Chapter 144: Consecutive Determinations, the Key Litigation Accusation

The recess ended.

Amid the court clerk’s announcement that the court was resuming.

Du Linmu, together with Zhang Huan and Li Chengxiu, once again walked onto the judicial bench.

Bang bang!

The gavel sounded.

Its dull sound echoed throughout the courtroom.

All parties present in the hearing had a certain psychological expectation regarding the determination that would follow.

But at such a moment, some people still retained a trace of nervousness.

Especially He Dongsheng.

His emotions were uneasy, and his gaze was anxiously fixed on Du Linmu at the presiding judge’s seat.

Seated at the presiding judge’s seat, Du Linmu briefly organized the materials in his hands, and then slowly spoke:

“A determination will now be made regarding whether He Dongsheng possessed the subjective intent to commit insurance fraud against Quan’an Insurance.”

Whether He Dongsheng was guilty, the most crucial point lay in whether he constituted insurance fraud, and the core of insurance fraud was the purpose of illegally obtaining insurance proceeds.

Subjectivity was the most crucial core issue for determination in this case.

Bang bang!

“According to the arguments presented by all parties during the hearing and the relevant evidentiary proof.”

“First, Quan’an Insurance’s questioning of He Dongsheng and its questioning of He Dongsheng’s mother possessed induciveness and constituted invalid evidence.”

“Second, the testimony of colleagues and amicable friends does not reach the standard of evidentiary proof, and there is no strong factual basis to explain it.”

“Third, according to the evidence provided, during He Dongsheng’s working hours, it was the sudden activation of the machine that caused He Dongsheng’s disability.”

“In that process, the sudden activation of the machine may have been due to He Dongsheng’s deliberate conduct, but there was also a probability that it was due to a malfunction of the machine.”

“Although the probability of a machine malfunction was small, it is not the case that such a possibility does not exist, therefore this cannot be used to determine that He Dongsheng had the subjective intent of deliberately activating the machine and causing his own disability in order to illegally commit insurance fraud.”

“Fourth, according to what Quan’an Insurance raised regarding the fact that He Dongsheng purchased a huge amount of insurance and, after purchasing that huge amount of insurance, suffered accidental disability within a short period of time.”

“According to He Gongsheng’s statement and the evidence, He Dongsheng purchased the insurance because of the enthusiasm of the sales personnel, and thus purchased a huge amount of insurance.”

“This act of purchasing a huge amount of insurance and the occurrence of an accident within a short time after the purchase of the insurance and after the insurance took effect do not possess a legally established causal relationship.”

“Based on the above.”

“It is determined that He Dongsheng did not fraudulently obtain the insurance proceeds of Quan’an Insurance Company for an illegal purpose, and that his subjective manifestation was non intentional.”

Bang bang!

“Do any parties to the litigation have any objection to the above determination?”

This determination directly declared that He Dongsheng had not committed insurance fraud.

After He Dongsheng heard this determination, his tense mood slowly relaxed.

Although the presiding judge did not say that he was not guilty, he was also able to hear that the determination was moving in a favorable direction.

At the various litigation seats, Prosecutor Hu Bing was the first to speak:

“Presiding Judge, our side has no objection whatsoever to this determination.”

Su Bai: “Our side has no objection.”

At Quan’an Insurance’s seat, Li Shuangjun and Gu Bin had also already expected that such a determination would be made.

There was not much surprise on their faces, only a slight sense of disappointment.

At the same time, a certain degree of vigilance was also raised, because this determination laid a certain foundation for Su Bai’s accusation that Quan’an Insurance had made a malicious accusation.

The hearing that followed would be the most crucial.

After clarifying this relationship, Li Shuangjun slightly nodded. “Presiding Judge, our side has no objection.”

Bang bang bang!

Presiding Judge Du Linmu continued speaking: “All parties have no objection to the determination that He Dongsheng subjectively did not possess the purpose of illegally obtaining insurance proceeds.”

“Then the hearing arguments shall continue.”

