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

Chapter 232 Conviction and Exoneration

Su Miaofang still didn't think through Kang Qingyi's words until she left the office building of the Health Commission.

"Lawyer Ren, what kind of reference opinions will be issued by Director Kang? What does this mean?"

"This"

Seeing Su Miaofang and his wife and Chang Jiahang blinking their clear and innocent eyes, Ren Zhen scratched his head:

"It basically means that he thinks our case is innocent and will he inform the agency handling the case?"

"He thinks he is not guilty, but will the Public Prosecution Court listen?"

Zhang Jijie was a little suspicious.

"How can we say for sure?"

Ren Zhen shook his head and said no more.

Although the Health Commission and the Public Prosecution Agency have nothing to do with each other, this case is quite special.

Su Miaofang's case is nominally a drug-related case, but it is actually related to drugs.

At first, he contacted the Health and Medical Commission with the idea of ​​taking a shot at each location. Unexpectedly, the person who called back was the director of the Provincial Health and Medical Commission. Ren Zhen was keenly aware of something and seized the opportunity.

After today's conversation, Ren Zhen has almost confirmed some information.

For drugs like clobazam, the National Health Commission is definitely planning something inside.

Maybe it wasn't Ren Zhen who came to them, but when they were preparing to do something but couldn't find a breakthrough, Ren Zhen came to their door and gave them pillows.

After sending Su Miaofang and Zhang Jijie away, Ren Zhen started writing complaint materials.

When receiving this complaint material, several prosecutors from the Public Prosecution Office of H City suspected that they were collectively dazzled.

"We've already stopped prosecuting him. Why is this criminal still asking for trial?"

"Why else? I definitely don't want to be brought to justice."

"But this person has never thought about it. What if the court finds him guilty? Wouldn't it be a huge loss if he is sentenced by the court?"

"How will you know if you don't try? If you dare to complain to us, you must feel that you have been wronged."

"The law enforcement agency and the lower-level public prosecution agency have confirmed it twice. How likely is it that she will still be wrongly accused?"

"Don't say this, nothing is so absolute."

"That's right. Since they have complained, let's study it carefully."

The three prosecutors got together, printed out two copies of the complaint, and began to read it carefully.

"Clobazam, what is this?"

Song Yongjian subconsciously took out his cell phone and wanted to ask Du Niang.

"There is an attachment at the back, no need to check."

Xin Wantao next to him reminded him.

"oh oh."

Turning to the end, I found the attachment.

"This lawyer is quite considerate."

Qin Shoudong praised, “Drugs for the treatment of epilepsy have good efficacy and few side effects, but they have not been approved for marketing in my country and are controlled anesthetic drugs.

Damn, this is a serious drug crime, you can't get away with it. "

Just after reading the beginning, and relying on their rich experience in handling cases, they have already reached a preliminary conclusion.

"We know it, and so does the lawyer, but his reasoning is very interesting."

Song Yongjian clicked his tongue.

[Su Miaofang’s behavior seems to meet the requirements of the crime of smuggling, transporting, and selling drugs from a legal point of view. However, after careful consideration, you will find that if you convict the case, it is not only illegal, but also against human ethics.

First of all, Su Miaofang did not have the subjective intention to smuggle drugs. Although Su Miaofang knew that clobazam was a psychotropic drug controlled by the state, she had been buying her son's life-saving drugs from purchasing agents.

From the perspective of ordinary people, they can only know that this kind of drug is controlled by the state, but not everyone can understand the types of state-controlled drugs and what they represent in law.

As ordinary people, they can only know that although this kind of medicine is controlled by the state, it can cure diseases. So since it can cure diseases, and even doctors tell them privately that it can cure diseases, then what's wrong with the medicine?

From Su Miaofang's point of view, she believed that this purchasing agent smuggled clobazam to help patients purchase medicines. Therefore, Su Miaofang subjectively only had the purpose of curing diseases and saving lives. For this reason, she would accept and deliver the express delivery of this purchasing agent.

