding judge frowned slightly and handed the seat to the party being sued through the staff.

Su Bai continued: "In the recorded conversation, Quan'an Insurance Company clearly wanted to offer 800,000 yuan to compensate us."

"I would like to ask the agent of Quan'an Insurance, why do you want to offer 800,000 yuan to compensate us? Do you want us to withdraw this lawsuit?"

“Is the compensation just because you think this lawsuit will affect the reputation of safety insurance?”

“But if this lawsuit will only affect the reputation of safety and insurance, then why were illegal charges and illegal cases filed in the first place?”

Su Bai submitted this recording, which cannot be regarded as direct evidence, but can be regarded as supporting evidence.

 For subjective judgments, some supporting evidence is often needed to prove the subjectivity.

 In the seat of the presiding judge, the presiding judge banged the gavel.

“As for the evidence submitted by the litigant, I now ask Quan’an Insurance Company, the litigant, to explain it.”

Li Shuangjun was stunned for a moment after hearing the conversation in the recording.

Isn't this the content of the conversation when he went to He Dongsheng's house?

 Why is there a recording?

 Could it be said that He Dongsheng was cautious at that time?

Li Shuangjun thinks this possibility is unlikely. The most likely possibility is that this is all arranged by Su Bai.

After thinking about this, Li Shuangjun looked at the litigant's seat. After a few seconds of silence, he slowly spoke.

“Presiding judge... We proposed 800,000 yuan in compensation because we really want to avoid negative reputational impact on our company.”

 “There is no other reason.”

.

 ….

 Tsk tsk.…

Do you think this reason is valid?

However, Su Bai did not say these words. The most critical point of this evidence is that it affects the subjectivity of the presiding judge.

  It can be used as supporting evidence to further substantiate the malicious accusation made by Quan'an Insurance Company.

No matter how the other party pleads, it is undeniable that 800,000 yuan of compensation is required to withdraw the lawsuit.

　　At the presiding judge's seat on the trial bench.

　　咚咚!

 The sound of the gavel falling sounded.

“The second adjournment will now take place, and the trial will begin in an hour and a half. Both parties will finish their court statements and announce the verdict!”

The voice fell.

 Three judges left the scene.

 In the court of judgment.

Li Xuezhen rubbed her eyes and muttered silently: "I wonder if I can add a little more achievement points..."

 As for Li Shuangjun and Gu Bin, the two persons who were fully insured by the lawsuit were Li Shuangjun and Gu Bin.

 They are all worried.

 They were not sure about the defense in this court trial.

They all know that they are at a disadvantage, but they just don’t know how the collegial panel will decide.

　　　　….

Gu Bin took a long breath: "This time, the judgment should not judge us as malicious accusations, right?"

Li Shuangjun was silent for a few seconds and rubbed his temples.

"I don't know...it depends on the subjective tendency of the presiding judge..."

“After all, this time we are at a disadvantage in the trial.”

"Um!"

Gu Bin nodded, with a trace of worry on his face.

 “If we are found to be making malicious accusations…then…”

Before Gu Bin finished speaking, Li Shuangjun waved his hand and interrupted him.

 “Okay...don’t say such unlucky words.”

“Although the trial plea is not good for our situation, it does not crucify us. The specific verdict depends on the presiding judge.”

 “It’s not what we think about...there is no need to think about the bad side.”

"Oh, I see."

Gu Bin nodded, there was still a lot of worry between his brows.

 PS: Please give me a monthly ticket~

 (End of this chapter)