End of adjournment.

In the voice of the clerk announcing the reopening of the court.

Du Linmu, Zhang Huan, and Li Chengxiu stepped onto the trial stage again.

Knock knock!

The gavel sounded.

A dull voice echoed through the trial.

All parties to the trial at the scene have certain psychological expectations for the next decision.

But at this time, some people are still a little nervous.

Especially He Dongsheng.

In a worried mood, his eyes anxiously stared at Du Mulin in the presiding judge's seat.

Du Linmu sat on the presiding judge's seat, sorted out the materials in his hand briefly, and then slowly spoke:

"Now it is a judgment on the subjectivity of whether He Dongsheng committed insurance fraud against Quanan Insurance."

Whether He Dongsheng is guilty or not, the most critical point is whether it constitutes insurance fraud, and the core of insurance fraud is to obtain illegal fraud.

Subjectivity is the most critical core issue in this case.

Knock knock!

"According to the parties' trial plea and relevant evidence."

"One: Quanan Insurance's inquiries about He Dongsheng and He Dongsheng's mother are inducing and invalid evidence."

"Two: The testimony of colleagues and friendly friends does not meet the standard of evidence corroboration, and there is no strong factual basis to explain it."

"Three: According to the evidence provided, He Dongsheng was disabled when He Dongsheng was working because the machine suddenly started.

During this process, the sudden start of the machine may be due to He Dongsheng's deliberate behavior, or it is also possible that it is due to the malfunction of the machine. ”

"Although the probability of machine failure is small, it is not impossible, so it cannot be determined that He Dongsheng deliberately started the machine, causing himself to be disabled, and used it to illegally defraud the insurance."

"Four: According to the proposal of Quanan Insurance, about He Dongsheng's purchase of a huge amount of insurance and accidental disability in a short period of time after purchasing a huge amount of insurance."

According to He Gongsheng's statements and evidence, He Dongsheng bought insurance because of the enthusiasm of the salesperson, so he bought a huge amount of insurance.

There is no legal causal relationship between the act of purchasing a huge amount of insurance and the occurrence of an accident within a short period of time after the purchase of insurance and the effective date of the insurance. ”

"Based on the above."

"It was determined that He Dongsheng did not defraud Quanan Insurance Company of the insurance money for an illegal purpose, and subjectively manifested it as unintentional."

Knock knock!

"Do the parties disagree with the above determination....?"

This verdict was directly announced, and He Dongsheng did not cheat the insurance.

After He Dongsheng heard this judgment, his nervous mood slowly relaxed.

Although the presiding judge did not say that he was innocent, he could hear that it was judged on the good side.

On the litigation seats of all parties, prosecutor Hu Bing took the lead in speaking:

"Presiding Judge, we have no objection to this decision."

Su Bai: "We have no objection. ”

In the seat of Quanan Insurance, Li Shuangjun and Gu Bin had long expected such a judgment.

There wasn't much surprise on the faces of the two men, just a slight sense of loss.

At the same time, it also started a certain degree of vigilance, because this judgment laid a certain foundation for Su Bai to accuse Quanan Insurance of malicious accusations.

The next trial is the most crucial thing.

After sorting out this relationship, Li Shuangjun nodded slightly: "Presiding judge, we have no objections. ”

Knock knock!

Presiding Judge Du Linmu continued to speak: "All parties have no objection to the judgment that He Dongsheng subjectively did not have the purpose of illegally defrauding the insurance money. ”

"Then the plea continues."

"Now, in response to the request of the litigant, further confirmation."

"Litigation party, your litigation request is to request Quanan Insurance to compensate He Dongsheng for the insurance amount he should have."

"And."

"Accuse Quanan Insurance of maliciously accusing He Dongsheng, demanding that the relevant responsible persons be held accountable and compensate He Dongsheng for mental losses."

"Is the above accurate?"

Su Bai: "Presiding Judge, our above litigation claims are accurate. ”

Knock knock!

"Good!"

"Confirm the claims of the litigants, then, summarize the claims."

"One: Require Quanan Insurance to make due compensation."

"Two: Accuse Quanan Insurance of malicious accusations and pursue responsibility and recovery."

"Now for the first point."

"The litigant asks you to make a statement."

"Okay presiding judge."

Su Bai nodded slightly, and asked Quanan Insurance to make due compensation, which is no problem, because there is a contract.

And the claim is within the bounds of what it should be.

Even Li Shuangjun and Gu Bin, the in-house counsel of Quanan Insurance, have in-depth research on insurance cases, but it is impossible to go beyond the restrictions of the contract.

If the insurance company could have confirmed that He Dongsheng would not have won the case in accordance with the content of the contract.

Then it is impossible to go to court to sue He Dongsheng in the name of insurance fraud.

So there is no problem in asking the insurance company to compensate for this.

