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

Chapter 81 One is willing to fight and the other is willing to suffer

"In the report transcript of the law enforcement agency, on the day Youen Company reported the crime, the police officer who responded asked, 'Did he write this himself?'

The 'this thing' mentioned by the police officer here is exactly the claim written by Shi Hao. "

While everyone was looking through the new evidence, Ren Zhen explained:
"The response from the person in charge of Youen Company was, 'He wrote what we said, and it was definitely written by his own hand.' And in the last part, the person in charge of Youen Company also said, 'He must be arrested this time.'

I think the facts are obvious. The claim request was indeed written by Shi Hao himself, but what was written was what Youen Company wanted him to write, not what Shi Hao really thought.

The fact that Shi Hao's family was dissatisfied was something Youen Company asked Shi Hao to fabricate even though it clearly knew that the fact did not exist.

How can it be determined that Shi Hao fabricated the fact that his family was dissatisfied with the compensation, and then determined that Shi Hao had the purpose of illegal possession because of such a claim full of false expressions of intention? "

The transcript of the report is several pages long, and most of the length has nothing to do with the current trial.

Under Ren Zhen's guidance, Di Ming and several judges found the key points without difficulty and browsed through them quickly.

Ren Zhen explained it in great detail, and it only takes one sentence to briefly summarize it.

I wrote the stuff, but it wasn't my thoughts.

How can I be deemed to have illegal possession based on thoughts that are not my thoughts?

When he first received the new evidence submitted by Ren Zhen, Zhai Ming was still a little puzzled. Such important evidence proving Shi Hao's subjectivity had not appeared in the first and second trials?

But after taking a closer look, Zhai Ming understood.

The report record was handwritten in a notebook. The two parts mentioned by Ren Zhen occupy a small space. The total is only two or three lines of text, and several parts are scattered in different locations.

In addition, the police officer who took the transcript had a crooked handwriting, which made it very difficult to read.

And if you don't think deeply, you will just think that these have nothing to do with Shi Hao's conviction.

Perhaps because of this, the record of the report did not exist in the information submitted by the law enforcement agencies to the Public Prosecution Court.

But now that we have dug it out and combined it with the original evidence, looking only at Shi Hao's so-called illegal possession purpose, the deduced facts seem to be completely different.

"The person in charge of Youen Company said that 'we said it and he wrote it', but what they said and what they wrote are not clear. What they said may not be exactly the same as what Shihao wrote."

Although they had no materials in hand, they listened to Ren Zhen's words, and Zhang Tian subconsciously retorted:
"Furthermore, even if the request for compensation was written as the idea of ​​Youen Company, but Shi Hao wrote it in his own handwriting, it means that he himself agreed. How come it wasn't his true intention?

If you don't agree, Shi Hao doesn't have to write it at all. Your logic is illogical! "

Before Ren Zhen had time to respond, a deep voice sounded.

"You are the prosecutor and I am the prosecutor?"

Everyone could hear the blame in Di Ming's voice, and Di Ming himself was very depressed.

The case you made was handled in a mess and full of loopholes, which made me very unhappy.

Now that I, a serious prosecutor, haven't spoken yet, who am I?
The further the trial went on and the more information was learned, the more Di Ming became dissatisfied with Zhang Tian.

Now Zhang Tian stretched his face over again, and Di Ming slapped him directly without any hesitation.

After being reprimanded so directly, the prosecutor who could not speak opened his mouth, but finally made no sound and sat back angrily.

"Is my logic irrational?"

Although Zhang Tian's speech was not in compliance with the regulations, Ren Zhen knew that his question might also be a question in the mind of someone here.

"I have just explained the circumstances under which Shi Hao wrote this claim. In such an environment, I don't think anyone can keep their head completely clear. I think this is Reasonable and normal.

Furthermore, Shi Hao believed from the beginning that Youen Company came with good intentions and met him with an attitude of solving problems.Well, it's normal for a person who wants to solve a problem to make some compromises.

I think all judges should have a deep understanding of this. "

When Ren Zhen said this, not only Li Yilu, but also Liu Lin and Fang Ting, who had not tried civil cases for a long time, nodded subconsciously.

They knew that Ren Zhen was talking about the court's mediation process.

In almost all civil litigation, the court will organize mediation between the parties in advance.

Including on the official day of trial, you will also be asked again before the trial.

Even after the court session, some judges will ask both parties to consider mediation. If a mediation plan can be produced in time and both parties reach an agreement, the case can eventually be settled through mediation.

The so-called mediation itself is a process in which both parties constantly make demands and make appropriate concessions.

In order to achieve one of your own requirements, you must make some compromises in other aspects, which is very common in mediation.

After all, if you are unwilling to make even a small concession, there will be no possibility of mediation. It is better to just follow the regulations and make whatever judgment you want.

In this case, if Shi Hao agreed to write something in the claim request based on the ideas of Youen Company in order to get the 200 million yuan in compensation, it would indeed be more in line with the reality.

"And there is actually a big misunderstanding in what the prosecutor just thought."

When the word "Prosecutor" came up, Ren Zhen curled up his lips without any trace.

At this level, it would have been optimized [-] times outside.

"What do you think of Youen Company's idea? It doesn't really matter whether Shi Hao agrees or not."

I complain in my heart, but I still need to explain what needs to be explained:

“Because of what is written in the claim request, Shi Hao’s family is not satisfied with the 30 yuan compensation.

According to the witness testimony of the first trial, this is obviously a fact that does not exist. Will it change because of Shi Hao's consent or disagreement?

Obviously not! "

"The objective facts will not differ depending on whether Shi Hao agrees or not, but since Shi Hao wrote it down, doesn't it represent him?"

Di Ming got stuck mid-sentence.

He originally wanted to say that when Hao asked for money, he could write this false fact, but now he can use the false fact as a shield when he is found guilty.

How can there be such a good thing.

But as soon as he said it, he realized that this idea was fundamentally wrong.

“If according to what the person in charge of Youen Company said, Shi Hao was asked to write down the so-called compensation request as a seemingly reasonable basis for claiming compensation, and the ultimate purpose was to get the company to agree to the compensation request.

At that time, Hao wrote that his family was dissatisfied with the compensation. Although it was not true, from the perspective of reaching an agreement, it was a completely reasonable behavior. "

Although he didn't finish speaking, Ren Zhen heard what Di Ming wanted to express.

Although he himself realized that something was wrong, he still needed to explain it to avoid misunderstanding by the Inquisition:
"According to the principle of voluntariness in my country's civil law, when Youen Company and Shihao discuss the content of the claim, as long as they both agree, there is no problem in writing whatever they want."

To put it simply, one is willing to fight and the other is willing to suffer.

(End of this chapter)