Chapter 146: Little Li: It Has Been Decided, It Has Been Decided, Two of Them Were Taken at Once

Inside the collegial panel discussion room.

Du Linmu sat on the sofa and smiled as he looked toward Zhang Huan and Li Chengxiu.

Although he already had a general determination in his heart regarding this case, he still needed to hear the opinions of the other two adjudicators.

“Go ahead and speak.”

“Earlier, we had already roughly discussed the litigation request in which the litigating party accused Quan’an Insurance of malicious accusation.”

“We said that after both sides finished arguing on this point, we would discuss it again.”

“Now both sides have stated almost everything, so the two of you should both speak about your views.”

Du Linmu took a sip of water, and his gaze swept over Zhang Huan and Li Chengxiu.

Zhang Huan picked up the bottle of mineral water on the table, twisted open the cap, took a small sip, and did not speak.

At this moment, Li Chengxiu spread his hands. “What is there still to consider.”

“During the course of the argument, the legal representative of Quan’an Insurance Company kept pulling the litigating party’s questions toward other matters.”

“Did he think he was giving an interview?”

“By dragging things around a bit, did he think the matter would simply pass?”

“This is a court hearing, not the handling of some other matter. One cannot simply confuse the issue and drag things around and then let it pass. What legal determinations require is a basis.”

“In this hearing, to take the simplest example.”

“What the litigating party asked was:”

“Gu Bin deliberately engaged in inducement, and on that basis used it as the standard for filing the case and submitted the evidence.”

“And what was Gu Bin’s explanation?”

“He kept talking about subjective induciveness, but in reality, subjective inducement and filing the case are two conditions that stand side by side.”

“As the legal personnel of Quan’an Insurance Company, could Gu Bin not understand this point?”

“He understood it, and he also knew this point, and in his heart he was also clear that Quan’an Insurance Company belonged to malicious accusation.”

“That was why he did not dare to answer. The content of his answer was completely not on the same point as the content asked by the litigating party.”

“And moreover, there is another point.”

“In the first instance, Quan’an Insurance, as the party allegedly suffering harm to its interests, appeared in this public prosecution judgment and accused He Dongsheng of insurance fraud.”

“While clearly knowing that its own evidence was illegal evidence, it still appeared in court and accused He Dongsheng of insurance fraud.”

“Is this not unmistakably malicious accusation?”

“This hearing does not simply involve the matter of malicious accusation, it also involves illegal evidence.”

“It used inducive evidence, and knowingly used it as courtroom evidence, and it also involves false evidence.”

“However, the matter involving false evidence would need to be discussed outside this hearing.”

Zhang Huan slightly nodded. “I agree with Li Chengxiu’s view.”

“Quan’an Insurance truly is not much good.”

After hearing Zhang Huan’s last sentence, Du Linmu smiled.

“Hehe, Old Zhang, there is a lot of resentment in that sentence of yours.”

“I remember you previously told us that your family member had once been deceived when buying insurance. Could it be that the insurance was Quan’an Insurance?”

Zhang Huan looked at Du Linmu and did not speak.

Du Linmu smiled and nodded. He remembered that when Zhang Huan’s family member had previously been deceived by insurance, Zhang Huan had been especially angry, and when discussing such matters among colleagues, he had nearly broken out into cursing.

He had not expected that the insurance purchased had actually been the Quan’an Insurance encountered today.

However, Zhang Huan was also truly able to keep his composure. Although he had been so angry at Quan’an Insurance at that time, today in court he had not displayed the slightest dissatisfaction.

After hearing the views of Zhang Huan and Li Chengxiu.

Du Linmu had an even more accurate view of this case.

As for this case, how should one put it.

The main point lay in.

That this time Quan’an Insurance indeed belonged to malicious accusation, and it could not produce any basis for rebuttal.

As for how it should be determined, it was very obvious.

Very soon.

The time arrived for the court to resume once more.

Amid the court clerk’s announcement of reopening the hearing, the three members of the collegial panel walked onto the judicial bench.

Bang bang bang!

Du Linmu struck the gavel. “The recess has ended. The parties will now make their courtroom statements. After the statements are completed, judgment will be rendered.”

“The prosecution shall now make its statement.”

Hu Bing: …

Does this lawsuit still have anything to do with me?

You have already determined that He Dongsheng’s subjectivity was not intentional insurance fraud, so then he is certainly not guilty.

As the prosecution, what can I still state?

Certainly there is nothing I can state at all!

Hu Bing: “The prosecution will not make any further courtroom statement.”

Bang bang!

“The prosecution will not make a courtroom statement. Next, the litigation representative of Quan’an Insurance Company shall make a courtroom statement.”

Li Shuangjun took a deep breath.

A courtroom statement was the final stage of this hearing.

Whether for him or for Quan’an Insurance Company.

The most important matter was not whether He Dongsheng had committed insurance fraud or whether Quan’an Insurance Company should compensate He Dongsheng.