If you win the case, you can definitely win the case.

"Presiding judge, according to the evidence of the contract materials provided by our side, it has been indicated."

"First, we are a personal accident and meet the provisions of the contract."

"Second, the time for our personal accident to cause permanent disability is within the time agreed in the contract, which means that we have not exceeded the time limit."

"Third, the compensation we applied for was within the contract materials submitted and did not exceed a reasonable range."

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

After speaking, Su Bai looked at the seat of the party being sued indifferently.

The respondent is in the seat.

Li Shuangjun and Gu Bin didn't pay too much attention to the content related to Su Bai's compensation for He Dongsheng by Quanan Insurance.

Because once this case is decided and He Dongsheng is not guilty, then his claim for compensation insurance is within a reasonable range.

The provisions of the contract are clearly written, and it is impossible for them to say that they do not state in accordance with the contract and the law.

Besides, even if they didn't want to compensate, Su Bai wouldn't give them this opportunity.

The expressions of the two men were flat, and they didn't seem to have any intention of retorting at all.

On the judgment seat, Du Linmu rang the gavel.

Knock knock!

"Does Quanan Insurance Company have anything to say about the statements of the litigation party?"

Li Shuangjun knew that it was useless to refute, so he simply said directly:

"The litigation party's statement is based on the contract, and He Dongsheng's claim is reasonable."

"Since there is nothing wrong with the contract, and the court determines that He Dongsheng's subjectivity is not intentional insurance fraud, then our Quanan Insurance Company will compensate He Dongsheng in accordance with the law."

"Presiding judge, we have no objection to the statement of the litigation party."

Tut-tut....

Listen, listen.

No matter how good the words are in the scene, how many are in place, knowing that the plea in this regard will not be able to get any benefit.

Li Shuangjun changed his strategy in an instant, indicating that he should pay compensation, compensation and compensation, and act in accordance with the contract.

If it weren't for the in-house counsel of Quanan Insurance Company, he would have taken He Dongsheng to court in the name of insurance fraud.

Su Bai really believed this when he heard this.

But now that you know that the lawsuit in this area will not be successful, it seems a bit hypocritical to say this.

But I have to say something.

Li Shuangjun and Gu Bin, as legal counsel, did indeed do a good job, not only fighting for the interests of Quanan Insurance Company in the trial.

And he is also very generous in this regard, even if the live broadcast of the trial is transmitted, maybe some people will change their impression of Quanan Insurance Company because of this passage.

But!

All this was built before He Dongsheng was brought to court.

After He Dongsheng was sued in court, he couldn't win the trial, so he said such things....

How to say it.... Two words: hypocrisy.

On the side, Li Xuezhen whispered:

"This.... Quanan Insurance's legal counsel is really excessive.... While taking people to court, they are talking about compensation...."

"It always feels .... Weird. ”

Su Bai smiled and nodded.

"There's nothing strange about it, I'll know when I see more in the future."

Some lawyers, for the sake of litigation costs and in order to be able to meet certain conditions of litigation, talk about people and talk nonsense.

Such lawyers are not uncommon.

It is indeed strange for a novice like Li Xuezhen, who has not yet become a formal lawyer and has not conducted a lawsuit.

However, after wandering around the court for a long time, I found that there were only a lot more such lawyers.

I have legal knowledge, and the winning rate is not low, but I do some not very good lawsuits.

For example, today's lawsuit.

Li Xuezhen nodded seriously after hearing Su Bai's words.

"Oh."

"Okay lawyer Su.... I know. ”

.

….….

Meanwhile.

After Li Shuangjun finished his statement, on the trial platform, the presiding judge, Du Linmu, nodded slightly and sounded the gavel.

Knock knock!

"Regarding the matter of compensation, Quanan Insurance Company has no objection."

"Then according to the evidence submitted by both parties and the contract signed by the insurance company at the beginning."

"The litigation application of the litigation party did not exceed a reasonable range, and the compensation applied for was within the scope of the contract compensation, and it is hereby determined that Quanan Insurance Company should pay He Dongsheng the amount of insurance compensation due to him."

Knock knock!

"Are there any objections between the parties?"

Su Bai: "No objection. ”

Li Shuangjun: "No objection. ”

Regarding the compensation, Su Bai and Li Shuangjun did not have any big opinions.

But both sides also know that the most critical moment in this trial is coming.

That is, to launch a plea against whether the accusation of Quanan Insurance Company is a malicious accusation.

A malicious accusation is a type of false accusation and false accusation, according to article 243 of the Criminal Code.

Where facts are fabricated to falsely accuse and frame others, with the intent to cause others to be criminally prosecuted, and the circumstances are serious, a sentence of up to three years imprisonment is to be given, and short-term detention or controlled release is to be given, and where serious consequences are caused, a sentence of between three and ten years imprisonment is to be given.

