Chapter 145 Second Consecutive Judgment, Key Defense and Prosecution

The court recess is over.

In the voice of the clerk announcing that the court would be reopened.

Du Linmu, Zhang Huan, and Li Chengxiu once again took the court seat.

Boom!

The gavel struck.

The dull voice echoed throughout the court hearing.

All parties in the trial at the scene had certain psychological expectations for the subsequent judgment.

But at this time, some people are still a little nervous.

Especially He Dongsheng.

Feeling uneasy, he stared anxiously at Du Mulin at the presiding judge's seat.

Du Linmu sat on the presiding judge's seat, briefly sorted out the materials in his hands, and then slowly spoke:

"Now we will judge the subjectivity of whether He Dongsheng committed insurance fraud against Quan'an Insurance."

Whether He Dongsheng is guilty or not, the most critical point is whether it constitutes insurance fraud. The core of insurance fraud is for the purpose of illegal defrauding.

Subjectivity is the most critical core judgment issue in this case.

Boom!

"Based on the trial pleas of all parties and relevant evidence."

"1: Quan'an Insurance's questioning of He Dongsheng and its questioning of He Dongsheng's mother are inductive and are invalid evidence."

"Two: The testimonies of colleagues and friendly friends do not meet the standard of evidence substantiation, and there is no strong factual basis for explanation."

"Three: According to the evidence provided, He Dongsheng was injured when the machine suddenly started operating while he was working.

During this process, the sudden start of the machine may be due to He Dongsheng's intentional behavior, or it may be due to a malfunction of the machine. "

"Although the probability of machine failure is small, it is not impossible. Therefore, it cannot be concluded that He Dongsheng deliberately started the machine to cause his own disability and used it to illegally defraud insurance."

"Four: According to Quan'an Insurance, He Dongsheng purchased a huge amount of insurance and suffered an accidental disability within a short period of time after purchasing the huge amount of insurance."

"According to He Gongsheng's statement and evidence, He Dongsheng purchased insurance due to the enthusiasm of the salesperson, so he bought a huge amount of insurance.

There is no established legal causal relationship between the act of purchasing a large amount of insurance and the occurrence of an unexpected situation within a short period of time after the insurance was purchased and effective. "

"based on above."

"It is determined that He Dongsheng did not defraud Quan'an Insurance Company of insurance money for illegal purposes, and the subjective performance was unintentional."

Boom!

"Do the parties to the lawsuit have any objections to the above determination...?"

This judgment was directly announced. He Dongsheng did not cheat the insurance.

After He Dongsheng heard this judgment, his nervousness slowly relaxed.

Although the presiding judge did not say that he was innocent, he could still tell that this was a positive judgment.

At the litigation seats of all parties, prosecutor Hu Bing was the first to speak:

"Presiding judge, we have no objection to this judgment."

Su Bai: "We have no objection."

In the safety seats, Li Shuangjun and Gu Bin had already expected such a judgment.

There wasn't much surprise on the faces of the two people, just a little bit of disappointment.

At the same time, it also aroused a certain degree of vigilance, because this judgment laid a certain foundation for Su Bai to accuse Quan'an Insurance of malicious accusation.

The next court hearing is the most critical.

After clarifying this relationship, Li Shuangjun nodded slightly: "Presiding Judge, we have no objection."

Boom, boom, boom!

Presiding judge Du Linmu continued: "All parties have no objection to the conclusion that He Dongsheng had no subjective purpose of illegally defrauding insurance money."

"Then the trial will continue."

"Now, further confirmation is provided regarding the request of the litigants."

"Litigant, your claim is to ask Quan'an Insurance to compensate He Dongsheng for the insurance amount he deserves."

"and."

"It accuses Quan'an Insurance of maliciously accusing He Dongsheng, and demands that the relevant responsible persons be held accountable and compensate He Dongsheng for his mental losses."

"Is the above accurate?"

Su Bai: "Presiding Judge, our claims above are accurate."

Boom, boom, boom!

"good!"

"Confirm the litigant's claims, and then summarize the claims."

"One: Request safety insurance to make due compensation."

"Two: Accuse Quan'an Insurance of malicious accusations and pursue liability and compensation."

"Now to plead the first point."

"The litigant invites you to make a statement."

"Good judge."

Su Bai nodded slightly and asked Safety Insurance to make due compensation. There was no problem with this because there was a contract.

and the claim is within the proper scope.

Even Li Shuangjun and Gu Bin, the two legal counsels of Safety Insurance, have conducted in-depth research on insurance cases, but they cannot escape the restrictions of the contract.

If the insurance company could confirm that He Dongsheng could not win the lawsuit in accordance with the contents of the contract.

