If you were asked to file a lawsuit, how come you were not found guilty?
Chapter 103 If there is a trap, I will jump
Chapter 103 If there is a trap, I will jump
“Before the meeting, they called me several times, and it wasn’t until it was almost dark that they finally decided on the meeting place.
I drove to the Kaiyuan Hotel and saw them waiting at the door before I got out of the car. Then we went to a living room upstairs together. "
What happened a few years ago is already a long time ago. Shi Hao recalled it a little:
“After I sat down, they started asking me why I wanted to be interviewed, was it because I had agreed not to pursue the matter anymore.
I explained for a while, but they obviously didn't listen and kept talking about this matter.
Later, someone, who seemed to be one of their bosses, said that if you don't do this, we will give you some money, but you can't give interviews anymore.
I didn't agree at first, because I didn't go there for the money, but they spent a long time playing emotional cards with me, saying that their company was greatly affected now and how difficult it was.
After a while, he started to threaten me, saying that if I took the money and refused to do things, I would be unethical and I would be rewarded sooner or later. "
Hearing this, Hu Shuge frowned.
He also asked Duan Fang the same question. Duan Fang's description of that day was similar to Shi Hao's, but he did not mention any threatening words.
But thinking about it, he knew that it was impossible for him to say such words in front of the judge.
It is Duan Fang's limit to be able to tell the facts as they are.
"I was delayed there for a long time, and I couldn't stand being annoyed by them. If I wasn't worried that they would find my company again, I would have left long ago.
Later, I thought about it and I had nothing to lose, so I said OK, OK, then you guys can't bother me and my family anymore.
They agreed immediately and directly said that they could give me 200 million as long as I didn't appear in front of the media in the future. "
Speaking of this, Shi Hao paused, and Hu Shuge asked:
"Don't you think it's weird to give you so much money?"
"Strange!"
Shi Hao scratched his head, "I also thought it was a bit incredible at the time, how could this be several times more than before.
But then I thought about it. The negative impact that Youen Company suffered due to media reports cannot be measured in terms of money. It may be that they want to spend money to eliminate disasters, although their disasters have little to do with me.
With this thought in mind, I said nothing more. "
Even though they had communicated with Shi Hao countless times, after hearing this, Ren Zhen and Chang Jiahang still had smiles on their faces, and at the same time they felt helpless.
You haven't done anything, and someone will give you 200 million. How can such a good thing happen?
It’s obviously a trap!
But Shi Hao himself came up with a reason, and the logic was self-consistent!
If you want to say he is stupid, he has an annual salary of one million; if you want to say he is not stupid, he will jump out of any pit he digs.
Is this what is called stupid people with too much money?
This is really hard to comment on.
Hearing Shi Hao's explanation, Hu Shuge was speechless for a while.
Looking on both sides, the other two judges also looked like they had seen a ghost.
"Then, in the claim agreement you wrote that day, you wrote that your family was not satisfied with the previous 30 yuan. This part is obviously inconsistent with the facts. Please explain."
With a professional attitude, the interrogation must continue.
"This is really not what I wanted to write. They asked me to write it."
Shi Hao knew that this was very detrimental to him, but it was true and he could not deny it:
"They said that if you write it this way, you can have an explanation with the company, and the company will pay more efficiently."
"They asked you to write like this and you wrote like this? You knew it was false, but you never thought that this behavior might be deceiving the company with those so-called responsible persons?"
Hu Shuge's tone suddenly became stern.
"This"
This question had not been rehearsed, and beads of sweat instantly fell from Shi Hao's forehead.
Fortunately, Ren Zhen had warned him early that unexpected questions would definitely arise, so just answer them truthfully, and Shi Hao calmed down.
"I really never thought about this, because it was Duan Fang who negotiated with me on behalf of Youen Company in the early stage. After that, there were two people who obviously had more say than Duan Fang, so I felt that they could definitely represent Youen Company. .
As for writing about my family’s dissatisfaction, I originally thought it was inappropriate, but after thinking about it for so long, I wanted to get over it quickly. "
Shi Hao now feels that he was too naive at the time: "Anyway, they asked me to write it. As long as they approve it, I will just write it.
