You became a lawyer and sent the judge in?

Chapter 146 The Final Plea
The presiding judge made a judgment on Gu Bin's inductive question He Dongsheng and He Dongsheng's mother early.

Inductive judgment, coupled with this as evidence for filing a case.

It is difficult to explain its subjectivity other than malicious accusation.

Moreover, this case has resulted in the criminal punishment of He Dongsheng, which has reached the standard of false accusation and frame-up.

Gu Bin's current state is completely in a passive situation.

After taking a deep breath, Gu Bin looked at Su Bai who was on the litigant's seat, and faced the question raised by him, he spoke slowly:
"My positive answer to the questions raised by the lawyers of the litigants is as follows:"

"First: Why did I ask leading questions at that time."

"Although the court judged that my question at the time was inductive, I have already explained that my question was based on the fact that He Dongsheng was suspected of fraudulent insurance."

"The purpose of my inquiry is of course to further confirm whether He Dongsheng is really cheating on insurance."

"Second, there is no necessary legal connection between conducting inductive inquiries and the subjective intention of falsely accusing He Dongsheng."

"It cannot be judged by inductive inquiry. My subjective intention is to frame He Dongsheng."

"The transfer of the case is due to my false report, but He Dongsheng is indeed suspected of fraudulent insurance, isn't he?"

"According to the provisions of Article 243 of the Criminal Law and the scope of application, a malicious accusation requires maliciousness with subjective factors. My subjective factor is to conduct a factual investigation, not a malicious accusation."

"There's nothing wrong with my suspicions."

"Lawyer for the litigant, I have finished answering your question."

After Gu Bin finished his statement, he glanced at Su Bai.

Su Bai smiled.

Gee
How should I put it, Gu Bin understands the concept of transformation.

Gu Bin's answer has a certain reason and legal basis, but it cannot be deeply scrutinized.

First of all.

Regarding Su Bai's question about the inductive purpose, Gu Bin's answer is very simple and straightforward, there is no question.

However, it seems a bit far-fetched to answer why the inductive inquiry is conducted because the subjective intention is not for false accusation.

As a legal counsel of an insurance company, I am well aware of insurance laws.

Under normal circumstances, a legal officer of an insurance company can make a basic judgment after chatting about whether the policy purchaser has committed fraudulent insurance.

You said that your inducing behavior was not for malicious accusation, so why did you file a case later?
You must know that inducing behavior, filing a case, and submitting evidence to the prosecution, these three parties are connected together, not separated.

and also.

The explanation given by Gu Bin was that it was not a malicious accusation, but an inaccurate report.

There is a big difference between a false report and a false accusation.

Inaccurate reporting refers to the fact that the whistleblower made a so-called unrealistic report to the reporting department because he did not understand certain situations, or did not know enough.

Just for this point there is a lot of controversy.

You have engaged in induced sex, do you still not understand the facts?
surely not.

According to Gu Bin's statement, Su Bai spoke slowly:
"Excuse me, Lawyer Gu..."

"You just mentioned the fact that the report was inaccurate. In this case, it shows whether your subjective wish for He Dongsheng is fraudulent insurance. I don't know, right?"

"Correct!"

"Then I would like to ask Lawyer Gu, you said that you are not clear about He Dongsheng's subjective will as to whether He Dongsheng is fraudulent insurance, so why ask He Dongsheng with inductive questions? Then use inductive questions to get the answer and file a case? "

"Can't you ask impartially and objectively?"

"The explanation you gave is that He Dongsheng is indeed under serious suspicion, but having a major suspicion does not mean that there is indeed an insurance fraud."

"You also said that there is no legal causal relationship for inductive inquiries and false accusations.

In terms of subjectivity, since you don't have the idea of ​​falsely accusing and framing, why did you conduct inductive inquiries to file a case and submit illegal evidence? "

to be honest.

The content of this plea is mainly on one point, the subjective malicious accusation.

The focus of the subjective malicious accusation lies in Gu Bin's inductiveness and subjective judgment of He Dongsheng at that time.

This subjective judgment is a difficult point.

And the key point of the pleading is also here, so the two parties in the lawsuit, that is, Su Bai and Gu Bin, are going back and forth on this matter.

