You became a lawyer and sent the judge in?

Chapter 145 Second Company Judgment, Key Plea and Accusation

The recess is over.

In the voice of the clerk announcing the resumption of the court session.

Du Linmu, Zhang Huan, and Li Chengxiu took the court seats together again.

dong dong!

The gavel sounded.

A muffled voice echoed through the courtroom.

All parties involved in the on-site trial had certain psychological expectations for the subsequent judgment.

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

Especially He Dongsheng.

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

Sitting on the presiding judge's seat, Du Linmu simply sorted out the materials in his hands, and then said slowly:
"Now it is judged whether He Dongsheng committed insurance fraud against Quan An Insurance based on the subjectivity."

Whether He Dongsheng is guilty or not depends on whether it constitutes insurance fraud. The core of insurance fraud is to obtain illegal defraud.

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

dong dong!

"According to the pleadings of all parties in the trial and relevant evidence."

"One: Quan An Insurance's inquiries about He Dongsheng and 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 verification, and there is no strong factual basis for explanation."

"Three: According to the evidence provided, when He Dongsheng was working, the machine suddenly started to cause He Dongsheng's disability.

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 the machine malfunctioning is small, it is not impossible. Therefore, it cannot be concluded that He Dongsheng has the subjectivity of intentionally starting the machine, causing his own disability, and using it to illegally defraud insurance."

"Four: According to Quan An Insurance, He Dongsheng purchased a huge amount of insurance and suffered 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 bought the insurance because of the enthusiasm of the salesperson, so he bought a huge amount of insurance.

There is no established legal causal relationship between this purchase of a huge amount of insurance and the unexpected occurrence of accidents within a short period of time after the insurance takes effect. "

"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 is unintentional."

dong dong!

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

The judgment was announced directly, and He Dongsheng did not cheat the insurance.

After hearing this verdict, He Dongsheng's nervous mood slowly relaxed.

Although the presiding judge didn't say that he was innocent, he could tell that it was a good judgment.

At the litigation seats of all parties, Hu Bing, the prosecutor, spoke first:
"Judge, we have no objection to this judgment."

Su Bai: "We have no objection."

In the security seat, Li Shuangjun and Gu Bin had already expected to make such a judgment.

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

At the same time, a certain degree of vigilance was triggered, because this judgment laid a certain foundation for Su Bai to sue Quan An Insurance for malicious accusations.

The next trial is the most critical.

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

Boom boom boom!
The presiding judge Du Linmu continued: "All parties have no objection to the judgment that He Dongsheng subjectively did not have the purpose of illegally defrauding insurance money."

"Then the trial will continue."

"Now, further confirmation of the request of the litigant."

"The litigant, your claim is to ask Quan An Insurance to compensate He Dongsheng for the amount of insurance that He Dongsheng should have."

"and."

"Sue Quan An Insurance for maliciously accusing He Dongsheng, demanding that the relevant responsible persons be held accountable and compensate He Dongsheng for his spiritual loss."

"Is the above accurate?"

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

Boom boom boom!
"it is good!"

"Confirm the claim of the litigant, then summarize the claim."

"One: Ask Quan An Insurance to make due compensation."

"Two: Sue Ping An Insurance for malicious accusations and pursue accountability."

"Now plead the first point."

"The litigant asks you to make a statement."

"Good judge."

Su Bai nodded slightly, and asked Quan An Insurance to make due compensation. There is no problem with this, because there is a contract.

And the claim is within the bounds of what it should be.

Even Li Shuangjun and Gu Bin, the legal counselors of Quan An Insurance, have done in-depth research on insurance cases, but it is impossible to go beyond the restrictions of the contract.

If the insurance company had been able to confirm that He Dongsheng had complied with the contract, he would not have won the lawsuit.

Then it is impossible to turn back and sue He Dongsheng in court for fraudulent insurance.

So asking the insurance company to compensate for this will not cause any problems.

Winning the lawsuit is sure to be able to win the lawsuit.

"Presiding judge, according to the evidence of the contract materials provided by us, it has been shown."

"First, our accident is a personal accident, which complies with the provisions of the contract."

"Second, the time of permanent disability caused by our personal accident is within the time stipulated in the contract, that is to say, we have not exceeded the time limit."

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

"Judge, we have finished our statement."

After finishing speaking, Su Bai calmly looked at the seat of the accused party.

The respondent is seated.

Li Shuangjun and Gu Bin didn't pay much attention to Su Bai's claim that Quan An Insurance compensated He Dongsheng.

Because once this case is judged, if He Dongsheng is not guilty, then it is within a reasonable range for him to claim compensation insurance.

The provisions of the contract are clearly written, and it is impossible for them to say that they do not follow the contract or make statements according to the law.

Besides, even if they wanted no compensation, Su Bai would not give them this chance.

The expressions of the two were flat, as if they had no intention of refuting at all.

On the seat of the judgment seat, Du Linmu sounded the gavel.

Boom boom boom!
"With regard to the statement of the litigant, does Quan'an Insurance have anything to say?"

Li Shuangjun knew that it was useless to refute, so he simply said:
"The statement of the litigant is based on the contract, and He Dongsheng's claim is reasonable."

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

"Presiding judge, we have no objection to the statement made by the litigant."

tsk tsk...

Listen, listen.

How good the scene is and how much it is in place. After knowing that the pleading in this area will not get any benefits.

Li Shuangjun changed his strategy in an instant, 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 to take He Dongsheng to court in the name of fraudulent insurance.

After hearing this, Su Bai really believed it.

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

But I have to say something.

As legal counsel, Li Shuangjun and Gu Bin did a good job, not only fighting for the interests of Quanan Insurance Company in court.

