You became a lawyer and sent the judge in
Chapter 433 The classic statement is completed, waiting for the penalty result!
Chapter 433 The classic statement is completed, waiting for the penalty result!
Actually.
This case regarding Li Dong’s commutation of sentence is relatively simple.
The reason for saying this is because in this case, there is no need to prove any major fault on the part of the hospital.
All it takes is to prove Li Dong's subjectivity.
At the appellant's seat, Su Bai heard that the presiding judge made such a simple verdict on Li Dong's provocation.
It can be seen that the presiding judge of the second instance also disagreed with the determination of the sentence of the first instance in this case.
Su Bai didn't know what the appropriate sentence should be for Li Dong by the presiding judge of the second instance this time.
But he knew he would not be sentenced to more than three years in prison.
The provocation of quarrels and troubles has been judged to be over.
So in this case, Li Dong's sentence will be slightly reduced.
call.…
"At the moment, there is basically nothing to say. We will wait until the presiding judge sorts out the case."
"It can be judged!"
Su Bai thought silently in his heart.
According to his estimation, regardless of the verdict in this trial, Li Dong will be sentenced to many years in prison.
There is a high probability that they will only be sentenced to a suspended sentence.
For Li Dong, probation only leaves a criminal record.
You can carry out activities freely, and you can also take care of Xiao Chunmei.
From this point of view, it is a relatively good result for Li Dong.
.
....
On the judgment seat.
As the presiding judge, Wei Guoming turned to look at the hospital seat:
"Does the hospital have anything to say about the appellant's statement?"
At the hospital seat, Zhou Wei fell into deep thought after hearing the presiding judge's inquiry.
In Su Bai's statement just now, he basically stated the general situation of the hospital.
And there is factual evidence, which is impossible to refute at this point.
So let’s talk about Lin Wenjie.
Did Lin Wenjie deliberately get the share?
Based on the current performance and the statements of the lawyers appointed by the appellant, this is certainly true.
But can this be admitted?
This cannot be admitted.
So in this regard, Zhou Wei made a certain statement:
"presiding judge."
"We have something we want to state."
"We believe that the situation stated by the lawyer appointed by the appellant was based on legal scenarios, but he did not use objective factual evidence."
"There is no objective factual evidence, which means that this matter may not exist."
“Here, we request that the submissions made by the attorney appointed by the appellant be dismissed.”
When Su Bai heard that Zhou Wei asked the presiding judge to reject his statement because there was no objective factual evidence, Su Bai did not react too much.
Because what he just stated was very clear.
In this case, he was defending Li Dong's sentence reduction, not proving Lin Wenjie's guilt!
So does he need to produce some factual evidence?
No need!
Therefore...the presiding judge will definitely reject Zhou Wei's statement.
In fact, just as Su Bai expected, after Zhou Wei made his statement.
The presiding judge struck the hammer.
Rejected Zhou Wei's statement and stated the reasons:
"The lawyer entrusted by the appellant just stated very clearly. This case is discussed based on legal scenarios."
"We have not accused the hospital or Lin Wenjie of being at fault or committing any crime, so there is no need to provide any factual proof."
"Does the hospital lawyer know anything about this?"
After hearing the presiding judge's question, Zhou Wei's face became a little ugly, but he did not make any unnecessary rebuttal.
He nodded: "Understood."
"So are there any objections?"
Zhou Wei: "No objection."
"There is no objection. Let the parties begin making court statements."
The gavel struck.
Wei Guoming asked the prosecutor to start making court statements.
In Wei Guoming's view, there was actually nothing else to say in this trial.
He already basically understood what he needed to know.
I already have a general tendency in my heart.
If you continue the defense, you will probably have repeated discussions on those issues.
Repeated discussions have yielded no results, so there is no need for discussion.
Just proceed directly to the last court statement.
The prosecution's court statement was relatively brief.
The content of the statement is still an objective statement of Li Dong's criminal facts.
And the recommended sentence of upholding the first instance verdict was retained.
Apart from that, there is basically nothing else stated.
In this case, the prosecutor only fulfilled the responsibilities of a prosecutor and did not make too many statements in other aspects.
After finishing his statement.
As the presiding judge, Wei Guoming continued to require the hospital to make legal statements.
When he heard the presiding judge asking the hospital to make a court statement, Zhou Wei took a deep breath.
The presiding judge just rejected his request.
This already illustrates the attitude of the presiding judge.
He actually wasn't concerned about Li Dong's sentence.
Because even if Li Dong is sentenced to three or five years, or even if he is not guilty, it has nothing to do with the hospital.
What does it have to do with the hospital?
The only thing that has anything to do with the hospital is whether this public case will have a huge impact on the hospital!
This is the most important thing!
Therefore, the court presentation this time also focused on eliminating the impact of this case on the hospital.
Thinking of this, Zhou Wei began to make a court statement:
"President, our court statement is as follows."
"In this case, we are the victim, the party that was defrauded."
"We believe that Li Dong has caused huge losses and impact on us." "This includes direct economic losses and indirect reputational losses."
"Of course, we also have a certain understanding of Li Dong's current situation."
"Li Dong's family is indeed in difficulty."
"Our hospital has deep sympathy for Li Dong's family conditions and the situation his wife has encountered."
"But difficulty does not mean doing something illegal and criminal."
