Chapter 92: Su Bai: Does Resorting to Litigation Count as Illegal Malice? Judge: Determination! Guo Xiaojun Is Not Guilty!

Faced with the litigation claims raised by Su Bai, the three accused parties all displayed different reactions.

At the same time.

Outside the courtroom.

After hearing Su Bai’s litigation claims, Dong Cheng slightly frowned.

This lawsuit could not be lost.

If it were lost, not only would his enterprise face major problems, he himself would also face major problems.

The head of the legal affairs department, Zhang Changli, carefully observed Dong Cheng’s expression and spoke confidently: “Director Dong, please rest assured!”

“You may be completely at ease, even if the other side wins this case, at most we will only have to pay several hundred thousand, and it will not cause too great an impact on our enterprise.”

As soon as Dong Cheng heard the phrase that the other side might win, he immediately became displeased.

Was this a question of whether the other side would win or not?

No!

This was a question of his wanting the other side to be sent in, several hundred thousand yuan, compared with the other consequences, counted for nothing.

If Guo Xiaojun had not insisted on suing him at the time, and if he had not feared that Guo Xiaojun would make the matter bigger and create an adverse effect on the enterprise, he would not have bought off Ma Li.

If.

If Guo Xiaojun won the case, then all of the effort he had previously expended would have been wasted.

“This lawsuit must be won, do not say things about the other side winning, did you hear me!”

Facing Dong Cheng’s roar, Zhang Changli nodded awkwardly: “Understood, Director Dong.”

“Mm, continue watching.”

Dong Cheng slightly nodded and continued looking at the live broadcast of the trial.

In the courtroom, at the seat of the presiding judge, after hearing Su Bai’s litigation claims, Presiding Judge Xu Chunxing briefly flipped through the litigation materials, and then raised his head and swept his gaze around the courtroom.

From the current situation.

One side against three.

Clearly, this lawsuit placed the litigation side at a disadvantage.

The first point that had to be determined in this case was one thing.

First, whether Guo Xiaojun’s conduct constituted extortion, because once it was confirmed to be extortion, there would be no need to discuss anything else.

After clarifying his train of thought, Presiding Judge Xu Chunxing struck the gavel.

Bang bang bang!

“The litigation party has completed the statement of its litigation claims.”

“With respect to the grounds for the claims stated by the litigation party, this court has one point that requires inquiry.”

“Litigation party, what is your reason for applying for a determination that Guo Xiaojun did not commit extortion, please provide a detailed exposition.”

“Understood, Presiding Judge.”

Su Bai slightly nodded, straightened his suit, and after taking out the relevant materials from the documents, slowly spoke:

“Presiding Judge, I would first like to ask our client to state the origin and course of events, and to ask several questions related to this case.”

Bang bang bang!

“Application approved!”

“Guo Xiaojun, you may begin stating the origin and course of events, and counsel for the litigation party may question you.”

“However, it must be noted that every word and action of yours is being recorded by the court, and no irregular conduct is permitted.”

“Understood, Presiding Judge.”

Su Bai slightly nodded, his gaze falling upon Guo Xiaojun, indicating that he should begin his statement.

Guo Xiaojun let out a long breath, recalling that Su Bai had asked him whether he wanted to win a major case, and that he had answered yes.

Su Bai had told him that in court he should answer whatever Su Bai asked him, but that there was one point, namely that he was not permitted to lie.

It seemed that this answer was crucial.

After thinking of this.

Guo Xiaojun immediately described the origin and course of events in a calm and composed manner.

“Presiding Judge, the origin of the matter was as follows.”

“At that time, I looked at certain domestic sales rankings, and then chose to purchase what I believed to be relatively good, namely the product of the accused party.”

“But what I did not expect was that because of this matter, I would suffer so much.”

“At that time, I purchased that product, but after my child consumed that product, serious physical discomfort appeared.”

“After that, I had the product tested, but who could have expected that there really was a problem!”

The more Guo Xiaojun spoke, the angrier he became, his face reddening and his tone becoming emotional.

