The presiding judge made a judgment on Gu Bin's inducing questioning, He Dongsheng and He Dongsheng's mother early.

Inducing judgment, coupled with this as evidence for the filing of a case.

It is difficult to explain that the subjectivity is not a malicious accusation.

Moreover, this case has caused the criminal punishment of He Dongsheng to meet the standard of false accusation and frame-up.

Gu Bin's current state is completely in a passive situation.

After taking a deep breath, Gu Bin looked at Su Bai in the courtier's seat, and slowly spoke in the face of the question he raised:

In response to the questions raised by the litigants' lawyers, my positive response is as follows: "

"First: why did I ask a leading question?"

"Although the court ruled that my question at that time was inducing, I have already explained that my question was based on He Dongsheng's serious suspicion of insurance fraud."

"The purpose of my inquiry, of course, is to further confirm whether He Dongsheng is really defrauding the insurance."

"Second, there is no necessary legal connection between the inducing inquiry and the subjective intention to falsely accuse He Dongsheng."

"It can't be judged by inducing this point that my subjective intention is to falsely accuse and frame He Dongsheng."

"The transfer of the case is that my report is untrue, but He Dongsheng is indeed suspected of major insurance fraud, isn't he?"

"According to the provisions of Article 243 of the Criminal Law and the scope of application, a malicious accusation requires malicious intent with a subjective element, and my subjective factor is to conduct an investigation of the facts, not a malicious accusation."

"There's nothing wrong with my suspicions."

"Lawyer for the litigant, I've answered your question."

After Gu Bin finished speaking, he glanced at Su Bai.

Su Bai smiled.

Gee

How to say it, Gu Bin understands the concept of transformation.

Gu Bin's answer has a certain reason and legal basis, but it cannot be in-depth scrutiny.

First of all.

In response to Su Bai's question about the inducing purpose, Gu Bin answered very simply and straightforwardly, and there were no questions.

However, the answer as to why the subjective intent is not to make false accusations and why the inducement inquiry is made seems a bit far-fetched.

As an in-house counsel for an insurance company, I am well versed in insurance laws.

Whether the purchaser has cheated on the insurance or not, under normal circumstances, the legal staff of an insurance company can make a basic judgment after chatting.

You said that your inducement was not for malicious accusations, so why did you file a case later?

You must know that the inducement and the filing of the case, as well as the submission of evidence to the prosecution, these three parties are connected, not separated.

And also.

The explanation given by Gu Bin is that it is not a malicious accusation, but a false report.

There is a big difference between a false report and a false accusation.

False reporting refers to the fact that the whistleblower does not know about certain situations, or does not know enough about them, and then makes a so-called report to the reporting department that does not conform to reality.

There's a lot of controversy about this alone.

You've all engaged in inducing sex, don't you know the facts?

Definitely not.

According to Gu Bin's statement, Su Bai slowly spoke:

"Ask Mr. Gu....."

"You just mentioned the fact that the report is untrue, and in the case of this point, it shows whether your subjective will to He Dongsheng is a fraud insurance, is it not clear?"

"Yes!"

"Then let me ask Lawyer Gu, you said that you are not clear about He Dongsheng's subjective will to cheat insurance, so why do you use inducing questions to ask He Dongsheng? And then through the inductive questions to get the answer, to file a case? ”

"Can't you ask questions impartially and objectively?"

"The explanation you gave is that He Dongsheng is indeed a major suspect, but having a major suspicion does not mean that there is indeed a fact of insurance fraud."

"You also said that there is no legal causal relationship between inducing inquiries and false accusations.

In terms of subjectivity, if you don't have the idea of false accusation and frame-up, why would you conduct a leading inquiry to file a case and submit illegal evidence? ”

Plainly.

The content of this plea is mainly a subjective malicious accusation.

The focus of the subjective malicious accusation lies in Gu Bin's inducement and subjective judgment of He Dongsheng at that time.

This subjective determination is a difficult point.

And the key point of the plea is also here, so the two sides of the lawsuit, that is, Su Bai and Gu Bin, will pull back and forth on this matter.

Because both of them are very clear in their hearts, this subjectivity is judged.

Then this is the end of the case.

On this point, the hearts of both sides are mirror-like.

