It was determined that the legal personnel of the legal department of Quanan Insurance had induced He Dongsheng and He Dongsheng's mother.

It is equivalent to saying that in the course of the first trial, the first point of conviction of He Dongsheng was already invalid evidence.

Then the second and third points.

Accordingly, the complaint will be dismissed due to inadequacy.

To be precise, based on the above points, this second trial has basically been able to determine He Dongsheng's innocence.

Su Bai let out a long breath.

Not only that, but with such a judgment, the foundation for the subsequent malicious accusation against Quanan Insurance has also been laid.

For this case.

Gu Bin and Li Shuangjun had obviously foreseen it.

Both of them looked a little unpleasant, and after glancing at each other, Gu Bin whispered:

"This Su Bai is also an old lawyer.....

"You need to pay more attention to the next plea."

"It's my fault for this decision, I didn't predict it in advance..... otherwise, we wouldn't have fallen into such a passive state now....."

Li Shuangjun rubbed his eyebrows: "If this is my case, it won't be handled well, so just pay attention to it next." ”

"This case is mainly based on the subjectivity of the presiding judge, and this verdict is over, and basically the sentence was commuted or acquitted in the second instance."

"The next plea needs to focus on the other party's lawsuit against our Quanan Insurance....."

"However, if we are found not guilty, then we will be slightly disadvantaged by the accusations against us later."

"It is still necessary to try to keep the verdict in the commutation stage, and not let He Dongsheng be found not guilty."

"Even if He Dongsheng is found not guilty, then he should not be found innocent so easily."

To put it bluntly, it's a sentence, try to interfere with the result.

I have to say.

Li Shuangjun's analysis is still very judgmental.

After listening to Li Shuangjun's analysis, Gu Bin nodded lightly: "Well, I understand." ”

The trial continues.

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

After Du Linmu judged the behavior of Quanan Insurance, he made a summary based on the materials.

Knock knock!

The gavel sounded.

"Now this court will briefly summarize this case."

"First, it was determined that the legal department of Quanan Insurance had a certain degree of inducement to He Dongsheng and his mother's inquiry."

"The evidence submitted by Quanan Insurance is judged to be invalid."

"In addition to the conditions in the first-instance judgment, can Quanan Insurance present or provide other evidence to prove that He Dongsheng has subjective evidence of insurance fraud?"

Li Shuangjun: "Presiding judge, yes." ”

"We believe that He Dongsheng deliberately purchased a large insurance policy and suffered an accidental injury in just a few days, and we ask the litigation party to explain this matter...."

Since the first point has been judged to be denied, it is necessary to look for a breakthrough point from other aspects.

Li Shuangjun's idea is to deepen the subjective judgment of the presiding judge from this aspect to judge He Dongsheng for cheating insurance.

After all.... How so?

You've bought such a large amount of insurance and you've suffered an accident in just a few days, and you say it's not intentional, it's hard for anyone to believe it!

His idea is to influence the judge's tendency to make subjective judgments in this way.

When Li Shuangjun asked, Su Bai smiled.

Raise your hand:

"The presiding judge asked questions about Quanan Insurance, and we applied to present new evidence."

Knock knock!

"The application is approved, and the party is asked to produce new evidence."

"Okay, Presiding Judge."

Su Bai took out the previous voice recorder, and then took out an enlarged speaker.

Generally speaking, the court does not prepare these things in the trial.

If you make a public announcement in court, such as audio recordings and video audios, then the lawyer who presents the evidence needs to prepare the corresponding things.

After everything was ready, Su Bai played the contents of the voice recorder.

Voice recorder.

What is playing is the communication between Su Bai and the sales staff of Quanan Insurance.

During the communication, the sales staff of Quanan Insurance were very enthusiastic throughout the whole process, introducing various insurances, and wanted Su Bai to increase the insurance amount.

After the recording ended, Su Bai began to speak.

"Presiding Judge, according to the question I just asked our client, our client's statements and evidence have shown why we purchased such a large amount of insurance."

"It was because the insurance salesman was very enthusiastic that He Dongsheng couldn't refuse this enthusiasm, so it caused He Dongsheng to buy a huge amount of insurance."

"The evidence we have presented is clear about this."

"This is the reason why He Dongsheng bought a huge amount of insurance, not He Dongsheng bought a huge amount of insurance in order to cheat the insurance."

"There is no direct relationship between buying huge insurance and scamming it.

