Lawyer
Chapter 815 Big Scene
Chapter 815 Big Scene
After leaving the detention center, Fang Yi and Yun Qiao got into the car and went back to the law office.
"Master, does Chu Guangxian's case constitute the crime of producing and selling counterfeit medicine?" Yun Qiao asked.
"I feel that selling counterfeit drugs should constitute a crime, but whether it constitutes a crime is not certain. You can check the regulations when you go back. I feel that this case is a bit like a medical malpractice. You can check the information in these two directions, and we will make an appointment with the family members later. "Fang Yi replied.
"Okay, let's go to the procuratorate to review the papers in the afternoon. Shall we go back to the law firm at noon? It takes an hour to come and go." Yun Qiao asked Fang Yi for advice.
"I won't go back. I'll find a place to have some lunch at noon, then I'll take a rest and go to the procuratorate to review the papers in the afternoon." Fang Yi replied.
Two days later in the afternoon, Chu Hua and his mother Ding Caifang came to the law firm again.
"Lawyer Fang, how is my husband's case...?" Ding Caifang saw Fang Yi enter the door and asked eagerly before he could sit still.
"We've read the case file and talked to your husband. I won't mingle with you.
The capsules Dr. Chu used for the victim had not been inspected, approved or approved by any drug regulatory agency, and the prescriptions he used were not given by designated medical institutions, let alone meet national standards.
Therefore, we believe that there is no problem with the public security organs and the procuratorate finding that the medicine given to the victim by Dr. Chu was counterfeit. "Fang Yi said.
"Ah! Do you mean that my father must have committed the crime of producing and selling counterfeit medicines? Will he go to jail?" Chu Hua asked hastily.
"Not necessarily, I mean that although Dr. Chu is suspected of selling counterfeit medicines, it does not necessarily constitute the crime of producing and selling counterfeit medicines, because the number of capsules he prepared is relatively small, and they are for specific patients, not for the general public.
But after all, the patient died after taking the medicine prescribed by him. I am more inclined that this is a medical accident.Doctor Chu may constitute a crime of medical malpractice. "Fang Yi explained.
"Then is there any difference between these two charges? In terms of sentencing?" Ding Caifang asked anxiously.
"According to the provisions of the "Criminal Law", whoever commits the crime of producing or selling counterfeit medicines and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and shall also be fined or confiscated property.
However, if the medical personnel cause the death of the patient or seriously damage the health of the patient due to serious irresponsibility, it constitutes a crime of medical malpractice and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The sentences for the two are very different.Our suggestion is to rely on the crime of medical malpractice and try to get Dr. Chu to be sentenced to probation.Of course, it is hard to say now whether the court can accept our defense opinion.
Do you want to continue commissioning? "Fang Yi explained.
"If you are entrusted to defend my father, how much will the lawyer's fee be?" Chu Hua asked after hesitation.
"The lawyer's fee is 5 yuan." Fang Yi replied.
"Fifty thousand... Let's go back and discuss it, and I'll get back to you in a couple of days." Chu Hua looked at his mother and said.
"Okay, I'll wait for your call." Fang Yi and Yun Qiao got up and sent Chu Hua's mother and son out the door.
……
Shi Yalan's intentional homicide case finally opened.But what Fang Yi didn't expect was that a video camera was set up at the court trial in the Provincial High Court. People from the provincial Taiwan came, as well as reporters from several well-known newspapers in the province, holding long guns and short cannons in their hands. The first two rows are fully occupied.
As soon as Fang Yi and the defendant's father, Shi Rong, entered the courtroom, they were immediately surrounded by reporters with badges around their necks, asking questions.
Fang Yi avoided the reporters and took Yun Qiao to the defense stand because the court was about to start and it was not convenient to answer the questions.
"Master, this is too much, I can't even walk because of it. It's a big scene, definitely a big scene." Yun Qiao muttered in a low voice after she arranged the documents needed for the trial.
"This scene is for the defendant, not for us. These reporters have all gone to the Women's Federation and Shi Rong's house before, just to get some fresh materials and go back to make an explosive news." Fang Yi scanned Glancing at the people in the auditorium, he said calmly.
"It's true, some reporters came to our law firm before, but they were all blocked by the front desk. It is said that a reporter found Boss Wan through connections. Boss Wan said that the case has not yet opened and it is inconvenient to interview, so he was blocked." Yun Joe laughed.