By the time I finished writing and came out of the hotel, it was almost early in the morning. I had never been so tired when I went out to run business and talk about business. "
At this point, things are basically over.
Youen Company reported the claim to the police the next day with the claim written by Shi Hao, and he was arrested not long after.
"This is the end of the interrogation of the defendant in the original trial. The collegial panel will clarify the relevant facts. Please wait here."
Watching several judges leave, Shi Hao finally breathed a sigh of relief and sat back on his chair: "It scared me to death."
"You haven't done anything wrong, so what are you afraid of?"
Chang Jiahang handed over a bottle of water and came next to Ren Zhen: "Ren Lu, shouldn't the court be adjourned? This judge's wording is unprofessional? And the facts are clear. Why only ask the parties and not our clients?"
"The court is not in session today, where is the adjournment?" Ren Zhen pouted: "You didn't study hard when I saw your criminal complaint. Criminal retrial cases are not heard in court. When it comes to the defendant, there is only one way to interrogate, and for the defender , and only the defense opinions are heard, and there is no so-called court debate.
The logic of not holding a trial is that the judge will only make a judgment based on the defendant's answers and the defense opinions of the defender, and there will be no factors for the prosecution and defense to influence the evidence through debate.
Therefore, to clarify the facts, of course, we only ask the client and have nothing to do with the defense lawyer. "
Hearing several people here whispering to each other, the clerk raised his head and glanced here, and Ren Zhen's voice became smaller.
"I know all the rules, but I didn't expect the interrogation to be in this form."
Chang Jiahang also controlled his volume and whispered.
“The law only stipulates the applicable circumstances and basic methods of non-court hearings, but the specific operational details are not very clear in the law, so the implementation by courts in different places will vary.”
Ren Zhen explained this and stopped talking.
What he didn’t say was that the High Court of Province C was already doing well.
In his memory, there were many non-in-court trials, especially those in second instance proceedings. In many cases, the parties were not even notified to be present, and judgments were made directly based on written evidence.
Such a trial without a court session is no different from the so-called written trial.
At least they are sitting here face to face with the judge today, and at least they still have a chance to speak.
Of course, Ren Zhen didn't know that Hu Shuge and the others had already been to Youen Company. If he had known, his evaluation of the Provincial C High Court would have been higher.
After all, it was this court that made a subversive verdict on Wen Xuan's case.
Ren Zhen still quite approves of the high court's trial level.
Aisle at the side door of the court.
This matter is the internal passage of the court. Usually only the judge can go through it. The three of them stood here to discuss it.
"Judging from the statement just now, Shi Hao's behavior in accepting media interviews should indeed have no connection with subsequent claims."
Hu Shuge directly expressed his thoughts.
The other two judges nodded in agreement: "Originally, it was a bit far-fetched in the first instance to link the interview with the claim. Judging from Shi Hao's daughter's experience and his own conditions, there should be no intention to use the interview to claim compensation."
"And I think Shi Hao's reason for not answering the phone before June 6 is completely reasonable."
The speaker was the female judge named Wang Wenjing: "What Youen said is that between June 6th and 13th, especially after the program was broadcast on the 29th, they beat Shi Hao dozens of times. No one answered the phone, so someone was finally sent to Shi Hao's company.
This part of the facts is the same as what Shi Hao said. It can also be seen that although they had reached the 30 compensation before, the relationship between the two parties did not actually ease, and was even intensified because of the money.
At that time, Hao didn't answer the phone based on this, which was in line with common sense. "
The last judge named Chen had some gray hair. He thought for a moment and nodded slowly:
"The interview was not for the purpose of claiming compensation, and the behavior of not answering the phone was reasonable. The first instance found that the reason for not answering the phone was to put pressure on Youen is not established.
From the perspective of extortion, at least before the 29th, Shi Hao had no criminal intent.
The question now is, after the contact between the two parties on the 29th, did Shi Hao have some ideas that he didn't have?The subjectivity here will directly affect the determination of his extortion. "
After a brief discussion, the three of them basically ruled out Shi Hao's early criminal intent.