Rather, the crucial point was whether the court would determine that Quan’an Insurance Company had maliciously accused He Dongsheng.

If this point were determined, it would not only be a huge blow to Quan’an Insurance Company.

But he and Gu Bin, as the litigation representatives in the first instance and the principal accusers.

Would also not be able to escape involvement, and would then be subject to review and investigation.

Therefore, in his courtroom statement, Li Shuangjun needed to make his statement from this aspect.

The court absolutely could not be allowed to determine that Quan’an Insurance Co., Ltd. had maliciously accused He Dongsheng.

Having sorted out his thoughts, Li Shuangjun spoke: “Yes, Presiding Judge.”

“Presiding Judge, our courtroom statement is as follows:”

“With respect to He Dongsheng’s erroneous conviction, our side expresses that this is a regrettable matter. It was caused by an error on our part, and here I apologize to He Dongsheng.”

As he said these words, Li Shuangjun bent his waist toward the client’s seat to express his apology.

After straightening up, he continued speaking.

“Our side admits that because of our error, He Dongsheng was wrongly convicted, but.”

“Our side’s accusation that He Dongsheng committed insurance fraud was made because, at the time, we mistakenly believed that we were protecting our legal interests.”

“And not for the purpose of malicious accusation.”

“If our side had been able at that time to know that He Dongsheng did not possess the subjective intention of insurance fraud, then we certainly would not have made the accusation.”

“Our side hopes that the Presiding Judge can consider matters from this point and give us a fair and just trial.”

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

Faced with Li Shuangjun’s statement.

Su Bai: ???

What does this mean? What does it mean to say that the court should give you a fair and just trial?

A judgment that you engaged in malicious accusation is precisely a fair and just trial for you!

You maliciously accused another person and caused criminal liability, and now you speak in such a pitiable manner.

When you knew at the time that compensation should have been paid, why did you not compensate?

And then you say that if you had known He Dongsheng had not committed insurance fraud, you certainly would not have accused him.

Are you talking nonsense here?

You used induced statements as evidence to file the case and initiate public prosecution.

And now you are telling me that you did not know that He Dongsheng’s subjective intention had not been insurance fraud?

Tsk tsk tsk.

This logical closed loop before and after is truly extraordinary.

So all possible words are to be said by Quan’an Insurance Company, is that it?

Hiss.

As for Li Shuangjun’s courtroom statement, Su Bai merely twitched the corner of his mouth and did not speak.

At the presiding judge’s seat, Du Linmu slightly frowned and glanced at the litigation seat of Quan’an Insurance.

He silently recited one sentence in his heart: what kind of nonsense is this, I am not listening.

Immediately afterward, he turned his gaze toward Su Bai.

“The litigating party will now make its courtroom statement.”

“Yes, Presiding Judge.”

“Presiding Judge, our side’s statement is as follows:”

“Our side believes that this hearing has involved multiple aspects.”

“Among them are the unjust suffering borne by our client He Dongsheng, as well as the guided malicious accusation by Quan’an Insurance’s legal personnel.”

“If not for the tendentious guidance and subjectively malicious accusation by Quan’an Insurance’s legal personnel.”

“Then today’s courtroom scene would not have appeared.”

“The origin of everything lies in the malicious accusation against He Dongsheng by Quan’an Insurance’s legal personnel, and in the illegal evidence that was deliberately induced.”

“This is the cause of this hearing.”

“Our side has only one request regarding this hearing, and that is that our client He Dongsheng be given a legal judgment grounded in reason and evidence.”

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

Su Bai’s statement was very simple. It merely expressed one subjective meaning.

That is, the principal responsibility for this hearing lay on Quan’an Insurance’s side.

If Quan’an Insurance had not made the illegal accusation, then the situation in which He Dongsheng was convicted would not have occurred.

After finishing his statement, Su Bai slightly raised his head and looked toward the judicial bench.

Bang bang!

Du Linmu struck the gavel.

“All parties have completed their courtroom statements.”

“The court will now prepare to announce the judgment result.”

Bang!

The sound of the gavel falling echoed throughout the courtroom.

Court clerk: “All rise. Please let the Presiding Judge announce the judgment result!”

Swish swish swish.

Everyone in the courtroom rose and looked toward the presiding judge’s seat.

Presiding Judge Du Linmu looked at the judgment document, slightly raised his head, and after his gaze circled once around the courtroom.

Slowly spoke:

“The cause of action in this case.”

“The litigating party believes that the first instance judgment against its client He Dongsheng arose from malicious accusation by Quan’an Insurance Company and malicious inducement in the filing application.”

“It requests revocation of the first instance judgment and pursuit of the relevant liability of Quan’an Insurance Company’s legal personnel for malicious accusation.”

“It requests that Quan’an Insurance Company compensate the client He Dongsheng for the insurance compensation to which he is entitled, as well as the corresponding mental distress loss.”

