Chapter 145: The Final Argument

The presiding judge had already long since made a determination regarding Gu Bin’s inducive questioning of He Dongsheng and He Dongsheng’s mother.

An induciveness determination, together with the use of that as evidence for filing the case.

Made it very difficult to explain that his subjectivity was not a malicious accusation.

Moreover, this case had caused criminal punishment to be imposed upon He Dongsheng, and had already reached the constituent standard for false accusation and false implication.

Gu Bin’s present state was one of having completely fallen into a passive position.

After taking a deep breath, Gu Bin looked toward Su Bai at the litigating party’s seat, and in response to the questions raised by him, slowly spoke:

“In response to the questions of counsel for the litigating party, my direct answer is as follows:”

“First, why did I conduct inducive questioning at that time.”

“Although the court has determined that my questioning at that time was inducive, I have already explained that my questioning was based on the foundation that He Dongsheng had major suspicion of insurance fraud.”

“My purpose in questioning was of course to further confirm whether He Dongsheng had truly committed insurance fraud.”

“Second, inducive questioning and the subjective intention of falsely accusing and falsely implicating He Dongsheng do not have an inevitable legal connection between them.”

“It cannot be determined through the single point of inducive questioning that my subjective intention was to falsely accuse and falsely implicate He Dongsheng.”

“The transfer for filing was a mistaken report on my part, but He Dongsheng did indeed have major suspicion of insurance fraud, did he not?”

“According to the provisions of Article 243 of the Criminal Law and its applicable scope, malicious accusation requires subjective maliciousness as a factor, whereas my subjective factor was factual investigation, rather than malicious accusation.”

“There is no problem whatsoever with my suspicion.”

“Counsel for the litigating party, I have finished answering your question.”

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

Su Bai smiled.

Tsk tsk.

How should one put it, Gu Bin understood conceptual transformation.

Gu Bin’s answer had a certain degree of reasoning and legal basis, but it could not withstand deeper scrutiny.

First.

Regarding Su Bai’s question about the purpose of induciveness, Gu Bin’s answer was simple and direct, and there was no problem with it.

But with respect to the answer as to why, if the subjective intention was not to falsely accuse and falsely implicate, he nevertheless conducted inducive questioning, that answer appeared somewhat strained.

As legal personnel of an insurance company, he understood insurance law thoroughly.

Whether a purchaser of insurance had committed insurance fraud, under ordinary circumstances, an insurance company legal officer could make a basic determination after a round of discussion.

You say your inducive conduct was not for the purpose of malicious accusation, then why did you later proceed to filing?

It should be known that inducive conduct, filing, and submission of evidence to the prosecution are connected together as a tripartite chain, and are not separate.

Also.

The explanation given by Gu Bin was that it was not malicious accusation, but rather mistaken reporting.

The distinction between mistaken reporting and false accusation is very great.

Mistaken reporting means that, because the informant does not understand certain circumstances, or does not understand them with sufficient certainty, he then makes a so called report to the reporting authorities that does not conform to reality.

On this point alone there is already substantial controversy.

You already engaged in inducive conduct, so can it still be said that you did not understand the facts?

Certainly not.

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

“May I ask Lawyer Gu.”

“You just mentioned the point of mistaken reporting. Under this point, does that mean that you were unclear as to whether He Dongsheng’s subjective intention was insurance fraud, correct?”

“Correct!”

“Then I ask Lawyer Gu, if you say that you were unclear as to whether He Dongsheng’s subjective intention amounted to insurance fraud, then why did you use inducive questions to question He Dongsheng? And then use the answers derived from those inducive questions to file the case?”

“Could you not have questioned him impartially and objectively?”

“The explanation you have given is that He Dongsheng indeed had major suspicion, but having major suspicion does not mean that there indeed exists the fact of insurance fraud.”

“You also said that inducive questioning and false accusation and false implication do not have a legal causal relationship.”

“On the subjective level, since you did not have the thought of false accusation and false implication, then why did you conduct inducive questioning, thereby filing the case and on that basis submitting illegal evidence?”

To put it plainly.

The content of this argument was mainly focused on one point, subjective malicious accusation.

And the key point in subjective malicious accusation lay in Gu Bin’s induciveness toward He Dongsheng at that time, and his subjective judgment.

This determination of subjectivity was a difficult point.

And the key point of the argument also lay here, which was why both litigation parties, namely Su Bai and Gu Bin, were pulling back and forth over this matter.

Because both of them understood very clearly in their hearts that once this subjectivity was determined.