Other than that.

There are two last sentences in article 243.

Where employees of state organs commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

The provisions of the preceding two paragraphs do not apply if the accusation is not intentionally false, but the accusation or misreport is false.

Intentional false accusations and false accusations.

Between the former and the latter, the most important question is whether the false accusation is intentionally false or wrong.

The difference between the two is intentional and unintentional.

What is difficult to define is its subjectivity.

If you say that I am falsely accused, then I say that I am wrongly accused or that my report is false.

Therefore, in order to determine this crime, it is necessary to use other evidence to assist in the determination of the subjectivity of the false accusation of the framer.

But.....

For these, Su Bai had already prepared.

Now everything that should be judged has been decided, and the foundation has been laid.

The rest .... Basically, there are no problems anymore.

Knock knock!

In the presiding judge's seat, Du Linmu looked at the materials in front of him.

Also know.

This is the most crucial point in this trial.

After scanning Su Bai's direction and Li Shuangjun's direction, he struck the gavel again.

"The first point of the lawsuit against Quanan Insurance Company has now been decided."

"Now for the second point."

"The litigant, you are suing Quanan Insurance Company for maliciously accusing He Dongsheng, and I would like to ask you to state the legal regulations or factual basis."

"Okay presiding judge."

Su Bai exhaled a long breath, and then began to speak:

"Presiding judge, I would like to ask the other party, Gu Bin, and Lawyer Gu a few questions first."

Knock knock!

"Application approved!"

"The litigant lawyer can start the questioning."

"Okay presiding judge."

Su Bai set his gaze on Gu Bin's face.

"According to the relevant law involved in malicious accusations, Article 243, false accusation and false accusation."

"Among them."

"The relevant concept refers to fabricating criminal facts, making false cases and denunciations, with the intention of causing others to suffer criminal liability."

"I want to ask Lawyer Gu, what did you think when you deliberately induced He Dongsheng?"

"As a lawyer, what are the subjective factors in your conduct of induced interrogation and the content of the inducement interrogation as the basis for transferring the case to the case?"

"Do you want He Dongsheng to suffer criminal responsibility?"

"If not, why do you want to conduct an inducement inquiry and use the results of this inducement inquiry to transfer and file a case?"

"Don't you know that the crime of insurance fraud can be criminally liable?"

"As an insurance legal officer, I believe you know about the crime of insurance fraud, right?"

"Please answer these questions positively from Lawyer Gu."

Facing Su Bai's series of inquiries, Gu Bin took a deep breath.

If you don't answer these questions, you will definitely not be able to get over.

Because these questions are the core key issues.

At the same time, Gu Bin was also annoyed in his heart, why did he let the presiding judge judge him in the first place.

Otherwise, we would not have fallen into such a passive situation in court now.

However, the fact is a foregone conclusion, and Gu Bin did not continue to think about it.

After a few seconds of silence, he began to answer.

"According to the situation at that time, as well as the experience of our legal department of Quanan Insurance, He Dongsheng did have a huge suspicion of insurance fraud."

"My subjective belief is that He Dongsheng is suspected of insurance fraud, so after completing the answers I want to know, I will transfer him to the case for processing."

"Actually, my subjective intention is not to make He Dongsheng suffer criminal liability for the crime of defrauding insurance."

"Besides, I determined that He Dongsheng was suspected of defrauding insurance based on my own judgment, rather than fabricating facts."

"According to the definition of the crime of false accusation ...."

"I do not have what it takes to be falsely accused."

"Lawyer Su, I'm done answering your question."

After Gu Bin answered Su Bai's question, he breathed a sigh of relief.

After receiving the notice of the court summons, and learning of Su Bai's lawsuit.

Gu Bin had already prepared for the worst.

So the preparations were made in advance.

This time, the answer was the one he had prepared earlier.

And the other side.

Su Bai looked at Gu Bin and smiled.

After breathing a sigh of relief, he slowly spoke and continued the pursuit.

"Lawyer Gu, what I'm asking is, why did you make a leading inquiry.... Please don't leave this crucial point aside. ”

"What is the purpose of your inducing questioning?"

"Since your subjective intention is not to falsely accuse and frame He Dongsheng, then why do you want to engage in the act of inducing inquiry?"

Facing Su Bai's pressing step by step.

Gu Bin glanced at Li Shuangjun, and was even more annoyed in his heart.

Why did the presiding judge not interrupt the verdict when he was judging his induced questioning at the outset?

As a result, Su Bai kept grasping this key point for questioning in the trial.

Moreover.

It's really hard to answer this question....

Headache!

PS: Ask for a monthly pass~

Thank you all for your commuter pass

The author mainly inquires and persuades, but the code word is a bit slow

(End of chapter)