Facing Su Bai's pressing step by step again, Gu Bin took a deep breath, his head buzzing.

This Su Bai.

Hold on to this and bite it, right?

Every time the question is asked, it advances a little bit, and now, it directly grasps the loophole in his words and attacks, right?

It's hard

It's really hard to do.

In this case, as long as there is a little behind in the decision, then the gap behind will be wider and wider.

Just like the current situation, as long as Su Bai has been using illegal evidence to file a case, then the other party has the upper hand.

After taking another deep breath, Gu Bin slowly spoke:

"I re-examine it again: Quanan Insurance Company is suspicious of He Dongsheng based on experience.

He Dongsheng's approach is indeed highly suspicious, and I believe that all the trial personnel present, including the judges, have no doubts about this. ”

"I made a leading inquiry based on this, and there was no subjective act of malicious accusation."

In fact, Gu Bin also knew in his heart that the other party was grasping the inducing inquiry, case filing, and illegal evidence, and these three points were connected together, constituting a malicious accusation.

But he can't answer through this aspect, because if he answers through this aspect, he can't explain subjectivity.

Therefore, it is only through the answer to the inducing question that the latter two points can be disconnected from this topic.

Su Bai also knew that the other party was obviously avoiding the important and trivial.

Just as he was about to continue the pursuit.

Gu Bin was one step ahead of him.

After finishing the statement, Gu Bin understood in his heart that if he continued to ask and answer, it would be easy for Su Bai to catch the loophole, so he directly raised his hand to signal:

"Presiding Judge, I am applying for a stay of the questions asked to me by the litigants."

"Reason for application."

"I've answered the questions that should be answered."

In the presiding judge's seat, Du Linmu nodded slightly after listening to the pleas of both sides.

The current trial situation has basically been determined, but obviously, according to the previous judgment, Gu Bin has certain problems.

For this, Du Linmu already had a judgment in his heart.

Knock knock!

The gavel sounded.

A dull voice echoed through the courtroom.

Du Linmu said slowly: "The application is approved, and the litigation party will no longer ask questions about the litigation party." ”

"In response to the plea of the litigant and the litigant, the collegial panel made the following summary."

"First: Gu Bin's behavior can be regarded as a false accusation."

"Second: What is Gu Bin's subjective behavior?"

Behavior and subjective behavior are divided into two parts, the first is to look at this issue with rational facts, and the second is to analyze what Gu Bin's subjectivity is.

After stating these two issues, Du Linmu looked at the seat of the respondent.

Ask.

"May I ask Gu Bin, the legal counsel of Quanan Insurance Company, the defendant of the lawsuit, do you know that the inducing evidence is illegal evidence?"

"Yes."

"Then why did you file a case with inducing facts and use them as evidence?"

The question raised by Su Bai earlier can be said to be less aggressive.

However, the question raised by the presiding judge Du Linmu can be described as very aggressive.

Gu Bin didn't know how to answer for a while.

After Du Linmu finished asking this question, after seeing Gu Bin silent.

Knock knock!

Hammer the hammer.

Continued questioning: "According to the litigation party's accusation against Quanan Insurance, since Quanan Insurance's subjectivity is not a malicious accusation, why did Quanan Insurance file a case with inducing facts and transfer it to the prosecution?" ”

"As the main person in charge of this case, do you have anything to say?"

Gu Bin was silent for a few seconds, and then slowly spoke: "Presiding Judge, what I want to say is that Quanan Insurance did not make a malicious accusation, but made an accusation based on its own suspicions. ”

"Then how do you explain the filing of a case with inducing facts?"

Gu Bin was directly silenced by Du Linmu's question.

Although it is said .... Su Bai had been asking these questions before, similar to what Du Linmu had asked.

But after all.... Su Bai is a litigator, and he can be sloppy on some issues.

But Du Linmu is different, Du Linmu is the presiding judge, and if a problem is not solved well, it can affect his judgment of the subjectivity of the case.

But let Gu Bin answer this question....

Hiss....

Gu Bin really doesn't know how to answer....

So Gu Bin looked at Li Shuangjun, who exhaled lightly and shook his head.

