If you buy fake goods online, you will buy 100 million more!

Chapter 213 The court session: The defendant and the defender are about to fight! (5K)

"Mr. Jiang, you are here."

"Mr. Jiang, do you think there will be no accidents in this trial?"

Qin Yi and Qian Liang were already sitting in the auditorium, and when they saw Jiang Bai walking in, they quickly got up and greeted him.

Jiang Bai went to sit next to the two of them, and said with a slight smile, "Don't worry, the evidence is convincing this time, that black-hearted doctor must bear criminal responsibility."

When the two heard this, they were relieved.

While they were talking, the prosecutor came in.

It was Shen Tianci, an old acquaintance.

Behind him were three people, Li Yao, Zhang Leyi and Zhong Dan.

In this public prosecution, in addition to pursuing the criminal responsibility of the defendant, it also brought civil compensation as an incidental matter. The three of Li Yao appeared in court together as incidental civil plaintiffs.

Sit behind the prosecutor.

After Shen Tianci sat down, he inadvertently glanced at the plaintiff, Xi Shan.

Sure enough, he saw a familiar face.

Jiang Bai also happened to look over.

The two nodded as a greeting.

At this time, the defendant and the defender walked in together.

Jiang Bai saw that it was a familiar face again.

Isn't that the lawyer Du who had his practicing license revoked for a month last time?
It's really a life where we don't meet.

And as Zhang Renjie walked into the trial court, the victims and their family members couldn't control their inner anger immediately.

"Zhang Renjie! You quack doctor caused me to have a miscarriage, and you will die!"

"People like you are not worthy of being a doctor, no, you are not worthy of being a human being at all, I am!"

"Hehe, you also have today. You deserve it. You, a beast like you, have to sit in prison!"

"..."

Hearing this swearing, Zhang Renjie's face immediately became extremely ugly, and he was about to fight back.

Du Yansen next to him quickly said: "Don't talk nonsense! Have you forgotten what I told you, attitude! Attitude is the most important thing!"

"No matter how the other party scolds you, you can't talk back!"

"Even if they come to slap you, you can't fight back, and you even have to move the other half of your face to let them slap you!"

Zhang Renjie gritted his teeth and said, "I can't swallow this breath!"

"If you want to go to jail, you can rush up now, I won't stop you." Du Yansen said lightly.

"Hu! Hu! Hu!"

Zhang Renjie panted heavily and gritted his teeth fiercely, with angry flames beating in his eyes.

But in the end reason prevailed.

I endured it.

"That's right, don't make big mistakes because of small things. Maybe the other party is deliberately provoking you. Once you get angry, you will be tricked."

Du Yansen said in a low voice.

"Ah."

Zhang Renjie nodded with a gloomy expression and said nothing.

On the other side, the bailiff stopped the angry few people.

After all, this is the Tribunal, so they cannot be allowed to play freely.

soon.

At ten o'clock sharp, it was time for the court session.

Judge Chen Zhonghan led the members of the collegial panel into the trial court.

"Boom!"

Chen Zhonghan rang the gavel, and said in a deep voice:
"In accordance with the provisions of Articles 330 and [-] of the Criminal Law, the First Criminal Division of the People's Court of Binjiang District, Longcheng City, Jiangsu and Zhejiang Province, publicly heard the case of the defendant Zhang Renjie's medical accident."

"Now the court investigation begins, public prosecutor, please read the indictment and state the case."

Shen Tianci nodded slightly, held the indictment and began to read:
"From November 20XX to the present, the defendant Zhang Renjie had three medical accidents, which caused serious consequences to the three patients."

"The first medical accident occurred on November X last year. The No. 11 victim, Zhong Dan, was giving birth and his rectum fell off due to excessive force. As the doctor involved, Zhang Renjie delayed time and took wrong remedial measures, causing Zhong Dan Dan’s rectum became necrotic due to ischemia, and he was forced to remove a section. Until now, the victim Zhong Dan still suffers from fecal incontinence…”

"The second medical accident occurred on March X this year. The second victim, Zhang Leyi, received miscarriage treatment at the Aikang Hospital where the defendant worked because of a threatened miscarriage. During the treatment, due to the defendant's mistake, Zhang Leyi mistakenly swallowed medicine, causing a miscarriage, and the body was also seriously damaged..."

