After Li Shuangjun finished stating the lawsuit application.

The judgment seat, on the presiding judge's seat.

Du Linmu briefly combed through the litigation applications of the three parties and looked at the seats of the litigants.

"Litigation party."

"Both the prosecution and the respondent have made statements about the litigation application filed by you."

"Now to summarize the first point, whether He Dongsheng has committed the crime of defrauding insurance, please revoke the first-instance judgment on the appeal application, make a not guilty defense, and now start to make a statement."

"Okay presiding judge."

Insurance fraud cases.

The most critical point of this kind of case lies in the subjective intention of the parties.

and how to determine the subjective intent of the parties.

At its core, it is similar to the crime of fraud.

All of them are for the purpose of unlawful possession, but the specific form is different.

Su Bai nodded slightly, put the materials and evidence prepared in advance on the table and began to state.

"The crime of insurance fraud is constituted, and the general circumstances are divided into:"

"First, the policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money."

"Second, the policyholder, the insured, or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, and defrauds the insurance money."

"Third, the policyholder, the insured, or the beneficiary fabricates an insurance accident that did not occur and defrauds the insurance money."

"Fourth, the policyholder and the insured deliberately cause an insurance accident of property damage and defraud the insurance money."

"5. The policyholder or beneficiary intentionally causes the death, disability, or illness of the insured to obtain insurance money."

"The above are the five forms and specific situations of insurance fraud."

"In this case, both the policyholder and the insured are our client, He Dongsheng, and the beneficiary is our client's mother."

"In the first-instance judgment, Article 5 was followed."

"In other words, He Dongsheng deliberately caused his disability to defraud the insurance money."

"In the judgment of the first instance, the evidentiary and factual basis and the criteria for filing the case were: "

"He Dongsheng was in the effective period of the insurance purchase, and the insurance took effect on the fifth day of the month, but He Dongsheng had an accident on the tenth day of the month. Permanently mutilated one palm and fingers. ”

"And He Dongsheng has purchased a huge amount of insurance."

"There is nothing wrong with determining that He Dongsheng is suspected of cheating on insurance."

"However, regarding the relevant supporting certificates.... Presiding Judge, we believe that some of the relevant proofs in the first-instance judgment do not conform to the factual basis. ”

"Presiding judge, I apply to state the course of the whole matter, understand the causal relationship between the case before and after, so as to better analyze the supporting evidence."

Knock knock!

"The application has been approved."

After receiving the presiding judge's application, Su Bai continued to make a statement.

"The cause of the case is that He Dongsheng purchased personal accident insurance and insured a large amount."

"After purchasing personal accident insurance, it took effect on the 5th of the month, and He Dongsheng was disabled on the 10th, so he made a claim to the insurance company."

"After He Dongsheng's accident."

"The personnel of the insurance company have identified the insured accident, and the initial identification is a normal insurance behavior.

It was through the staff of the insurance company who inquired about He Dongsheng.

After learning that our client has high blood pressure, we reject our claim on the grounds that we have not been informed of high blood pressure and that it is no longer covered by compensation. ”

"However, according to the contract issued by the insurance company, if it is due to the onset of high blood pressure itself, which leads to an accident, no claim will be made."

"But ....."

"This insurance is not due to the onset of high blood pressure, which caused an accident, but due to mechanical reasons, an accident occurred, resulting in our accidental disability."

"Therefore, it is very unreasonable to conclude that we are not a claim.

He Dongsheng did not intend to accept the insurance company's solution at that time, so he wanted to protect his interests through litigation.

Intend to take GSI to court.

However, when we intend to protect our interests from losses through litigation, Quanan Insurance only determines that our party is suspected of insurance fraud, rather than determining that we are suspected of insurance fraud from the beginning.

In this regard, we ask the respondent to answer our question: Why was it not determined that we were suspected of insurance fraud in the first place? ”

Although Li Shuangjun didn't know what Su Bai meant by this question, he was very easy to answer this kind of question.

Unthinking openings:

"Because at that time, the relevant staff of our company did not inform the legal department of the specific matters, and the relevant staff had no legal experience."

"After investigation, our legal staff found that the other party was suspected of insurance fraud and launched an investigation."

