If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 230 I won’t sue you anymore, why isn’t it over yet?

On this day, Ren Zhen's office welcomed a client. This woman looked a little haggard but her face was full of stubbornness. The first words she said made Ren Zhen energetic.

"They insist that I'm a drug dealer!"

"Don't be anxious, speak slowly."

Ren Zhen asked Chang Jiahang to pour a glass of water for the very young couple and opened his notebook.

Su Miaofang's eyes turned red as soon as he said this. Zhang Jijie sighed, took out a tissue to wipe his wife's tears, and began to tell the story of the cause and effect.

Su Miaofang and Zhang Jijie are both 28 years old this year. They gave birth to a son last year. However, three months after the child was born, he was diagnosed with infantile epilepsy with migratory focal seizures, which is a kind of drug-refractory epilepsy.

This medical term is difficult to explain, but is technically defined as failure to achieve sustained seizure freedom despite the use of two correctly selected and tolerated antiepileptic drugs.

To put it simply, their child's disease has two characteristics: on the one hand, it is difficult to effectively control it for a long time; on the other hand, the mortality rate of this disease is very high, especially in children.

They didn't even want to cure the child, but just wanted to save the child's life. They sought medical treatment everywhere, but they could never find an effective treatment.

Later, a doctor kindly informed them that they knew about a drug called "Clobazam".

Clobazam is a drug approved for marketing in many countries and commonly used to treat epilepsy. It is mainly used to treat epilepsy abroad. However, it is a nationally controlled psychotropic drug in my country and has not yet been approved for marketing or imported. It is included in the list of second-category psychotropic drugs controlled by the state.

After being introduced by the patients, they began to buy medicines from overseas purchasing agents. After taking the medicine, their children's condition was significantly controlled, which made them overjoyed.

However, the source of this medicine is not stable, and even if you have money, you may not be able to buy it. During the process of taking the medicine, there were times when you were not able to buy it in time and you were forced to stop taking the medicine.

In July this year, Su Miaofang met another purchasing agent online. The other person said that he still had some medicines that he could sell to them, but he hoped that after receiving the medicines, Su Miaofang could help forward it to another patient, so that he could also Save yourself some trouble.

The other party was willing to sell the medicine to her, so Su Miaofang certainly could not refuse the other party's request. In her opinion, helping send medicine to other patients was saving people and doing a good deed.

What's more, if I helped this purchasing agent this time and established a good relationship, wouldn't it be more convenient to buy medicine next time?

So Su Miaofang gave her address to the other party. After receiving the medicine, she kept her own portion and sent the medicine according to the information provided by the other party.

Within a few days, law enforcement agencies came to the door.

Only then did Su Miaofang know that her behavior was suspected of smuggling, transporting, and selling drugs. Fortunately, the law enforcement agencies considered that her case was relatively minor and she still had children to take care of at home, so they did not arrest her and instead released her on bail. Coercive measures pending trial.

"You don't know at all that something big happened to your wife?"

Ren Zhen scratched his head, and a question made Zhang Jijie's expression become awkward.

"Ever since I found out that this medicine works, I really am not as concerned about my child's illness as I used to be."

Zhang Jijie lowered his head in shame.

"You can't blame him."

Su Miaofang's mood calmed down a lot at this time: "During the time when I was taking my child to see a doctor, neither of us worked hard, and the financial pressure on our family was already great.

Later, after he started taking this medicine, he focused on his work, and all the money he earned every month was taken care of by me.

My job is relatively easy, so I am basically handling the children's affairs. He will ask about medicines because he is running out of them at home. I have been in contact with the purchasing agent.

This time I met a new purchasing agent, and I thought it would be the same as the previous ones. Who knew something like this would happen. "

"So what do you want to do here today?"

Now that we have almost understood the facts of the case, it’s time to understand the claims of the parties involved.

“The law enforcement agency previously granted me bail pending trial and said that the Public Prosecution Court would contact us when the case reaches the point.

Yesterday, we got a call from the Public Prosecution Office, saying that our case was ready to be transferred to the court and that they had decided not to prosecute me. "

Convict or not prosecute?

Chang Jiahang interjected: "Isn't that good? Although you have been convicted, you will not be sentenced if you don't prosecute, and you don't have to bear any responsibility."