"I think there are still some problems with him writing that claim and fabricating that part of the facts."
Wang Wenjing thought for a while: "According to normal people's thinking, if someone suddenly gives me 200 million, my first reaction must be why did he give me 200 million?
Then he asked me to write something that obviously contained false facts, which was obviously problematic! "
Hu Shuge looked at Chen Qifan: "Old Chen, what do you think?"
"I think what Wen Jing said makes sense, but this is Shi Hao."
Chen Qifan hesitated for a moment, then said: "From his point of view, although 200 million is a lot, it is really not too much.
Based on his status and ability before the accident, his vision is different from that of ordinary people. Therefore, Shi Hao's understanding of the pressure and losses suffered by the media due to the milk incident must be different from ours.
Based on this consideration, Shi Hao's explanation that the other party was trying to calm things down actually makes sense. "
Wang Wenjing shook her head and was about to say something when Chen Qifan leaned against the wall and clicked:
"But the media has already reported it, and the next thing Shi Hao said doesn't count. Isn't it a bit unfair to spend 200 million?
Thinking about it this way, how could Shi Hao not know? "
Wang Wenjing hummed, indicating that this was also her question.
"Whether the act of fabricating facts can be the basis for determining that Shi Hao has the purpose of illegal possession, it is difficult to say for the time being."
Hu Shuge thought for a moment: "But what is certain now is that the claim agreement was indeed written by Youen Company at the request of Shi Hao, and the content in it was not Shi Hao's personal idea. There is no doubt about this, right?"
Wang Wenjing and Chen Qifan both shook their heads.
Ren Zhen had already argued this point during the first session of the G City Intermediate People's Court. They had seen the trial video and transcripts and were inclined to agree with this point.
Later, I specifically made this point clear to Duan Fang. Today, through the interrogation of Shi Hao, it has been determined that there is no doubt here.
"Then there should be no problem with the facts now. All that's left is to characterize Shi Hao's behavior."
Hu Shuge made the decision: "Let's do this for now. Let's listen to the lawyer's defense opinions. Finally, we will focus on the nature of the behavior."
(End of this chapter)
“Before the meeting, they called me several times, and it wasn’t until it was almost dark that they finally decided on the meeting place.
I drove to the Kaiyuan Hotel and saw them waiting at the door before I got out of the car. Then we went to a living room upstairs together. "
What happened a few years ago is already a long time ago. Shi Hao recalled it a little:
“After I sat down, they started asking me why I wanted to be interviewed, was it because I had agreed not to pursue the matter anymore.
I explained for a while, but they obviously didn't listen and kept talking about this matter.
Later, someone, who seemed to be one of their bosses, said that if you don't do this, we will give you some money, but you can't give interviews anymore.
I didn't agree at first, because I didn't go there for the money, but they spent a long time playing emotional cards with me, saying that their company was greatly affected now and how difficult it was.
After a while, he started to threaten me, saying that if I took the money and refused to do things, I would be unethical and I would be rewarded sooner or later. "
Hearing this, Hu Shuge frowned.
He also asked Duan Fang the same question. Duan Fang's description of that day was similar to Shi Hao's, but he did not mention any threatening words.
But thinking about it, he knew that it was impossible for him to say such words in front of the judge.
It is Duan Fang's limit to be able to tell the facts as they are.
"I was delayed there for a long time, and I couldn't stand being annoyed by them. If I wasn't worried that they would find my company again, I would have left long ago.
Later, I thought about it and I had nothing to lose, so I said OK, OK, then you guys can't bother me and my family anymore.
They agreed immediately and directly said that they could give me 200 million as long as I didn't appear in front of the media in the future. "
Speaking of this, Shi Hao paused, and Hu Shuge asked:
"Don't you think it's weird to give you so much money?"
"Strange!"
Shi Hao scratched his head, "I also thought it was a bit incredible at the time, how could this be several times more than before.
But then I thought about it. The negative impact that Youen Company suffered due to media reports cannot be measured in terms of money. It may be that they want to spend money to eliminate disasters, although their disasters have little to do with me.