"Boss Wan is playing hard to get. He leaked the news in advance. How can this case be such a sensation?! Hehe..." Fang Yi understands the fat old man like a farmer understands manure. The fat old man will never give up any publicity law firm, Opportunities for teams and lawyers.
After a while, the judge of the High Court entered the courtroom and the court session began!
……
"The prosecutor questioned the appellant about the facts found in the first-instance verdict." The presiding judge looked at the public prosecutor's seat with a serious face.
"Appellant Shi Yalan, what did you see on the night of the incident?" The female prosecutor in her 30s looked at Shi Yalan who was sitting on the appellant's bench.
"I was sleeping in the house that night, and my husband came in with a woman in her 20s. Then my husband asked me to make room for me to sleep outside." Shi Yalan said calmly, without showing any signs of embarrassment. flustered.
A person's transformation must start from the heart. It may be the collapse of faith, or encounter a catastrophe, or encounter betrayal.
Shi Yalan's calm at this time came from a change in her heart. She did not panic like other defendants who were sentenced to death, or begged the judge to let her go.Her heart is so peaceful, there can only be one reason, she has lost confidence in life, her heart is dead.
In fact, the performance of death-row inmates before execution is not the same. Some people will feel weak in their legs and feet, some people will feel that they are a man, and some people will cry bitterly and shout that they are sorry for the country and the people (in fact, they I have never thought about the country and the people, everything is for myself), and of course there are people who talk and laugh (such as a murderer who killed many people in a row that a CCTV reporter once interviewed).
The reason for the above-mentioned situations is that they have different thoughts in their hearts. Some people think that this time is over; What I thought was revenge, so I can leave with peace of mind.The difference in mentality leads to their different final performances.
"Did you go to sleep outside?" the female prosecutor then asked.
"Go, I went to the outhouse and slept on the sofa." Shi Yalan replied.
"And then?" The female prosecutor continued to ask, her tone relaxed.
"There were too many mosquitoes in the outer room, and I was woken up in the middle of the night. Then I went to the back room to get electric mosquito coils, and saw my husband sleeping with that woman..." Shi Yalan's eyes fluctuated slightly, and he was a bit emotional. Excited: "I went to the kitchen to get a kitchen knife and chopped them up."
(End of this chapter)
After leaving the detention center, Fang Yi and Yun Qiao got into the car and went back to the law office.
"Master, does Chu Guangxian's case constitute the crime of producing and selling counterfeit medicine?" Yun Qiao asked.
"I feel that selling counterfeit drugs should constitute a crime, but whether it constitutes a crime is not certain. You can check the regulations when you go back. I feel that this case is a bit like a medical malpractice. You can check the information in these two directions, and we will make an appointment with the family members later. "Fang Yi replied.
"Okay, let's go to the procuratorate to review the papers in the afternoon. Shall we go back to the law firm at noon? It takes an hour to come and go." Yun Qiao asked Fang Yi for advice.
"I won't go back. I'll find a place to have some lunch at noon, then I'll take a rest and go to the procuratorate to review the papers in the afternoon." Fang Yi replied.
Two days later in the afternoon, Chu Hua and his mother Ding Caifang came to the law firm again.
"Lawyer Fang, how is my husband's case...?" Ding Caifang saw Fang Yi enter the door and asked eagerly before he could sit still.
"We've read the case file and talked to your husband. I won't mingle with you.
The capsules Dr. Chu used for the victim had not been inspected, approved or approved by any drug regulatory agency, and the prescriptions he used were not given by designated medical institutions, let alone meet national standards.
Therefore, we believe that there is no problem with the public security organs and the procuratorate finding that the medicine given to the victim by Dr. Chu was counterfeit. "Fang Yi said.
"Ah! Do you mean that my father must have committed the crime of producing and selling counterfeit medicines? Will he go to jail?" Chu Hua asked hastily.
"Not necessarily, I mean that although Dr. Chu is suspected of selling counterfeit medicines, it does not necessarily constitute the crime of producing and selling counterfeit medicines, because the number of capsules he prepared is relatively small, and they are for specific patients, not for the general public.
But after all, the patient died after taking the medicine prescribed by him. I am more inclined that this is a medical accident.Doctor Chu may constitute a crime of medical malpractice. "Fang Yi explained.
"Then is there any difference between these two charges? In terms of sentencing?" Ding Caifang asked anxiously.