Seeing that Guo Xiaojun’s emotions had become somewhat agitated, Su Bai lightly coughed twice to indicate that it could stop here.

Cough cough.

If his emotions became this agitated, then if he continued speaking he would easily say the wrong thing.

After hearing Su Bai’s light cough, Guo Xiaojun also realized that his emotions had become somewhat agitated, and therefore immediately stopped speaking.

At this time, Ma Li’s defense lawyer, Wang Manting, an older lawyer of nearly fifty years of age, raised his hand:

“Presiding Judge, counsel for the litigation party just lightly coughed and interrupted Guo Xiaojun’s words, I believe there is a suspicion of intentionality, and I request suspension of the party’s statement and the questioning by counsel for the litigation party.”

Su Bai: “?”

No, at your age, have you come out to act as a pettifogger?

What is wrong with my coughing twice?

Is a sore throat not allowed?

Fortunately, Presiding Judge Xu Chunxing looked toward Wang Manting’s counsel seat and merely gave a brief reminder: “Application denied!”

“However, counsel for the litigation party is hereby reminded once that normal judicial procedure must not be interfered with.”

“Understood, Presiding Judge.”

After speaking, Su Bai noticed that Li Xuezhen had fixed her gaze tightly upon Wang Manting, and nodded in satisfaction.

This old pettifogger.

Still wanted to interrupt him!

Little Li, glare at him!

The questioning of Guo Xiaojun’s statement had not yet been suspended, and Su Bai continued questioning:

“Mr. Guo, I would like to ask you, why did you increase the amount of compensation sought?”

“Because at the beginning, I had not planned to ask for that much, but my wife, namely Ma Li, said.”

“She said that my annual salary was nearly one million, and my daughter had suffered such great harm, so requesting the other side to compensate so little money was inappropriate.”

“In addition, Aibao Milk Powder hinted to me that the amount of compensation could be negotiated, and therefore I proposed a litigation compensation amount of five million.”

“Very well, thank you, Mr. Guo, for your cooperation.”

Immediately afterward, Su Bai again looked toward the seat of the presiding judge: “Presiding Judge, my questioning is complete.”

“Then begin your argumentation.”

Presiding Judge Xu Chunxing lowered his head and glanced at the materials, then slowly spoke.

“Understood, Presiding Judge.”

After organizing several sheets of material from the documents, Su Bai stated:

“In this case.”

“It was Aibao Milk Powder that accused our side of extortion, and the reason for determining that our side committed extortion was as follows:”

“Our client’s claimed litigation compensation far exceeded the relevant provisions of the Compensation Law and the Food Safety Law.”

“The accusation made by the other side was that the food safety issue and the medical expenses totaled fifty thousand yuan, and according to the relevant legal provisions, the maximum compensation should be ten times, and therefore the compensation should be five hundred thousand yuan.”

“However, our side proposed an amount of compensation of five million yuan.”

“This amount far exceeded the legal boundary prescribed by law, and on that basis they determined that our side’s compensation demand constituted extortion, and they raised an objection against our side.”

“The objections are as follows:”

“First, the manner in which our side raised the compensation demand was civilized, and it did not satisfy the conditions of extortion or of threatening and intimidating conduct.”

“Second, the compensation sought by our side did not possess malicious subjective intent, but rather proceeded from our own perspective in seeking compensation, and therefore does not constitute malicious compensation seeking.”

“Third, the crime of extortion is conduct undertaken for the purpose of illegal possession, by way of threatening or coercing the victim, to forcibly demand public or private property, and our side did not act for the purpose of illegal possession.”

“The manner in which our side sought compensation was by filing a lawsuit!”

“It was by means of litigation through the court that compensation was sought!”

“Not to mention five million, even if our side sought ten million in compensation, that would still be a reasonable manner of seeking compensation, and our side should still not be determined to have committed extortion!”

“If our side is determined to have committed extortion, is it to be said that seeking compensation through the filing of a lawsuit is for the purpose of illegal possession?!”

“If filing a lawsuit is for the purpose of illegal possession!”

“Then if that is the basis on which our side is determined to have committed extortion, our side has nothing to say!”