Therefore, Su Miaofang did not use clobazam as a substitute for drugs, and did not have the intention to smuggle drugs, which did not meet the subjective requirements of the crime of smuggling and selling drugs. 】

"According to the method of inferring the perpetrator's subjective knowledge through objective behavior, even if Su Miaofang did not know that clobazam was a drug, she could still be deemed to have 'should have known' that what she was transporting was a drug."

Xin Wantao was almost deceived by Ren Zhen's argument: "But this lawyer, from the perspective of ordinary people, relied on clobazam as a drug, and said that clobazam is a substitute for drugs. This argument is very interesting."

"It's quite clever, but in judicial practice it's basically considered a drug. What's the use of him saying it's not?"

Qin Shoudong curled his lips, thinking that Ren Zhen's cleverness was useless.

"You can't say that."

Song Yongjian shook his head: "The identification of clobazam as a drug was originally just an inference made by the case-handling agency during the litigation process to demonstrate that it should be a drug stipulated in the criminal law.

But the lawyer jumped out of this logic of argument and gave another set of ideas. If it makes sense, we still have to consider it. "

[Secondly, this case is not socially harmful.

The crime of drug smuggling and trafficking damages public health and the country's drug management order. Although Su Miaofang's behavior in this case may have violated the Anti-Drug Law, we believe that when determining whether his behavior is a crime, further judgment is needed. Whether the behavior endangers the health of the public.

Obviously, Su Miaofang's behavior did not infringe on the health of others or the legal rights of drug crimes. On the contrary, Su Miaofang's behavior not only helped purchase and transport clobazam, but also saved the lives of others. 】

Seeing this, the three prosecutors fell silent.

Even if they tend to believe that Su Miaofang committed a crime, they have to admit that Su Miaofang's motives are indeed good and the results are indeed good.

Materials transferred from the lower-level public prosecution court showed that after tracing the whereabouts of Clobazam involved in the case, the agency did not confiscate it as drugs involved in the case, but left them with patients who were taking medication.

Every bottle of clobazam sent by Su Miaofang was delivered to the hands of epilepsy patients. Not even a single pill was taken away by addicts and used as drugs.

[We are very grateful to the public prosecution agency for its goodwill not to prosecute, but to be fair, we insist that Su Miaofang does not constitute a crime in this case.

Although there was no risk of going to court and being sentenced, Su Miaofang became a "drug dealer" from now on.

It seems to be just an illusory bad identity, but I don’t think anyone would be willing to bear such a title.

According to the logic of the public prosecution agency, if a family member of an epileptic patient purchases Clobazam from abroad in the future, he or she will be suspected of drug smuggling, just like Su Miaofang. As parents of children, we cannot understand why our children or patients with this disease need to pay the price of jail time if their families just want to take life-saving medicines?

What we should all pay more attention to is that this case is not an isolated case. In the recent period, due to the arrests of many parties involved in cases similar to this case, people who used to purchase relevant drugs for patients in China no longer dare to come forward. Epilepsy patients across the country are facing the real problem of discontinuing medication.

Although these drug dealers who purchase drugs on behalf of others are indeed suspected of committing crimes, isn't it more important than putting these drug dealers in jail for the millions of patients who are waiting for this drug to save their lives?

Now the patient's family members no longer even have the chance to risk going to jail to save one of their own family members.

Therefore, we are filing a complaint here, hoping that the higher-level public prosecution agency can comprehensively consider the facts of this case and the actual situation, make a reasonable determination of the behavior of Su Miaofang, the party in this case, and change the existing conviction without prosecution to innocence without prosecution.

This is not only a mother's transformation from a criminal to a legal citizen, but also a correction and appeal for domestic related issues through this case.