Facing Li Shuangjun's answer, Su Bai nodded with a smile and continued to state:

"Okay."

"Thank you for your answer."

"We continue to state:"

"In the first-instance judgment, according to the materials submitted by Quanan Insurance and the litigation defense.

The basis for suspecting He Dongsheng's insurance fraud is that the time interval between Dongsheng's purchase of insurance and his accidental disability caused by permanent injury is too short. ”

"It is suspected that He Dongsheng is subjectively suspected of cheating on insurance."

"The evidence is as follows: First, the beneficiary of the insurance is He Dongsheng's mother, and He Dongsheng's mother is seriously ill and needs money, and is suspected of defrauding the insurance to treat his mother's illness.

The in-house counsel of the insurance company questioned He Dongsheng's mother and learned that He Dongsheng had the idea of defrauding the insurance, and through the words of He Dongsheng's mother, he questioned He Dongsheng again and determined that he had the subjective intention to defraud the insurance, and submitted evidence to file the case. ”

"We reserve doubts about this key piece of evidence, and the point of doubt is that we believe that the legal counsel of Quanan Insurance has a strong guiding and purposeful approach to our inquiry."

"Second point:"

"The legal counsel of Quanan Insurance, after asking He Dongsheng's colleagues, learned that He Dongsheng had mentioned that if something really happened, then the insurance amount would solve his big trouble, and through He Dongsheng's colleagues, He Dongsheng's subjective willingness to cheat insurance was further confirmed."

"Third point:"

"Through the detection of professional institutions, in the case of non-human intention, the probability of accidents is 5%, through the detection of this professional organization, Quanan Insurance Company believes that we should not have such an unexpected situation in the case of a sense of protection, and then further determine our subjective willingness to cheat insurance."

"According to the concept and constitutive elements of the crime of insurance fraud."

"The crime of insurance fraud refers to the act of violating insurance laws and regulations and carrying out insurance fraud activities for the purpose of illegal possession, and the amount is relatively large."

"The subjective aspect shows that the perpetrator takes intent as the subjective condition."

"Objectively, it is manifested in the fact that the actor violated the insurance laws and regulations, adopted fictitious insurance objects, insured accidents or created insurance accidents."

"Based on the above accusations, it was determined that He Dongsheng was suspected of defrauding insurance, and I would like to ask the prosecution, is this the case in the first-instance accusation?"

After Su Bai finished speaking, he looked at the presiding judge of the trial.

The verdict of this trial whether He Dongsheng is guilty or not lies in one point.

That is, his subjective will, whether he deliberately committed insurance fraud for the purpose of illegal possession.

Based on the above points stated by Su Bai.

At first glance, good guy, so many things are united, isn't this a proper insurance fraud?

First, he indirectly admitted that he had the idea of cheating on insurance.

Second, colleagues also confirmed that He Dongsheng had similar thoughts and also said such things.

Thirdly, there are no problems with the equipment. There is a 95% probability that there will be an accident, why did this 5% meet He Dongsheng, especially when he invested a huge amount of insurance?

Therefore, after Li Xuezhen read the file of the first instance, she specially asked Su Bai whether this case was really a fraud on insurance.

Su Bai also deliberately used micro-expressions to further confirm whether He Dongsheng was telling the truth.

But in fact .... After putting aside preconceived subjective wills.

Think about the case with a clear rational mind.

The most critical point in this case lies in the legal department of Quanan Insurance, and these old baguettes are inducing to He Dongsheng and He Dongsheng's mother.

The approximate situation of this inducement is that in Wang Mingxuan's case, the prosecutor Lu Hongmei induced Wang Mingxuan to make a statement in court.

The two are similar.

Aside from the fact that it has a certain inducement, the first point is directly denied.

The second point is that the statement of He Dongsheng's colleague only expresses a point of view, and does not directly express and confirm He Dongsheng's subjectivity.

In the first instance, the purpose of the second point was to further confirm He Dongsheng's subjective will and whether there was any insurance fraud.

In fact, putting aside the judgment of the first point, only the third point can confirm that He Dongsheng did have a deliberate subjective will.

But a 5% chance is not out of the question.

