You became a lawyer and sent the judge in
Chapter 430 The content of this statement is probably not to carry people directly in!
Chapter 430 The content of this statement is probably not to carry people directly in!
After deciding to entrust Li Dong with this case.
Su Bai quickly sorted out the materials needed for the second instance appeal.
in the judgment of first instance.
Because the lawyer who assisted Li Dong in the lawsuit was not very responsible.
During the first trial, a lot less evidence was submitted and not many opinions were stated.
Li Dong's lawyer's main message was to plead guilty and accept punishment.
As a result, there was a lot of evidence that was not admitted and a lot of missing opinions that did not appear in the first instance trial.
Therefore, during the second instance of appeal, Su Bai's new viewpoints and new evidence were easily accepted by the second instance court.
New evidence has a certain probability of overturning the first instance verdict.
Yang City Intermediate Court decided to accept this case!
In addition, Su Bai also applied to the prosecutor for Xiao Chunmei's attending doctor from the Second Hospital of Yang City to be allowed to appear in court.
This application was approved by the prosecutor.
However, Su Bai applied to the prosecutor as a witness.
Whether you agree or not depends on the opinions of the parties involved.
Yang City Second Hospital, office of the attending physician in the Department of Nephrology.
As Xiao Chunmei's attending doctor, Lin Wenjie is sitting on the chair in the office, looking at this month's drug performance bonus on his mobile phone.
Looking at the performance bonus on his phone, Lin Wenjie frowned slightly.
"This month's performance bonus is a bit low! It's nearly 1/3 less than last month! It seems I have to continue working hard next month!"
Lin Wenjie muttered silently, with a hint of displeasure on his face.
Then he took a sip of tea and sent a voice message to one of his patients.
The voice in the voice was full of care.
"Your wife's disease requires better medicine. If she doesn't take better medicine, her condition cannot be controlled."
"Just follow what I said and go to the drugstore I recommend to buy it. Yes, the imported drug is a little more expensive, but it is very effective and has a very good effect on your wife's disease!"
"Don't look at the price. You have to look at it in the long term. Of course, you don't have to buy it at all. As long as you don't pay attention to your wife's condition, you can say anything."
"Yes, yes... mention my name and you can get a 20% discount."
On the other end of the phone, the unknowing patient kept thanking Lin Wenjie.
Lin Wenjie looked at the phone interface, showed a satisfied smile, and then continued to reply.
"You don't have to thank me. As long as your wife can cure her illness, everything will be fine."
"Okay, let's just say this first, I still have several patients who need to be treated."
After sending the message, the corners of Lin Wenjie's mouth raised slightly.
I took a sip of tea and was about to send a message to the next person when suddenly the phone rang.
Seeing Vice President Wang's note on the phone number, Lin Wenjie immediately answered the call, put away the proud expression on his face, and suddenly became serious:
"Dean Wang...what's the matter with you calling me?"
Vice President Wang on the other side of the phone spoke slowly:
"Did you have a family member of a patient named Li Dong under your command?"
"He was the one who caused trouble in our hospital some time ago, and was arrested by our hospital's police, remember?"
Lin Wenjie thought for a moment, then hurriedly replied:
"Remember to remember."
"His wife has uremia. I remember this patient's family very clearly."
"What's the matter? This Li Dong, I remember, is just an ordinary person. Does he have any relatives working somewhere?"
Lin Wenjie asked cautiously.
Vice President Wang's tone was calm: "That's not true, but there is one thing."
"Now the procuratorate has contacted our hospital and said it wants to contact you and ask if you want to go to court."
"Because this case seems to have something to do with you."
"But I know the person in charge at the Procuratorate. He informed me in advance, and then I turned around to ask for your opinion."
"Do you want to go to court in this case?"
After hearing what Vice President Wang said, Lin Wenjie asked again:
"Dean Wang, let me ask, what is the point of my appearing in court?"
"I don't know about this. I just came here to ask for your opinion."
Vice President Wang came here specifically to ask for his opinion, and Lin Wenjie also knew what this meant.
It must be Vice President Wang who wants him to appear in court, otherwise why would he call himself?
Thinking of this, Lin Wenjie agreed immediately.
"Dean Wang, I will appear in court."
On the other end of the phone, Vice President Wang nodded gently:
"Okay, then you should understand the situation of this case in advance."
"Our hospital will also have a lawyer accompany you to appear in court, so you don't have to worry."