Then this case would also end here.

On this point, both sides understood it as clearly as a mirror.

Faced with Su Bai’s further step by step pressure, Gu Bin took a deep breath, and his head buzzed.

This Su Bai.

He had seized upon this point and was biting down on it without letting go, was he not!

Each question advanced little by little, and now, at this point, he was directly seizing the loopholes in his words and attacking, was he not.

Difficult to handle.

It truly was difficult to handle.

Under these circumstances, as long as one lagged even slightly in the determination, the gap created by that lag would grow greater and greater.

Just as in the present situation, as long as Su Bai kept holding onto the point that he had used illegal evidence to file the case, then the other side was already firmly in the superior position.

After taking another deep breath, Gu Bin slowly spoke:

“I reiterate once again: Quan’an Insurance Company’s side suspected He Dongsheng on the basis of experience.”

“He Dongsheng’s conduct indeed possessed major suspiciousness, and on this point, I believe that all courtroom participants present, including the adjudicators, have no doubt whatsoever.”

“It was based on this point that I conducted inducive questioning, and subjectively there was no subjective conduct of malicious accusation.”

In fact, Gu Bin also understood in his heart that what the other side had seized upon was that inducive questioning, filing and submission, and illegal evidence, these three points connected in a line, constituted malicious accusation.

But he could not answer through that aspect, because if he answered through that aspect, he could not explain the subjectivity.

So he could only answer with respect to inducive questioning, setting aside the latter two points, in order to detach himself from that topic.

Su Bai also understood clearly that the other side was obviously avoiding the major issue and dwelling on the minor one.

Just as he was preparing to continue his pursuit.

Gu Bin moved one step before him.

After finishing his statement, Gu Bin understood in his heart that if the exchange continued in the form of one question and one answer, it would be easy for Su Bai to seize loopholes, so he directly raised his hand to indicate:

“Presiding Judge, I apply to suspend the litigating party’s questioning of me.”

“Grounds for the application.”

“I have already answered the questions that should be answered.”

At the presiding judge’s seat, after hearing the arguments of both sides, Du Linmu slightly nodded.

The present hearing situation had basically already been determined, but evidently, according to the prior determination, Gu Bin did possess a certain problem.

Regarding this, Du Linmu had already formed a determination in his heart.

Bang bang bang!

The gavel sounded.

Its dull sound echoed throughout the courtroom.

Du Linmu slowly spoke: “The application is approved. The litigating party will no longer question the litigated party.”

“With respect to the arguments of the litigating party and the litigated party, the collegial panel has made the following summary of points.”

“First, whether Gu Bin’s conduct can be considered false accusation and false implication.”

“Second, what Gu Bin’s subjective conduct was.”

Conduct and subjective conduct were divided into two parts. The first was to view the issue through rational facts, and the second was to analyze what Gu Bin’s subjectivity was.

After stating these two questions, Du Linmu looked toward the litigated party’s seat.

And asked:

“May I ask the legal personnel of Quan’an Insurance Company on the litigated party’s side, Gu Bin, did you know that inducive evidence constitutes illegal evidence?”

“I knew.”

“Then why did you file the case on the basis of inducive facts, and moreover use it as evidence?”

The questions raised earlier by Su Bai could be said not to have been so strongly aggressive.

But the question raised by Presiding Judge Du Linmu could be said to be highly aggressive.

For a moment, Gu Bin did not know how to answer.

After Du Linmu asked this question, and upon seeing Gu Bin remain silent.

Bang bang!

He struck the gavel.

And continued asking: “According to the litigating party’s accusation against Quan’an Insurance, since Quan’an Insurance’s subjectivity was not malicious accusation, then why did Quan’an Insurance file the case on the basis of inducive facts and transfer it to the prosecution?”

“As the principal person in charge of this case, what do you have to say?”

After several seconds of silence, Gu Bin slowly spoke: “Presiding Judge, what I want to say is that Quan’an Insurance did not engage in malicious accusation, but made the accusation based on its own suspicion.”

“Then how do you explain filing the case on the basis of inducive facts?”

Gu Bin was directly rendered silent by Du Linmu’s question.

Although, earlier Su Bai had also been asking these questions, and they were similar to those raised by Du Linmu.

But after all, Su Bai was litigation counsel, and with respect to certain questions, one could still muddle through.

But Du Linmu was different. Du Linmu was the presiding judge, and if one question was not well resolved, it could affect his subjective determination of the case.

But to make Gu Bin answer this question.

Hiss.

