Chapter 27: You Produce Depression, What Use Is It?!
The plaintiff had filed the lawsuit against her on the basis of fraud. If the case were lost, Ye Fei did not dare to imagine the consequences.
Not only would she lose the case and fail to obtain legal fees, but she herself would also be implicated.
She absolutely could not continue arguing along this line.
After calming herself, Ye Fei quickly redirected the discussion toward another direction.
"Lawyer Su, with respect to your statement, even if the source of your evidence is lawful, on what basis do you determine through this evidence that our side committed fraud?"
"The definition of the offense of fraud is that the protected legal interest infringed is the ownership of public or private property."
"The objective condition is manifested in the use of deceptive methods to obtain public or private property."
"The subjective condition is the direct or intentional purpose of unlawfully possessing public or private property."
"In this case, the plaintiff Zhang Tongwei and our client Xie Jing are in a marital relationship, and the property we request to be divided is marital common property. Which part of this constitutes the offense of fraud?"
"Can marital common property be considered private property?"
"Furthermore, our client and the plaintiff have already formed a legally recognized marital relationship, so how can there still be a claim of fraud?"
"If Lawyer Su believes so, then I have nothing further to say."
After speaking, Ye Fei looked toward Su Bai.
The difficulty of establishing fraudulent marriage lay precisely here. The other party had already married you, so it was impossible to determine fraudulent marriage.
However.
Who said that the offense of fraud was the same as fraudulent marriage?
He had filed the lawsuit on the basis of fraud and had never stated that it was fraudulent marriage.
During the hearing, Su Bai had not intended to establish the fact of Xie Jing's fraud from the perspective of fraudulent marriage.
There was a clear flaw in Ye Fei's reasoning.
This was not how one should guide the argument.
This was the result of not having studied criminal law properly in the past.
She had completely been led into his framework.
'Cough cough.'
Su Bai coughed twice and looked toward Ye Fei. "May I ask whether counsel for the defendant has finished speaking?"
"I have completed my statement. I request that Lawyer Su respond to my question."
Su Bai slightly raised the corner of his mouth and drew out a document. "Lawyer Ye, I am afraid you have misunderstood my meaning."
Ye Fei: 'I misunderstood?'
Before Ye Fei could react, Su Bai continued speaking.
"Our accusation is that Xie Jing, together with her entrusted lawyer, namely Lawyer Ye, the two of you committed fraud against our client."
"Regarding the elements constituting the offense of fraud, Lawyer Ye is not mistaken. Objectively, it is manifested as deception and concealment, and subjectively, it is manifested as a direct intentional purpose."
"In this case, Xie Jing and our client formed a legally recognized marital relationship. This has been acknowledged by law, and our side has not denied it. With respect to marital common property, our side has likewise not denied it."
"What our side has consistently emphasized is that Xie Jing and Lawyer Ye, the two of you, committed fraudulent conduct against our client."
"First, with respect to the issue of marital common property, according to the evidence submitted by the defendant, the defendant requested division of our client's real estate. The court has not made a determination, and at present the real estate remains, in legal terms, the private property of our client."
"Let us first examine the evidence submitted by our side."
"The evidence demonstrates that Lawyer Ye, with respect to her fan group, had the purpose of inducing and instructing her followers to divide marital property. It is an established fact that Xie Jing is a follower of Lawyer Ye, is that not so?"
"Furthermore, according to the evidence submitted by the defendant regarding property division, the basis for Xie Jing's request to divide our client's private property was a written guarantee signed by our client, and she relied upon the contents of that guarantee to bring her claim."
"Among the methods of inducement and guidance used by Lawyer Ye, there was precisely such a method. She instructed that one could have one's husband sign a written guarantee, and regardless of the method used, as long as he wrote a guarantee or content relating to a gift, then it would be possible to divide the husband's premarital private property."
"Is this not an attempt to divide our client's premarital private property through improper means?"
"Now, in the litigation claims raised by the defendant, there is likewise a request to divide our client's premarital property. This demonstrates that the defendant's subjective intention was to take possession of our client's private property."
"Is this not fraud?"
"Presiding Judge, I request that our client be permitted to supplement this statement."
'Bang bang bang.'
The presiding judge struck the gavel.
"The application is approved. The plaintiff may supplement the statement."
At the plaintiff's table, Zhang Tongwei had already prepared himself and was ready to begin describing how miserable his married life had been.
At this moment, Su Bai quietly reminded him.
"Remain restrained and avoid vulgar language. Victory is assured."
Zhang Tongwei nodded solemnly.
"Presiding Judge, when the defendant, namely Xie Jing, requested that I write the written guarantee and gift declaration, I was extremely unwilling in my heart."
"But in order to achieve her own objectives, she forced me."
"She even said that if I did not write it, then she would have no sense of security and would divorce me."
"But did she truly lack a sense of security?"
"My monthly salary was twenty thousand yuan, of which nineteen thousand nine hundred yuan was spent on her, and yet she not only subjected me to verbal abuse, but also spent the money entirely on her own personal adornment and gave large sums of pocket money to her parents."
"She also deceived me by saying that she would rent out one of my premarital houses to her colleague, but instead allowed her younger brother to live there without payment, and now she still seeks to defraud my premarital property."
"Presiding Judge, in this marriage, it was entirely the woman who benefited."
Zhang Tongwei still wished to continue speaking, but Su Bai tugged at his sleeve and interrupted him.
What had already been said was sufficient.
If he continued speaking, it might produce the opposite effect.
On the judicial bench.
Yang Yu frowned slightly and then looked toward the defendant's table.
"With respect to the plaintiff's allegations, what do the defendant and counsel for the defendant have to say?"
At the defendant's table.
After hearing Su Bai's well structured statement, Xie Jing could not help becoming somewhat flustered.
"Lawyer Ye, what should I say?"
It could not be said that Ye Fei knew nothing about criminal law, but rather that her understanding was not deep, and she did not have a strong rebuttal.
However, she had a decisive method.
Depression.
"Our client suffers from depression, and therefore may have handled the marital relationship inappropriately at that time, but the primary cause of this factor still lies with the man. We request dismissal of the plaintiff counsel's arguments."
Depression?
You became depressed because you could not obtain the house, is that so?
Su Bai ignored Ye Fei's statement and instead asked in return:
"May I ask whether this depression was caused by our client?"
"What was the cause?"
"What direct or indirect connection does this have with the present case, in which we accuse your side of committing fraud against our client?"
Depression may be useful for dividing property.
But what I am accusing you of now is fraud.
Could it be that you became depressed because your attempt at fraud failed?
Faced with Su Bai's three consecutive questions, Ye Fei became flustered.
How had this truly become a criminal case? She only knew how to handle marital cases.
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