Chapter 142 Do you still want to argue a few more words? Just argue!(1/2)
Du Linmu banged the gavel and after reminding Li Shuangjun, his eyes swept over the court hearing.
As the chief judge, he has tried no less than a hundred cases, large and small.
In these hundreds of trials, I have seen many trial lawyers trying to use small rules to cause the other party's lawyer to be unable to express key arguments in the trial.
He personally dislikes this situation very much.
At trial.
If you can state the legal basis, state the legal basis, and if you can produce favorable evidence, produce favorable evidence.
Use reasonable, legal and compliant means that can be used.
Regarding the above, I absolutely do not take sides.
But doing such a small trick.
In Du Linmu's eyes, there are only two words, no.
Although other presiding judges may not do this, this was what he requested when he was the presiding judge.
Such behavior is not allowed in the court proceedings he presides over.
Boom!
After Du Linmu briefly summarized Su Bai's previous statement and extracted the key issues, he looked at Su Bai at the litigant's seat and spoke slowly.
"Now the litigants are invited to continue making their statements."
"Good judge."
After grasping the character of the presiding judge, Su Bai took a long breath and continued his statement:
"The determination that our party committed insurance fraud was based on the above three points, and the prosecutor also agreed with this."
"Here, I would like to ask the prosecutor, if both He Dongsheng's mother and He Dongsheng were asked misleading questions by Quan'an Insurance and thus determined that they had the subjective intention to defraud insurance, then is this evidence enough?
It’s no longer substantive evidence…?”
Hu Bing: "Yes, according to Article 52 of the Criminal Procedure Law, it is not substantive evidence."
"Presiding judge, I would like to ask lawyer Gu Bin, who is at the defendant's seat, a few questions."
"It is significantly related to this case."
Boom!
"Application approved."
"Litigants can ask questions, but remember to follow the order of the trial and are not allowed to ask questions that are irrelevant to the case or have tendentious questions. Otherwise, the trial has the right to terminate your questions."
"Good judge."
Su Bai looked at Gu Bin who was sitting at the defendant's seat.
Gu Bin knew what Su Bai wanted to say, so he looked directly at Su Bai.
Su Bai looked at Gu Bin's face and spoke slowly:
"Lawyer Gu, I would like to ask if you had any private contact with He Dongsheng's mother and He Dongsheng...?"
"Yes."
Gu Bin nodded and answered simply and neatly, without answering a single word.
Su Bai continued to ask:
"Then what is your purpose in contacting and asking about He Dongsheng's mother...?"
"The purpose...? The purpose is to fulfill the responsibilities of our legal department."
"Our legal department has the responsibility and obligation to contact the policyholders, beneficiaries and insured persons who purchase our safety insurance."
"At the same time, I would also like to ask the litigant's lawyer, do these two questions of the litigant's lawyer have anything to do with this case?"
Mainly anti-customer.
Gu Bin asked Su Bai directly.
Su Bai smiled and nodded: "Of course it does matter. The first people contacted by the insurance should be the policy holder and the insured. There are many types of beneficiaries, so they should be the last to inquire."
"But it is somewhat unreasonable for Attorney Gu to directly ask the beneficiaries."
"At the same time, I would also like to ask, what did Attorney Gu ask about He Dongsheng's mother?"
Gu Bin smiled, he understood what Su Bai meant.
Su Bai's idea is most likely that he wants to confirm that his inquiry is indeed inductive to a certain extent through the current inquiry.
And this is not the most important thing. The most important thing is that Su Bai is now laying the groundwork.
What is the foreshadowing?
Foreshadowing the lawsuit application, Quan'an Insurance Company made a malicious accusation against He Dongsheng.
That’s why I keep asking him these questions.
I want to find loopholes in his words to attack.
After all...Su Bai didn't have to ask him questions like this.
It is much easier to ask the person concerned first or check the corresponding evidence than to ask him.
At the same time, Gu Bin also knew very well in his heart that the key to this trial was whether his previous inquiry was malicious and misleading.
It is undeniable that the evidence previously submitted is indeed misleading to a certain extent.
However, this point can be defended, and the final decision lies in the hands of the presiding judge.
After thinking about this clearly, Gu Bin casually said haha:
"Lawyer Su, I may not be able to fully recount what I asked before, but there is evidence provided. If Lawyer Su wants to know, he can use the evidence to confirm what I asked about at that time."
"Because this question involves the rigor of the law, I cannot answer it directly."
"Okay thank you..."
Su Bai smiled and nodded.
At the same time, I also thought silently in my heart: This is true.
The other party is very aware of the little tricks in the trial and other people's little thoughts.
Gu Bin was right. The reason why he asked so many questions was to find some loopholes in Gu Bin.
I remember that Gu Bin just threw the problem out without giving him any chance.
Tsk tsk...
It really feels like we are fighting each other.
It seems that this trial will not be easy!
The main aspect of judgment still depends on evidence and legal basis.
Moreover, this kind of trial with subjective judgment also requires the judgment tendency of the presiding judge.
But that’s right.
Su Bai had certain psychological expectations for encountering this kind of situation.
After Gu Bin refused to answer.
Su Bai took a long breath, then raised his head slightly and looked at the presiding judge's seat and said:
"The presiding judge...the defendant's lawyer could not answer our questions accurately, so we applied to ask the parties to explain the situation at that time."
Boom!
"The application is approved, now please ask the litigants to ask questions and make statements."
"Good judge."
Su Bai looked at He Dongsheng at the party's seat and asked:
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"Can the client clearly remember the legal lawyer of Safety Insurance at that time and responded to your inquiry?"
"Yes."
"Okay."
"Now please give a general description. There is no need to describe it in detail. Just describe the general content clearly."
"Probably the specific content is that the legal lawyer of Quan'an Insurance at that time, who is now sitting at the court hearing, Lawyer Gu, kept asking me if I had the idea of defrauding insurance..."
"Then how did you answer?"
"My answer is that I have no intention of cheating insurance.
Then Attorney Gu asked me if I had no intention of defrauding the insurance company and why I was preparing a lawsuit against Quan'an Insurance.
Another question is to ask me, if I had no intention of cheating on insurance, why did I get injured again in such a short period of time after buying insurance... Why did I buy such a large amount of insurance...
He also asked me why this was not insurance fraud...
To be continued...