Moreover, subsequent accidental disability is uncontrollable.

There is no relationship between buying a huge amount of insurance and having an accidental disability in a short period of time.

There is no legally required legal causal relationship. ”

"Therefore, it is not possible to determine that we have the subjective intention to defraud insurance by purchasing a large amount of insurance and an unexpected situation occurs within a short period of time after purchase."

"Presiding Judge, we've finished our statement."

Li Shuangjun's question just now was actually very clever.

The purpose is to express that there is a certain causal relationship between the purchase of a large amount of insurance and the disability of an accident.

It has the significance of being legally interrelated.

But Su Bai directly denied the connection through statements and evidence.

confirmed why He Dongsheng bought a huge amount of insurance and came up with the corresponding evidence.

It denied that there was any legally established relationship between He Dongsheng's purchase of a huge amount of insurance and insurance fraud.

That's what matters most.

Knock knock!

After listening to Su Bai's statement, the presiding judge, Du Linmu, looked at the seat of the party being sued and asked:

"Does Quanan Insurance have any objection to the factual basis stated by the prosecution?"

Li Shuangjun shook his head: "No objection." ”

At the same time, Li Shuangjun was also a little surprised by Su Bai's performance in this trial.

Hiss....

How to say it, he always felt that when Su Bai attacked him, he would always take out something unexpected.

It seems that the plea has been prepared in all aspects before the trial, and it is determined that it can deal with various situations and situations.

This performance made him feel a little pressure.

Knock knock!

"In addition to the above questions."

"Are there any new questions that we would like to raise in other areas?"

Li Quanjun was silent for a few seconds before he slowly spoke: "Chief Judge, we don't have any other questions. ”

Knock knock!

"Does the prosecution have any other questions?"

Hu Bing shook his head.

When the presiding judge ruled that Quanan Insurance was inducing, this lawsuit had nothing to do with their prosecution.

If it is determined that Quanan Insurance is inducing, then it proves that there is a problem in this case, and there is a problem when the case is filed.

Quanan Insurance needs to bear some responsibility for this case, which is also a malicious accusation filed by Su Bai.

If there is a problem when the case is filed, no matter whether He Dongsheng really cheated on the bail or not, this case will basically be found not guilty in the second instance.

According to the provisions of the Procedural Law, the evidence in the first instance was incomplete, and the issue of evidence was not dealt with in a timely manner before trial.

Even if a case is filed with inducing questions, this can be judged to be illegal evidence.

However, if it is judged to be illegal evidence, the court trial plea required is very troublesome.

This is also the focus of the next stage of the plea, so the presiding judge only judged that it was an inducing question, and did not judge that it was illegal evidence.

Having come to this point, what else is there to say?

"There are no other questions for the prosecution."

Knock knock!

After hearing Hu Bing's words, Du Linmu rang the gavel and looked at He Dongsheng, who was in the seat of the party.

Regarding this case, whether He Dongsheng is guilty or not, Du Linmu also has a certain judgment.

Obviously, in the course of the current trial, there is a growing tendency and evidence for He Dongsheng's acquittal.

But....

There is one last point to confirm.

"Can the prosecution and Quanan Insurance's review of He Dongsheng's insurance fraud provide other legal and factual basis?"

Hu Bing: "The prosecution can't provide it. ”

Li Shuangjun glanced at Gu Bin, and then looked at the presiding judge in the trial seat.

"Presiding Judge, we admit that our legal questions have a certain tendency, but this tendency is not deliberately amplified, if He Dongsheng did not cheat the bail, then he will deny it, Presiding Judge, I think this point needs to be considered by the Presiding Judge."

"Our question is indeed tendentious, but it is not illegal."

Knock knock!

"Okay, there is no need for Quanan Insurance to continue to make statements, the collegial panel has already understood the content of the trial you stated."

When Li Shuangjun heard the presiding judge's words, a bad feeling suddenly appeared in his heart....

Knock knock!

"Now the court will be adjourned, and after the trial, it will be announced that the judgment on whether He Dongsheng cheated on the insurance will be made!"

With the fall of the gavel.

Adjournment was declared.

The members of the collegial panel left the room.

At the trial, Li Xuezhen rubbed her eyes: "Lawyer Su.... Half an hour has passed, and my eyes are sour...."

Su Bai: .........

