You became a lawyer and sent the judge in?
Chapter 93 Su Bai: Does filing a lawsuit count as illegal and malicious? Judge: Judgment! Guo Xiaoju
Faced with Su Bai's lawsuit, the three parties to the lawsuit showed different reactions.
at the same time.
Outside the court hearing.
Dong Cheng frowned slightly after hearing Su Bai's lawsuit.
This lawsuit cannot be lost.
If he loses, not only will his company have big problems, but he himself will also have big problems!
Zhang Changli, the Minister of Legal Affairs, carefully looked at Dong Cheng's expression and spoke confidently: "Mr. Dong, don't worry!"
"Don't worry, in this case, even if the other party wins, we will only pay a few hundred thousand at most, and it won't have a big impact on our company."
Dong Cheng was immediately unhappy when he heard that the other party had won the case!
This is a question of whether the other party can win or not! ?
no!
This is the problem he wants the other party to squat in. Hundreds of thousands of dollars are nothing compared to other impacts!
If Guo Xiaojun had not insisted on suing him, he would not have bribed Ma Li if he was afraid that Guo Xiaojun would make a big fuss and have a bad impact on the company!
just in case
If Guo Xiaojun wins the case, all his previous efforts will be in vain!
"This lawsuit must be won. Don't say anything about the other party winning! You heard me!"
Facing Dong Cheng's roar, Zhang Changli nodded awkwardly: "Okay, Mr. Dong. I understand."
"Well, keep reading."
Dong Cheng nodded slightly and continued to look at the live broadcast of the trial.
In the court hearing, at the presiding judge's seat, after hearing Su Bai's lawsuit request, the presiding judge Xu Chunxing briefly looked through the litigation materials, then raised his head and scanned around the courtroom scene.
Looking at it now
One to three
Obviously, this lawsuit occupies a bad disadvantage for the litigants.
The first thing to determine in this case is one thing.
First, whether Guo Xiaojun’s behavior is extortion, as long as it is confirmed to be extortion, there is no need to talk about anything else!
After clearing his mind, the presiding judge Xu Chunxing banged the gavel.
Boom, boom, boom!
"The litigant's application has been stated."
"With regard to the application grounds stated by the litigant, this court has one point that needs to be inquired about."
"Litigation party, please elaborate on your reasons for applying to find that Guo Xiaojun did not commit extortion."
"Good judge."
Su Bai nodded slightly, arranged his suit, and then took out the corresponding materials from the materials, and slowly said:
"Presiding judge, I would like to first ask our client to state the cause of the incident and ask a few questions related to this case."
Boom, boom, boom!
"application passed!"
"Guo Xiaojun, you can start to state what happened, and the litigant's lawyer can ask questions."
"But it should be noted that everything you say and do will be recorded by the court, and no violations will be allowed."
"Good judge."
Su Bai nodded slightly, his eyes fell on Guo Xiaojun, and motioned for him to make a statement.
Commander Guo Xiaojun took a breath and remembered that Su Bai had asked him if he wanted to win the lawsuit, so he answered accordingly.
Su Bai told himself that he would answer whatever he asked him in court, but there was one thing he was not allowed to lie about.
It seems that this answer is very crucial!
After thinking about this.
Guo Xiaojun then calmly described the cause of the incident.
"President, the cause of the matter is this"
"My daughter has just turned two years old. As a person with an annual income of nearly one million, I hope that my daughter can have a better life in all aspects, both materially and spiritually. .”
"So I pay special attention to my daughter's infant milk powder. I hope my daughter can grow up healthily. It is best to lay a good foundation for good health when she is young."
"On the recommendation of a friend."
"I purchased Aibo milk powder, but what I didn't expect was that after drinking Aibo milk powder for a period of time, my daughter became seriously ill. I suspected that there was something wrong with the milk powder."
"So I took it to a professional institution for inspection. The result of the inspection was that there was a big problem with this milk powder."
"Later, I took Aibo milk powder to court and made a claim."
"But I didn't expect it!"
"This Aibo milk powder company is so shameless!"
Guo Xiaojun became angrier as he spoke, his face turned red and his tone was excited.
"."
"Ahem."
Seeing that Guo Xiaojun was a little excited, Su Bai coughed twice to indicate that it was time to stop there.
When you are so emotionally charged, it is easy to say the wrong thing if you continue talking.
After Guo Xiaojun heard Su Bai's dry cough, he realized that he was a little emotional, so he immediately stopped talking.
At this time, Ma Li's defense lawyer, Wang Manting, an old lawyer who was nearly fifty years old, raised his hand:
"President, the litigant's lawyer just coughed and interrupted Guo Xiaojun's words. I think there is intentional suspicion and apply to suspend the parties' statements and the litigant's lawyer's questions."
Su Bai: "?"
No, you are quite old and you want to be a litigant?
What's wrong with me coughing twice?
You have a sore throat, right?
Fortunately, the presiding judge Xu Chunxing looked at Wang Manting's lawyer's seat and simply reminded him: "The application is rejected!"