This final point was also the most crucial point.

You are saying that I committed extortion, astonishingly, and that my filing a lawsuit in court to seek compensation is also illegal?

Do not be absurd.

At the first instance, I was not present, and Guo Xiaojun’s lawyer was too weak, so you bullied him, but in the second instance, if you dare to say with certainty, do you believe that today you should not leave?

None of you should leave, not one of you should be spared.

Moreover.

This was a live broadcast trial.

Su Bai directed his gaze toward the prosecution’s seat, and it could be seen that the prosecutor’s brows were tightly furrowed, which made it difficult for him to respond.

At the same time, outside the courtroom.

Luo Daxiang watched the content of the trial and could not help applauding the question raised by Su Bai.

This question was well asked!

If filing a lawsuit to seek compensation was also called illegal, then what would still count as lawful?

After hearing Su Bai’s words, the people in the live broadcast room immediately became energized.

Well said, this case was absurd to begin with, and this question has reached the key point!

Damn! That was so well said, this lawyer truly has skill, the question went directly to the other side’s fatal weakness!

At the same time, the focal point of the live trial broadcast gathered upon Su Bai, and comments appeared in the broadcast room:

This lawyer seems somewhat familiar, I feel as though I have seen him somewhere before, Teacher Luo, could it be that you previously live broadcast one of his trials?

Yes, yes, I also think he looks somewhat familiar, it is just that I feel I have seen him!

+1 +1.

Luo Daxiang slightly nodded: “Those who feel he looks familiar should be old followers, this lawyer indeed was the lawyer in that earlier Nandu Bank case and in the previous Qifeng case!”

“A top criminal lawyer!”

A fan commented:

No wonder. This lawyer is indeed formidable! Hahaha, I said that I had seen him before, both the Nandu Bank case and the Qifeng case were major cases! This lawyer can be called a top criminal lawyer!

I concur.

Among those watching the live trial broadcast, some were pleased and some were displeased.

Inside the office of Aibao’s general manager, Dong Cheng took a deep breath:

“Changli, do you think the prosecution can deal with this Su Bai?”

Zhang Changli smiled slightly, but did not state a position:

“Director Dong, I am not very clear on that either, let us continue watching.”

Dong Cheng’s expression became somewhat tense, but in front of Zhang Changli, he did not display too much of it.

In the courtroom, at the seat of the presiding judge.

Faced with Su Bai’s question, the presiding judge slightly frowned, because this was a live broadcast trial, and the question raised by Su Bai was indeed too sharply targeted.

If it were not answered properly, it would become a courtroom accident.

And a very serious courtroom accident at that.

Turning his head, Presiding Judge Xu Chunxing looked toward the prosecution’s seat: “The prosecutor may now speak.”

The prosecutor smiled helplessly.

The question raised by Su Bai was truly somewhat explosive.

He also understood clearly in his heart that if he answered this question incorrectly, it would be a very serious courtroom accident, and he himself, as a prosecutorial lawyer, could be said to be directly finished in this line of work.

For a moment, he also did not know quite what to say.

Of course, he could also see that this case indeed had certain problems, and there was no problem at all in determining Guo Xiaojun not guilty.

If he said too much, he himself would also be in danger, he was only the prosecutorial lawyer, the public prosecutor after all, and merely making a statement of position would be sufficient.

With respect to Su Bai’s question, the prosecutor slightly adjusted his emotions and then put forward several related questions:

“Presiding Judge, with respect to the litigation party, our side raises several simple questions.”

“First: did Guo Xiaojun know the relevant laws and regulations concerning compensation, and why did he first seek seven hundred thousand yuan, and afterward seek five million yuan, seven hundred thousand yuan is close to five hundred thousand yuan, and with the initial demand being seven hundred thousand yuan and the subsequent demand being five million yuan, could there have been conduct of knowingly violating the law.”

“Second: according to the accusation against Guo Xiaojun, there is one key point.”

“Among the materials there is a letter of accusation, the contents of which were described by Guo Xiaojun’s wife Ma Li, stating that Guo Xiaojun had the intention of engaging in extortion.”