Then it would be impossible to sue He Dongsheng to court in the name of insurance fraud.

Therefore, there will be no problem in asking the insurance company to compensate for this.

You can definitely win the case.

"Presiding Judge, it has been proven based on the contract material evidence provided by us."

"First, it was a personal accident on our side and complied with the provisions of the contract."

"Second, the time for permanent disability caused by our personal accident was within the time specified in the contract, which means that we did not exceed the time limit."

"Third, the compensation we applied for is within the contract materials submitted and does not exceed the reasonable range."

"Presiding Judge, we have finished our statement."

After saying that, Su Bai looked at the defendant's seat calmly.

at the seat of the party being sued.

Li Shuangjun and Gu Bin didn't pay much attention to Su Bai's suggestion that Safety Insurance should compensate He Dongsheng.

Because once this case is decided and He Dongsheng is not guilty, his claim for insurance compensation will be within a reasonable range.

The stipulations in the contract are clearly written, and it is impossible for them to say that they do not comply with the contract or the law.

Besides, even if they wanted not to compensate, Su Bai would not give them this chance.

The expressions of the two people were calm, and they seemed to have no intention of refuting.

On the bench, Du Linmu knocked the gavel.

Boom, boom, boom!

"Regarding the statements made by the litigants, does Quan'an Insurance Company have anything to say?"

Li Shuangjun knew that rebuttal would be useless, so he might as well be direct:

"The litigant's statement is based on the contract, and He Dongsheng's claim is reasonable."

"Since there is nothing wrong with the contract and the court has determined that He Dongsheng's subjectivity was not intentional insurance fraud, our Quan'an Insurance Company will compensate He Dongsheng in accordance with the law."

"Presiding Judge, we have no objections to the litigants' statements."

Tsk tsk tsk.…

Listen, listen.

The scene was so well-spoken and accurate, but I knew that there would be no benefit to be gained by pleading in this regard.

Li Shuangjun instantly changed his strategy, stating that compensation should be paid, compensation should be compensated, and he should act in accordance with the contract.

If it weren't for the legal affairs of Quan'an Insurance Company, he took He Dongsheng to court in the name of insurance fraud.

Su Bai really believed this after hearing this.

But now that you know that you will not win the lawsuit in this area, it seems a bit hypocritical to say these words.

But I have to say something.

Li Shuangjun and Gu Bin did a good job as legal counsel, not only fighting for the interests of Quan'an Insurance Company in the trial.

And he also behaved generously in this regard. Even if the live broadcast of the court hearing spreads, maybe someone will change their impression of Quan'an Insurance Company because of this paragraph.

But!

All this was before He Dongsheng was brought to court.

After taking He Dongsheng to court, he couldn't win the trial, so he said this...

How to put it...two words: hypocrisy.

On the side, Li Xuezhen whispered:

"This... the legal affairs of Safety Insurance are really excessive... while taking people to court, they are saying that compensation should be paid..."

"It always feels... weird."

Su Bai smiled and nodded.

"There's nothing surprising. You'll know it when you see more of it."

In order to pay for the litigation and to meet certain conditions for the lawsuit, some lawyers will tell other people's stories and even the devil's lies.

Such lawyers are not uncommon.

For a novice like Li Xuezhen who has not yet become a formal lawyer and has never engaged in litigation, this is indeed strange.

But after hanging out in the courtroom for a long time, I found that there are only a lot of lawyers like this.

I have legal knowledge, and my winning rate is not low, but I have done some not-so-good litigation.

Take today's lawsuit for example.

After hearing Su Bai's words, Li Xuezhen nodded seriously.

"profound."

"Okay Lawyer Su...I understand."

.

….….

at the same time.

After Li Shuangjun finished his statement, the presiding judge Du Linmu nodded slightly and banged the gavel.

Boom, boom, boom!

"As for the compensation, Quan'an Insurance Company has no objection."

"Then based on the evidence submitted by both parties and the contract signed by the insurance company."

"The litigation application made by the litigant does not exceed the reasonable scope, and the compensation requested is within the scope of contract compensation. It is now determined that Quan'an Insurance Company should pay the amount of insurance compensation that He Dongsheng deserves."

Boom!

"Do both parties have any objections?"

Su Bai: "No objection."

Li Shuangjun: "No objection."

Regarding compensation, neither Su Bai nor Li Shuangjun had any big opinions.

But both sides also know that the most critical moment in this trial is coming.

That is to launch a defense against Quan'an Insurance Company's accusation as to whether it is a malicious accusation.

Malicious accusation is a type of false accusation, according to Article 243 of the Criminal Law.