With this thought in mind, I said nothing more. "
Even though they had communicated with Shi Hao countless times, after hearing this, Ren Zhen and Chang Jiahang still had smiles on their faces, and at the same time they felt helpless.
You haven't done anything, and someone will give you 200 million. How can such a good thing happen?
It’s obviously a trap!
But Shi Hao himself came up with a reason, and the logic was self-consistent!
If you want to say he is stupid, he has an annual salary of one million; if you want to say he is not stupid, he will jump out of any pit he digs.
Is this what is called stupid people with too much money?
This is really hard to comment on.
Hearing Shi Hao's explanation, Hu Shuge was speechless for a while.
Looking on both sides, the other two judges also looked like they had seen a ghost.
"Then, in the claim agreement you wrote that day, you wrote that your family was not satisfied with the previous 30 yuan. This part is obviously inconsistent with the facts. Please explain."
With a professional attitude, the interrogation must continue.
"This is really not what I wanted to write. They asked me to write it."
Shi Hao knew that this was very detrimental to him, but it was true and he could not deny it:
"They said that if you write it this way, you can have an explanation with the company, and the company will pay more efficiently."
"They asked you to write like this and you wrote like this? You knew it was false, but you never thought that this behavior might be deceiving the company with those so-called responsible persons?"
Hu Shuge's tone suddenly became stern.
"This"
This question had not been rehearsed, and beads of sweat instantly fell from Shi Hao's forehead.
Fortunately, Ren Zhen had warned him early that unexpected questions would definitely arise, so just answer them truthfully, and Shi Hao calmed down.
"I really never thought about this, because it was Duan Fang who negotiated with me on behalf of Youen Company in the early stage. After that, there were two people who obviously had more say than Duan Fang, so I felt that they could definitely represent Youen Company. .
As for writing about my family’s dissatisfaction, I originally thought it was inappropriate, but after thinking about it for so long, I wanted to get over it quickly. "
Shi Hao now feels that he was too naive at the time: "Anyway, they asked me to write it. As long as they approve it, I will just write it.
By the time I finished writing and came out of the hotel, it was almost early in the morning. I had never been so tired when I went out to run business and talk about business. "
At this point, things are basically over.
Youen Company reported the claim to the police the next day with the claim written by Shi Hao, and he was arrested not long after.
"This is the end of the interrogation of the defendant in the original trial. The collegial panel will clarify the relevant facts. Please wait here."
Watching several judges leave, Shi Hao finally breathed a sigh of relief and sat back on his chair: "It scared me to death."
"You haven't done anything wrong, so what are you afraid of?"
Chang Jiahang handed over a bottle of water and came next to Ren Zhen: "Ren Lu, shouldn't the court be adjourned? This judge's wording is unprofessional? And the facts are clear. Why only ask the parties and not our clients?"
"The court is not in session today, where is the adjournment?" Ren Zhen pouted: "You didn't study hard when I saw your criminal complaint. Criminal retrial cases are not heard in court. When it comes to the defendant, there is only one way to interrogate, and for the defender , and only the defense opinions are heard, and there is no so-called court debate.
The logic of not holding a trial is that the judge will only make a judgment based on the defendant's answers and the defense opinions of the defender, and there will be no factors for the prosecution and defense to influence the evidence through debate.
Therefore, to clarify the facts, of course, we only ask the client and have nothing to do with the defense lawyer. "
Hearing several people here whispering to each other, the clerk raised his head and glanced here, and Ren Zhen's voice became smaller.
"I know all the rules, but I didn't expect the interrogation to be in this form."
Chang Jiahang also controlled his volume and whispered.
“The law only stipulates the applicable circumstances and basic methods of non-court hearings, but the specific operational details are not very clear in the law, so the implementation by courts in different places will vary.”
Ren Zhen explained this and stopped talking.
What he didn’t say was that the High Court of Province C was already doing well.
In his memory, there were many non-in-court trials, especially those in second instance proceedings. In many cases, the parties were not even notified to be present, and judgments were made directly based on written evidence.
Such a trial without a court session is no different from the so-called written trial.
