You became a lawyer and sent the judge in?
Chapter 27 You take out depression? What is the use? !
The plaintiff is suing her for fraud. If she loses the case,
Ye Fei couldn't imagine the consequences
Not only did he lose the lawsuit and get no legal fees, but he also lost the money.
We absolutely cannot continue to debate this aspect.
After Ye Fei calmed down, she quickly changed the topic in another direction.
"Lawyer Su, regarding your statement, even if the source of your evidence is legal, why do you use this evidence to conclude that we have committed fraud?"
"The definition of the crime of fraud is: the object of the infringement is the ownership of public or private property."
“The objective conditions for the crime are: it objectively manifests itself as the use of fraudulent methods to defraud public and private property.”
"The subjective condition is: direct or intentional illegal possession of public or private property."
"In this case, the plaintiff's party Zhang Tongwei and our party Xie Jing are husband and wife, and the property we request to be divided is the joint property of husband and wife. How does this constitute the crime of fraud?"
“Can the joint property between husband and wife also be called private property?”
"Furthermore, our client and the plaintiff's client have already become an established fact of marriage. Why is there such a thing as fraud?"
"If Lawyer Su thinks so, then I have nothing to say."
After Ye Fei finished speaking, she looked in Su Bai's direction.
The difficulty with the crime of marriage fraud is that the other party is already married to you, so it is impossible to determine that the other party has committed marriage fraud.
But
Who said that the crime of fraud is the crime of marriage fraud?
When he sued for fraud, he didn't say it was marriage fraud?
Su Bai did not intend to establish the fact of Xie Jing's fraud from the perspective of marriage fraud during the trial.
Ye Fei's logic is a bit flawed!
That’s not how you set the rhythm!
This is the result of not studying criminal law properly!
He was completely trapped in it!
"Ahem."
Su Bai coughed twice and looked at Ye Fei: "Has the defendant's lawyer finished speaking?"
"I have finished my statement, and I would like to ask Lawyer Su to answer my questions."
Su Bai raised the corner of his mouth slightly and pulled out a piece of information: "Lawyer Ye, I'm afraid you have misunderstood me."
Ye Fei: I misunderstood.?
Before Ye Fei could react, Su Bai continued to speak:
"What we are accusing is Xie Jing and her attorney, Lawyer Ye. The two of you defrauded our client."
"Lawyer Ye was right about the conditions for the crime of fraud. The objective manifestation is fraud and concealment, and the subjective manifestation is direct intentional purpose."
"In this case, Xie Jing and we have completed an established de facto marriage, which is certified by the law. We have not denied it, and we have also not denied it regarding the joint property."
"What we have always emphasized is that Xie Jing and Lawyer Ye committed fraud against our client."
"First of all, regarding the issue of common property, according to the evidence submitted by the defendant, our client's property was requested to be divided. The court did not make a determination. The current property is still the private property of our client in a legal sense."
"Let's take a look at the evidence we submitted first."
"The evidence shows that Lawyer Ye has lured his fan base to teach them the purpose of dividing joint property. Xie Jing is a fan of Lawyer Ye. Is this an established fact?"
"And based on the evidence submitted by the defendant for the division of property, it was shown that the evidence submitted by Xie Jing for the division of our client's private property was a letter of guarantee signed by us, and we were charged based on the contents of the letter of guarantee."
"Among them, Lawyer Ye's methods of inducement include this: You can ask your husband to sign a guarantee. No matter what method is used, as long as he writes the guarantee or the content of the gift, then the division can be done. The private property of the man before marriage.”
"Is this an attempt to divide our client's pre-marital private property through unfair means?"
"Now, the lawsuit filed by the defendant also requires the division of our client's pre-marital property. This shows that the other party's subjective intention is to possess our client's private property!"
"Isn't this a scam?"
"Presiding judge, I would like to apply for our client to supplement it."
Boom, boom, boom.
The presiding judge banged his gavel.
"The application is approved and the plaintiff party can make supplements to it."
In the plaintiff's seat, Zhang Tongwei had long been prepared to tell how miserable his married life was.
At this time, Su Bai whispered a reminder.
"Remain restrained and don't use bad words to win."
Zhang Tongwei nodded solemnly:
"President, when the defendant, that is, Xie Jing, asked me to write a letter of guarantee and make a gift, I was extremely reluctant."
"But. But the other party, in order to achieve her inner goal, forced me!"
"She also said that if I don't write it, then she won't feel safe and will divorce me!"
"But is she really insecure?"
"My monthly salary is 20,000 yuan, of which 19,990 yuan is spent on her. But she not only verbally abused me, but also spent all the money on her own dressing up and returned it to me. My parents have a lot of pocket money.”
"She also lied to me, saying that she would rent out a house I owned before marriage to her colleagues, but instead let her brother live in it for free. Now she wants to defraud me of my pre-marital property."
"President, the woman is completely benefiting from this marriage."
"."
Zhang Tongwei wanted to continue talking, but Su Bai pulled the corner of his clothes and interrupted him.
Enough said.
If you continue talking, it might be counterproductive.
On the judgment stand.
Yang Yu frowned slightly, then looked at the defendant's seat.
"Do you have anything to say about the plaintiff's accusation, the defendant's parties and the defendant's lawyer?"
In the defendant's seat.
Xie Jing couldn't help but panic when she heard what Su Bai said so clearly.
"Lawyer Ye, what should I say?"
Ye Fei can't say that she knows nothing about criminal law, she can only say that she doesn't understand it deeply, and she doesn't have a good rebuttal.
But she has a trump card!
depression!
"Our client suffers from depression and may have mishandled the marriage relationship at that time. However, the main cause of this factor is the man. We apply to reject the plaintiff's lawyer's point of view."
depression?
You start to get depressed when you don’t get the property, right?
Su Bai ignored Ye Fei's statement and asked: "
Is this depression caused by our client?
What is the cause?
Does this have any direct or indirect relationship with our accusation of you defrauding our client in this case? "
Depression is useful for dividing property.
But what I am accusing you of is fraud!
Is it possible that your fraud failed and you are depressed? !
Faced with Su Bai's three questions, Ye Fei panicked.
How could this really become a criminal case? She can only fight marriage cases!
Please read it~
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