If it weren't for the inducing inquiry.

Taking the first point as the starting point, combined with the second point and the third point, these two relative subjective wills, then the court of first instance would not have ruled that He Dongsheng had cheated on the insurance at all.

To put it bluntly, the responsibility for this first-instance case can be determined in this way lies with the legal counsel of Quanan Insurance.

As a matter of fact.

Li Shuangjun is right, they really can't interfere with the judicial process and they don't interfere with the judicial process.

These are indeed true.

However, Li Shuangjun did not say the most critical point, that is, the filing of the case and the evidence investigation conducted by the prosecution.

It is based on the evidence provided by Quanan Insurance to verify.

Li Shuangjun is clearly vague in his concept, he is indeed not interfering with the judiciary, but he is equivalent to providing inducing false evidence.

It was this evidence itself that was problematic that led to the first-instance verdict and convicted He Dongsheng.

The inducement confirms the subjective will, and the case is filed, transferred to the prosecution, and appears in court as a third party for further charges.

You tell me, this is not a malicious accusation?

What is your non-malicious accusation?

However, if you want to prove that the other party is making a malicious accusation, you need to take it step by step.

Su Bai retracted his gaze and looked at the prosecutor's seat.

Hu Bing looked at the materials of the trial and nodded:

"The basic accusation in the first instance was based on the above issues."

After questioning the prosecutor, Su Bai still wanted to speak, but was interrupted by Li Shuangjun raising his hand.

"Presiding Judge, we believe that the litigation party's statement has too strong subjective will, and the content of the statement is also biased, and does not have the facts of legal fairness, justice and objectivity."

"The litigant believes that the evidence provided by us is inducing and that the matter has not been decided by the court.

According to the relevant laws and regulations, no one should define evidence or criminal suspects without a court judgment and judgment.

In our opinion, the statements of the litigants in this paragraph should be dismissed. ”

Su Bai opened his mouth to retort: "We didn't think so, we just raised doubts about this point and stated it in the trial." ”

"And what I don't understand is, why is the party being so nervous about this point of doubt raised by us?"

"If the respondent really did not induce the act, then why should he apply to dismiss my statement?"

"In addition, in the litigation application filed by us, we accused the respondent of malicious accusations.

Is it because we and the litigated party are preparing in advance for Quanan Insurance's malicious accusation against He Dongsheng that the litigated party is proposing to dismiss our statement now? ”

"On legal grounds, we have the right to doubt and ask the party being sued to answer our questions."

Li Shuangjun: ???

He didn't expect that Su Bai would see his thoughts at a glance.

The reason why he proposed to dismiss this statement was indeed to provide a good environment for the subsequent plea.

However, in the face of Su Bai's question, Li Shuangjun was already ready how to answer.

"We just don't want anything to discredit us, not anything else mentioned by the litigant, but to apply for dismissal based on our own legal rights."

Gee....

Or how about the old baguette?

This answer can be said to be leaky, but Su Bai didn't care about Li Shuangjun's words.

Looking up at the presiding judge's seat slightly, the presiding judge would definitely not reject Li Shuangjun's application.

Because if the judgment is dismissed, then it is obviously biased in favor of the party being litigated.

And then there's the suspicion that I had just made.

If the judgment is dismissed, it is obvious that there is a lot of frustration in it.

Generally speaking, even if it is really boring, it is impossible to dismiss it.

The facts were the same as Su Bai thought, Du Linmu rang the gavel.

Knock knock!

"Dismissal of the respondent's application."

"In addition, I would like to remind all members that in this trial, the statement must not be deliberately interrupted for any reason, otherwise, there will be a double warning."

Du Linmu glanced at Li Shuangjun on the party being sued.

Li Shuangjun nodded and replied, "Okay, presiding judge." ”

Seeing this, Su Bai couldn't help but smile.

It seems that the presiding judge saw that Li Shuangjun was deliberately interrupting the statement and reminded him in advance.

The implication is obvious, that is:

I've already reminded it.

Li Shuangjun, no matter how you deliberately affected the order of the trial and expelled you from the trial scene, there was no violation of the rules.

PS: Ask for a monthly pass~

(End of chapter)