Chapter 146: Xiao Li: The sentence is over, and the two of them are arrested at once
Discussion room of the collegial panel.
Du Linmu sat on the sofa and looked at Zhang Huan and Li Chengxiu with a smile.
Although he already had a rough judgment on the case in his heart, he still needed to listen to the opinions of the other two judges.
"Tell me about ....."
"Previously, we have talked about the litigation application of the lawsuit filed by the litigant against Quanan Insurance for malicious accusations.....
"The idea is to wait until the two sides have finished their arguments on this point and then discuss it.
Now that both sides are almost done, you two can share your thoughts. ”
Du Linmu took a sip of water, and his eyes swept over Zhang Huan and Li Chengxiu.
Zhang Huan picked up the mineral water on the table, unscrewed the lid, took a sip, and did not speak.
At this time, Li Chengxiu spread his hands: "What else is there to consider.....
"During the course of the plea between the two parties, the legal agent of Quanan Insurance Company has been talking about other things in response to the questions of the litigation party."
"What if he's doing an interview.....?"
"Rip it off, it's over....?"
"This is a trial, and it's not about doing anything else, it's just a matter of messing around, and it's just going to pass, and what the judgment of the law needs is basis."
"In this trial, let's take the simplest one.
The litigants asked:
Gu Bin deliberately induced and used this as the standard for filing a case to submit evidence.
What about Gu Bin's explanation?
We have been talking about subjective induction, but in fact, the two conditions of subjective inducement and filing a case go hand in hand.
As a legal officer of Quanan Insurance Company, doesn't Gu Bin understand this?
He understands, he understands this, and he also knows psychologically that Quanan Insurance Company is a malicious accusation.
Therefore, I did not dare to answer, and the content of the answer was completely different from the content of the litigation party's question. ”
"And, one more thing."
"In the first instance, Quanan Insurance, as the injured party, attended the public prosecution verdict and accused He Dongsheng of defrauding insurance."
"Knowing that he was illegal evidence, he also attended the trial to accuse He Dongsheng of defrauding bail."
"Is this an inappropriate malicious accusation.....?"
"This trial is not simply about malicious accusations, but also about illegal evidence."
"The use of inducing evidence and, where known, as evidence in a trial, also involves perjury."
"But when it comes to perjury, it needs to be said outside of this trial....."
Zhang Huan nodded slightly: "I agree with Li Chengxiu's point of view." ”
"Quanan Insurance is really not ....."
Hearing Zhang Huan's later words, Du Linmu smiled:
"Hehe.... Lao Zhang, you are very resentful of this. ”
"I remember you told us before, the one in the family who bought insurance before, should this insurance be Quanan insurance.....?"
Zhang Huan glanced at Du Linmu and did not speak.
Du Linmu smiled and nodded, he remembered that when Zhang Huan's family was deceived by insurance before, he was very angry, and when he talked about these things among colleagues, he almost scolded.
I didn't expect the insurance I bought to be the full safety insurance I encountered today.
However, Zhang Huan was also able to calm down, he was so angry with Quanan Insurance at the beginning, and he did not show half of his dissatisfaction in the trial today.
Du Linmu listened to Zhang Huan and Li Chengxiu's views.
I have a more accurate view of this case.
This case, how to say it
The main point is:
This time, Quanan Insurance is indeed a malicious accusation, and there is no basis for refutation.
As for how to judge.... It's obvious ....
.
….….
Soon.
It was time for the court to reconvene.
As the clerk reconvened, the three members of the collegial panel stepped into the courtroom seats.
Knock knock!
Du Linmu rang the gavel: "The adjournment is over, and now the parties will make court statements, and after the statements are completed, the verdict will be made,"
"Now for the prosecution to make a statement."
Hu Bing: ........
Is there anything else I have to do with this lawsuit?
You have already judged that He Dongsheng's subjectivity was not deliberately defrauded by insurance, then he must be innocent.
What else can I present as the prosecution....?
I can't say anything!
Hu Bing: "The prosecution will no longer make court statements. ”
Knock knock!
"The prosecution does not make a court statement, and now I ask the agent ad litem of Quanan Insurance Company to make a court statement."
Li Shuangjun took a deep breath.
The courtroom statement is the last part of this trial....
Whether it's for him or for Quanan Insurance Company.
The most important thing is not whether He Dongsheng has cheated insurance or not, and whether Quanan Insurance Company should compensate He Dongsheng.