“Now, regarding the litigating party’s requests, further confirmation will be made.”

“Litigating party, your litigation request is that Quan’an Insurance be required to compensate He Dongsheng the insurance amount to which he is entitled.”

“And.”

“You accuse Quan’an Insurance of maliciously accusing He Dongsheng, and request that the relevant responsible persons be held accountable and that He Dongsheng be compensated for mental distress.”

“Are the above requests accurate?”

Su Bai: “Presiding Judge, our above litigation requests are accurate.”

Bang bang bang!

“Very well!”

“The litigating party’s requests are confirmed, and the litigation requests will now be summarized.”

“First, that Quan’an Insurance be required to provide the proper compensation.”

“Second, that Quan’an Insurance be accused of malicious accusation and that liability and compensation be pursued.”

“The argument on the first point will now proceed.”

“Litigating party, please make your statement.”

“Yes, Presiding Judge.”

Su Bai slightly nodded. There was no issue whatsoever with requiring Quan’an Insurance to provide the proper compensation, because there was a contract.

Moreover, the claim fell within the proper scope.

Even though Li Shuangjun and Gu Bin, the legal personnel of Quan’an Insurance, both had deep research regarding insurance cases, it was also impossible for them to transcend the limits of the contract.

If the insurance company had originally been able to confirm that He Dongsheng, according to the contents of the contract, could not win the case.

Then it would also have been impossible for it to turn around and bring He Dongsheng before the court under the name of insurance fraud.

So, requiring the insurance company to compensate on this point would not produce any issue whatsoever.

Victory in the suit was certainly achievable.

“Presiding Judge, according to the contractual material evidence provided by our side, it has already been shown.”

“First, our side belongs to the category of personal accident, and this conforms to the requirements of the contents of the contract.”

“Second, the time at which our side suffered permanent disability due to personal accident was within the time stipulated by the contract, that is to say, our side did not exceed the time limit.”

“Third, the compensation applied for by our side is all within the contractual materials submitted, and does not exceed a reasonable scope.”

“Presiding Judge, our side’s statement is complete.”

After speaking, Su Bai calmly looked toward the litigated party’s seat.

At the litigated party’s seat.

Li Shuangjun and Gu Bin did not attach much importance to the content raised by Su Bai regarding Quan’an Insurance compensating He Dongsheng.

Because once this case had determined that He Dongsheng was not guilty, then his demand for insurance compensation fell within a reasonable scope.

The contractual provisions were written clearly, and they also could not say that they would not state matters according to the contract and according to the law.

Moreover, even if they wanted to refuse compensation, Su Bai would not give them that opportunity.

The expressions of both men were calm, as if they had no intention whatsoever of rebutting it.

At the judicial bench, Du Linmu struck the gavel.

Bang bang bang!

“Regarding the litigating party’s statement, does Quan’an Insurance Company have anything it wishes to state?”

Li Shuangjun knew that rebuttal would be of no use, so he was simply direct:

“The litigating party’s statement is based on the contract, and He Dongsheng’s claim is reasonable.”

“Since there is no issue with the contract, and the court has determined that He Dongsheng’s subjectivity was not intentional insurance fraud, then Quan’an Insurance Company will compensate He Dongsheng in accordance with the law.”

“Presiding Judge, our side has no objection whatsoever to the litigating party’s statement.”

Tsk tsk tsk.

Listen to that, listen to that.

How well these formal words were spoken, how perfectly they were delivered. Once he knew that argument on this point could not obtain any benefit whatsoever.

Li Shuangjun instantly changed his strategy, indicating that compensation should be paid where due, reimbursement should be made where due, and matters should proceed according to the contract.

If Quan’an Insurance Company’s legal department had not brought He Dongsheng before the court under the name of insurance fraud.

Then Su Bai might truly have believed these words.

But now, only after knowing that victory could not be obtained in litigation on this point, he spoke such words, which made them appear somewhat hypocritical.

However, one had to say.

