Chapter 144 Basic Verdict: He Dongsheng Is Not Guilty

The legal personnel of Quan'an Insurance Legal Department determined that the questioning of He Dongsheng and He Dongsheng's mother was 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 charges will also be dismissed due to insufficient charges.

To be precise, based on the above points, this second trial has basically been able to find He Dongsheng innocent.

Su Bai took a long breath.

Not only that, with such a judgment, the foundation was laid for subsequent malicious accusations against Quan'an Insurance.

In this case.

Gu Bin and Li Shuangjun had obviously foreseen this.

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

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

"You need to pay more attention to the next 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. Just 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, then we will be in a slightly disadvantageous situation with regard to the subsequent accusations against us."

"It is still necessary to try to get the verdict to be in 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 is just one sentence, try to interfere with the results.

have to say.

Li Shuangjun's analysis is still very judgmental.

After listening to Li Shuangjun's analysis, Gu Bin nodded gently: "Yes, I understand."

The trial continues.

The judgment seat, the seat of the presiding judge.

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

Boom, boom, boom!

The gavel struck.

"Now this court will briefly summarize this case."

"First, it was determined that the questioning of He Dongsheng and his mother by the legal department of Quan'an Insurance was somewhat misleading."

"This piece of evidence submitted by Security Insurance is judged to be invalid evidence."

"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: "Presiding 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 a breakthrough point from other aspects.

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

After all...how to say?

You bought such a large amount of insurance and suffered an accidental injury in just a few days. If you say it was not intentional, it is hard 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.

Show of hands:

"The presiding judge raised questions about security and insurance, and we applied to present new evidence."

Boom, boom, boom!

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

"Okay, Judge."

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

Generally, these things are not prepared for court hearings.

If the recording, video and audio 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 recorder.

What was played was 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 about 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 couldn't refuse this enthusiasm, that's why 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, not that He Dongsheng bought a huge amount of insurance to defraud insurance."

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

Moreover, subsequent accidental disability is uncontrollable.

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

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

"Therefore, we cannot conclude 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.

legally relevant.

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

It was confirmed why He Dongsheng bought a huge amount of insurance and the corresponding evidence was produced.

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.

Boom, boom, boom!

After listening to Su Bai's statement, the presiding judge Du Linmu looked at the defendant's seat 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.

hiss.…

How should I put it, he always felt that when Su Bai attacked him, he would always bring out something unexpected.

It seems that all aspects of the defense preparations have been made before the trial, and he is sure to be able to deal with various situations and scenes.

This performance made him feel some pressure.

Boom, boom, boom!

"In addition to the above issues."

"Are there any other new issues to be raised in Safety Insurance?"

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

Boom, boom, boom!

"Does the prosecutor have any other questions?"

Hu Bing shook his head.

When the presiding judge determined that the security insurance was misleading, 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.

Security Insurance needs to bear certain responsibilities for this case, which is also the malicious accusation Su Bai accused.

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 considered illegal evidence.

However, 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 questions were leading and did not determine that this was illegal evidence.

Now that we’ve reached this point, what else is there to say?

"The prosecution has no further questions."

Boom, boom, boom!

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

Regarding this case, Du Linmu also had 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 Quan'an Insurance provide other legal and factual basis for their review of He Dongsheng's insurance fraud?"

Hu Bing: "The prosecutor 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 questions are indeed biased, but they are not illegal."

Boom!

"Okay, there is no need to continue to elaborate on the safety and insurance aspects. The collegial bench has already understood the content of the trial that you have stated."

When Li Shuangjun heard the words of the presiding judge, he suddenly felt an unpleasant feeling in his heart...

Boom!

"The court will be adjourned now. After the court session, we will announce the decision on whether He Dongsheng defrauded the bail!"

With the fall of the gavel.

The court was adjourned.

The members of the collegial panel left.

In 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 other party provided inducing evidence, and it was certain that He Dongsheng was innocent.

but.….

Don’t set up buff….

"Well! We'll know when the court convenes again. Don't expect so high now."

"profound."

"Okay Lawyer Su."

Li Xuezhen nodded seriously with a small face.

.

….…

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

Because they all knew that after the adjournment was over, they would be in trouble if He Dongsheng was not found guilty of bail fraud.

"After sorting through the materials, we have no control over whether He Dongsheng is an insurance fraud, but as for the malicious accusation, we must let it be dismissed, otherwise it will have a great impact on our security insurance."

"I see."

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

In the past, when they were involved in legal disputes with Quan'an Insurance, the other party's lawyers would be speechless.

But today...

It gave him a bit of a headache.

No...it's a headache! .

….….

The deliberations 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."

"A judgment has not yet been made, but it does not mean that the evidence provided by Security 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. The subjective judgment of whether He Dongsheng has committed insurance fraud is mainly based on the evidence."

"Now that it has been determined to be inductive, He Dongsheng's subjective view is that he is not committing insurance fraud for illegal purposes."

"Also, we have learned about it through the court hearing. It is obvious that the safety insurance approach is not what a normal company should do."

After hearing the conversation between the two, Du Linmu, as the presiding judge, nodded slightly.

"What you two said is very reasonable, and I think so in my heart, 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.

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

Li Chengxiu frowned slightly and said:

"Since He Dongsheng is found not guilty, and Security Insurance has provided evidence of illegality, it is indeed malicious to say it was malicious.

But this bit of 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."

"Yeah! 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 have no objections to He Dongsheng's innocence, right?"

Zhang Huan: "I have no objection."

Li Chengxiu: "I don't have any objections."

"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——

Quan'an Insurance Company maliciously accused He Dongsheng of insurance fraud.

call.…

This is the most critical point in the trial.

"This trial should be the most exciting trial I have seen since presiding over the trial this year."

Du Linmu muttered something silently in his heart.

Afterwards, he sat quietly on the sofa, closed his eyes and rested his mind, preparing for the court session.

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