It is the most important point whether the court ruled that Quanan Insurance Company maliciously accused He Dongsheng.
If this point is determined, it will not only be a huge blow to Quanan Insurance Company.
Moreover, he and Gu Bin served as agents ad litem and main accusers in the first instance.
At that time, it will not be able to escape the involvement, and it will be subject to scrutiny and supervision.
Therefore, in terms of court statements, Li Shuangjun needs to make statements from this aspect.
It must not be possible for the court to rule that Quanan Insurance Co., Ltd. maliciously accused He Dongsheng.
Sorting out his thoughts, Li Shuangjun spoke: "Okay, presiding judge." ”
"Presiding Judge, our court statement is as follows:"
"In response to He Dongsheng's misjudgment, we say that this is a pity, which is caused by our mistakes, and I apologize to He Dongsheng here."
As he said these words, Li Shuangjun bent down to the party's seat to express his apology.
He stood up and continued to speak.
"We admit that He Dongsheng's misjudgment was caused by our mistakes, but ....."
"We accused He Dongsheng of defrauding the insurance because we wrongly intended to protect our legal interests at that time."
"Rather than making malicious accusations."
"If we could have learned at that time that He Dongsheng did not have the subjective intention to cheat the insurance, then we would definitely not have made a complaint."
"We hope that the presiding judge will consider this point and give us a fair and just trial."
"Presiding Judge, we've finished our statement."
In the face of Li Shuangjun's statement.
Su Bai: ???
What do you mean? What does it mean to give you a fair and just trial?
The judgment of your malicious accusation is a fair and just trial for you!
Malicious accusations against others cause criminal liability, and now it is pitiful to say.
Why didn't you compensate when you knew you should pay compensation?
What else do you say, if you know that He Dongsheng did not cheat on the insurance, he will definitely not accuse.
What nonsense are you talking about?
You have used induced confessions as evidence to file a case and file a public prosecution.
You are telling me now that I don't know if He Dongsheng's subjective will is whether he has cheated on insurance?
Tut-tut.....
The logical closed loop before and after this is simply amazing.
Whatever you said, didn't you?
Hiss.....
Regarding Li Shuangjun's court statement, Su Bai pulled the corners of his mouth and did not speak.
.
….….
On the presiding judge's seat, Du Linmu frowned slightly, and glanced at the litigation seat of the whole insurance party.
Say a word: Don't listen to what you say.
Then he turned his gaze to Su Bai.
"Now please ask the procedural law to make a court case."
"Okay presiding judge."
"Presiding Judge, our statement is as follows:"
"We believe that there are many aspects involved in this trial."
"These include the injustice suffered by the party He Dongsheng, as well as the malicious accusations led by the legal counsel of Quanan Insurance."
"This trial, if it weren't for the tendentious guidance and subjective malicious accusation of Quanan Insurance's legal counsel."
"There wouldn't be today's trial."
"The reason for all this lies in the malicious accusation of He Dongsheng by the legal counsel of Quanan Insurance and the illegal evidence deliberately guided."
"That's the reason for this trial."
"We have only one demand for this trial, that is, to give our party He Dongsheng a reasonable and well-founded legal judgment."
"The presiding judge, our court statement has been completed."
Su Bai's statement was very simple, and only indicated a subjective meaning.
That is, the main responsibility for this trial lies with the whole security insurance side.
If Quanan Insurance had not been illegally prosecuted, then there would not have been the scene of He Dongsheng being sentenced.
After finishing his statement, Su Bai looked up slightly at the seat on the trial table.
Knock knock!
Du Linmu rings the gavel.
"The parties have concluded their court presentations."
"Now we are ready to announce the verdict."
Boom!
The sound of the gavel falling echoed through the courtroom.
Clerk: "All stand and ask the presiding judge to announce the verdict!" ”
Boom.
At the scene of the trial, everyone stood up and looked at the presiding judge's seat.
Presiding Judge Du Linmu looked at the verdict, raised his head slightly, and his eyes circled the trial scene.
Speak slowly:
"The cause of action in this case.
The litigant believes that the first-instance judgment of the party, He Dongsheng, was maliciously accused by Quanan Insurance Company and maliciously guided the application for filing the case.
It is requested that the first-instance judgment be revoked and that the legal counsel of Quanan Insurance Company be held accountable for the malicious accusation.
Quanan Insurance Company was required to compensate the party He Dongsheng for the insurance compensation and the corresponding mental losses. ”
"This court has jurisdiction over the case and all applicable laws are in accordance with domestic law."