As legal personnel, Li Shuangjun and Gu Bin had indeed acted thoroughly. Not only had they fought for Quan’an Insurance Company’s interests in court.

But in this aspect, they had also behaved openly and gracefully. Even if the live stream of the hearing were spread outward, perhaps some people might even change their impression of Quan’an Insurance Company because of these remarks.

However!

All of this was premised on the situation before He Dongsheng had been brought before the court.

After bringing He Dongsheng before the court, and then only after being unable to obtain victory in the hearing, to speak such words.

How should one put it? One word: hypocrisy.

Beside him, Li Xuezhen spoke in a low voice:

“This, the legal department of Quan’an Insurance is truly excessive. On one hand they brought him before the court, and on the other hand they say that compensation should be paid where due.”

“It always feels somewhat strange.”

Su Bai smiled and nodded.

“There is nothing strange about it. Once you have seen more of it in the future, you will know.”

Some lawyers, for the sake of litigation fees and in order to achieve certain conditions in litigation, speak like humans when facing humans and speak like ghosts when facing ghosts.

Such lawyers were not uncommon.

For a novice like Li Xuezhen, who had not yet become a formal lawyer and had not yet conducted litigation, it was indeed strange.

But after spending a long time mixed into courtroom hearings, one would discover that such lawyers were more numerous than few.

They possessed legal knowledge, and their win rate was not low, but what they handled were all not very good lawsuits.

For example, the lawsuit today.

After hearing Su Bai’s words, Li Xuezhen nodded seriously.

“Oh.”

“Alright, Lawyer Su, I understand.”

At the same time.

After Li Shuangjun finished his statement, at the judicial bench, Presiding Judge Du Linmu slightly nodded and struck the gavel.

Bang bang bang!

“Quan’an Insurance Company has no objection regarding the matter of compensation.”

“Then according to the evidence submitted by both parties and the contract originally signed by the insurance company.”

“The litigating party’s litigation request does not exceed a reasonable scope, and the compensation applied for is within the scope of compensation under the contract. It is now determined that Quan’an Insurance Company shall pay the insurance compensation amount to which He Dongsheng is entitled.”

Bang bang!

“Do both sides have any objection?”

Su Bai: “No objection.”

Li Shuangjun: “No objection.”

With respect to the point of compensation, neither Su Bai nor Li Shuangjun had any particularly great objection.

But both sides also knew that the most crucial moment in this hearing was about to arrive.

That was the argument regarding whether the accusation against Quan’an Insurance Company belonged to malicious accusation.

Malicious accusation belonged to a type of false accusation and false implication, and according to Article 243 of the Criminal Law.

Whoever fabricates facts to falsely accuse and frame another person, intending to subject that person to criminal prosecution, shall, if the circumstances are serious, be sentenced to fixed term imprisonment of not more than three years, criminal detention, or control, and if serious consequences are caused, shall be sentenced to fixed term imprisonment of not less than three years and not more than ten years.

In addition.

Article 243 also contains the final two sentences.

Where a state functionary commits the crime in the preceding paragraph, punishment shall be heavier.

Where there is no intentional false implication, but rather mistaken accusation or inaccurate reporting, the provisions of the preceding two paragraphs do not apply.

Intentional false accusation and mistaken accusation with inaccurate reporting.

The most crucial distinction between the former and the latter lay in whether it was intentional false accusation or mistaken accusation.

The distinction between the two lay in intent and lack of intent.

What was difficult to define was subjectivity.

You say that I falsely accused and framed someone, then I say that mine was a mistaken accusation or inaccurate reporting.

Therefore, in order to determine this crime, other evidence must be used as support to determine the subjectivity of the person making the false accusation and implication.

However.

With respect to these matters, Su Bai had long since prepared.

All that needed to be determined had now already been determined, and the foundation had already been laid.

What remained basically no longer presented any issue.

Bang bang!

At the presiding judge’s seat, Du Linmu looked at the materials before him.

He also knew.