"The third medical accident occurred on X, X, this year. The third victim, Jin Qiaoqiao, had a caesarean section in Aikang Hospital and gave birth to a son. However, in the following two months, she often felt abdominal pain and low back pain. It intensified, the low-grade fever persisted, and the abdominal pain was unbearable. After the hospital examination, it was found that there was a piece of cartilage left in the stomach, and it was removed by surgery on the X day of this month..."

"The investigation of this case by the Changhe Sub-district Police Station in Binjiang District has been concluded, and it has been transferred to this court for review and prosecution."

"Defendant Zhang Renjie, as the chief physician of the obstetrics department of Aikang Hospital, had three outrageous medical accidents in one year, causing three patients to suffer minor injuries or more."

"This court believes that his behavior has violated the provisions of Article 330 of the Criminal Law, which has constituted a crime of medical malpractice, and the nature is bad and the situation is serious."

"In addition, during the investigation and litigation stage of this case, the defendant had used threats, bribes, etc. to ask the three victims to change their statements in court in an attempt to get rid of the crime."

"His behavior has violated the provisions of Article [-] of the Criminal Law and has constituted the crime of obstructing testimony."

"We are now filing a public prosecution in accordance with the provisions of the Criminal Procedure Law."

"The claim is as follows:"

"According to the law, the criminal defendant Zhang Renjie was sentenced to five years and six months in prison for the crime of medical malpractice and the crime of obstructing testimony.

"The attached civil claims are as follows:"

“民事原告一的诉讼请求：判令被告人张仁杰以及涉事医院爱康妇产医院公开道歉，赔付医药费治疗费五万8000元、交通费220五元、误工费两万1000元、营养费8000元，以及精神损失费2万元，共计十万零七千220五元。”

"Civil plaintiff 130's claim: to order the defendant Zhang Renjie and the Aikang Maternity Hospital to make a public apology and pay... a total of [-] ​​yuan."

"Civil plaintiff 150's claim: the defendant Zhang Renjie was ordered to...a total of [-] yuan."

Shen Tianci's voice was loud and clear.

After speaking, he sat down.

On the other hand, Zhang Renjie, who was in the dock, was full of astonishment.

"Five, five years?"

"Lawyer Du, what's going on? Didn't you say that the maximum sentence is only three years? Why is it five years!"

Du Yansen also recovered from the shock, and said in a deep voice: "Didn't you hear what the indictment said, because you threatened and bribed the victim, you are considered to be suspected of obstructing testimony."

"But don't worry, this is just the other party's one-sided statement. They should have no evidence, and the collegial panel will probably not accept it."

"Hold on, we can win."

After hearing Du Yansen's comfort, Zhang Renjie nodded slowly.

The mood is a little more stable, but still uneasy.

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now?" Chen Zhonghan asked.

"Listen clearly."

Zhang Renjie whispered.

Chen Zhonghan then asked again: "What objection do you have to this?"

Zhang Renjie swallowed, thinking about Du Yansen's advice, and said, "I plead guilty to medical malpractice, Your Honor, I admit that due to my limited medical skills and certain negligence, those three medical malpractice occurred and caused serious harm to the victim." Physical and psychological harm."

"I deeply regret and apologize for this. I am willing to compensate the victims for their losses, and I only hope to get their understanding."

"In addition, I implore the judge to give me a lighter sentence. I promise that I will make amends and start a new life. I guarantee that such accidents will never happen again in the future!"

"But I don't agree with the crime of obstructing testimony mentioned by the prosecutor! I didn't do those things!"

Chen Zhonghan nodded slowly, and said in a deep voice: "The defendant admitted the crime of medical malpractice and denied the crime of obstructing testimony. Next, the court investigation will be carried out from the following two aspects:"

"First, the division of responsibilities for the crime of medical malpractice and the reference for sentencing."

"Secondly, conduct evidence and cross-examination and court debate for the crime of obstructing testimony."

"Care for medical malpractice first, defender, do you have anything to say?"

Du Yansen said: "For the crime of medical malpractice, our party has a good attitude of pleading guilty and accepting punishment, and is willing to sincerely apologize to the victim and provide financial compensation, which is in line with the discretionary and statutory mitigating circumstances. I urge the collegial panel to give our party a lighter sentence. "

"be opposed to!"

Shen Tianci stood up and said in a deep voice, "The defender claimed that the defendant had a good attitude in pleading guilty and accepting punishment. I object to this."

