Chapter 146 The Final Plea

The presiding judge made an early judgment on Gu Bin's leading questions about He Dongsheng and He Dongsheng's mother.

Inductive judgment, coupled with this as evidence for filing a case.

It’s hard to explain that its subjectivity isn’t a malicious accusation.

Moreover, as a result of this case, the criminal punishment imposed on He Dongsheng has reached the standard of false accusation and frame-up.

Gu Bin's current state is completely passive.

After taking a deep breath, Gu Bin looked at Su Bai at the litigant's seat, faced the question raised by him, and spoke slowly:

"In response to the question raised by the litigant's lawyer, my positive answer is as follows:"

"First: Why did I ask leading questions?"

"Although the court determined that my questions at the time were misleading, I have already explained that my questions were based on He Dongsheng's serious suspicion of insurance fraud."

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

"Second, there is no necessary legal connection between conducting inductive questioning and the subjective intention of falsely accusing He Dongsheng."

"It cannot be determined through the inductive questioning that my subjective intention is to falsely accuse He Dongsheng."

"The transfer of the case for filing is because my report was untrue, but He Dongsheng does have serious suspicions of insurance fraud, doesn't he?"

"According to the provisions and scope of application of Article 243 of the Criminal Law, malicious accusations require malicious intent with subjective factors. My subjective factor is to conduct fact investigation, not malicious accusations."

"I don't have any doubts."

"Lawyer, I've finished answering your questions."

After Gu Bin finished his statement, he glanced at Su Bai.

Su Bai smiled.

Tsk tsk

How should I put it, Gu Bin understands the concept of transformation.

Gu Bin's answer has certain truth and legal basis, but it cannot be discussed in depth.

first.

In response to Su Bai's question about the purpose of induction, Gu Bin answered simply and straightforwardly, without any questions.

However, the answer to the question of why the inductive inquiry was conducted when the subjective intention was not to make false accusations seemed a bit far-fetched.

As a legal officer of an insurance company, I know the insurance laws well.

Under normal circumstances, an insurance company's legal staff can make a basic judgment after having a conversation about whether the insurance purchaser has committed insurance fraud.

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

You must know that inducing behavior, filing a case, and submitting evidence to the prosecutor are connected together, not separate.

besides.

The explanation given by Gu Bin was that it was not a malicious accusation, but an untrue accusation.

There is a big difference between false accusations and false accusations.

False reporting refers to the fact that the whistleblower does not understand certain situations, or does not understand them accurately enough, and then makes a so-called report to the reporting department that is not consistent with the reality.

There is a lot of controversy just on this point.

You have already engaged in induced sexual behavior, do you think you still don’t understand the facts?

Certainly not.

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

"Excuse me, Lawyer Gu..."

"You just mentioned that the report was false. In this case, it shows whether your subjective intention towards He Dongsheng is a fraud. Isn't it clear?"

"right!"

"Then let me ask Lawyer Gu, you said that you don't know whether He Dongsheng's subjective intention is to commit insurance fraud, so why do you use leading questions to ask He Dongsheng? And then use leading questions to get the answer and file the case? "

"Can't you ask fairly and objectively?"

"The explanation you gave is that He Dongsheng does have serious suspicions, but having serious suspicions does not mean that there is indeed a fact of insurance fraud."

"You also said that there is no legal causation in making inducing inquiries and making false accusations.

From a subjective point of view, if you had no intention of making false accusations and frame-ups, why would you conduct a leading inquiry to open a case and submit illegal evidence? "

to be honest.

The main content of this plea is a subjective and malicious accusation.

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

This subjective judgment is a difficult point.

The key point of the plea is also here, so the two parties to the lawsuit, Su Bai and Gu Bin, are going back and forth on this matter.

Because both people know very well in their hearts, this subjective judgment is made.

Then this case ends here.

Regarding this point, both sides feel like they are in the clear mirror.

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

This Su Bai.

You should seize this point and hold on to it, right?

Each time he asked a question, he advanced a little bit, and now, he directly grasped the loopholes in his words and attacked them, right?

Difficult to do

It's really difficult.

In this case, as long as you lag a little behind in the judgment, the gap behind will become wider and wider.

Just like the current situation, as long as Su Bai keeps using illegal evidence to file a case, the other party will have a solid upper hand.

After taking another deep breath, Gu Bin slowly spoke:

"I'll review it again: Quan'an Insurance Company doubted He Dongsheng based on experience.

He Dongsheng's actions are indeed highly suspicious. Regarding this, I believe that all the court personnel present, including the judge, have no doubts. "

"I made the leading inquiry based on this point, and there is no subjective behavior of malicious accusation."

In fact, Gu Bin also knew in his heart that what the other party had seized was inductive questioning, case submission, and illegal evidence. These three points were connected together to constitute a malicious accusation.

But he cannot answer through this aspect, because if he answers through this aspect, he cannot explain the subjectivity well.

Therefore, we can only get away from this topic by answering the leading questions and leaving aside the next two points.

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

Just when he was about to continue the pursuit.

Gu Bin was one step ahead of him.

After finishing his statement, Gu Bin knew in his heart that if he continued to ask and answer questions, Su Bai would easily catch a loophole, so he raised his hand directly:

"Presiding Judge, I apply to suspend the litigant's questioning of me."

"Reason for application."

"I have already answered the questions that need to be answered."