That the most crucial point in this hearing lay here.

After sweeping his gaze in the direction of Su Bai and in the direction of Li Shuangjun, he once again struck the gavel.

“Regarding the first point accused by the litigating party against Quan’an Insurance Company, a determination has now been completed.”

“The second point will now proceed.”

“Litigating party, your side accuses Quan’an Insurance Company of maliciously accusing He Dongsheng. Please now state the legal provisions or factual basis for your side.”

“Yes, Presiding Judge.”

Su Bai let out a long breath, and then began his statement:

“Presiding Judge, our side first wishes to ask several questions of the opposing Lawyer Gu Bin.”

Bang bang!

“The application is approved!”

“The litigating party’s lawyer may begin questioning.”

“Yes, Presiding Judge.”

Su Bai fixed his gaze on Gu Bin’s face.

“According to the relevant law involved in malicious accusation, it is Article 243, the crime of false accusation and false implication.”

“Among it.”

“The relevant concept refers to fabricating criminal facts, carrying out false filing and reporting, and intending to cause another person to suffer criminal liability.”

“I would like to ask Lawyer Gu, what were you thinking at that time when you deliberately induced He Dongsheng?”

“As a lawyer, you conducted inducive questioning, and moreover used the content of that inducive questioning as the basis for transfer for filing. What was the subjective factor within this?”

“Was your subjectivity to cause He Dongsheng to suffer criminal liability?”

“If not, then why conduct inducive questioning and moreover use the results of that inducive questioning for transfer for filing?”

“Did you not know that the crime of insurance fraud could lead to criminal liability?”

“As legal personnel for an insurance company, I believe you understand the crime of insurance fraud, correct?”

“Please answer these several questions directly, Lawyer Gu.”

Facing Su Bai’s series of questions, Gu Bin took a deep breath.

He understood that if these questions were not answered, then they certainly could not be bypassed.

Because these questions were all core and crucial issues.

At the same time, Gu Bin was also annoyed in his heart about why he had allowed the presiding judge to make that determination regarding his induciveness in the first place.

Otherwise, he would not now have fallen into such a passive position in the hearing.

However, the facts had already become settled, and Gu Bin did not continue thinking further.

After remaining silent for several seconds, he began to answer.

“According to the circumstances at that time, and according to the experience of our Quan’an Insurance legal department, He Dongsheng indeed had enormous suspicion of insurance fraud.”

“My subjective understanding was that He Dongsheng possessed suspicion of insurance fraud, and so after obtaining the answer I wished to know, I transferred it for filing and handling.”

“In fact, my subjective intention was not to make He Dongsheng suffer criminal liability under the crime of insurance fraud.”

“Furthermore, I determined that He Dongsheng possessed suspicion of insurance fraud according to my own judgment, rather than fabricating facts.”

“According to the definition of the crime of false accusation and false implication.”

“I do not meet the constituent conditions for the crime of false accusation and false implication.”

“Lawyer Su, I have finished answering your questions.”

After Gu Bin answered Su Bai’s questions, he slightly let out a breath of relief.

Upon receiving the court summons notification, and after learning of the litigation request raised by Su Bai.

Gu Bin had already made the worst preparation.

Therefore he had prepared in advance.

This answer was the one he had prepared long ago.

On the other side.

Su Bai looked at Gu Bin and smiled.

After breathing out slowly, he gradually spoke and continued the pursuit.

“Lawyer Gu, what I asked was why you conducted inducive questioning. Please do not answer while setting aside this most crucial point.”

“What was your purpose in conducting inducive questioning?”

“Since your subjective intention was not to falsely accuse and frame He Dongsheng, then why conduct inducive questioning?”

Facing Su Bai’s relentless pressure.

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

Why had he not interrupted that determination from the beginning, when the presiding judge had been making the determination regarding his inducive questioning.

Thus causing Su Bai, during the hearing, to keep seizing this crucial point and repeatedly questioning it.

And.

This question was truly not easy to answer.

A headache!