"Here is a police interrogation record, from which it can be seen that the defendant refused to confess his crime at first, trying to get away with it. If the police did not have other evidence, I am afraid that he is still stubbornly resisting. This shows that he did not admit guilt and accept punishment at all. Episode with a good attitude."

"The reason for pleading guilty is nothing more than being helpless in the face of conclusive evidence."

"In addition, after the occurrence of the three medical accidents, the defendant's handling method is also chilling. He not only denied his responsibility, but even threatened the victim and sent a threatening notification letter to the victim and his family. , His behavior is simply bad to the extreme!

"..."

With a loud voice, Shen Tianci enumerated Zhang Renjie's bad deeds.

Strive for the collegial panel to give him a heavier sentence.

And Du Yansen was not to be outdone, and launched a sharp counterattack.

The focus of the debate between the two was whether Zhang Renjie's sentencing for the crime of medical malpractice should be heavier or lighter.

It goes without saying that Du Yansen can serve as a senior partner at Quan Jing Law Firm.

And he was well prepared this time.

Fight for a commutation of Zhang Renjie's sentence from multiple aspects.

In addition to pleading guilty and accepting punishment and active compensation, there are other focus points.

For example, Zhang Renjie was not the only person responsible for the accident in which Jin Qiaoqiao's cartilage was cut off and she was left in her womb for two months!
Midwife Wang Lili also needs to bear part of the responsibility. If she bears a larger responsibility, then the corresponding responsibility of Zhang Renjie will naturally decrease.

Another example is in the miscarriage accident, Zhang Renjie misunderstood the patient's name and gave another pregnant woman's labor induction medicine to Zhang Leyi by mistake, causing her to miscarry, but this was not entirely Zhang Renjie's fault alone, and the nurse on duty was also responsible.

Share responsibility, weaken responsibility.

This is Du Yansen's main line of defense.

As long as Zhang Renjie's responsibility for the medical accident was shared, his punishment would naturally be reduced.

However, as an experienced and battle-hardened prosecutor, Shen Tianci was naturally not completely unprepared.

He interviewed people with knowledge of the three accidents.

Such as nurses, midwives, interns, etc.

And combined with the investigation conclusions of the Health and Medical Commission, we have a full and comprehensive understanding of the three medical accidents.

Whether it was cutting off the cartilage, cutting off the rectum or accidental miscarriage, among these three medical accidents, Zhang Renjie was mainly responsible or even fully responsible!
The balance of victory and defeat is gradually tilting towards the prosecutor.

Du Yansen also felt that it was difficult, but he still tried his best to fight for it.

After more than an hour of heated debate.

"Boom-"

Chen Zhonghan sounded the gavel, ending the debate between the two.

Then the court investigation entered the second link, where evidence and cross-examination were conducted for the crime of obstructing testimony, as well as court debate.

"Prosecutor, do you have any evidence to show?" Chen Zhonghan looked at the prosecutor's seat and asked.

Shen Tianci nodded: "Yes!"

Then he held up a USB flash drive and said, "Here are two video and one audio evidence, and the prosecutor requested to play them in court."

"agree."

Chen Zhonghan nodded.

Turn off the lights, draw the curtains.

The first video is played.

It was taken by the camera in Qian Liang's living room. The picture is clear and the sound is also very clear.

Zhang Renjie first offered a price of 20 yuan, and asked Qian Liang and his wife to change their rhetoric during the court hearing. After being rejected, he raised the price to [-] yuan, but was still rejected.

The second video was shot at Qin Yi's home. It looked like a sneak shot with a mobile phone. The picture was a little shaken, but the people in the picture could still be seen clearly and what they were saying could be heard clearly.

In this video, Zhang Renjie's behavior was even more extreme. After the bribe was rejected, he actually took threats, saying that he should pay attention to the car when he went out.

This is to see that Qin Yi and Zhang Leyi are not locals, and they are not familiar with the place here, so they have adopted tougher measures.

After the two videos are played, there is another recording.

This was recorded by Li Yao, and Zhang Renjie also wanted to use money to buy him to change his story.

The three pieces of evidence have been played.

Turn on the lights, draw the curtains.

On the defendant's seat, Zhang Renjie was dumbfounded.

"No, this, they..."

"This is a premeditated frame! They deliberately framed me!"