In criminal proceedings, non-prosecution can be roughly divided into three types: statutory non-prosecution, discretionary non-prosecution and doubtful non-prosecution.

No matter which case it is, the parties concerned can eventually be exempted from punishment. For the vast majority of defendants, this is a dream outcome.

Su Miaofang's statutory non-prosecution is a type of discretionary non-prosecution. Specifically, Su Miaofang will be found to have committed a crime, but the public prosecutor's office will not prosecute her, and no criminal law will arise. consequences.

Aside from leaving a criminal record, it would have little impact on her.

"Pretty good? Not good at all!"

Su Miaofang pursed her lips and expressed that she did not agree with the result: "I am just a mother who wants to treat her children, not a drug dealer!"

"Ms. Su, we understand your mood very well, but we still need to explain to you clearly the possible consequences of this."

Ren Zhen explained patiently: "Now the public prosecution agency is contacting you. Not only is it telling you the result, it should also tell you and ask you to plead guilty and accept punishment, right?"

"Yes, they asked me to go over and sign some book."

Su Miaofang nodded.

"Well, so the public prosecutor's opinion now is that the circumstances of your crime are relatively minor, and they can give you a relatively non-prosecution result after pleading guilty and accepting punishment."

Ren Zhen's next words made Su Miaofang and his wife change their expressions: "In other words, there are conditions for this conviction and no prosecution, and the condition is that you have to plead guilty and accept punishment.

If you insist that you have not committed a crime and do not sign the confession, the public prosecution agency will transfer the case to the court in accordance with the regulations. When the court makes a judgment and finds you guilty, you will bear criminal responsibility. . "

criminal responsibility?

Zhang Jijie was obviously a little anxious: "If you are criminally responsible, will you go to jail?"

"I haven't seen the materials in the hands of the public prosecution agency, so I can't be sure how serious Ms. Su's circumstances are."

Ren Zhen pondered for a few seconds: "But judging from the attitude of the public prosecution, the circumstances are indeed not serious. If the court imposes a sentence, there is a high probability that the sentence will not be implemented. I estimate that it will be a suspended sentence of several months.

But even a suspended sentence can be considered a relatively severe punishment compared to conviction without prosecution.

So Ms. Su, you still have to think about it carefully. Do you really not accept this suggestion from the public prosecution agency? "

Zhang Jijie held his wife's hand, opened his mouth, hesitated for a while, and then said: "Honey, how about we just listen to the Prosecution Court?"

A little struggle flashed on Su Miaofang's stubborn face.

"Convict him or her, as long as our family is doing well."

Zhang Jijie looked at his troubled wife and hugged her gently, feeling a little distressed. "No! I can't admit it!"

Su Miaofang was heartbroken, "I just bought medicine for my child, and I didn't take the money. I don't know what kind of drug this medicine is, why should I admit it?"

Moreover, I checked many situations similar to mine on the Internet during this period. In the past two years, there was a purchasing agent who purchased controlled drugs. He was finally convicted of selling counterfeit drugs.

There is another person who also purchased Clobazam on behalf of others. He was convicted of illegal business operations. How come it happened to me and I became a drug-related person?

It's okay if you are charged with a specific crime, I can't afford the crime of being a drug dealer!

I don’t want my son to be pointed at and said to be the child of a drug dealer when he grows up! "

Ren Zhen and Chang Jiahang were both silent. Drug crimes are indeed a special type of crime, and most people hate these criminals deeply.

Although Su Miaofang is not the kind of criminal who makes money by selling drugs, once this charge is implemented, people will widely regard her as a drug dealer, and it is indeed difficult for her to accept it.

Zhang Jijie knew his wife's personality, sighed, and stopped trying to persuade her.

"Ms. Su, your request is to insist on not pleading guilty, and we will defend you not guilty?"

Seeing that Su Miaofang was so resolute, Ren Zhen said no more. Anyway, everything that needed to be said had been said. If the person concerned insisted, they could only follow the person's wishes.

"Fight! Just fight not guilty!"

Su Miaofang gritted her teeth: "If I admit it like this, will anyone be able to buy this medicine in the future? What will happen if my child takes the medicine?

This medicine is not available here. We just want our children to take a life-saving medicine. Why should parents pay the price of going to jail?

