I was watched by the Internet police during the live broadcast of law popularization?
Chapter 312 The judge is shocked!Is this how you litigate?
Chapter 312 The judge is shocked!Is this how you litigate?
Returning to the hotel, Li Chen spent the afternoon sorting out his indictment.
This is a very simple indictment with only two reasons:
First, Shangdu Bank clearly knew that Huang Dafa's purpose of withdrawing money was to save his father, and did not open the bank's green channel for emergency rescue. It repeatedly asked Huang Dafa to go through the procedures, which is causally related to Huang Dafa's case.
Second, the staff of the bank knew that Huang Dafa was a user who was withdrawing money, but did not truthfully explain it to the case-handling agency of the Wushu Association. This led to Huang Dafa being mistaken for a bank robber by the investigators.
This is just like what Huang Dafa said.
If the bank had explained the process clearly to him on the same day, he would not have gone to the bank again and again.
If he hadn't delayed this matter until the next day, he wouldn't have met the gang of bank robbers...
The next day.
At eight o'clock in the morning, Li Chen went to the local court with his indictment.
ten o'clock.
Reception room.
The presiding judge Zhu Anping held his indictment and fell into deep thought.
He had also heard of Li Chen's reputation, and it was precisely because of this that he took this case so seriously.
Some do not understand.
Huang Dafa was mistakenly arrested by law enforcement agencies, and the relevant personnel are currently under investigation.
Speaking of banks’ responsibilities…
What responsibility can banks have?
After all, the people who arrested Huang Dafa were law enforcement agencies, not banks...
If you don't understand, then call him and ask him to come over and explain...
With this purpose in mind, Judge Zhu called Li Chen and made an appointment to meet.
Three o'clock in the afternoon.
Judicial Court Grading Room.
Judge Zhu and Li Chen introduced themselves to each other, and the atmosphere was very harmonious.
"That's right, I called you here today because of your indictment.
I have read the indictment..."
Judge Zhu started to get straight to the point.
Why should Shangdu Bank be blamed for Huang Dafa's incident? Isn't the fee of more than 100 million a bit outrageous?
"Is such that…"
After hearing this, Li Chen also started his own explanation:
"Before Huang Dafa was arrested, he went to the bank many times to withdraw money. This was actually the result of the inaction of bank staff.
Because as early as a few years ago, the state had put forward requirements for the banking sector, and many banks also have such a channel.
I have also found many examples on the Internet of banks opening green channels for withdrawals.
To put it bluntly, only the bank can send two people to the hospital to check whether Huang Dafa's reason for withdrawing money is true or false. "
Judge Zhu nodded after hearing this.
This is also a problem with Shangdu Bank.
But you can only say that they are impersonal, but you cannot say that there is something wrong with someone just because they don't open a green channel for you.
Because this is not a hard and fast rule, it is not a must...
“The second point is the most important point.
The staff of Shangdu Bank knew clearly Huang Dafa's purpose of withdrawing money, but instead of verifying it, they told the investigators that Huang Dafa's behavior was very abnormal.
What is his abnormality?
Entering and exiting the bank many times is a point of confusion for the uninitiated.
And where did this incident come from? Wasn't it caused by the bank itself?
If Huang Dafa withdraws money for the first time, the bank staff has clearly informed him of all the materials needed to withdraw money on behalf of others, and Huang Dafa still goes to the bank many times even after knowing it, or his behavior is obviously abnormal and he wanders around every day Around the bank, if he goes into the bank and doesn't withdraw money, he just sits there and waits, we regard him as a person with abnormal behavior. It is not an exaggeration to say that he is setting foot for people who rob the bank in advance, don't you think? "
Having said this, Li Chen asked again, wanting to bring the judge into his own rhythm and let him follow his thoughts...
"Well..." Judge Zhu nodded after hearing this.
That's the thing.
I went to the bank many times to go shopping without doing business, or appeared around the bank, and then a bank robbery occurred the next day...
You said you weren't stepping on the spot, so what were you doing?
“They knew clearly that Huang Dafa was an ordinary citizen doing business to withdraw money, but they reported to the law enforcement agencies that Huang Dafa’s behavior was abnormal.
The case-handling agency also followed their lead, which led to Huang Dafa being wrongfully accused of being an accomplice of the robber. "
At this point, Li Chen's expression became a little serious: "As for the law enforcement officer who operated illegally, I saw him in the morning. To be honest, he is a good policeman.
I have been on the front line for many years and almost died gloriously on several occasions.
Why would such a good policeman do such an outrageous thing?