Gu Bin could only reluctantly speak: "Presiding Judge, although Quanan Insurance Company transferred He Dongsheng to file a case with inducement, it does not mean that there is a malicious accusation in subjectivity, and there is no inevitable causal connection between inducement and malicious accusation. ”

"Do you have proof? Can you submit relevant evidence? ”

Gu Bin: ........

"Nope."

Knock knock!

"Does the litigant have any factual basis or evidence for the judgment that the litigation party needs to submit?"

"Yes, Presiding Judge."

Su Bai exhaled lightly, knowing that the most critical decision was coming.

"Presiding judge, we have a recording of Quanan Insurance Company privately settling with us for 800,000 yuan."

After Su Bai finished speaking, he handed the recording to the staff on the side, and the staff handed it to the presiding judge.

After listening to the recording, the presiding judge frowned slightly, and handed over the seat to the party being prosecuted through the staff.

Su Bai continued to speak: "In the recorded conversation, Quan'an Insurance Company clearly wants to offer 800,000 yuan to compensate us. ”

"I would like to ask the agent of Quanan Insurance, why did you offer 800,000 yuan to compensate us? Do you want us to drop the lawsuit? ”

"Is the compensation just because I think this lawsuit will affect the reputation of the company?"

"But if it's just because this lawsuit will affect the reputation of Quanan Insurance, then why did you make illegal accusations and file cases in the first place?"

Su Bai submitted this recording, which cannot be regarded as direct evidence, but it can be regarded as supporting evidence.

For the judgment of subjectivity, some supporting evidence is often needed to prove the subjectivity.

On the presiding judge's seat, the presiding judge rang the gavel.

"For the evidence submitted by the litigant, I now ask the litigated party, Quanan Insurance Company, to explain."

Li Shuangjun was stunned for a moment after hearing the content of the conversation in the recording.

Isn't this what he said when he went to He Dongsheng's house?

How can there be a recording?

Could it be that He Dongsheng had a long heart at that time?

Li Shuangjun thinks that this is unlikely, and the biggest possibility is that this is all arranged by Su Bai.

After thinking about this, Li Shuangjun looked at the seat of the litigation party and was silent for a few seconds before slowly speaking.

"The presiding judge .... We proposed 800,000 yuan in compensation, which is indeed to avoid a negative reputational impact on our company. ”

"There is no other reason."

.

….

Gee....

Do you think this argument is valid?

However, Su Bai did not say these words, and the most critical point of this evidence is to affect the subjectivity of the presiding judge.

It can be used as supporting evidence to further substantiate the malicious accusation of Quanan Insurance Company.

No matter how the other party argues, it is undeniable that 800,000 yuan will be compensated and the lawsuit will be withdrawn.

Presiding judge on the trial bench.

Knock knock!

The sound of the gavel falling.

"Now there will be a second adjournment, and the court will be held in an hour and a half, and both sides of the court will complete their court statements and announce the verdict!"

The voice fell.

Three judges departed.

Inside the courtroom.

Li Xuezhen rubbed her eyes and said silently: "I don't know if I can add a little bit of achievement points..."

The two people on the seat of Li Shuangjun and Gu Bin were fully insured by the litigation party.

They were all worried.

For this trial plea, they have no bottom in their hearts.

They all know that they have the upper hand, but they just don't know how the collegial panel will decide.

Call.....

Gu Bin exhaled a long breath: "This judgment, shouldn't it be judged that we are maliciously accused?" ”

Li Shuangjun was silent for a few seconds and rubbed his temples.

"I don't know.... It depends on the subjective inclination of the presiding judge...."

"After all, this time we're in trial.... Being at a disadvantage. ”

"Hmm!"

Gu Bin nodded, a trace of worry appeared on his face.

"In the unlikely event that we are judged to have made a malicious accusation.... So...."

Before Gu Bin's words were finished, Li Shuangjun waved his hand and interrupted him.

"Okay.... Don't say such unfortunate things. ”

"Although the trial plea is not good for our situation, it did not nail us to death, and the specific verdict still depends on the presiding judge."

"We don't think about it.... There's no need to think about the bad. ”

"yes, got it."

Gu Bin nodded, and there was still a lot of worry between his eyebrows.

PS: Ask for a monthly pass~

(End of chapter)