There is no such truth! People say there is no mercy, but I just don’t believe it. Does the law really not consider any human kindness? "

Ren Zhen secretly gave Su Miaofang a thumbs up.

Perhaps Su Miaofang herself didn't realize that her thoughts were from the perspective of a group of people who all rely on controlled drugs for their livelihood. Although she was a bit paranoid, this pattern suddenly opened up.

Being a mother is strong and worthy of admiration!

"Okay, if you entrust us, our opinion will be based on the defense of innocence, but we still have to remind you that once the case is prosecuted in court, we cannot guarantee the final outcome."

Before signing the entrustment agreement, Ren Zhen explained the risks to them: "If the innocence defense fails, Ms. Su will bear criminal responsibility."

"I know this, just let go and go to court!"

Having made up her mind, Su Miaofang no longer hesitated: "I know there are risks. Even if I end up going to jail, I can't blame you.

Let's fight. I want to see what the court will do to me in the end. "

"Su Miaofang's lawyer, right? We have decided not to prosecute, so why did she invite a lawyer?"

While taking over Su Miaofang's file, the prosecutor was also a little confused.

"Su Miaofang insists that her behavior does not constitute a crime."

The prosecutor in front of him seemed to have a friendly attitude, and Ren Zhen smiled at him.

"Not guilty?"

Wu Shaoxing handed the dossier to Ren Zhen, sat down on the chair, and was a little surprised: "Why don't you plead guilty?

Didn't you tell her that she doesn't need to bear criminal responsibility if she doesn't prosecute? "

"I did, but Su Miaofang doesn't want to be known as a drug dealer."

Ren Zhen took the file and felt helpless.

"That's right."

Wu Shaoxing thought thoughtfully: "Maybe it's because he's afraid of affecting his children's exams?

But if she doesn't plead guilty, we will sue to the court and finally impose a sentence. The result will be the same. She will have to wait for a few more months of probation. What is the purpose of this? "

Kao Gong

Ren Zhen was speechless about Wu Shaoxing's brain circuit.

What Su Miaofang is more worried about now is whether her child can live to that age. Things like the father-in-law test have never been among the reasons for her worry, right?

"Can I ask, what are the reasons why our public prosecution agency decided not to prosecute Su Miaofang?"

Although he already had a rough guess, Ren Zhen still wanted to confirm it.

"First of all, her behavior of accepting the package purchased on behalf of others, and then sending it out on behalf of the purchaser, must constitute the crime of smuggling and transporting drugs. They are accomplices, you know.

This time Su Miaofang is not the only one, we have arrested several people in total. When the time comes for prosecution, they will hold court together. "

Wu Shaoxing sighed: "However, Su Miaofang's plot is the least serious. She first wanted to treat the child, and she did not accept the purchasing agent's money. She just helped send a courier. She only played a minor supporting role in the joint crime. .

Then she arrived at the case and truthfully confessed the crime, which was considered a confession.

The harm in her society is relatively low, it can even be said to be almost non-existent. Considering the situation in her family, the child is so young and still has this disease.

After considering the facts and circumstances of the case, we feel that there is no need to punish her at all, because what is the purpose of your punishment? Isn't it just for transformation, right? She really doesn't have any need to transform.

If criminal penalties are not necessary, there is no need to prosecute. "

Pretty much as expected.

Ren Zhen thought about it in his mind and knew that the prosecutor had considered all aspects in order to obtain a non-prosecution result for Su Miaofang.

However, Su Miaofang is unwilling now.

"I think you'd better give Su Miaofang some good advice after you go back."

Wu Shaoxing said sincerely: “The purchasing agent she contacted purchased clobazam in large quantities from abroad at low prices, and then sold it to the family members of epilepsy patients through WeChat groups, making a lot of profits from it.

This purchasing agent was smuggling and selling drugs, and now that purchasing agent has confessed and accepted punishment.

You said that the principal criminal confessed, but what’s the point of not confessing the accomplice?

I have decided not to prosecute her. Although a record will be kept, it is better than sending her to the court for a sentence, right?

Let me tell you the truth, even if she doesn't plead guilty, she will most likely be found guilty in court in the end, so tell her, don't be stubborn. "

As a public prosecutor, it is really rare for me to say something like this.

I've helped you find a way not to be held criminally responsible for your obvious crime, so why isn't it over yet?

(End of this chapter)