I think it was precisely because of the words of the Shangdu Bank staff that the policeman mistakenly regarded Huang Dafa as a robber.
If they hadn't talked nonsense, the policeman wouldn't have treated Huang Dafa as a robber. "
Abnormal behavior + abnormal feedback from bank staff = Huang Dafa’s criminal facts.
Motive:
Rob a bank to save his critically ill father.
Specific actions:
Entered and exited the bank many times…
With such abnormal behavior, you still say that you are not a robber?
If this is understood, then what happened to Huang Dafa is not surprising.
after all…
No prisoner will truthfully confess his crime...
Huang Dafa was very smart. He created a perfect persona for himself under the guise of withdrawing money, and easily cleared himself of criminal suspicion.
Then again, if you want to withdraw money on behalf of others, why don't you ask in advance what you need?
The Wushu Association personnel handling the case did not know that it was the bank employees who did not truthfully explain to Huang Dafa.
One asked and the other impatiently said one after another, making you run back and forth...
After listening to Li Chen's words, Judge Zhu was also a little confused.
At this moment, he also believed that the bank was guilty.
Those people not only harmed an ordinary citizen who was in urgent need of money, but also harmed several outstanding martial arts police officers.
This is what you deserve! !
It seems that just compensation is not enough for people like them...
Gotta go to jail! !
As for the so-called compensation amount.
Huang Dafa was detained for nearly a year, and his mental damages cannot be measured in money.
And what about family?
The originally harmonious family of three was also torn apart because of this incident.
Can more than 100 million allow Huang Dafa to go back to the past?
If so, then Huang Dafa can ask for nothing...
But now that things are like this, there is no way to go back to the past. He can only think of other ways to make Huang Dafa not sad.
And the only way to comfort Huang Dafa is money...
The two chatted for more than half an hour, and Judge Zhu also understood why Li Chen won...
Good guy, who can resist a lawsuit like this?
Many theories have evolved based on the existing facts, and you clearly feel that these theories are wrong, but after listening to them, you feel that they should be like this...
Not only did he remember a passage he had seen on the Douyin platform, the content was a screenshot of Li Chen's passage.
"If I want to cause trouble, it is absolutely impossible for the case handling agency to catch me..."
It seemed outrageous at the time, but now I think it's true.
If he wants to cause trouble, even if he is caught, judges like them will not dare to sentence him...
Trial launch
(End of this chapter)
Returning to the hotel, Li Chen spent the afternoon sorting out his indictment.
This is a very simple indictment with only two reasons:
First, Shangdu Bank clearly knew that Huang Dafa's purpose of withdrawing money was to save his father, and did not open the bank's green channel for emergency rescue. It repeatedly asked Huang Dafa to go through the procedures, which is causally related to Huang Dafa's case.
Second, the staff of the bank knew that Huang Dafa was a user who was withdrawing money, but did not truthfully explain it to the case-handling agency of the Wushu Association. This led to Huang Dafa being mistaken for a bank robber by the investigators.
This is just like what Huang Dafa said.
If the bank had explained the process clearly to him on the same day, he would not have gone to the bank again and again.
If he hadn't delayed this matter until the next day, he wouldn't have met the gang of bank robbers...
The next day.
At eight o'clock in the morning, Li Chen went to the local court with his indictment.
ten o'clock.
Reception room.
The presiding judge Zhu Anping held his indictment and fell into deep thought.
He had also heard of Li Chen's reputation, and it was precisely because of this that he took this case so seriously.
Some do not understand.
Huang Dafa was mistakenly arrested by law enforcement agencies, and the relevant personnel are currently under investigation.
Speaking of banks’ responsibilities…
What responsibility can banks have?
After all, the people who arrested Huang Dafa were law enforcement agencies, not banks...
If you don't understand, then call him and ask him to come over and explain...
With this purpose in mind, Judge Zhu called Li Chen and made an appointment to meet.
Three o'clock in the afternoon.
Judicial Court Grading Room.
Judge Zhu and Li Chen introduced themselves to each other, and the atmosphere was very harmonious.
"That's right, I called you here today because of your indictment.
I have read the indictment..."
Judge Zhu started to get straight to the point.
Why should Shangdu Bank be blamed for Huang Dafa's incident? Isn't the fee of more than 100 million a bit outrageous?
"Is such that…"
After hearing this, Li Chen also started his own explanation:
"Before Huang Dafa was arrested, he went to the bank many times to withdraw money. This was actually the result of the inaction of bank staff.
Because as early as a few years ago, the state had put forward requirements for the banking sector, and many banks also have such a channel.