"Now let's start announcing the verdict of the trial."
"After the collegial panel studied and determined, the litigation claims made against the litigation party."
"1: In the first-instance judgment, the evidence applied contained illegal evidence, which seriously affected the fairness of the judgment, and the judgment was seriously inconsistent with the facts."
"The verdict is to revoke the criminal punishment of He Dongsheng in the first instance and change the verdict to not guilty."
"2: The insurance purchased by He Dongsheng was based on the personal accident insurance contract provided by Quanan Insurance Company.
According to the content of the contract, He Dongsheng had a serious accident at work, resulting in permanent disability, which was in line with the signed insurance contract.
In this regard, the litigation party demanded that Quanan Insurance Company's claim for compensation for He Dongsheng be reasonable, and ordered Quanan Insurance Company to compensate He Dongsheng 958,674.52 yuan. ”
"Three: Whether Quanan Insurance's accusation against He Dongsheng is a malicious accusation."
"The collegial panel has done a complete job of sorting this out."
"(1): The evidence provided by Quanan Insurance Company is illegal evidence, although it is not forged, but it is based on inducement, and it is also fictitious evidence."
(2): Quanan Insurance Company chose to file a complaint even though it knew that the evidence they provided was illegal evidence, and there was malicious behavior in its own will.
Based on the above two points, the accusation against He Dongsheng by Quanan Insurance Company is a malicious accusation! And hold those involved accountable! ”
"Four: In view of the fact that Quanan Insurance Company's malicious accusation against He Dongsheng caused great damage to He Dongsheng's mind and demanded compensation, it was decided that Quanan Insurance Company should compensate He Dongsheng for mental losses of 10,200.23 yuan."
"Five: In accordance with relevant laws and regulations, Quanan Insurance Company is sentenced to pay all litigation costs and attorney fees for He Dongsheng."
"All the claims made by the party being litigated are rejected!"
"In view of the crime of false accusation and false accusation involved in this case, as well as the use of illegal evidence, which constitutes perjury, this court will file a public prosecution with the relevant departments and go through the waiting procedure."
"According to the provisions of China's procedural law, if the party subject to the lawsuit believes that there are any problems or doubts in the ruling and judgment of the trial, it may file a supervision review with the relevant unit, or file a request for a retrial."
"The verdict of the trial has been announced."
"The judgment will be sent to the parties within 10 days of the closing of the hearing."
Boom!
The gavel fell, and the voice directly hit the hearts of Li Shuangjun and Gu Bin.
The two of them originally expected that this lawsuit might determine that Quanan Insurance was maliciously accused.
But when the real verdict came, both of them were slightly stunned.
Sentenced....?
Really sentenced?!
Moreover, not only the verdict, but also the responsibility of the relevant responsible persons for false accusations and perjury, and later a public prosecution needs to be initiated.
This.....
For the latter two points, neither of them has any expectations.
The faces of the two were ugly.
At the same time, I realized ....
This time, the lawsuit not only lost the trial, but also caused far greater consequences and troubles than they imagined.
Li Shuangjun rubbed his eyebrows, and before he could speak, the bailiff on the side came to Li Shuangjun and Gu Bin.
"The two lawyers will go through the prosecution process in the future.... Please also cooperate with our work and accept the review investigation. ”
Li Shuangjun: ???
Gu Bin: ?!?
Finished.....
Don't give a chance to belong to is....
.
….….
Meanwhile.
The other party to the trial.
After the prosecutor Hu Bing saw the scene at the scene, he sighed.
Without saying anything, he left the trial.
He Dongsheng first thanked the presiding judge.
"Thank you, Judge...."
Du Linmu smiled and said, "No thanks, this is just a normal court verdict." ”
After speaking, he left the trial scene with two other judges.
Followed by.
He Dongsheng came to Su Bai again and stretched out the thumb of his intact hand.
"Thank you, Lawyer Su...."
Su Bai smiled and nodded: "This is what I should do as a entrusted lawyer." ”
"Alright...."
"At present, the trial stage is over, but the follow-up of the case is not over."
"Let's go back first."
"Lawyer Li, you pack up your materials and get ready to leave."
"Oh."
"Okay Lawyer Su."
Li Xuezhen nodded excitedly with a small face, grabbed the two at once, and looked forward to the follow-up....
PS: Ask for a monthly pass~
(End of chapter)