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 seats of the litigants.

"Litigation party."

"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."

"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 intentions of the parties.

Its core is similar to the crime of fraud.

They are all aimed at illegal possession, but the specific forms are different.

Su Bai nodded slightly, placed 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 fabricated the insurance subject matter and defrauded the insurance money.”

"2. The policy holder, 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 policy holder, the insured, or the beneficiary fabricates an insurance accident that has not occurred and defrauds the insurance money."

"4. The policyholder or the insured intentionally causes an insured accident that causes 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 insurance money."

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

"During the effective period of He Dongsheng's insurance purchase, the insurance took effect on the fifth of the month. However, something happened to He Dongsheng on the tenth 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... The presiding judge, we believe that some relevant evidence in the first-instance judgment is not consistent with the factual basis."

"Presiding judge, I apply to describe the entire process of the matter to understand the cause and effect of the case, so as to better analyze the supporting evidence."

Boom, boom, boom!

"application passed."

After the presiding judge's application was approved, 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 personal accident insurance, it took effect on the fifth of that month. He Dongsheng became disabled on the tenth, so he filed a claim with 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 through the staff of the insurance company that they inquired about He Dongsheng.

After learning that our client suffered from high blood pressure, we used this to reject our claim on the grounds that the patient was not informed of the high blood pressure, 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 in the onset of hypertension, no claim will be made."

"But.…."

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

“It is therefore extremely unreasonable to conclude that our claim is not covered by the claim.

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.

Plan to take Safety 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 initially assuming that we were suspected of insurance fraud.

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

Although Li Shuangjun didn't know what Su Bai's question meant, he could answer it easily.

He spoke 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 fraudulent insurance and launched an investigation."

Facing Li Shuangjun's answer, Su Bai nodded with a smile and continued to state:

"OK."

"Thank you to the respondent for your answer."

"We continue to state:"

“In the first-instance judgment, based on the safety and insurance materials submitted and the litigation defense.

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 and 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 the 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 Dongsheng 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 Safety Insurance's legal affairs have a strong guiding and purposeful nature in our inquiry."

"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, We further confirmed He Dongsheng’s subjective intention to defraud insurance companies.”

"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, our subjective intention to defraud insurance should be further determined."

"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’s intentionality is the subjective condition.”

"The objective aspect is that the perpetrator violated insurance regulations, adopted fictitious insurance subjects, insured accidents or created insured accidents."

"Based on the above accusations, He Dongsheng was judged to be 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 complete 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 such things.

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?

Therefore, 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 deliberately used micro-expressions to further confirm whether He Dongsheng was telling the truth.

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

Think about this case with a clear rational mind.

The most critical point of this case lies in the instigative words of the legal department of the Security Insurance Company, which were used by these old law enforcement officers to He Dongsheng and He Dongsheng's mother.

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.

Aside from being somewhat inductive, the first point was directly denied.

The second point is that 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 was to further confirm He Dongsheng’s subjective will and whether he had committed insurance fraud.

In fact, apart from the determination 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 cheated on the bail.

To put it bluntly, the responsibility for such a determination in this first-instance case rests solely with the legal affairs of Safety Insurance.

Actually.

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

These are indeed true.

However, 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 security 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.

Inducing and confirming subjective will, and filing a case, handing it over to the prosecutor, appearing in court as a third party, and making further accusations.

Tell me, is this not a malicious accusation?

What's this, if you're not making malicious accusations?

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

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

Hu Bing looked at the trial materials and nodded:

"The basic accusation of 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.

"President, we believe that the litigant's statement contains too strong a manifestation of 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 this paragraph of the litigant’s statement should be rejected. "

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

"And what I don't understand is why the party being sued is so nervous about this doubt point raised by us?"

"If the party being sued really did not induce any behavior, why would it apply to reject my statement?"

“Furthermore, in our lawsuit application, we accuse the defendant of malicious accusations.

Is the party being sued now proposing to reject our statement so that we and the party being sued can 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 didn't 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.

However, 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 I say it was an old baguette?

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

Wei Wei raised his head 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 had already doubted it just now.

If the decision is rejected, obviously there is something very fishy involved.

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.

Boom, boom, boom!

"Dismiss the respondent's application."

"Also, I would like to remind all members that during this trial, they are not allowed to deliberately interrupt the statement for any reason, otherwise, a double warning will be issued."

Du Linmu glanced at Li Shuangjun, who was the party being sued.

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

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

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

The implication is obvious, that is:

Already reminded.

Li Shuangjun, if you deliberately disturb the order of the trial and expel you from the court, you will not violate any rules.

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