Because both people are very clear in their hearts, this subjectivity has been judged.

So the case ends here.

On this point, the hearts of both parties are like mirrors.

Facing Su Bai's pressing force again, Gu Bin took a deep breath and his head was buzzing.

This Su Bai.

Grab this point and cling to it, right?
Every time the question is asked a little bit, until now, I directly grasp the loopholes in his words and attack, right?

难搞
It's really difficult.

In this case, as long as you are a little behind in the judgment, the gap between the lagging behind will become bigger and bigger.

Just like the current situation, as long as Su Bai keeps using illegal evidence to file a case, the other party will already have the upper hand.

After taking another deep breath, Gu Bin spoke slowly:
"I'm re-examining: Quan'an Insurance Company doubted He Dongsheng based on experience.

He Dongsheng's actions are indeed highly suspicious. I believe that all the trial personnel present, including the judges, have no doubts about this. "

"I made the inductive inquiry based on this point, and there is no subjective act of malicious accusation."

In fact, Gu Bin also knew in his heart that what the other party seized was the inductive inquiry, the submission of the case, and the illegal evidence. The combination of these three points constituted a malicious accusation.

But he can't answer through this aspect, because if he answers through this aspect, he can't explain the subjectivity well.

Therefore, the only way to get out of this topic is by answering the inductive inquiry and leaving aside the latter two points.

Su Bai is also clear that the other party is obviously avoiding the important ones.

Just when he was going to continue the pursuit.

Gu Bin was one step ahead of him.

After the statement, Gu Bin knew in his heart that if he continued to ask and answer, it would be easy for Su Bai to catch the loophole, so he directly raised his hand to signal:
"Presiding judge, I apply to suspend the litigant's questioning of me."

"Reason for application."

"I have already answered the question that should be answered."

On the presiding judge's seat, Du Linmu nodded slightly after listening to the pleadings of both parties.

The current trial situation has basically been determined, but obviously, according to the previous judgment, there are certain problems with Gu Bin.

Regarding this, Du Linmu already had a judgment in his heart.

Boom boom boom!
The gavel sounded.

A muffled voice echoed in the courtroom.

Du Linmu said slowly: "The application is approved, and the litigant will no longer ask the defendant."

"The collegial panel made the following conclusions regarding the defense of the litigant and the defendant."

"First: Is Gu Bin's behavior a false accusation?"

"Second: What is Gu Bin's subjective behavior?"

Behavior and subjective behavior are divided into two parts. The first is to look at this issue with rational facts, and the second is to analyze what Gu Bin’s subjectivity is.

After stating these two questions, Du Linmu looked at the seat of the party being litigated.

Open your mouth to ask.

"May I ask Gu Bin, the legal counsel of Quan'an Insurance Company, the party under litigation, do you know that inducing evidence is illegal evidence?"

"know."

"Then why did you open the case with inductive facts and use them as evidence?"

It can be said that the question Su Bai raised earlier was not so aggressive.

But the question raised by the presiding judge Du Linmu can be described as very offensive.

Gu Bin didn't know how to answer for a while.

After Du Linmu asked this question, he saw that Gu Bin was silent.

dong dong!

Ring the Hammer.

Continue to ask: "According to the accusation made by the litigant against Ping An Insurance, since the subjectivity of Ping An Insurance is not a malicious accusation, why did Ping An Insurance file the case with inducing facts and hand it over to the prosecution?"

"As the main person in charge of this case, do you have anything to say?"

After being silent for a few seconds, Gu Bin said slowly, "Judge, what I want to say is that Quan An Insurance did not file a malicious accusation, but an accusation based on its own suspicion."

"Then how do you explain filing a case with leading facts?"

Gu Bin was directly silenced by Du Linmu's question.

Although... Su Bai has been asking these questions before, which is similar to what Du Linmu asked.

But after all... Su Bai is a litigator, so he can be careless about certain issues.

But Du Linmu is different. Du Linmu is the presiding judge. If a problem is not solved well, it will affect his subjective judgment of the case.

But let Gu Bin answer this question...

hiss.…

Gu Bin really didn't know how to answer...