"However, the lawyers of the litigants should be reminded not to interfere with the normal judicial process."
"Okay, Judge."
After Su Bai finished speaking, he noticed that Li Xuezhen focused her eyes closely on Wang Manting, and nodded with satisfaction.
This old litigator!
I still want to interrupt him!
Xiao Li, stare at him!
Guo Xiaojun's statement and questioning had not stopped yet, Su Bai continued to ask:
"Mr. Guo, I would like to ask you, why did you increase the amount of the claim?"
"Because, at the beginning, I didn't plan to ask for so much, but my wife, Ma Li, said"
"It's inappropriate to say that my annual salary is nearly one million, and my daughter has suffered so much harm, and it's inappropriate to only ask the other party to pay such a small amount of money."
"Furthermore, Aibo Milk Powder hinted to me that the amount of compensation could be negotiated, so I filed a lawsuit claiming five million."
"Okay, thank you Mr. Guo for your cooperation."
Immediately afterwards, Su Bai looked at the presiding judge's seat: "Presiding judge, my questions are over."
"Then begin your plea."
The presiding judge Xu Chunxing looked down at the materials and spoke slowly.
"Good judge."
After Su Bai sorted out a few pieces of information from the materials, he stated:
"This case."
"It was Aibo Milk Powder that accused us of extortion, and the reason why we were determined to be extortion is:"
“Our client’s application for litigation compensation far exceeds the relevant provisions of the Compensation Law and Food Law.
The other party's complaint is that the food safety and medical expenses totaled 50,000 yuan. According to relevant legal provisions, the maximum compensation is ten times, and the compensation should be 500,000 yuan. "
"But we proposed a compensation amount of five million."
"It far exceeds the legal limit. Therefore, our claim is deemed to be extortion and we have raised objections."
"The objections are as follows:"
"One: The method of compensation proposed by us is civilized and does not meet the conditions for extortion or threats."
"Two: The claim we make subjectively does not have malicious intent. We make the claim from our own perspective, which does not constitute a malicious claim."
"Three: The crime of extortion is the act of extorting public or private property by threatening or coercing the victim with the purpose of illegal possession. We are not aiming for illegal possession."
“Our way to claim compensation is to sue!”
“The claim is made through litigation in court!”
"Don't say 5 million, even if we claim 10 million, it is a reasonable claim, and we should not be judged as extortion!"
"If we are judged to be extortion, does it mean that we are seeking compensation through prosecution for the purpose of illegal possession?!"
"If it is prosecuted, it is for the purpose of illegal possession!"
"Then we are deemed to be extorting, and we have nothing to say!"
This last point is also the most critical.
You're calling me a blackmailer, good guy! Is it illegal to file a claim through court? !
Don't be outrageous! !
I wasn't there during the first trial. Guo Xiaojun's lawyer was too bad. You bullied others. How dare you say you are sure about the second trial? Believe it or not, don't leave today!
Don't all leave! Leave no one behind!
and.
This is a live broadcast of the trial!
Su Bai cast his gaze on the prosecutor's seat. It could be seen that the prosecutor's lawyer's brows were furrowed. What did he say?
The other party’s question was a bit tricky!
Meanwhile, outside the courtroom.
Luo Daxiang watched the content of the trial and couldn't help but applaud the questions raised by Su Bai.
This is a good question!
If it is illegal to sue for compensation, then what else is illegal? ?
When the crowd in the live broadcast room heard Su Bai's words, they immediately became excited!
"Well said, Damn, this case is outrageous to begin with, this question is a key point!"
"Fuck! That's so good. This lawyer is really good! The question goes directly to the opponent's weak spot!"
At the same time, the focus of the live broadcast of the court trial was on Su Bai, who commented in the live broadcast room:
"This lawyer looks familiar. I seem to have seen him somewhere. Mr. Luo, could it be that his court trial was broadcast live before?"
"Yes, yes, it looks familiar to me, I just feel like I've seen it before!"
“+1+1.…”
.
….….
Luo Daxiang nodded slightly: "If you look familiar, you must be an old fan. This lawyer is indeed the lawyer who worked on the Nandu Bank case earlier and the Qifeng case last time!"
"A top criminal lawyer!"
A fan commented:
"No wonder. This lawyer is really awesome! Hahaha, I just said that I have seen it. The Nandu Bank case and the Qifeng case are both big cases! This lawyer can be called a top criminal lawyer!"
"Seconded.…"
.
….
Some people were happy while others were unhappy watching the live broadcast of the court hearing.
In the office of General Manager Aibo, Dong Cheng took a deep breath:
"Chang Li, do you think the prosecutor can handle this Su Bai?"
Zhang Changli smiled slightly and did not express his position:
"Mr. Dong, I'm not very clear about this either. Let's continue reading!"
Dong Cheng's expression was a little nervous, but he didn't show too much in front of Zhang Changli.
In the courtroom, at the presiding judge's seat.