Those who fabricate facts and frame others with the intention of subjecting others to criminal prosecution shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance if the circumstances are serious, and those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

in addition.

There are two final sentences in Article 243.

Any staff member of a state agency who commits the crime in the preceding paragraph shall be severely punished.

The provisions of the first two paragraphs shall not apply to cases where the accusation is not intentional but is false or false.

Intentional false accusations and false accusations.

The most critical thing between the former and the latter is whether it is an intentional false accusation or a wrongful accusation.

The difference between the two is intentional and unintentional.

What is difficult to define is its subjectivity.

If you say that I made a false accusation, then I say that I made a false accusation or the report was incorrect.

Therefore, if you want to confirm this crime, you must use other evidence to assist in establishing the subjectivity of the framer.

but.….

Su Bai has already prepared for these.

Now everything that needs to be judged has been judged, and the foundation has been laid.

The rest... basically there are no problems.

Boom!

At the presiding judge's seat, Du Linmu looked at the materials in front of him.

Also know.

This is the most critical point in this trial.

After scanning the direction of Su Bai and Li Shuangjun, he struck the gavel again.

"The judgment on the first point of the lawsuit against Quan'an Insurance Company has now been completed."

"Let's move on to the second point."

"Litigation party, you accuse Quan'an Insurance Company of maliciously accusing He Dongsheng. Please state the legal regulations or factual basis."

"Good judge."

Su Bai took a long breath, and then began to state:

"Presiding judge, we would like to ask the other party, lawyer Gu Bingu, a few questions first."

Boom!

"application passed!"

"The litigant's attorneys can begin making inquiries."

"Good judge."

Su Bai cast his gaze on Gu Bin's face.

"The relevant law involved in malicious accusation is Article 243, which is the crime of false accusation and frame-up."

"in."

"Relevant concepts refer to fabricating criminal facts, filing false cases and reporting, with the intention of subjecting others to criminal liability."

"I would like to ask Lawyer Gu, what were you thinking when you deliberately induced He Dongsheng?"

"As a lawyer, you conduct a inducing inquiry and use the content of the inducing inquiry as the basis for filing a case. What are the subjective factors in this?"

"Do you want He Dongsheng to be criminally liable?"

"If not, why do you need to conduct an induced inquiry and use the results of the induced inquiry to transfer the case?"

"Don't you know that bail fraud can lead to criminal liability?"

"As an insurance legal officer, I believe you are familiar with the crime of insurance fraud, right?"

"Lawyer Gu, please answer my questions directly."

Facing Su Bai's series of questions, Gu Bin took a deep breath.

Understand that if you don’t answer these questions, you will definitely not be able to get through.

Because these issues are the core key issues.

At the same time, Gu Bin was also upset in his heart, why did he let the presiding judge judge him as being deceptive in the first place.

Otherwise, he would not be in such a passive situation during the trial.

However, the fact was a foregone conclusion, and Gu Bin did not continue to think about it.

After a few seconds of silence, he began to answer.

"Based on the circumstances at the time and the experience of our Security Insurance legal department, He Dongsheng is indeed suspected of insurance fraud."

"My subjective opinion is that He Dongsheng is suspected of insurance fraud, so after completing the answers I want to know, I will transfer him to the case for processing."

"Actually, my subjective intention is not to want He Dongsheng to be criminally liable for bail fraud."

"Furthermore, I determined that He Dongsheng was suspected of insurance fraud based on my own judgment, rather than fabricating facts."

"According to the definition of false accusation..."

"I do not meet the requirements for the crime of false accusation."

"Lawyer Su, I have finished answering your question."

After Gu Bin answered Su Bai's question, he breathed a sigh of relief.

After receiving the notice of court summons and learning of Su Bai's lawsuit application.

Gu Bin had already prepared for the worst.

So preparations were made in advance.

The answer this time was the one he had prepared long ago.

And the other side.

Su Bai looked at Gu Bin and smiled.

After taking a deep breath, he slowly spoke and continued the pursuit.

"Lawyer Gu, what I'm asking is why you conducted the leading inquiry... Please don't answer without ignoring this most critical point."

"What is the purpose of your leading inquiry?"

"Since your subjective intention is not to falsely accuse He Dongsheng, why did you conduct inductive questioning?"

Faced with Su Bai's pressing steps.

Gu Bin glanced at Li Shuangjun, feeling even more annoyed.

Why didn't the presiding judge interrupt the judgment at the beginning when he was making a judgment on his induction inquiry?

As a result, Su Bai kept focusing on this key point during the court trial.

and.

This question is really hard to answer...

Headache!

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