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

Chapter 231 Conviction or not prosecution? I disagree!

"I know what you are saying, and I will tell you the truth. Su Miaofang now feels that if she admits it, it will be more difficult to buy clobazam medicine in the future."

Ren Zhen sighed. Although he also had such thoughts, he still had to follow Su Miaofang's request:

"What will happen if her child cannot buy medicine in the future? What will happen to other children with epilepsy that cannot be cured?"

"Justice!"

Wu Shaoxing admired without concealment, but still did not let go:

"I also know what she said. Smuggling and selling are all the business of drug dealers. For these family members, as long as there is medicine and it can cure the disease, they don't care whether it is medicine or drugs.

But we can't think like this. If we really follow her ideas, then this kind of drug will be uncontrollable, and how can we maintain order, right?

We are all lawyers. When handling a case, we must look at the law and the evidence. No matter how extenuating the circumstances are, it will still be a crime. "

"When will Su Miaofang's case be prosecuted?"

Ren Zhen was silent for a while and asked a question.

"Probably before the end of the week."

Wu Shaoxing glanced at his phone and made an estimate, "There is still a criminal suspect whose materials have not been completed. After these two days are over, their cases will be sent to the court together.

If Su Miaofang agrees to convict and not prosecute, you will sign a confession and acknowledgment of punishment in these two days. Otherwise, when the case reaches the court, it will be beyond the control of our Public Prosecution Court. "

"Okay, thank you then. Please give us a copy of the file."

Ren Zhen stood up to express his gratitude and prepared to leave.

After Su Miaofang once again expressed his firm refusal to plead guilty, Ren Zhen replied to Wu Shaoxing and began to prepare for the next trial.

"Ren Lu, where do you plan to start this case?"

Chang Jiahang was a little confused and asked distressedly.

Ren Zhen did not give any guidance and asked him to analyze the case by himself first, and then the two of them would exchange ideas with each other.

This is the way Ren Zhen has been training him. Chang Jiahang knows that Ren Zhen is training himself, but in this case, he really can't find even an entry point.

"First tell me what you think about this case."

Ren Zhen stretched and did not answer directly.

"Well, actually I think Su Miaofang did commit a crime."

Chang Jiahang looked at what he had prepared for several days. Although he could not find the direction of defense, he had almost analyzed the case.

“First of all, I think there is no controversy about whether clobazam is a drug.

According to the relevant provisions of the criminal law, in addition to the six clearly named drugs, there is also a general category of "other narcotic drugs and psychotropic drugs that are controlled by the state and can induce human addiction".

In other words, if a drug is a narcotic drug or psychotropic drug controlled by the state in form, and can actually cause humanoid addiction, it is a drug stipulated in the criminal law. "

Chang Jiahang took out a stack of printed information from his hand: "In 2012, the Supreme People's Procuratorate issued regulations on the standards for filing and prosecution of criminal cases, which clearly stipulated that the specific types of drugs should be classified into the "Narcotic Drug Type Catalog" and the "Psychotropic Drug Type Catalog" as basis.

Clobazam belongs to the second category of controlled drugs in the "Catalogue of Psychotropic Drugs" and can be used to treat anxiety disorders and refractory epilepsy.

After taking the drug stably for a period of time, if the drug is suddenly stopped, a certain withdrawal reaction will occur, which will cause obvious drug dependence.

If the logic of my argument is correct, the law enforcement agencies and the Public Prosecution Court believe that clobazam is a drug, so there should be no problem. "

After explaining the characterization of Clobazan, Chang Jiahang glanced at Ren Zhen and met Ren Zhen's approval eyes.

"No problem, go on."

Chang Jiahang breathed a sigh of relief.

The law is actually a very complicated thing. Just like the clobazam involved in this case, in the eyes of ordinary people, an estimated nine and a half out of ten people would think it is a drug.

But law enforcement agencies and public prosecution agencies have determined it to be a drug, and they must have organized a set of identification logic.

Nowadays, many drug-related crimes in the country are not like those in the movies. They are obviously Ma Feibingdu and involve various controlled drugs. Making accurate judgments about them is a difficult problem that tests the skills of case investigators.

“Then another thing is, the crime of smuggling and selling drugs, what are the legal interests that this crime infringes upon.

This is actually not clearly stipulated in the criminal law, but there is no conflict between the theoretical community and the practical community on this point. It is basically the state's drug management order.