"So from this point of view, whether Li Dong's subjective intention is serious or light does not affect the conclusive facts of his crime."
"Please ask the presiding judge to consider the situation of the hospital and make a decision based on this point."
"..."
Zhou Wei's statement was relatively concise, but highlighted one key point.
——In this case, Li Dong’s criminal facts are clear, and it is a normal legal way for the hospital to ask for medical expenses.
There is no fault.
All the contradictions must be pointed at Li Dong, and the hospital's responsibility and adverse effects must be clarified.
Let all conflicts point to Li Dong, and all the voices on the Internet should point to Li Dong.
Then the hospital can completely avoid criticism from public opinion.
From Zhou Wei's perspective, there is no problem with this method.
But in reality, what do the public and the media see?
See which one is the most fundamental reason!
For example, in this case, Li Dong broke the law and committed a crime, but what was the reason?
It's because of poverty, because there is no money to buy medicine!
If he steals because he is lazy, does not work hard, and has no money to buy medicine, he will be criticized morally.
But is he lazy? Is it because he doesn't work hard enough? !
No!
No matter how hard he works, he can't catch up, and he can't afford the high drug prices and imported drugs!
From another perspective, if Lin Wenjie hadn't insisted on using imported medicine prices for Xiao Chunmei.
So will Li Dong commit illegal crimes because he can't afford medicine?
Neither will it!
So from these points, the focus of the media and the public is to consider the issue from Li Dong's standpoint.
Instead of considering the problem from the perspective of the hospital.
Who is the vulnerable group and who is the injured party in this case?
The eyes of the masses were sharp and they could see clearly!
During the live broadcast of the public trial, most people criticized the hospital's statements.
"?"
"What did the hospital's lawyer say? What did it mean that it caused huge losses to the hospital?"
"I don't understand!"
"If Lin Wenjie from the hospital hadn't prescribed the sky-high price medicine to Li Dong, how could this happen?"
"Can't Li Dong afford 1000 yuan a month? The payment of 168100 yuan, calculated based on 15000 yuan a year, can be paid for about 11 years!"
"In the final analysis, the root cause is the reason for prescribing sky-high price medicine!"
"I don't believe a word that the hospital can understand Li Dong!"
"Yes, is this nonsense? No matter how you look at this case, the hospital was at fault from the beginning.
Lin Wenjie should also be held accountable. This statement feels a bit ridiculous! "
"You don't understand this, right? This is obviously the hospital trying to get rid of its own problems, but it didn't occur to netizens that they wouldn't buy it!"
"Hahaha, it seems that the lawyers at this hospital don't understand the issues considered by the people at the bottom!"
"I feel a bit...the hospital's statement is too far-fetched!"
"+1+1, the hospital made a mistake, just admit it and make corrections, why don't you insist on being tough here and not admit your mistakes?"
"When the time comes, everyone will go to the mini program to report!"
"Haha, yes, yes!"
"..."
On the other side, in the court hearing, under the signal of the presiding judge, Su Bai also began to make a court statement.
The statutory statement made by Su Bai this time was based on the defense of commutation.
After sorting out the information in front of him, Su Bai slowly said:
"presiding judge."
"For this case, we have stated the criminal facts many times. Please plead guilty and accept punishment!"
"No matter what the verdict is, we agree with it."
"Similarly, we also have something we want to express."
"Li Dong, 1.69 meters tall, 34 years old, doing manual labor."
"The monthly income is less than 10,000."
"When using fake official seals, I always use fake official seals to pay medical expenses when I have no choice but to pay medical expenses."
"As for the drugs Lin Wenjie prescribed to Xiao Chunmei, Li Dong's wife, the average monthly medication cost is about 15000, and including other drugs, the total is about ."
"Here, we don't want to elaborate too much on Lin Wenjie's prescribing of high-priced drugs."
"But we want to state that based on Li Dong's income and labor, he really cannot afford such high medical expenses."
"The two formed a family, and Xiao Chunmei had no source of income, and she also had children who were in school."
"Family expenses are also very high."
"The law is ruthless. If Li Dong is sentenced to a serious sentence, his family will lose a major source of income and cause the family to be broken up."
"In Li Dong's entire criminal behavior, he did not subjectively infringe on the personal rights of others."
"In other words, there is no subjective behavior of harming others."
"So from this point of view, Li Dong's crime has a reason that can be accepted by the public."
"Based on this... I hope the presiding judge will take the above into consideration when determining the sentence."
"We are judging Li Dong."
Under normal circumstances, the presiding judge needs to consider many aspects when making a sentence for a criminal.
It also needs to be approached from multiple angles.
Motive of crime, reason for crime, degree of crime harm.
These are the situations that need to be taken into consideration.
Li Dong's fraud is excusable.
This does not mean that there is no crime, nor does it mean that his criminal behavior can be forgiven.
But there is a reliable reason.
Moreover, it did not cause major social harm, nor did it cause any property or economic losses to other individuals.
And in terms of fraud, loopholes are also used.
From this point of view, the sentence can be reduced to a certain extent.
Statement completed.
Su Bai raised his head and looked at the court seat. The court defense session was now over.
All we have to do is wait for the presiding judge to make the final verdict! .
....
PS: Please give me a monthly ticket~
(End of this chapter)
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