"According to the provisions of the "Criminal Law", whoever commits the crime of producing or selling counterfeit medicines and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and shall also be fined or confiscated property.
However, if the medical personnel cause the death of the patient or seriously damage the health of the patient due to serious irresponsibility, it constitutes a crime of medical malpractice and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The sentences for the two are very different.Our suggestion is to rely on the crime of medical malpractice and try to get Dr. Chu to be sentenced to probation.Of course, it is hard to say now whether the court can accept our defense opinion.
Do you want to continue commissioning? "Fang Yi explained.
"If you are entrusted to defend my father, how much will the lawyer's fee be?" Chu Hua asked after hesitation.
"The lawyer's fee is 5 yuan." Fang Yi replied.
"Fifty thousand... Let's go back and discuss it, and I'll get back to you in a couple of days." Chu Hua looked at his mother and said.
"Okay, I'll wait for your call." Fang Yi and Yun Qiao got up and sent Chu Hua's mother and son out the door.
……
Shi Yalan's intentional homicide case finally opened.But what Fang Yi didn't expect was that a video camera was set up at the court trial in the Provincial High Court. People from the provincial Taiwan came, as well as reporters from several well-known newspapers in the province, holding long guns and short cannons in their hands. The first two rows are fully occupied.
As soon as Fang Yi and the defendant's father, Shi Rong, entered the courtroom, they were immediately surrounded by reporters with badges around their necks, asking questions.
Fang Yi avoided the reporters and took Yun Qiao to the defense stand because the court was about to start and it was not convenient to answer the questions.
"Master, this is too much, I can't even walk because of it. It's a big scene, definitely a big scene." Yun Qiao muttered in a low voice after she arranged the documents needed for the trial.
"This scene is for the defendant, not for us. These reporters have all gone to the Women's Federation and Shi Rong's house before, just to get some fresh materials and go back to make an explosive news." Fang Yi scanned Glancing at the people in the auditorium, he said calmly.
"It's true, some reporters came to our law firm before, but they were all blocked by the front desk. It is said that a reporter found Boss Wan through connections. Boss Wan said that the case has not yet opened and it is inconvenient to interview, so he was blocked." Yun Joe laughed.
"Boss Wan is playing hard to get. He leaked the news in advance. How can this case be such a sensation?! Hehe..." Fang Yi understands the fat old man like a farmer understands manure. The fat old man will never give up any publicity law firm, Opportunities for teams and lawyers.
After a while, the judge of the High Court entered the courtroom and the court session began!
……
"The prosecutor questioned the appellant about the facts found in the first-instance verdict." The presiding judge looked at the public prosecutor's seat with a serious face.
"Appellant Shi Yalan, what did you see on the night of the incident?" The female prosecutor in her 30s looked at Shi Yalan who was sitting on the appellant's bench.
"I was sleeping in the house that night, and my husband came in with a woman in her 20s. Then my husband asked me to make room for me to sleep outside." Shi Yalan said calmly, without showing any signs of embarrassment. flustered.
A person's transformation must start from the heart. It may be the collapse of faith, or encounter a catastrophe, or encounter betrayal.
Shi Yalan's calm at this time came from a change in her heart. She did not panic like other defendants who were sentenced to death, or begged the judge to let her go.Her heart is so peaceful, there can only be one reason, she has lost confidence in life, her heart is dead.
In fact, the performance of death-row inmates before execution is not the same. Some people will feel weak in their legs and feet, some people will feel that they are a man, and some people will cry bitterly and shout that they are sorry for the country and the people (in fact, they I have never thought about the country and the people, everything is for myself), and of course there are people who talk and laugh (such as a murderer who killed many people in a row that a CCTV reporter once interviewed).
The reason for the above-mentioned situations is that they have different thoughts in their hearts. Some people think that this time is over; What I thought was revenge, so I can leave with peace of mind.The difference in mentality leads to their different final performances.
"Did you go to sleep outside?" the female prosecutor then asked.
"Go, I went to the outhouse and slept on the sofa." Shi Yalan replied.
"And then?" The female prosecutor continued to ask, her tone relaxed.
"There were too many mosquitoes in the outer room, and I was woken up in the middle of the night. Then I went to the back room to get electric mosquito coils, and saw my husband sleeping with that woman..." Shi Yalan's eyes fluctuated slightly, and he was a bit emotional. Excited: "I went to the kitchen to get a kitchen knife and chopped them up."
(End of this chapter)
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