The fundamental purpose of prohibiting the spread of drugs is to prevent drugs from harming public health. Therefore, drug crimes are essentially abstract dangerous crimes and do not need to cause actual damage.

As long as the perpetrator is smuggling or possessing drugs, there is a risk of drug spread and abuse, and he should be criminalized.

The purchasing agent Su Miaofang knew was a drug trafficker. Although Su Miaofang did not make a profit, her act of helping to send express delivery brought risks to public health. According to the identification of an accessory to the crime of smuggling and selling drugs, there is no problem. . "

Seeing that Ren Zhen didn't point out his mistake or interrupt him, Chang Jiahang continued:

"Then what I can think of, the most likely way to argue that Su Miaofang is innocent is from the subjective aspect, but after my analysis, I feel that the subjective aspect doesn't seem to work either.

In judicial practice, it is generally presumed that the perpetrator's subjective knowledge is based on objective behavior. Combined with the prosecution standards and Su Miaofang's confession, plus the evidence in the case, it can basically be proved that Su Miaofang 'should have known' when sending and receiving express delivery. Drugs are being transported.

Even if Su Miaofang believed from the beginning that clobazam was a 'life-saving medicine' for her children rather than a drug, it would not affect the establishment of her 'knowing' or 'should have known' in the sense of criminal law.

She feels that clobazam is a medicine rather than a drug, which is a legal misunderstanding, but a legal misunderstanding cannot prevent the establishment of a crime.

So no matter how I think about it, I feel that there should be no problem in determining that Su Miaofang constitutes the crime of smuggling, selling, and transporting drugs based on legal provisions and factual evidence. "

Seeing Chang Jiahang's frown, it was obvious that there was a conflict between his inner tendency and rational analysis, and Ren Zhen felt a little relieved.

"Your analysis of this case is very thorough. After so many years of training, you already have the basic qualities of a lawyer."

Ren Zhen's praise did not make Chang Jiahang happy: "Ren Lu, how should we fight this case?

Originally, I thought that Su Miaofang could give it a try if he didn't plead guilty, but now that I've analyzed it, why do I feel like it's so stubborn to insist on not pleading guilty? "

"If I analyze it purely according to the law, I will come to the same conclusion as you."

Ren Zhen took a sip of tea, "Because Su Miaofang has committed a crime. No matter how many reasons she has and how worthy of sympathy and understanding she is, this can be clearly determined in law.

If we want to defend our innocence, we have to work on something other than what the law requires. "

"what?"

Chang Jiahang was down: "What does it mean to be outside the law?"

He quickly reacted: "Should we contact the media this time?"

"Media media, you know how to contact the media, right?"

Ren Zhen was speechless: "Media pressure is a form of judicial supervision, but the consequences are unknown, and this method may not always bring positive impact.

Don't worry about this thing just because we have two cases that benefited from this, otherwise you will suffer in the future. "Oh oh oh." "

Chang Jiahang stuck out his tongue, "Then how can we work hard outside of the law?"

"Have you seen my drunk driving defense trial, right?"

"Drunk driving?"

Chang Jiahang nodded. At that time, he had not yet become Ren Zhen's trainee lawyer, but he followed the whole process through the live broadcast of the trial.

Ren Zhen reminded him of something.

Although I can’t remember clearly, I vaguely remember that Ren Zhen’s defense strategy at that time seemed to have something beyond the law?

Law and ethics? Or is it about law and ethics?

Chang Jiahang had a direction: "So do we have to play the emotional card with the judge?"

"That's pretty much what it means."

Ren Zhen shrugged, "To be honest, I'm really not sure.

But if Su Miaofang insists on his innocence, this is the only direction he can work hard now. "

I received a call from Wu Shaoxing here. Somewhat unexpectedly, the cases of other criminal suspects had been prosecuted and transferred to the court, but not Su Miaofang's.

Although Su Miaofang insisted not to plead guilty, the Public Prosecution Court made a decision not to prosecute Su Miaofang on the grounds that the crime was minor.

"Why not sue? I don't agree!"

After receiving the news, he rushed over. As soon as Ren Zhen finished explaining, Su Miaofang raised his doubts.

"Why don't they prosecute? I don't plead guilty! I want to go to court to file a lawsuit!"