Gu Bin truly did not know how to answer.

So Gu Bin turned his gaze toward Li Shuangjun, and Li Shuangjun let out a light breath and shook his head.

Gu Bin could only helplessly speak: “Presiding Judge, although Quan’an Insurance Company transferred He Dongsheng for filing on the basis of induciveness, that does not mean that subjectively there was malicious accusation. Induciveness and malicious accusation do not have an inevitable causal connection between them.”

“Then do you have evidence? Can your side submit relevant evidence?”

Gu Bin: …

“No.”

Bang bang!

“Does the litigating party still have any factual basis or evidentiary basis for determination that it needs to submit?”

“Yes, Presiding Judge.”

Su Bai lightly let out a breath, knowing that the most crucial determination was about to arrive.

“Presiding Judge, our side has a recording of Quan’an Insurance Company privately seeking settlement with our side and offering a price of eight hundred thousand.”

After speaking, Su Bai handed the recording to a nearby staff member, and the staff member handed it to the presiding judge.

After listening to the recording, the presiding judge slightly frowned, and then through the staff member handed it to the litigated party’s seat.

Su Bai continued speaking: “In the recorded conversation, Quan’an Insurance Company clearly wished to offer a price of eight hundred thousand and compensate our side.”

“I would like to ask the representative of Quan’an Insurance, why did your side offer a price of eight hundred thousand to compensate our side? Why did you want our side to withdraw this litigation in court?”

“Was the compensation merely because you believed that this lawsuit would affect Quan’an Insurance’s reputation?”

“But if it was merely because this lawsuit would affect Quan’an Insurance’s reputation, then why did you originally proceed with illegal accusation and illegal filing?”

The recording submitted by Su Bai could not count as direct evidence, but it could count as supporting evidence.

For the determination of subjectivity, it is often necessary to use some supporting evidence to prove subjectivity.

At the presiding judge’s seat, the presiding judge struck the gavel.

“For the evidence submitted by the litigating party, the litigated party Quan’an Insurance Company is now requested to provide an explanation.”

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

Was this not the content of the conversation from when he had gone to He Dongsheng’s house?

How could there be a recording?

Could it be that He Dongsheng had been keeping his guard up at that time?

Li Shuangjun considered that possibility not very great. The greatest possibility was that all of this had been arranged by Su Bai.

After understanding this point, Li Shuangjun looked toward the litigating party’s seat, remained silent for several seconds, and only then slowly spoke.

“Presiding Judge, it is true that our side proposed compensation of eight hundred thousand in order to avoid causing negative reputational impact to our company.”

“There was no other reason.”

Tsk tsk.

Do you think that this reason can stand?

But Su Bai did not say these words aloud. The most crucial point of this evidence was to affect the presiding judge’s subjectivity.

It could serve as supporting evidence to further substantiate the malicious accusation on the part of Quan’an Insurance Company.

No matter how the other side argued, the point that they offered compensation of eight hundred thousand in exchange for withdrawal of the suit was undeniable.

At the judicial bench, at the presiding judge’s seat.

Bang bang!

The sound of the gavel falling rang out.

“A second recess will now be taken. Court will resume after one and a half hours, and after both sides complete their courtroom statements, the judgment result will be announced!”

As his voice fell.

The three adjudicators left the courtroom.

Within the courtroom.

Li Xuezhen rubbed her eyes and silently recited: “I wonder whether the achievement points can be increased a little more.”

As for Li Shuangjun and Gu Bin at the litigated party Quan’an Insurance’s seat.

Both were deeply worried.

With respect to this courtroom argument, neither of them had confidence in his heart.

Both also understood that they were in the inferior position, but they simply did not know how the collegial panel would decide.

Hu.

Gu Bin let out a long breath: “This determination, it will not determine that we engaged in malicious accusation, will it?”

Li Shuangjun was silent for several seconds and rubbed his temples.

“I do not know. That depends on the presiding judge’s subjective inclination.”

“After all, this time in the courtroom, we are in a weak position.”

“Mm!”

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

“If it is determined that we engaged in malicious accusation, then.”

Before Gu Bin could finish his words, Li Shuangjun waved his hand and interrupted him.

“Enough. Do not say such inauspicious things.”

“Although the courtroom argument is unfavorable to our situation, it has not nailed us down completely. As for how the judgment will be made, that still depends on the presiding judge.”

“What we think does not count. There is no need to think in the bad direction.”

“Mm, understood.”

Gu Bin nodded, but there was still considerable worry between his brows.