If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 184 If you have money, it’s not theft, but if you don’t have money, it can’t be theft either.

However, the second instance later changed the sentence, reducing the life sentence to five years in prison, which made Xu Jiaxian feel like he had some hope.

He is actually willing to accept the result of five years.

After all, I have made so much money that does not belong to me. It is impossible to turn the page lightly.

But his family insisted on appealing, so he went with them.

When the court was held here today, the Xu family basically had an indifferent attitude.

It would be better to have a lighter sentence, but if that doesn't work, just five years, I think.

Before he started going to jail, Xu Jiaxian had already prepared himself mentally and started to reform his thoughts.

If the judge or prosecutor knew his thoughts, he would probably sigh with emotion. If he had such a high level of ideological consciousness earlier, he would not have been obsessed with money, and he would not have ended up where he is today.

"I noticed something was wrong with the ATM that night and made the mistake in the heat of the moment."

After hesitating for a while, the Xu family spoke first. Everyone in the family was sitting in the auditorium. He had also seen Ren Zhen's efforts these days. Anyway, he just said a few words casually, so let's cooperate.

"I admit that my behavior was wrong. Such actions have had a bad impact and brought a lot of trouble to everyone. I am sorry to my parents, to the country, and to the bank from which I took so much money. I am very sorry!

I don’t know if my behavior is theft, but I really realize my mistake. I hope the judge will give me a chance to change my ways. I am willing to pay the price for my behavior and ask the judge to make a decision. "

A very standard final statement from the defendant.

Just admit your mistake and that's it!

Ren Zhen didn't know what Xu Jiaxian's statements were like in the previous two court trials, but the statement just now was even smooth. It was obvious that he had drafted it in his mind. He must have participated in many trials and gained experience.

The satisfactory final statement naturally did not cause any further disturbance. Zhang Lixia discussed it with the two judges next to him, and the three of them stood up at the same time.

“Then today’s court hearing will end here.

Due to the complexity of this case, the collegial panel needs to conduct deliberations before making a final verdict. "

It was decided not to pronounce the verdict in court, so the final process was much simpler.

After announcing the adjournment and banging the gavel, today's trial was over.

Zhang Lixia glanced at Ren Zhen who was signing the transcript, turned and left the court.

This kid is bound to do nothing good every time I see him!

Can't he just do some simple cases?It's so complicated every time, and it's so tiring to hold court!
After signing the court transcript, Ren Zhen was ready to pack up and leave.

"Ren Lu?"

Without sitting back in his seat, Ren Zhen faced where he had just sat and tidied up the things on the table. He didn't notice someone coming behind him, so Chang Jiahang reminded him.

"Hello."

Ren Zhen turned his head and found that this person turned out to be Tan Haizhou. He was somewhat surprised: "Is there something wrong with you?"

"I would like to ask, what do you think is a more appropriate charge in Xu Jiaxian's case?"

Tan Haizhou looked sincere, which surprised Ren Zhen.

In court, the prosecutor and the lawyer are in a tit-for-tat relationship.Therefore, most prosecutors do not have a good attitude towards lawyers, but this prosecutor does not seem to have any such intention.

"Now that the trial is over, the verdict should be handed down directly in two days. It doesn't matter if we discuss it now."

Seeing that Ren Zhen didn't speak, Tan Haizhou thought he had some concerns and quickly spoke up.

"Please tell me that's a bit harsh."

Ren Zhen smiled, realizing that the prosecutor was really serious about discussing legal issues with him, and stopped what he was doing.

“First of all, I personally don’t think it constitutes theft.

The reason was basically stated in court just now. The Xu family first used the card to withdraw money, which was a withdrawal rather than a take.

Once taking is eliminated, the possibility of theft is basically eliminated.

The determination of the withdrawal also directly eliminates the possibility of secret theft. "

Tan Haizhou nodded: "Actually, after I heard what you said just now, I was also thinking that taking is a unilateral act, while withdrawal is a joint act between the payer and the bank.

The money was given after confirmation by the bank. It is indeed unlikely that it was stolen secretly. Even if the explanation of the second instance judgment is followed, it does not make sense.

But I thought about it again. When there was an error in the system and Xu Jiaxian knew this fact, he still made a withdrawal. This can't be considered a normal withdrawal, right? "

"It is indeed abnormal, but this behavior only proves that he is subjectively impure and does not affect his objective behavior."

Another voice came from behind. Tan Haizhou turned his head and saw a familiar face. He was a little surprised: "Are you Teacher Chen Guangming?"

Duan Yiping and Kong Xiaotian followed Chen Guangming and also walked over from the auditorium.

Chen Guangming nodded at him: "Just like the example that Lawyer Ren gave just now, when 1000 yuan was withdrawn, only 1 yuan was deducted from the card. For a millionaire, this mistake was corrected with just one phone call.

So why does the same behavior become theft when it is performed on Xu Jiaxian?Is it because he doesn't want to pay back the money? "

The same behavior?
Tan Hai Zhou Ruo realized something.

"If Xu Jiaxian's behavior was theft, then the theft was completed the moment he got the money, not after the bank could not contact him.

Therefore, even if Xu Jiaxian had subjective inappropriate thoughts, it could not change the nature of his objective behavior, nor could it change the objective fact that the money was unjust gain from the loan, so theft should not be constituted. "

Chen Guangming pondered for a few seconds, "But it's actually a bit difficult to say what specific crime he will be convicted of.

To call it embezzlement, he must have a legal basis for legally holding the money.

Hmm. But from the perspective of claims and debts, it seems that it can be regarded as having a legal basis? "

“If you explain this money as the bank’s forgotten property, it will definitely not work, unjust enrichment will not be established, and embezzlement will not work.

But if we explain it from the perspective of lending, there is no problem with unjust enrichment, and it should be more reasonable to determine it as embezzlement. "

Duan Yiping was charged with embezzlement in the first trial. When discussing with Ren Zhen before, he also considered why the previous unjust enrichment was not recognized by the court. At this time, he mentioned embezzlement again and expressed his own views.

"No matter how much fun we discuss here, in the end it still depends on what the judge thinks."

Chen Guangming shook his head. The previous two sentences were for theft. If the sentence was changed this time, it would be a slap in the face.

(End of this chapter)