Su Miaofang's mood was a little excited, which made Ren Zhen feel a little magical for a moment.

If this were applied to other criminal suspects, who did not plead guilty but were decided not to prosecute by the public prosecutor's office, I am afraid they would wake up laughing at night.

But now Su Miaofang insists on asking the court for a ruling. Those who don't know better think that she is filing a civil lawsuit.

"Now that the Public Prosecution Agency has not initiated a public prosecution, this matter will definitely not go to court."

Ren Zhen explained it to Su Miaofang, and at the same time explained his analysis of the case to her.

"If you still insist on the court ruling not guilty, we can only appeal to the higher-level public prosecution agency, and then it is possible to enter the trial process."

"Shen! I didn't commit a crime, but they said they won't prosecute if they don't?"

Although Zhang Jijie didn't really agree with his wife's decision, he didn't have much to say and could only express his support with silence.

"You can appeal, but in order to increase our success rate, I think we still have some work to do before we appeal."

After several days of hard work, Ren Zhen found another possible way to break the situation.

After confirming that Su Miaofang and his wife were available, Ren Zhen took them to the Health Commission of Province A.

"Lawyer Ren, what are we doing here?"

After being taken to the office by the staff, Su Miaofang asked curiously.

"I have been studying the drug clobazam for a long time in the past two days. I found that some cases in previous years characterized this drug as a fake drug."

Ren Zhen explained: "But some more detailed information could not be found online, so I contacted the National Health Commission. Unexpectedly, after hearing your story, they were very interested, so I contacted them. Take a moment and prepare to ask some questions face to face.

You happen to be here today, so come and listen together. "

While talking, a middle-aged man with short hair pushed the door open and walked in.

"Are you Lawyer Ren? We talked on the phone. My name is Kang Qingyi."

Kang Qingyi shook hands with Ren Zhen and looked at Su Miaofang: "You are the mother who wanted to save her child, right?

Lawyer Ren told me about you. Although we don’t know each other, I admire you very much! "

"This is Director Kang of our Provincial Health Commission."

Ren Zhen gave a brief introduction, and a few people sat down.

"I already know about your matter. Regarding the drug clobazam, I also checked some internal information. I also asked some friends in the judicial system. I will briefly share it with you."

Kang Qingyi seemed to have no airs of leadership: "This clobazam is indeed not on the market in China. Not only is it not on the market, but it is a controlled anesthetic drug in our country.

In many criminal cases, drugs are now considered drugs.

Lawyer Ren mentioned that situation, and I confirmed it again. Before 2019, most of the criminal cases involving clobazam were regarded as counterfeit drugs.

However, after the revision of the Drug Administration Law in 2019, it is no longer considered counterfeit medicine, but purchasing this medicine on behalf of others is still an illegal act. "

"But there is no medicine that can cure the disease in China, so should I just watch my child suffer there?"

Su Miaofang was a little confused: "My son is almost two years old. Because of this disease, he can't raise his head, doesn't recognize me, and even has difficulty sitting up by himself."

Su Miaofang was already choked with sobs: "Other children would run away at this age. Now I don't even expect him to be like other children. I just want him to survive.

If there is no this medicine, what will my child do in the future? What about the kids who are in the same situation as my kids?

I think since clobazam can cure diseases, hospitals should be able to prescribe this drug.

I know you say it is a drug, but it is a drug that contains three parts of the poison. Some people use it as a drug. You can use other methods to control it. Why do you want to kill them with a stick? Because some people sell drugs and we will not let them. Medication for people who need it? "

"Yes, yes, what Ms. Su said makes sense."

Not sure whether it was because Su Miaofang was crying or because Su Miaofang really hit the point, Kang Qingyi nodded repeatedly:

“I don’t understand the details of legal matters, but your case does involve narcotics, so it will be handled as a drug-related crime.

This problem exists in many medicines now, and we are also working hard to find a solution.

But I think that Ms. Su was transferring it to other people with medical needs for medical purposes, or she didn’t know it was drugs, so she really shouldn’t be guilty of transporting drugs.

This is the opinion of my friends in the judicial system. You can refer to it. Regarding this case, I actually think you can file a complaint.

And on our side, now that we know about this case, we will contact the case-handling agency to see what the situation is, and then see if we can issue some reference opinions depending on the situation. I hope it can be helpful to you. "

(End of this chapter)