If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 78 Ignore the complaint
Cross between civil and criminal!

This concept appeared in the minds of everyone present at the same time.

Zhang Tian and Li Kai's expressions were the most astonished.

From the beginning to the present, no one has considered this issue.

Including the two presiding judges and the first-instance public prosecutor.

I was still happy after hearing Di Ming's answer just now, but the lawyer's question was not strong at all.

Shi Hao has already signed an agreement to give up further recovery. You still want to quibble on this point?Have you been criticized by Zhai Ming?
Who would have known that in just two sentences, Ren Zhen would reveal his true purpose.

Does Shi Hao have the right to continue to claim compensation?

It seems that Zhai Ming has explained this issue very clearly.

Okay, even if you are right, you cannot directly judge Shi Hao guilty based on this.

Because what you are explaining is a civil law issue, but whether Shi Hao is guilty or not belongs to the criminal category.

Zhai Ming vaguely caught something, and some uncommon situations appeared in his mind, and he began to think quickly.

"The defender will explain in detail."

The point put forward by Ren Zhen was too abrupt, and Liu Lin was actually a little nervous at this time.

But he didn't hesitate much and let Ren Zhen continue.

Anyway, there must be a lot of people who want to hear it, and since you brought up a point of view, it makes sense for you to explain it, right?
“In the first-instance judgment, the reason for determining that Shi Hao had the ‘intention to illegally possess other people’s property’ was that Shi Hao had signed a compensation agreement with Youen Company on June 20, 6XX.

'The agreement is valid and has actually come into effect. The content of the agreement is also sufficient to cover all possible claims for compensation previously made by Shi Hao, which means that Shi Hao's claims have been realized.'

Therefore, if Shi Hao continues to file a claim without legal right to claim, he is illegally possessing other people's property. "

Ren Zhen pulled out a piece of paper, which was exactly what he had just read:
“If we look at the conclusion here alone, Shi Hao’s claim does constitute illegal possession of other people’s property, and there is no problem at all.

But except for the conclusion, everything should not appear in the judgment! "

Li Kai held the handle tightly and felt his heart beating violently.

If what Ren Zhen said is true, then the judgment made by him may indeed have big loopholes.

The problem is that he also feels now that there is something he didn't expect?
This was the source of his inner unrest.

"Although the issue of Shihao's claim belongs to the civil domain, in order to determine whether he has the purpose of illegally possessing other people's property, this issue needs to be clarified."

Di Ming spoke very slowly, as if he was clarifying his thoughts while refuting Ren Zhen:

"Then the court first clarifies its claim, and then makes a judgment based on the clarified conclusion. There is no problem."

"The prosecutor is right!"

Chang Jiahang next to him almost laughed out loud.

With so many people present, he should be the only one who knows best what will happen next after Ren Zhen says these words.

“After the court first clarified Shi Hao’s right to claim, there was no problem in determining his illegal possession purpose on this basis.

But the question is, what if the court cannot clarify Shi Hao’s right to claim? "Can't be clear?

Di Ming was stunned.

Li Kai was stunned.

Can't the court be clear?

Who can? ?

On the contrary, there was a judge on the trial bench who reacted for a few seconds after hearing Ren Zhen's words and showed a look of surprise.

After quickly saying something to two colleagues, Liu Lin and the other judge nodded repeatedly.

"Not to mention whether the first-instance judgment of this case was correct in determining Shi Hao's claim, what I want to say is that in the field of civil litigation in our country, there is a principle called 'no complaint, no response'.

This principle has two meanings. From a procedural point of view, unlike criminal litigation, in the field of civil litigation, if there is no prosecution by the plaintiff, there will naturally be no trial by the People's Court. "

It turns out his purpose is here!
Di Ming finally realized that Ren Zhen's seemingly weak discussion was actually preparation for the scene before him.

"Furthermore, from a substantive point of view, the scope of civil case trials should be limited to the plaintiff's claims and the defendant's counterclaims, and should neither be narrowed nor expanded!"

"Now let's take a look at the first-instance verdict. Do you still think there is no problem?"

On the trial bench, several judges started discussing in a low voice before Ren Zhen finished speaking.

"Lao Li, you are the most professional in civil matters. What do you think of what the defense lawyer said?"

Li Yilu was the judge who reacted first just now. Of the three people on the bench, the other two all specialize in criminal cases. Only he is responsible for more complicated cases, including both criminal and civil cases.

Therefore, he also has a better understanding of some civil regulations.

When Ren Zhen said that the court could not clarify Shi Hao's right to claim, he immediately thought of the words "no complaint or ignore" and informed Liu and Lin at the same time.

Li Yilu, who takes care of both criminal and civil affairs, knows that the judges in the criminal court cannot be said to have only a smattering of knowledge about civil matters, but there are also many people who are well versed in the six.

Faced with Liu Lin's question, Li Yilu pondered for a few seconds: "In practice, in cases where civil and criminal matters overlap, generally speaking, we handle them according to the principle of first punishing and then civilian.

From this point of view, there is no problem in solving the civil issues first and then using them as the basis for the subsequent criminal aspects.

But this case, it’s not a typical case where civilians and criminals are intertwined, it’s just a bit..."

Li Yilu clicked his tongue several times, but in the end he still didn't say the reason.

Before Liu Lin could ask what was going on, Ren Zhen's voice continued, interrupting their discussion:

“In this case, Shi Hao is suspected of extortion, and there is an infringement dispute between Shi Hao and Youen Company. It seems to be the same thing, but when interpreted from the two fields of criminal law and civil law, they are essentially two legal relationships.

So under the premise that Youen Company did not file a civil lawsuit, did not appear in court, and the court did not conduct a substantive trial of the civil infringement, the court of first instance was equivalent to standing in the perspective of Youen Company, as the agent of Youen Company, and making a judgment on the time. A judgment was made on Hao's civil rights. "

Listening to the words that came out of Ren Zhen's mouth, Shi Hao and Chang Jiahang were excited at first, but now they feel a little frightened.

Are these words really allowed to be said in front of a judge?

Won't it be forked out?
"It is a civil judgment made in this way to determine that Shi Hao had criminal intent to possess illegally. It is really rare for the first instance court to make such a combined criminal and civil judgment!"

(End of this chapter)