I have also found many examples on the Internet of banks opening green channels for withdrawals.
To put it bluntly, only the bank can send two people to the hospital to check whether Huang Dafa's reason for withdrawing money is true or false. "
Judge Zhu nodded after hearing this.
This is also a problem with Shangdu Bank.
But you can only say that they are impersonal, but you cannot say that there is something wrong with someone just because they don't open a green channel for you.
Because this is not a hard and fast rule, it is not a must...
“The second point is the most important point.
The staff of Shangdu Bank knew clearly Huang Dafa's purpose of withdrawing money, but instead of verifying it, they told the investigators that Huang Dafa's behavior was very abnormal.
What is his abnormality?
Entering and exiting the bank many times is a point of confusion for the uninitiated.
And where did this incident come from? Wasn't it caused by the bank itself?
If Huang Dafa withdraws money for the first time, the bank staff has clearly informed him of all the materials needed to withdraw money on behalf of others, and Huang Dafa still goes to the bank many times even after knowing it, or his behavior is obviously abnormal and he wanders around every day Around the bank, if he goes into the bank and doesn't withdraw money, he just sits there and waits, we regard him as a person with abnormal behavior. It is not an exaggeration to say that he is setting foot for people who rob the bank in advance, don't you think? "
Having said this, Li Chen asked again, wanting to bring the judge into his own rhythm and let him follow his thoughts...
"Well..." Judge Zhu nodded after hearing this.
That's the thing.
I went to the bank many times to go shopping without doing business, or appeared around the bank, and then a bank robbery occurred the next day...
You said you weren't stepping on the spot, so what were you doing?
“They knew clearly that Huang Dafa was an ordinary citizen doing business to withdraw money, but they reported to the law enforcement agencies that Huang Dafa’s behavior was abnormal.
The case-handling agency also followed their lead, which led to Huang Dafa being wrongfully accused of being an accomplice of the robber. "
At this point, Li Chen's expression became a little serious: "As for the law enforcement officer who operated illegally, I saw him in the morning. To be honest, he is a good policeman.
I have been on the front line for many years and almost died gloriously on several occasions.
Why would such a good policeman do such an outrageous thing?
I think it was precisely because of the words of the Shangdu Bank staff that the policeman mistakenly regarded Huang Dafa as a robber.
If they hadn't talked nonsense, the policeman wouldn't have treated Huang Dafa as a robber. "
Abnormal behavior + abnormal feedback from bank staff = Huang Dafa’s criminal facts.
Motive:
Rob a bank to save his critically ill father.
Specific actions:
Entered and exited the bank many times…
With such abnormal behavior, you still say that you are not a robber?
If this is understood, then what happened to Huang Dafa is not surprising.
after all…
No prisoner will truthfully confess his crime...
Huang Dafa was very smart. He created a perfect persona for himself under the guise of withdrawing money, and easily cleared himself of criminal suspicion.
Then again, if you want to withdraw money on behalf of others, why don't you ask in advance what you need?
The Wushu Association personnel handling the case did not know that it was the bank employees who did not truthfully explain to Huang Dafa.
One asked and the other impatiently said one after another, making you run back and forth...
After listening to Li Chen's words, Judge Zhu was also a little confused.
At this moment, he also believed that the bank was guilty.
Those people not only harmed an ordinary citizen who was in urgent need of money, but also harmed several outstanding martial arts police officers.
This is what you deserve! !
It seems that just compensation is not enough for people like them...
Gotta go to jail! !
As for the so-called compensation amount.
Huang Dafa was detained for nearly a year, and his mental damages cannot be measured in money.
And what about family?
The originally harmonious family of three was also torn apart because of this incident.
Can more than 100 million allow Huang Dafa to go back to the past?
If so, then Huang Dafa can ask for nothing...
But now that things are like this, there is no way to go back to the past. He can only think of other ways to make Huang Dafa not sad.
And the only way to comfort Huang Dafa is money...
The two chatted for more than half an hour, and Judge Zhu also understood why Li Chen won...
Good guy, who can resist a lawsuit like this?
Many theories have evolved based on the existing facts, and you clearly feel that these theories are wrong, but after listening to them, you feel that they should be like this...
Not only did he remember a passage he had seen on the Douyin platform, the content was a screenshot of Li Chen's passage.
"If I want to cause trouble, it is absolutely impossible for the case handling agency to catch me..."
It seemed outrageous at the time, but now I think it's true.
If he wants to cause trouble, even if he is caught, judges like them will not dare to sentence him...
Trial launch
(End of this chapter)
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