So Gu Bin looked at Li Shuangjun, Li Shuangjun let out a breath and shook his head.

Gu Bin could only helplessly say: "Presiding Judge, although Quan An Insurance Company transferred He Dongsheng's case to He Dongsheng with inducement, it does not mean that there is a malicious accusation subjectively, and there is no inevitable relationship between inducement and malicious accusation. causal connection."

"Then do you have evidence? Can you submit relevant evidence?"

Gu Bin: ...

"No."

dong dong!

"Is there any factual basis or evidence for the judgment that the litigant needs to submit?"

"Yes, presiding judge."

Su Bai exhaled lightly, knowing that the most critical decision was coming.

"Presiding Judge, we have a recording that Quan An Insurance Company asked us to privately settle for 80 yuan."

After Su Bai finished speaking, he handed over the recording to the staff at the side, and the staff handed it over to the presiding judge.

After listening to the recording, the presiding judge frowned slightly, and passed the staff to the seat of the accused party.

Su Bai continued: "During the recorded conversation, Quan'an Insurance Company clearly wanted to offer 80 yuan as compensation to us."

"I would like to ask the agent of Quan An Insurance, why did you offer 80 yuan to compensate us? Do you want us to withdraw this lawsuit?"

"Is the compensation just because you think this lawsuit will affect the reputation of safety insurance?"

"But if it's just because this lawsuit will affect the reputation of Ping An Insurance, why did you make an illegal accusation and file an illegal case in the first place?"

Su Bai submitted this recording, which cannot be regarded as direct evidence, but it can be regarded as auxiliary evidence.

For subjective judgments, some supporting evidence is often needed to prove the subjectivity.

On the presiding judge's seat, the presiding judge struck the gavel.

"As for the evidence submitted by the litigant, please let the plaintiff, the security insurance company, explain it."

After hearing the conversation in the recording, Li Shuangjun was stunned for a moment.

Isn't this what he talked about when he went to He Dongsheng's house?
How can there be a recording?

Could it be that He Dongsheng had a long-term mind at that time?
Li Shuangjun thinks that this possibility is unlikely, the biggest possibility is that this is all arranged by Su Bai.

After thinking about this, Li Shuangjun looked at the seat of the litigant, and after a few seconds of silence, he spoke slowly.

"The presiding judge... We proposed 80 yuan in compensation to avoid negative reputational impact on our company."

"No other reason."
.
....
tsk tsk...

Do you think this reason is tenable?
However, Su Bai did not say these words. The most critical point of this evidence is to affect the subjectivity of the presiding judge.

It can be used as auxiliary evidence to further confirm the malicious accusation made by Ping An Insurance Company.

No matter how the other party pleads, it is undeniable that 80 compensation will be withdrawn.

On the presiding judge's seat.

dong dong!

The sound of the hammer falling sounded.

"There is now a second adjournment, and the court will start in one and a half hours. Both parties will finish their court statements and announce the verdict!"

The voice fell.

The three judges leave.

In the courtroom.

Li Xuezhen rubbed her eyes, and said silently: "I don't know if I can add a little more achievement points..."

As for Li Shuangjun and Gu Bin, who were fully insured by the litigant.

All worried.

Regarding this trial defense, they have no idea in their hearts.

They all knew that they had the upper hand, but they just didn't know how the collegial panel would judge.

call.….
Gu Bin took a long breath: "This time, the judgment will not judge our malicious accusation?"

Li Shuangjun was silent for a few seconds and rubbed his temples.

"I don't know...it depends on the judge's subjective tendency..."

"After all, this time we are... in a weak position in the trial."

"Ok!"

Gu Bin nodded, with a hint of worry on his face.

"If it is judged that we have made a malicious accusation...then..."

Before Gu Bin finished speaking, Li Shuangjun waved his hand and interrupted him.

"Okay...don't say such bad things."

"Although the plea in court is not good for our situation, it does not crucify us. The specific sentence depends on the presiding judge."

"We don't think about it... There is no need to think about the bad side."

"Oh, I see."

Gu Bin nodded, there was still a lot of worry between his brows.

PS: Ask for a monthly pass~

(End of this chapter)