"Lawyer Su.... I feel that when the adjournment is over, after the trial is held again, He Dongsheng will definitely be found not guilty, is it my advantage now? Lawyer Su. ”

Su Bai rubbed his eyebrows, according to the procedural law, the other party provided inducing evidence, and the verdict of He Dongsheng's innocence was certain.

But.....

Pinnacle buff.....

"Hmmm! We'll know when the court session reopens, so don't expect that much now. ”

"Oh."

"Okay Lawyer Su."

Li Xuezhen nodded seriously with a small face.

.

….…

At the same time, on the other side, Li Shuangjun and Gu Bin's faces were not very good.

Because they all know that when the adjournment is over, if it is determined that He Dongsheng is not a bail fraud, they will be in trouble.

"Let's sort out the materials well, we can't control whether He Dongsheng is a fraud insurance, but for the malicious accusation, we must let it be dismissed, otherwise the impact on our Quanan Insurance will be too great."

"I understand."

Gu Bin took a long breath, a little irritable about the handling of this case.

In the past, when they were in a lawsuit with the legal counsel of Quanan Insurance, they were all directly scolded by the opposing lawyer, who was speechless.

But today....

It gave him a bit of a headache.

Wrong.... It's a headache!.

….….

Discussion room of the collegial panel of the court.

Du Linmu, Zhang Huan, and Li Chengxiu, three members of the collegial panel, sat on the sofa and discussed the verdict on He Dongsheng.

"You should already know about the situation in the trial just now, right? What do you two think of He Dongsheng's deception? ”

Zhang Huan smiled: "How else can you look at this?" According to the provisions of criminal procedure, inducing evidence is illegal evidence, and illegal evidence must be found not guilty. ”

"No judgment has been made, but it does not mean that the evidence provided by Quanan Insurance is not illegal evidence."

"In this case, I actually contacted the presiding judge of the first instance, and in the first instance, the legal counsel of Quanan Insurance acted as a third party to make accusations against He Dongsheng, and did not mention this matter at all."

"And the judgment of the first instance was based on three points of evidence."

"When this case was accepted by our court, the litigation party applied for the second-instance litigation on the basis of inducing evidence as illegal evidence, and now it is determined that the evidence submitted by Quanan Insurance was inducing, so it is obvious whether He Dongsheng is an insurance fraud."

Li Chengxiu agreed with Zhang Huan's idea: "I agree with Judge Zhang's idea that whether He Dongsheng has cheated on insurance is mainly based on the subjective judgment of evidence. ”

"Now that it has been determined to be inducing, then in the subjective aspect of He Dongsheng, it is not an insurance fraud for illegal purposes."

"In addition, we have already learned about it through the trial scene, and it is obvious that the approach of Quanan Insurance is not what a normal company should do."

Hearing the conversation between the two, Du Linmu, as the presiding judge, nodded slightly.

"What you two said is very reasonable, and I think so in my heart, but what do you think about the lawsuit against Quanan Insurance for malicious accusations?"

Faced with the question raised by Du Linmu.

Zhang Huan and Li Chengxiu were both silent for a few seconds.

Li Chengxiu frowned slightly and spoke:

"Since He Dongsheng was found not guilty, Quanan Insurance provided evidence of illegality, and it was indeed malicious to say that it was malicious.

But this evidence alone does not show the malicious intent of its subjectivity. ”

"From the perspective of ordinary people, I think this is a malicious accusation, but as a judge, I think more facts or supporting evidence are needed to prove it."

"Hmmm! I feel the same way. ”

Zhang Huan added.

"Hmm!"

Du Linmu nodded: "The judgment of the malicious accusation depends on the plea of both sides and the evidence that can be provided." ”

"But He Dongsheng's acquittal, neither of you has any opinions, right?"

Zhang Huan: "I don't have any opinions. ”

Lee Sung-so: "I don't have any opinions. ”

"Okay, let's do it first."

Du Linmu nodded.

Zhang Huan and Lee Sung-so's thoughts are the same as his.

There is no objection to the acquittal of He Dongsheng.

The key point is the litigant's complaint against Quanan Insurance Company -

Quanan Insurance Company maliciously accused He Dongsheng of insurance fraud.

Call....

This is the most crucial point of the trial.

"This trial should be the most exciting trial I've seen since I presided over the trial this year."

Du Linmu silently said a sentence in his heart.

Then, he sat quietly on the sofa and closed his eyes to recuperate, preparing for the trial.

PS: Ask for a monthly pass~

(End of chapter)