Moreover, he is also very generous in this aspect. Even if the live broadcast of the court trial is broadcast, some people may change their impression of Ping An Insurance Company because of this passage.

but!

All of this was before He Dongsheng was brought to court.

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

How should I put it... two words: hypocrisy.

On the side, Li Xuezhen whispered:
"This... Quan An Insurance's legal affairs are really too much... While taking people to court, they are talking about compensation..."

"It always feels...strange."

Su Bai smiled and nodded.

"It's nothing surprising. You'll know when you see more in the future."

Some lawyers, for the sake of litigation costs and in order to meet certain conditions of the litigation, talk to people and talk to people.

Such lawyers are not uncommon.

For Li Xuezhen, a novice who has not yet become a formal lawyer and has never litigated, it is indeed strange.

But after wandering around in the courtroom for a long time, I found that there are only a lot of such lawyers.

I have legal knowledge, and the winning rate is not low, but all the lawsuits I do are not very good.

Take today's lawsuit, for example.

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

"Oh."

"Okay, Lawyer Su...I see."
.
 …
at the same time.

After Li Shuangjun finished his statement, on the trial stage, the presiding judge Du Linmu nodded slightly and rang the gavel.

Boom boom boom!
"Quan An Insurance has no objection to the matter of compensation."

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

"The litigation application of the litigant did not exceed the reasonable scope, and the compensation applied for was within the scope of contract compensation. It is now judged that Quan'an Insurance Company should pay the amount of insurance compensation that He Dongsheng deserves."

dong dong!

"Are there any objections?"

Su Bai: "No objection."

Li Shuangjun: "No objection."

Regarding the point of compensation, neither Su Bai nor Li Shuangjun had any major opinions.

But both parties also knew that the most critical moment in this trial was coming.

That is to launch a defense against the accusation against Quan An Insurance Company, whether it is a malicious accusation.

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

Fabricate facts and falsely accuse and frame others with the intention of causing others to be subject to criminal investigation. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Also.

Article 243 also has the last two sentences.

State organ functionaries who commit the crime mentioned in the preceding paragraph shall be given a heavier punishment.

The provisions of the preceding two paragraphs do not apply to false accusations or false accusations that are not intentional framing.

Intentionally false accusations and false accusations reported falsehoods.

Between the former and the latter, the most critical thing is whether it is an intentional false accusation or a false 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 that the report was false.

Therefore, in order to determine this crime, other evidence must be used to assist in determining the subjectivity of falsely accusing the framer.

but.….
For these, Su Bai has already prepared.

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

The rest... basically have no problems.

dong dong!

On 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 Su Bai's direction and Li Shuangjun's direction, he rang the gavel again.

"As for the first point of the lawsuit against Ping An Insurance Company, the judgment has now been completed."

"Next to the second point."

"The litigant, you are suing Quan'an Insurance Company for maliciously accusing He Dongsheng, please state the legal regulations or factual basis."

"Good judge."

Su Bai took a long breath, and then began to speak:
"Presiding judge, we would like to ask the other party, Gu Bingu, a few questions first."

dong dong!

"application passed!"

"Party attorneys may begin questioning."

"Good judge."

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

"According to the relevant law involved in the malicious accusation is Article 243, the crime of false accusation and false accusation."

"in."

"Related concepts refer to fabricating criminal facts, filing false cases and reporting, with the intention of making others subject to criminal responsibility."

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

"As a lawyer, you conduct induced inquiry and transfer the case based on the content of the induced inquiry. What are the subjective factors in this?"

"Does your subjectivity want He Dongsheng to suffer criminal responsibility?"

"If not, why is the induced inquiry conducted and the result of the induced inquiry used to transfer the case?"

"Don't you know that the crime of fraudulent insurance can be subject to criminal responsibility?"

"As an insurance legal officer, I believe you understand the crime of fraudulent insurance, right?"

"Attorney Gu, please answer these few questions of mine head-on."

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

Understand that if you don’t answer these questions, you will definitely have trouble getting through.

Because these issues are the core key issues.

At the same time, Gu Bin was also annoyed in his heart, why did the presiding judge judge his inductiveness in the first place.

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

But the facts are a foregone conclusion, and Gu Bin did not continue to think about it.

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

"According to the situation at the time and the experience of our Quan An Insurance legal department, He Dongsheng is indeed suspected of fraudulent insurance."

"My subjective opinion is that He Dongsheng is suspected of fraudulent insurance, so after completing the answer I want to know, I will transfer him to file for handling."

"Actually, my subjective intention is not to make He Dongsheng suffer criminal responsibility for the crime of fraudulent insurance."

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

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

"I don't meet the constitutional conditions for the crime of false accusation and false accusation."

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

Gu Bin heaved a sigh of relief after answering Su Bai's question.

After receiving the notice of the court summons, and learned of the lawsuit filed by Su Bai.

Gu Bin had already prepared for the worst.

So prepare in advance.

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

And the other side.

Su Bai looked at Gu Bin and smiled.

After taking a deep breath, he opened his mouth slowly and continued the pursuit.

"Lawyer Gu, what I'm asking is why you made the inductive inquiry... Please don't leave this most critical point in your answer."

"What is the purpose of your leading inquiry?"

"Since your subjective intention is not to frame He Dongsheng, why do you conduct inductive inquiries?"

Facing Su Bai's pressing step by step.

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

Why didn't the presiding judge interrupt the judgment when he made a judgment on his induced questioning at the beginning.

As a result, Su Bai kept pursuing this key point in the court trial.

and.

This question is really hard to answer...

Headache!

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(End of this chapter)