"Okay, Dean Wang, thank you for your concern, Dean Wang."
"Ah."
After saying that, Vice President Wang hung up the phone.
Looking at the hung up phone, Lin Wenjie's eyes flashed with thought.
This case requires him to appear in court?
What does this case have to do with him, and why is he required to appear in court?
He remembered clearly that Li Dong came to harass him many times and accused him, but there was no evidence.
He was afraid of any trouble, so he hinted to the hospital that there might be something wrong with Li Dong's payment slip.
Later, the hospital really found out that there was something wrong with the payment form.
So he called the police and sent Li Dong in.
Several months had passed since this incident, and he remembered that the result of the first trial had already come down, and it seemed that the sentence was two or three years.
However, he couldn't remember the incident clearly, because he didn't care and only found out about it when his colleagues were talking about it.
But now...
The second trial required him to appear in court, which Lin Wenjie didn't understand very much.
If you don't understand, you don't understand. He has already agreed to this matter, so he must go.
Besides, the hospital's lawyers are also top-notch, so there won't be any other problems.
Thinking of this, Lin Wenjie felt relieved a lot.
"Just go... It's not like I haven't participated in this kind of court hearing before. It's like taking a vacation."
.
....
On the other hand, the Yang City Intermediate Court has issued the court date to all parties after accepting the case.
Today is the court date.
Before the hearing of this case, Su Bai applied to the Xiangyang Intermediate Court for a public hearing.
And a certain analysis of this case was published on the account of Bai Jun Law Firm.
Some details have been withheld, but it mainly tells the circumstances of the case.
Li Dong’s case involves a very topical content——
Hospitals prescribe medicines indiscriminately and at exorbitant prices.
To be honest, this situation is not uncommon, but situations like Li Dong's are very rare!
Whether it was engraving the official seal privately to save his wife, or the hospital prescribing drugs at high prices, or doctors in the hospital engaging in suggestive behavior.
No matter which one of these three points is picked out, it will be very explosive.
Enough to be a hot search.
Because medical care is a livelihood issue that ordinary people are concerned about.
Many people are ordinary people who cannot afford to see a doctor. What if it becomes a difficult thing to do?
Therefore, Li Dong's case has received relatively high attention.
Of course...before the trial, the short video account posted only some simple content.
There is no detailed process.
But even so, it attracted a lot of attention from fans and media coverage. In addition, the Yang City Intermediate People’s Court also approved Su Bai’s application for a public hearing before the hearing.
At the court hearing.
After the staff introduced the parties to the court hearing seats, the collegial bench entered.
On the judgment seat.
As the presiding judge of this case, Wei Guoming briefly organized the case before the trial.
In this case, overall, Li Dong is guilty.
Because the evidence of Li Dong's crime of privately engraving his official seal is very clear, and the evidence chain is also very complete.
There is no doubt about this.
There is no question about the amount of the fraud either.
From this point of view, the only thing Li Dong and his attorney can do in this case is to plead for a reduced sentence.
Since the first instance also involved picking quarrels and provoking trouble, in Wei Guoming's view, there was no problem in the first instance judgment of three years and six months in prison.
but.…
Wei Guoming also knew very well that in the first-instance case, the judgment of "picking quarrels and provoking trouble" was somewhat inappropriate.
but!
How to decide the second instance depends on how the appeal party, that is, Li Dong's attorney, expresses his opinion.
Let’s see what the appellant’s claims are.
Thinking of this, Wei Guoming, as the presiding judge, struck the hammer and then continued:
"The cause of this case: The appellant Li Dong believed that the sentencing in the first instance was inconsistent."
"And some of the charges are inappropriate."
"Apply for a second instance, overturn the first instance judgment, and defend the sentence reduction."
"Does the lawyer appointed by the appellant have any objections to this point?"
Seeing the presiding judge's eyes falling on him, Su Bai sorted out the materials in front of him.
In this case, Li Dong, as a criminal suspect, does have criminal facts.
Never mind what his motives were.
But it is true that he privately carved the official seal and violated the interests of the hospital.
The fact of fraud is established.
So from this point of view, the fact of Li Dong's crime cannot be denied.
In other words, a not guilty plea cannot be made.
The only defense is to reduce the sentence.
After finishing sorting it out, Su Bai slowly said: "Presiding Judge, we have no objection."