"Yes! Yes, yes, yes! This must be premeditated, otherwise, how could it be that the three of them are so coincidental, and they all took videos and recorded audio, which is unreasonable!"

Zhang Renjie shouted emotionally.

Desperately defending himself.

"Framed?"

Shen Tianci smiled coldly, stood up and said, "I don't know where the term 'framed' comes from."

"May I ask if someone forced you to say those words, or did someone deliberately induce you?"

"Those are completely voluntary acts of yours! In order to get rid of the crime, you threatened and bribed the victims during the period of release on bail, in order to make them change their statements and deceive the collegial panel!"

"Your behavior is a serious interference with the judicial process, and it is enough to see that you have no repentance at all!"

"Zhang Renjie, now that the evidence is solid and there is no doubt, you still want to quibble!!"

Shen Tianci's voice was like thunder, and he directly made Zhang Renjie speechless.

"Here……"

Zhang Renjie faltered and hesitated, unable to say a word for a long time.

He could only look at Du Yansen for help.

The latter frowned tightly, his face serious.

He also did not expect that the other party would have audio and video evidence.

Moreover, these evidences were all recorded in the other party's home or in the hospital ward. They were not secretly filmed and secretly recorded. They were from legal sources and were sufficient to be accepted by the collegial panel as evidence.

With these things, this matter is a certainty, there is no need to argue.

"Defendant, what objections do you have to the evidence presented by the prosecutor?"

Seeing that neither of them spoke, Chen Zhonghan asked in a deep voice.

"Gudu!"

Zhang Renjie swallowed hard, cold sweat broke out on his forehead.

He could only pin his hopes on Du Yansen.

however……

Du Yansen shook his head slowly, "We have no objection."

heard.

Zhang Renjie's expression changed immediately, and he shouted loudly, "Lawyer Du!"

"I paid you to come here to defend me! How can you say you have no objection?"

"You argue with him, you refute!"

Du Yansen turned his head slightly, and said in a low voice: "The evidence is so solid, how can you ask me to refute it!"

"Okay! Since you won't help me, then don't blame me for dragging you into the water!"

"Ok?"

Hearing this, Du Yansen's heart skipped a beat, and he felt an ominous premonition inexplicably: "What do you mean, don't..."

He hasn't finished speaking yet.

Zhang Renjie stood up abruptly, pointed at Du Yansen and said loudly, "Your Honor! Du Yansen asked me to do this!"

Hearing what he said, Du Yansen's face suddenly changed drastically.

Looking at Zhang Renjie in disbelief.

"Zhang Renjie! What nonsense are you talking about!"

"When did I ask you to threaten and bribe the victim?"

"This is the trial court, you will bear legal responsibility for your nonsense!"

Du Yansen was extremely angry and anxious.

He had just regained his lawyer's license not long ago, and it would be a disaster if it was revoked again.

Moreover, the nature of the matter is different this time.

If he doesn't make it clear, he may be identified as an abettor. This is not as simple as revoking his practice license, but he will be held criminally responsible!

thought here.

Du Yansen couldn't help his heart beating faster, took a deep breath and said: "Your Excellency, what Zhang Renjie said is completely slandering me! I never instigated him to do such illegal things!"

"You fart! It's you! If it weren't for you, how could I have thought of doing this!"

"It was you who kept saying that I was going to take care of them, and you also said that as long as you take care of any family, I'm not guilty of the crime!"

Zhang Renjie shouted loudly.

Du Yansen gritted his teeth and said, "I'm done. I want you to mediate with them, to apologize and compensate them, not to threaten them!"

"I don't care, anyway, I just listened to your words and did that. You are at least half responsible for this!"

"Don't try to pour dirty water on me. It's your own understanding that something went wrong. What does it have to do with me!"

"It's you!"

"..."

The defendant and the defender fought in court, quarreling until their faces were red and their necks were thick.

If it weren't for the bailiffs watching closely, these two people might have to fight.

And this scene also stunned the people in the auditorium.

"Hiss! Mr. Jiang, you have a lot of experience. Has this happened often before?"

"To be honest, I have participated in so many court trials. This is the first time I have seen a situation like this..."

"Oh, let me go, this plot is wonderful, but it will be even more exciting if we fight!"

"Hey, this young man has a different temperament."

"A dog bites a dog, a mouthful of hair!"

"..."

(End of this chapter)