“This court has jurisdiction over this case, and all applicable law is applied entirely in accordance with domestic law.”

“The court will now begin to announce the judgment result.”

“Upon deliberation and determination by the collegial panel, with respect to the litigation requests raised by the litigating party.”

“First, among the evidence applied in the first instance judgment, there existed illegal evidence, which seriously affected the fairness of the judgment, and the judgment seriously did not conform to the facts.”

“It is determined that the criminal punishment imposed on He Dongsheng in the first instance is revoked, and the judgment is changed to not guilty.”

“Second, with respect to the insurance purchased by He Dongsheng, it was based on the personal accident insurance contract provided by Quan’an Insurance Company.”

“According to the contents of the contract, He Dongsheng suffered a serious accident during work, causing permanent disability, which conformed to the signed insurance contract.”

“Accordingly, the litigating party’s claim requiring Quan’an Insurance Company to compensate He Dongsheng is reasonable, and it is adjudged that Quan’an Insurance Company shall compensate He Dongsheng in the amount of 958,674.52 yuan.”

“Third, with respect to whether Quan’an Insurance’s accusation against He Dongsheng belonged to malicious accusation.”

“The collegial panel has carried out a complete organization of this point.”

“(1): The filing evidence provided by Quan’an Insurance Company belongs to illegal evidence. Although it was not fabricated, it was obtained through inducement, and likewise belongs to fictitious evidence.”

“(2): While clearly knowing that the evidence it provided belonged to illegal evidence, Quan’an Insurance Company nevertheless chose to proceed with accusation, and its own intention contained malicious conduct.”

“Based on the above two points, it is adjudged that Quan’an Insurance Company’s accusation against He Dongsheng belonged to malicious accusation, and the relevant responsible persons shall be pursued for liability!”

“Fourth, with respect to the issue that Quan’an Insurance Company’s malicious accusation against He Dongsheng caused extremely great harm to He Dongsheng’s mental state, and the question of compensation, it is determined that Quan’an Insurance Company shall compensate He Dongsheng 10,200.23 yuan for mental distress loss.”

“Fifth, according to the relevant laws and regulations, Quan’an Insurance Company is adjudged to pay all litigation expenses and lawyer’s fees on He Dongsheng’s side.”

“All litigation requests raised by the litigated party are rejected in their entirety!”

“With respect to the matters involved in this case concerning the crime of false accusation and false implication, and the use of illegal evidence constituting false evidence, this court will initiate public prosecution toward the relevant departments and proceed through the supplementary procedure.”

“According to the provisions of our country’s Litigation Law, if the litigated party believes that there are any problems or doubts regarding the court’s determination and judgment, it may initiate supervisory review toward the relevant units, or make a request for retrial.”

“The judgment of the hearing has been fully announced.”

“The written judgment shall be sent to all litigation parties within ten days after the close of the court.”

Bang!

The sound of the falling gavel directly struck the hearts of Li Shuangjun and Gu Bin.

The two of them had originally had an expectation in their hearts that this lawsuit might determine that Quan’an Insurance had maliciously accused someone.

But when the determination truly came down, both of them were slightly stunned.

It was decided?

It was really decided?!

And not only was it decided, but the relevant responsible persons were also to be pursued for false implication, false accusation, and false evidence liability, and afterward public prosecution would need to be initiated.

This.

With respect to these latter two points, neither of them had any psychological expectation whatsoever.

The expressions on both of their faces were ugly.

At the same time, they also realized.

That this time, in this lawsuit, they had not merely lost in court, but that the consequences and trouble caused were far greater than they had imagined.

Li Shuangjun rubbed his brow, and before he could speak, a judicial police officer had already come in front of Li Shuangjun and Gu Bin.

“The two lawyers will subsequently need to go through the public prosecution process, so please cooperate with our work and accept review and investigation.”

Li Shuangjun: ???

Gu Bin: ?!?!

It was over.

There was no opportunity being given at all.

At the same time.

On the other side of the hearing.

After seeing the scene at the site, Prosecutor Hu Bing let out a long sigh.

He did not say a single word, and left the courtroom.

He Dongsheng first thanked the presiding judge’s seat.

“Thank you, Judge.”

Du Linmu smiled and spoke: “There is no need to thank me. This is only a normal courtroom judgment.”

After saying that, he left the courtroom together with the other two adjudicators.

Immediately afterwards.

He Dongsheng came again before Su Bai and raised the thumb of his intact hand.

“Thank you, Lawyer Su.”

Su Bai smiled and nodded. “This is what I should do as entrusted counsel.”

“Alright.”

“At present, the courtroom stage can be regarded as ended, but the aftermath of the case has not yet ended.”

“Let us go back first.”

“Lawyer Li, tidy up the materials. We are preparing to leave.”

“Oh.”

“Alright, Lawyer Su.”

Li Xuezhen’s little face nodded excitedly. Two of them were taken at once, and she was looking forward to what would happen next.