After Wei Guoming heard that the appellant had no objection.
Then let the prosecutor start to state the criminal facts of Li Dong in this case and the content of the accusation.
There is not much difference between the prosecutor's accusation and the first-instance accusation.
Basically, Li Dong was accused of committing the crime of picking quarrels and provoking trouble, and he was also charged with fraud.
Describe the crime in detail.
Finally, the prosecutor made another statement: "The prosecutor does not agree with the above-mentioned party's lawsuit application and requests the presiding judge to uphold the original verdict of the first instance."
At this point, the prosecutor's statement ends.
The prosecutor's statement was very simple, but what was Su Bai going to do?
What Su Bai has to do is to minimize the maliciousness and seriousness of the prosecutor's statement.
This is also the most important point in defending a reduced sentence!
When the presiding judge asks the appellant to make a statement.
Su Bai began to make a statement.
"Presiding Judge, we do not agree with the prosecutor's proposal to uphold the original verdict of the first instance."
"The specific views are as follows."
"First, the prosecutor stated that we had engaged in provocation, provocation, and fraud."
"We do not agree with the concept of picking quarrels and provoking trouble."
"According to the legal understanding of picking quarrels and provoking trouble."
"First of all, we did not team up with others to go to the hospital to ask for an explanation. Secondly, we did not endanger public safety."
"Why did our client go to the hospital?"
"The purpose of our client Li Dong going to the hospital is to ask for an explanation!"
"Li Dong thought that the medicine fees prescribed by the hospital were very unreasonable, so he went to consult the hospital and asked for an explanation."
"what is this?"
"This is to protect our legitimate rights and interests!"
"How do you call it picking quarrels and provoking troubles? Could it be that safeguarding one's own legitimate rights and interests is also called picking quarrels and provoking troubles?"
"Did Li Dong endanger public safety? Or cause other major property losses?"
"nothing!"
"So we believe that the crime of picking quarrels and provoking trouble is not established."
What is the crime of picking quarrels and provoking trouble? Say it 100 times, almighty sin!
Many situations apply to this crime of picking quarrels and provoking trouble!
Su Bai first stated the crime of picking quarrels and provoking trouble because this crime was very easy to refute.
Putting aside everything else, in the context of general rights protection, how is picking quarrels and provoking trouble determined? It cannot be considered as picking quarrels and provoking trouble!
After describing the content of picking quarrels and provoking trouble, Su Bai continued to state the issue of sentencing for fraud.
The most important thing in this case is the conviction for fraud.
The sentenced sentence is also inseparable from the conviction of this fraud crime.
So this is also the key point of Su Bai's statement.
Just listen to Su Bai's statement: "About the crime of fraud."
"Our client used a fake official seal that was carved privately to try to deceive him about the medical expenses he paid."
"We admit that we committed fraud and plead guilty."
"But regarding the plot, we want to express something -"
"After we used a fake official seal to submit our medical expenses for the first time, we paid a total of 28 times."
"Among them, only 12 medical expenses were submitted using fake official seals."
"The amount that was deceived was 168000, which is how much the amount of fraud was."
"But the fee paid is as high as 24."
"From this point, it is obvious that we do not engage in particularly serious subjective fraud."
"A little more."
"We did not subjectively commit fraud at the beginning, but it was the hospital's negligent behavior that led to the fraud on our part."
At the trial table, Wei Guoming frowned slightly when he heard Su Bai's statement.
"Please give the appellant a detailed explanation."
"Okay, Judge."
“Based on what our client has stated.
Our client only came up with the idea of using a fake official seal to pay the fee when his wife's doctor, Lin Wenjie, repeatedly advised her to buy high-priced medicines and could not afford them. "
"And the reason why our client Li Dong used a fake official seal to pay the fees."
"It's because of the hints his attending doctor Lin Wenjie made to our client Li Dong."
"It led him to have this idea."
After hearing Su Bai's statement, the entire courtroom fell into silence for a moment.
? ? ? ?
what?
The attending doctor hinted to Li Dong to use a fake official seal to pay the fees? !
What the hell? !
Lin Wenjie, who was sitting in the court hearing room, felt dizzy after hearing Su Bai's statement.
He finally understood now why he had to appear in court in this trial!
Judging from the statement made by Li Dong’s lawyer, it’s obviously aimed at him, right? ! .
....
PS: Please give me a monthly ticket~
(End of this chapter)
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