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

Chapter 79 Whose witness?

"Then according to your opinion, as long as it involves civil matters, a special court must be held in advance?"

Ren Zhen's words were extremely rude. After all, Li Kai couldn't hold back and spoke:

"Then will our case be judged?"

Facing Li Kai's question, Ren Zhen chuckled and shook his head.

"Of course I didn't mean that."

As one of the unidentified members of the court, Li Kai should not be able to speak now, but looking at the people in the court who were obviously thinking hard, Ren Zhen was too lazy to argue with him.

"There is certainly no problem in determining that Shi Hao had the purpose of illegally possessing other people's property. The problem is that it cannot be based on the fact that he has lost the right to claim.

Whether Shi Hao still has the right to recover compensation from Youen Company is a purely civil issue. In order to convict him, a criminal judgment cannot be made to deprive him of his civil rights.

This obviously does not comply with the principle of non-complaint and non-response in civil litigation, and is also clearly beyond the scope of criminal trials. "

The explanation given by Ren Zhen sounded reasonable, and Li Kai's menacing momentum was blocked in an instant.

In fact, Ren really took advantage of the discussion here.

Because the intersection of civil and criminal cases is a very complex issue in practice, although it often occurs, there is no clear and unified principle for dealing with it.

This is true no matter which world you are in.

Even the scope of cross-civilian and criminal cases is difficult to accurately define.

I really did a lot of homework before the trial started and grasped a very critical point.

Although most cases involving the intersection of civil and criminal matters are handled according to the principle of "criminal before civil", the application of this principle has a prerequisite, that is, there must be conflict between the criminal legal relationship and the civil legal relationship in the case.

In other words, in layman’s terms, only when a person’s behavior involves both civil infringement and criminal offense can it be dealt with according to the principle of first punishing and then civil.

However, if the criminal legal relationship and the civil legal relationship are involved, then the criminal and civil parties need to stand side by side and conduct separate trials.

In Shi Hao's case, Shi Hao's behavior may be suspected of extortion, but it is not yet clear whether his behavior is civil infringement.

Because no matter what the outcome is, it must be judged based on whether Shi Hao has the right to claim against Youen Company.

Given this premise, it is obviously unreasonable to deprive Shi Hao of his right to claim in criminal court.

Can the conclusion drawn be reasonable based on unreasonable reasons?

Maybe in real life, there is a mistake, but in law, this kind of ambiguity is absolutely not allowed to occur.

"If you explain it this way, there are indeed some problems with the trial logic of the first instance."

Seeing that the other two colleagues were still hesitant, Li Yilu took the initiative to express his thoughts.

Although Liu Lin is the presiding judge, the trial obviously cannot only rely on his own ideas.

It is one of the meanings of the collegial system to provide corrective opinions when the presiding judge's judgment deviates and to give suggestions before making a choice.

“If Shi Hao’s behavior, while suspected of extortion, directly involves civil infringement, then there will be no problem for the court to make a ruling.

However, the civil definition of Shi Hao's behavior has not yet been determined, and it is indeed inappropriate to make a judgment on his substantive rights in a criminal court. "

After listening to Li Yilu's analysis, the other two people also nodded.

"Therefore, there is still a reasonable possibility in civil terms for Shi Hao to continue to claim compensation from Youen Company." The judge named Fang Ting finally rationalized: "The existence of possibility means there is doubt in criminal terms.

If there is doubt, then based on the fact that there is no suspicion of guilt, it cannot be concluded that Shi Hao had the purpose of illegal possession. "

Liu Lin rubbed his brows: "Actually, it's a bit far-fetched to say that the crime was never suspected, because the first instance found that Shi Hao had the purpose of illegal possession, which was directly based on his lack of civil right to claim.

But whether we deal with it in terms of punishment first and then people or separation of punishment and people, this cause and effect is wrong. "

Li Yilu and Fang Ting thought for a while and realized that this was indeed the case.

"Then the purpose of illegal possession is not established?"

Although Li Yilu's tone was questioning, the three of them almost had the answer in their hearts.

"Then let's stop discussing whether Shi Hao has the purpose of illegally possessing other people's property."

Although there are some twists and turns, this issue can be considered to have a relatively clear direction.

After all, in the previous discussion about Shi Hao's criminal intent, although Zhai Ming and Ren Zhen had the same views in general, there were still many ambiguities in the specific logic of determination.

As for whether Shi Hao has the right to continue claiming compensation from Youen Company, although it is not clear, it does not actually affect their decision.

Because this claim is not yet clear, and this issue does not need to be clarified in today's court.

So there is nothing to worry about.

"presiding judge."

Zhai Ming reminded: "There are two reasons why the first instance determined that Shi Hao had the purpose of illegally possessing other people's property. In addition to not having the right to make a request, Shi Hao also fabricated the fact that his family was not satisfied with the 30 yuan compensation."

"Um"

Liu Lin reacted for a while before he remembered that only the issue of the right to claim was over, not the issue of Shi Hao's illegal possession.

"About this part of Shi Hao's fictitious facts."

Liu Lin looked at the first-instance verdict, then at the relevant evidence, and finally looked at Di Ming:
"The prosecutor should clarify this first."

Judging from the protest opinions and the objections to the first-instance accusations at the beginning of the trial, Zhai Ming has no problem here.

But Liu Lin knew that Shi Hao and Ren Zhen would definitely refute and explain this part of the facts.

Let Zhai Ming make it clear first, which can make the subsequent prosecution and defense more targeted and logical.

It also facilitates judges to make judgments.

"As for the facts found in the first instance judgment, Shi Hao's fictitious facts and Shi Hao's criminal blackmail against Youen Company. Although the purpose of proof is different, there is a strong correlation between the two, so I plan to put them together. Get up and say it.”

Di Ming explained, and Liu Lin nodded: "Okay."

"According to the facts and corresponding evidence determined by the court of first instance, on June 20, 6XX, Youen Company contacted Shi Hao. In the recording of the call at 29:18 that night, Shi Hao's original words were 'I think it's nothing. It's chattable, but when you say that, I have to think about how well you can represent them, and to what extent you can represent them. I can also have a chat with you.'

At 20:30 that night, Shi Hao met with the person in charge of Youen Company at the Kaiyuan Hotel and wrote down a claim request, which clearly stated, 'My family is not satisfied with the compensation of 30 yuan and wants more.'

In the first trial, Shi Hao's wife and parents appeared in court as witnesses, proving that he had never mentioned that he was dissatisfied with the 30 yuan compensation. This can be proved by the transcript of the first trial. "

(End of this chapter)