“Whether Guo Xiaojun was consistent with the description in the accusation letter, or whether at the beginning he did not intend to engage in extortion, but afterward, by demanding five million yuan, he came to possess an intention of extortion.”

“With respect to the above two questions, the matter needs to be clearly understood.”

“Presiding Judge, the prosecution has completed its statement.”

After hearing the prosecution’s statement, Su Bai slightly nodded, it had to be said that the other side’s two questions directly struck the key points.

If he knew the relevant regulations, then what was expressed would be malicious subjective intent to extort.

But if he did not know, then there would be no malicious subjective intent.

As for the second question, it proceeded from a normal angle.

After Su Bai’s questioning, the fact that the prosecution could raise questions from this angle showed that their level was not bad.

On the trial bench, at the seat of the presiding judge.

Bang bang bang!

Xu Chunxing struck the gavel: “Litigation party, with respect to the questions raised by the prosecution, can your side produce corresponding evidence?”

“Yes, Presiding Judge.”

Su Bai quickly drew several sheets from the litigation materials:

“Presiding Judge, according to Guo Xiaojun’s statements during the period in which he was under appeal, as reflected by the relevant law enforcement units, Guo Xiaojun was clearly unaware of the relevant rules concerning compensation.”

“The initial compensation demand of seven hundred thousand yuan was close to five hundred thousand yuan, but this amount likewise already exceeded the legal limit and did not fall within the legally prescribed reasonable range of compensation of five hundred thousand yuan.”

“The amount of seven hundred thousand yuan already involved exceeding the prescribed standard, and had already exceeded five hundred thousand yuan by two hundred thousand yuan, with the amount exceeding the limit by more than one third.”

“If Guo Xiaojun had known the relevant regulations, then he would not have proposed compensation of seven hundred thousand yuan, because this was clearly unlawful conduct.”

“The key to his compensation demand lay in the fact that it related to his own income, as well as Ma Li’s influence and the negotiation suggestion raised by Aibao Enterprise.”

“Therefore, there was no such situation as knowingly violating the law.”

“At the same time.”

“According to the evidence issued by the relevant law enforcement units, it has already been shown that Guo Xiaojun’s various statements and evidence all consistently point to the same conclusion, and there was no situation in which he changed his account.”

“Likewise, if he had possessed an intention of extortion from the very beginning, then why did he not demand five million yuan in compensation from the outset?”

“Why was the demand only later increased to five million yuan?”

“With respect to this point, I hope that the adjudicators will take it into consideration.”

Su Bai handed the relevant supporting materials to the staff member beside him.

After the presiding judge received the corresponding evidentiary materials and examined them carefully, he already had an idea in his mind.

This case had originally contained certain problems, and now Su Bai had raised such an explosive argument.

There was no longer any point of hesitation regarding a determination of not guilty.

Immediately afterward, Presiding Judge Xu Chunxing turned his head and looked toward the prosecution again: “Prosecutor, do you have anything further to supplement?”

Everything that needed to be asked had already been asked.

The prosecutor spoke: “Presiding Judge, the prosecution has no further evidence to supplement.”

“With respect to the questions raised by the litigation party, does the prosecution have any objections?”

This.

Who would dare to have objections to that question?

Presiding Judge, by asking this question.

Presiding Judge, do you think you would dare to have objections?

“Presiding Judge, the prosecution has no objections.”

“Very well!”

Xu Chunxing nodded solemnly and struck the gavel.

Bang bang bang!

“With respect to the first instance judgment against Guo Xiaojun, the factual evidence is insufficient, and there is a lack of strong evidence proving that Guo Xiaojun committed the criminal act of extortion, and it is therefore preliminarily determined that Guo Xiaojun does not possess the criminal facts constituting extortion.”

“A final determination shall be made at the time of judgment later!”

Bang bang bang!

As the gavel fell, Guo Xiaojun became extremely emotional: “Thank you, Presiding Judge!”

Recalling the judgment in the first instance, and comparing it with the determination in the second instance, Guo Xiaojun could not help but shed tears.