Facing Su Bai's question, the presiding judge frowned slightly. This was a live broadcast of the trial, and the question raised by Su Bai was indeed too targeted!
If the answer is not good, it will be a court accident!
And it was a very serious court incident!
Turning his head, the presiding judge Xu Chunxing looked at the prosecutor's seat: "Now please speak to the prosecutor's lawyer."
The prosecution lawyer smiled helplessly.
Su Bai's question was really a bit explosive.
He also knew this question in his heart. If he answered it incorrectly, it would be a very serious court accident. As a public prosecutor lawyer, he would no longer need to work.
For a moment, he couldn't say anything.
Of course, he could also see that there were indeed certain problems with this case, and there was no problem in convicting Guo Xiaojun.
If you talk too much, you will be in danger. You are just a prosecutor's lawyer and a public prosecution lawyer, so you have to express your attitude.
In response to Su Bai's question, the prosecutor's lawyer calmed down his emotions and asked several related questions:
"Presiding judge, we have a few simple questions for the litigants."
"First: Does Guo Xiaojun know the relevant laws and regulations regarding claims? Why did he first claim for 700,000 yuan, and then claim for 5 million yuan? , will there be any behavior that violates the law knowingly?"
"Second: There is a key point in the accusation against Guo Xiaojun.
Among them was a letter of accusation. The content of the accusation letter was described by Guo Xiaojun's wife Ma Li, and it was about Guo Xiaojun's intention to extort money.
Is Guo Xiaojun consistent with the description in the complaint letter, or did he not intend to engage in extortion at the beginning, but later proposed 5 million with the intention of extortion? "
"We need to understand the above two issues clearly."
"Presiding judge, the prosecutor has finished speaking."
After listening to the prosecutor's speech, Su Bai nodded slightly. It must be said that the other party's two questions hit the point.
If you know the relevant laws and regulations, then you are expressing your subjective intention to maliciously extort money.
But if you don’t know, then it’s just subjective intention without malicious intent.
The second question is from a normal perspective.
After Su Bai asked questions, the prosecutor was able to ask questions from this angle, which shows that his level is good!
The judgment seat, the seat of the presiding judge.
Boom, boom, boom!
Xu Chunxing banged the gavel: "Litigation party, in response to the prosecutor's question, can you produce the corresponding evidence?"
"Yes, Judge."
Su Bai quickly pulled out a few pieces of materials from the litigation materials:
“Presiding Judge, based on Guo Xiaojun’s statements to relevant law enforcement units during the period of his appeal, Guo Xiaojun was obviously unaware of the relevant provisions on compensation.
The initial claim for 700,000 yuan was similar to 50,000 yuan, but this also exceeded the legal limit and was not within the reasonable legal scope of claiming 500,000 yuan.
700,000 has exceeded the regulations, and has exceeded 500,000 and 200,000, with the amount exceeding 1/3.
If Guo Xiaojun knew the relevant regulations, he would not have filed a claim for 700,000 yuan, because this is obviously illegal.
The key to filing a claim is that it is for his own income, and among the above, Ma Li's influence is related to the negotiations proposed by Aibo Enterprises. "
"That means there is no violation of the law."
"at the same time."
"According to the evidence presented by relevant law enforcement units, it has been shown that Guo Xiaojun's various confessions and evidence indicate that his words and deeds are consistent, and there is no change in his words."
"Similarly, if he had the intention of extortion from the beginning, why didn't he propose a compensation amount of 5 million from the beginning?"
"But the compensation amount was later increased to 5 million?"
"I hope the judges will take this into consideration."
Su Bai handed over the relevant certification materials to the staff around him.
After the presiding judge received the corresponding evidence materials and looked at them carefully, he already had an idea in his mind.
This case already had certain problems, and now Su Bai has raised such an explosive point of view.
There is no longer any ambiguity about the verdict of not guilty.
Immediately afterwards, the presiding judge Xu Chunxing turned to look at the prosecutor: "Prosecution lawyer, do you have anything to add?"
All the questions that need to be asked have been asked.
The prosecution lawyer said: "President, the prosecution has no additional evidence."
"Does the prosecutor have any objections to the issues raised by the litigant?"
Who dares to object to this question?
Presiding judge, you raise this question.
Presiding judge, do you think you dare to object?
"President, the prosecutor has no objection."
"good!"
Xu Chunxing nodded solemnly and banged the gavel.
Boom, boom, boom!
"The first-instance judgment against Guo Xiaojun lacked factual evidence and lacked strong evidence to prove that Guo Xiaojun committed the crime of extortion. It is temporarily determined that Guo Xiaojun does not have the criminal facts of extortion."
"Follow up, when the judgment comes, make the judgment!"
Boom, boom, boom!
When the gavel fell, Guo Xiaojun was filled with excitement: "Thank you, presiding judge!"
Thinking of the verdict of the first instance and comparing it with the verdict of the second instance, Guo Xiaojun couldn't help crying.
PS: Please vote for me~
I really didn't mean to be careless.
Sorry. I will try my best to write it completely next time and try to update it!
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