Lawyer

Chapter 768 Hope is slim
The question now is what to do with Xiaozhi. Xiaozhi is not young anymore, he has his own ideas, and he has deep feelings for his biological mother. Whether he can fully accept Yunmei is hard to say.

"Look, I told you that you were reluctant to let Xiaozhi follow me to go to school abroad. He lived abroad for a few years, and when he came back from his studies, you and Yunmei were already done. Change a person." Li Shuming took a few napkins from the paper box on the table, wiped the oily mouth, and said.

"What you said is unrealistic. Xiaozhi doesn't want to leave. He has his own ambitions. Besides, I also want Yunmei to get in touch with him more and gradually integrate into it..." Fang Yi rubbed his face vigorously and said .

"Let me ask you, what does Yunmei think?" Li Shuming asked.

"That's the advice she gave me, so she's trying to find a way to get in touch with Xiao Zhi during this time.

Can you believe it, a woman who never played games, actually went to learn how to eat chicken for Xiaozhi, and whenever she was free, she took her mobile phone and teamed up with Xiaozhi to eat chicken. "Fang Yi looked at Li Shuming.

Li Shuming didn't speak, and reached out to pat Fang Yi's shoulder: "Brother, I didn't say you. What else do you have to say about such a woman? If the two of you get married, she will definitely be right with Xiaozhi in the future."

"Well, I think so too. Last night she was still persuading me not to tell the child too early, for fear of affecting his study." Fang Yi asked.

"There is a saying, life is coming, meeting, accompanying, and leaving. As far as the big proposition of 'life' is concerned, a little setback between you is not a bad thing, take it slowly, but in the end you must give others a Fame, only in this way can we be honest and accompany for a lifetime." Li Shuming said seriously.

"Well. That's for sure." Fang Yi also felt a little sorry for Yunmei.

"That's right, let's talk about it first, find out the feeling of middle-aged people in love. Don't tell Xiaozhi first, and wait for Yunmei to get along with him before revealing to him. This kind of thing can only be revealed to him." Outsmarting cannot be forced.

If you can't speak, I'll talk to Xiao Zhi. "Li Shuming finished speaking in a big way, and shouted at the food stall owner in the distance: "The boss will bring two more big kidneys and two glasses of draft beer. "

"You eat so much kidney, what are you doing? Be careful of nosebleeds at night." Fang Yi was taken aback.

"My buddy ordered this for you. You were too tired last night to make up for it! Haha..." Li Shuming laughed loudly.

Fang Yi was speechless for a while, and silently accepted the old friend's arrangement.

……

Soon Tao Ji's second trial for illegal medical practice began.When Fang Yi delivered his defense opinion in the second trial, he said that the corners of his mouth were frothy, and he had tried his best.The procuratorate still insisted on the opinion of the first instance, and believed that Tao Ji's behavior constituted the crime of illegal medical practice, and the judgment of the first instance was correct.

After the second-instance collegial panel deliberated, it announced the verdict in court.

The Intermediate People's Court in charge of the second instance held that the appellant Tao Ji practiced medicine illegally without obtaining medical qualifications, and caused the death of others. His behavior constituted the crime of illegal medical practice.

With regard to the appellant Tao Ji's grounds for appeal that his conduct did not constitute a crime, after investigation, although the appellant Tao Ji has been working as a doctor for more than [-] years, obtained a doctor's qualification certificate, and worked in the People's Hospital before retirement, but after retirement until the incident occurred The appellant, Tao Ji, practiced medicine without obtaining a "Medical Institution Practicing Permit" on [-] December [-], which is an illegal practice of medicine, so the grounds for his appeal were not accepted.

The trial procedure of the original trial was legal, the conviction was accurate, and the civil compensation judgment was reasonable.It is not inappropriate to apply Article 336 of the Criminal Law in the original judgment.

However, considering that the appellant Tao Ji injected the victim with penicillin injection, which did not violate the medical procedures, and the victim died of an allergy to the penicillin injection, his death had certain particularities. Considering the specific circumstances of the case and its social harm, Tao Jike The penalty was imposed below the statutory penalty, and the appellant Tao Ji was sentenced to [-] years in prison in the original trial, which was too heavy a sentence.

Accordingly, in accordance with Article 189, Item 336 of the Criminal Procedure Law and Article 60, Paragraph [-], and No. [-], Article [-], Paragraph [-] of the Criminal Law of the People's Republic of China, the judgment is as follows:
105. Uphold the conviction of the appellant Tao Ji in the Criminal Judgment No. [-] of the court of first instance.

105. Revocation of the sentencing part of the appellant Tao Ji in the Criminal Judgment No. [-] of the court of first instance.

1000. The appellant Tao Ji committed the crime of illegal medical practice and was sentenced to two years in prison, suspended for three years and fined [-] yuan.

The court of second instance still believed that Tao Ji constituted the crime of practicing medicine illegally, but gave him a suspended sentence.Although the ten-year prison sentence was changed to a suspended sentence, Mr. Tao did not have to be imprisoned, but he still refused to accept it.

Mi Jiahong and Tao Xuehong felt that although the verdict was not as good as expected, it was not completely unacceptable as a final verdict. After all, the old man came out and did not need to go to jail.

That night, Tao Ji, who was taken home, lost weight again, but was in good spirits. He invited Fang Yi to his home for a long chat.

"Lawyer Fang, although the verdict was changed in the second instance, to be honest, I still believe that I am innocent. Can I apply for a retrial?" Tao Ji did not give up.

Fang Yi knew that Mr. Tao was fighting for his breath, and if he didn't get rid of this knot in his heart, he would fall ill sooner or later.But this pimple is really not so easy to solve.

"Your case has already been judged, and it is the final judgment. You can apply for retrial. But you are not without a chance now." Fang Yi said after thinking for a while.

"What chance?" Tao Xuehong interrupted.

"The court of second instance found that the old man constituted the crime of illegal medical practice, but sentenced the old man to a suspended sentence below the statutory penalty. According to the law, this situation needs to be reported to the Provincial High Court and the Supreme Court for approval in accordance with the procedures.

At the time of approval by the Supreme Court, the court of second instance shall submit the judgment, all case files, evidence and other materials.The hope now lies in the approval of the Supreme Court. If the Supreme Court has read the defense statement and can accept the lawyer's defense opinion, then the case will have a chance of overturning the case. Otherwise... the hope of retrial is slim. "Fang Yi said with a serious expression.

"During the approval period of the Supreme Court, is there a high chance of changing the sentence?" Tao Xuehong asked.

"To be honest, the chances are not high, it all depends on luck." Fang Yi replied: "We can only wait and be passive."

Fang Yi's words made the glimmer of hope that had just been raised by everyone in the room disappear in an instant.

Tao Ji's case was sentenced to a sentence below the statutory sentence. Although it needs to be reported to the Supreme Court for approval, lawyers can't do much during the process. This approval process is not like the death penalty review process.

In the death penalty review process, lawyers can submit defense opinions and request to communicate with the reviewing Supreme Court judge.But in this case, lawyers and defendants had to wait.

(End of this chapter)