At least they are sitting here face to face with the judge today, and at least they still have a chance to speak.
Of course, Ren Zhen didn't know that Hu Shuge and the others had already been to Youen Company. If he had known, his evaluation of the Provincial C High Court would have been higher.
After all, it was this court that made a subversive verdict on Wen Xuan's case.
Ren Zhen still quite approves of the high court's trial level.
Aisle at the side door of the court.
This matter is the internal passage of the court. Usually only the judge can go through it. The three of them stood here to discuss it.
"Judging from the statement just now, Shi Hao's behavior in accepting media interviews should indeed have no connection with subsequent claims."
Hu Shuge directly expressed his thoughts.
The other two judges nodded in agreement: "Originally, it was a bit far-fetched in the first instance to link the interview with the claim. Judging from Shi Hao's daughter's experience and his own conditions, there should be no intention to use the interview to claim compensation."
"And I think Shi Hao's reason for not answering the phone before June 6 is completely reasonable."
The speaker was the female judge named Wang Wenjing: "What Youen said is that between June 6th and 13th, especially after the program was broadcast on the 29th, they beat Shi Hao dozens of times. No one answered the phone, so someone was finally sent to Shi Hao's company.
This part of the facts is the same as what Shi Hao said. It can also be seen that although they had reached the 30 compensation before, the relationship between the two parties did not actually ease, and was even intensified because of the money.
At that time, Hao didn't answer the phone based on this, which was in line with common sense. "
The last judge named Chen had some gray hair. He thought for a moment and nodded slowly:
"The interview was not for the purpose of claiming compensation, and the behavior of not answering the phone was reasonable. The first instance found that the reason for not answering the phone was to put pressure on Youen is not established.
From the perspective of extortion, at least before the 29th, Shi Hao had no criminal intent.
The question now is, after the contact between the two parties on the 29th, did Shi Hao have some ideas that he didn't have?The subjectivity here will directly affect the determination of his extortion. "
After a brief discussion, the three of them basically ruled out Shi Hao's early criminal intent.
"I think there are still some problems with him writing that claim and fabricating that part of the facts."
Wang Wenjing thought for a while: "According to normal people's thinking, if someone suddenly gives me 200 million, my first reaction must be why did he give me 200 million?
Then he asked me to write something that obviously contained false facts, which was obviously problematic! "
Hu Shuge looked at Chen Qifan: "Old Chen, what do you think?"
"I think what Wen Jing said makes sense, but this is Shi Hao."
Chen Qifan hesitated for a moment, then said: "From his point of view, although 200 million is a lot, it is really not too much.
Based on his status and ability before the accident, his vision is different from that of ordinary people. Therefore, Shi Hao's understanding of the pressure and losses suffered by the media due to the milk incident must be different from ours.
Based on this consideration, Shi Hao's explanation that the other party was trying to calm things down actually makes sense. "
Wang Wenjing shook her head and was about to say something when Chen Qifan leaned against the wall and clicked:
"But the media has already reported it, and the next thing Shi Hao said doesn't count. Isn't it a bit unfair to spend 200 million?
Thinking about it this way, how could Shi Hao not know? "
Wang Wenjing hummed, indicating that this was also her question.
"Whether the act of fabricating facts can be the basis for determining that Shi Hao has the purpose of illegal possession, it is difficult to say for the time being."
Hu Shuge thought for a moment: "But what is certain now is that the claim agreement was indeed written by Youen Company at the request of Shi Hao, and the content in it was not Shi Hao's personal idea. There is no doubt about this, right?"
Wang Wenjing and Chen Qifan both shook their heads.
Ren Zhen had already argued this point during the first session of the G City Intermediate People's Court. They had seen the trial video and transcripts and were inclined to agree with this point.
Later, I specifically made this point clear to Duan Fang. Today, through the interrogation of Shi Hao, it has been determined that there is no doubt here.
"Then there should be no problem with the facts now. All that's left is to characterize Shi Hao's behavior."
Hu Shuge made the decision: "Let's do this for now. Let's listen to the lawyer's defense opinions. Finally, we will focus on the nature of the behavior."
(End of this chapter)
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