At the presiding judge's seat, Du Linmu nodded slightly after listening to the arguments from both sides.

The current trial situation has basically been determined, but it is obvious that Gu Bin has certain problems based on the previous judgment.

Regarding this, Du Linmu has already made a decision in his heart.

Boom, boom, boom!

The gavel struck.

The dull voice echoed in the court hearing.

Du Linmu spoke slowly: "The application is approved, and the litigant will no longer question the party being sued."

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

"First: Can Gu Bin's behavior be considered 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 based on 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 party being sued.

Ask.

"I would like to ask Gu Bin, legal counsel of Quan'an Insurance Company, the party being sued, do you know that inducing evidence is illegal evidence?"

"Know."

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

It can be said that the questions raised by Su Bai before were not that aggressive.

But the question raised by the presiding judge Du Linmu was very aggressive.

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

After Du Linmu asked this question, he saw Gu Bin's silence.

Boom!

Ring the hammer.

The inquiry continued: "According to the litigant's accusation against Quan'an Insurance, since Quan'an Insurance's subjectivity is not a malicious accusation, why did Quan'an Insurance file the case with inducing facts and hand it over to the prosecutor?"

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

After Gu Bin was silent for a few seconds, he slowly spoke: "Presiding judge, what I want to say is that Security Insurance did not make a malicious accusation, but made an accusation based on its own suspicion."

"Then how do you explain filing a case based on inducing facts?"

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

Although... Su Bai had been asking these questions before, which were similar to those asked by Du Linmu.

But after all... Su Bai is a litigation lawyer, and he can be careless about certain issues.

But Du Linmu is different. Du Linmu is the presiding judge. If a problem is not solved well, it can affect his subjective judgment on the case.

But let Gu Bin answer this question...

hiss.…

Gu Bin really didn’t know how to answer...

So Gu Bin looked at Li Shuangjun, who took a breath and shook his head.

Gu Bin had no choice but to say: "President, although Quan'an Insurance Company transferred the case against He Dongsheng with inducement, it does not mean that there was a subjective malicious accusation. There is no necessary connection between inducement and malicious accusation." Causal connection.”

"Then do you have evidence? Can you submit relevant evidence?"

Gu Bin: .......

"No."

Boom!

"Does the litigant have any other factual basis or evidence for judgment that needs to be submitted?"

"Yes, Judge."

Su Bai breathed a sigh of relief, knowing that the most critical decision was coming.

"Presiding Judge, we have a recording here that the Security Insurance Company asked us to privately unpack for 800,000 yuan."

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

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

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

"I would like to ask the agent of Quan'an Insurance, why do you want to offer 800,000 yuan to compensate us? Do you want us to withdraw the lawsuit?"

"Is the compensation just because you think this lawsuit will affect the reputation of safety insurance?"

"But if it's just because this lawsuit will affect the reputation of safety and insurance, then why was there an illegal prosecution and illegal filing of the case in the first place?"

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

For subjective judgments, some supporting evidence is often needed to prove the subjectivity.

On the bench of the presiding judge, the presiding judge banged his gavel.

"As for the evidence submitted by the litigant, I now ask Quan'an Insurance Company, the litigated party, to explain it."

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

Isn't this the content of the conversation when he went to He Dongsheng's house?

Why is there a recording?

Could it be that He Dongsheng was too cautious at that time?

Li Shuangjun believed that this possibility was unlikely. The most likely possibility was that it was all arranged by Su Bai.

After thinking about this, Li Shuangjun looked at the litigant's seat. After being silent for a few seconds, he slowly spoke.

"The chief judge... We proposed 800,000 yuan in compensation because we really want to avoid negative reputational impact on our company."

"There's no other reason."

.

….

Tsk tsk.…

Do you think this reason is valid?

However, Su Bai did not say these words. The most critical point of this evidence is that it affects the subjectivity of the presiding judge.

It can be used as auxiliary evidence to further substantiate the malicious accusations made by Quan'an Insurance Company.

No matter how the other party pleads, it is undeniable that they demand 800,000 yuan in compensation and withdraw the lawsuit.

On the bench of the presiding judge.

Boom!

The sound of the gavel falling sounded.

"The court will be adjourned for the second time now. The trial will begin in an hour and a half. Both parties will complete their court statements and announce the verdict!"

The words fell.

The three judges left.

In the court of justice.

Li Xuezhen rubbed her eyes and muttered silently: "I wonder if I can add a little more achievement points..."

Li Shuangjun and Gu Bin were in the seats fully insured by the lawsuit.

They are all worried.

They were unsure about the defense in this court trial.

Everyone knew that they were at a disadvantage, but they just didn't know how the collegial panel would rule.

call.….

Gu Bin took a long breath and said, "This judgment should not rule us as malicious accusations, right?"

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

"I don't know...it depends on the subjective tendency of the presiding judge..."

"After all, this time we are in a weak position in the trial."

"Um!"

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

"If we are judged to be maliciously accusing...then..."

Before Gu Bin finished speaking, Li Shuangjun waved his hand and interrupted him.

"Okay... don't say such unlucky words."

"Although the trial plea is not good for our situation, it does not crucify us. The specific verdict depends on the presiding judge."

"It's not what we think about... there is no need to think about the bad side."

"Oh, I see."

Gu Bin nodded, but there was still a lot of worry between his brows.

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