We hope that through this case, we can contribute even a small amount to the adjustment of the national drug management system and completely solve the problem of domestic patients purchasing certain drugs. From now on, people can purchase life-saving drugs through formal channels without having to go to any lengths to survive. 】

"This"

Xin Wantao didn't say another word for a long time.

"Although I know this lawyer is sensationalizing, I have to admit that his goal was achieved."

Song Yongjian sighed.

Qin Shoudong also nodded in approval: "If I were not a prosecutor, as an ordinary person, I would probably think that Su Miaofang should not be found guilty.

If he could become a drug dealer, he could drown the person in charge of the case with just spitting. "

"You would have said that too, if you were not the prosecutor."

Song Yongjian put down the materials in his hand: "But we are all prosecutors."

The three people were silent.

"But if she is not guilty, what is the reason?"

Xin Wantao's words were full of weakness: "What we said doesn't count. Now the law says she is guilty. No prosecution and no sentencing is the best result."

"I remember that the Supreme People's Court held a meeting a few years ago. There seemed to be discussions on this type of drug, right? At that time, the hospital even organized a study session."

Song Yongjian suddenly remembered something, walked to his seat, opened a drawer and opened a notebook.

After flipping through a few pages, he shook his head: "It's not this one."

He took out another notebook.

"Old Song, you have already memorized several conference books. Do you need to be so serious? Just memorize them casually and you can handle the inspection."

Although he knew Song Yongjian's habit, Qin Shoudong was still dumbfounded when he saw him taking out one book after another.

He has been using this notebook for five or six years, and now he has not filled even half of it.

Meetings were something that could only be done by one person in the past. Except for those who spoke at the top, who would really put their mind on this?

"You know what the hell, if you don't remember, how can I remember such an important thing?"

Song Yongjian expressed contempt for him and finally turned over what he had written down back then.

"These are the minutes of the 2015 National Court Symposium on Drug Crime Trial Work."

"I'll go, is it really there?"

Qin Shoudong was dumbfounded: "Did you remember everything? I'll go search for a manuscript."

"Internal meetings, it's a wonder you can find them."

Xin Wantao also expressed contempt for his ignorance and came over.

"For medical purposes, trafficking in controlled narcotics will not be punished as a drug-related crime."

Song Yongjian pointed out this sentence to them in his messy handwriting.

"I wonder, are you really involved in this case?"

Qin Shoudong was excited.

"But this is just an internal meeting and has no actual legal effect."

Song Yongjian poured cold water on him.

No, there is not even an official document released to the outside world, so it is strange that it can be effective.

"Then you are so excited, and you are so happy for nothing."

Qin Shoudong was very disappointed: "Even if my brothers sympathize with her, there is still no legal support."

"It is true that they are ineffective, but this meeting minute shows that the control of such drugs does have limitations. In judicial practice, it is inappropriate to convict drug-related drugs. You have to understand the spirit of the law."

Song Yongjian closed his notebook, "At least we can now confirm that a colleague has put forward ideas on this issue before, and he is a colleague of the Supreme People's Court.

Then if we think that Su Miaofang is innocent, we will have another direction to think about. "

"When you said that, I remembered that the two top officials had a judicial explanation."

Qin Shoudong flipped through the reference book: "Selling a small amount of unapproved imported foreign and overseas drugs without causing harm to others and delaying diagnosis and treatment, and the circumstances are obviously minor and the harm is not great, is not considered a crime.

This can be considered a basis, right? "

"Yes, but this conflicts with the standards for identifying this type of drugs in judicial practice."

Xin Wantao frowned, "But from a formal point of view, it meets the constitutive requirements of drug-related crimes.

However, if we conduct a comprehensive analysis based on the objective medication needs of the parties, the amount of the drugs involved, whether they were resold at a price increase, and whether the consequences of such drugs being used as drugs, I think it can still be refuted. "

"On the one hand, we need to treat diseases and save people, and on the other hand, we need to control and order special drugs. This thing is difficult to handle!"

"Hey, what you said is on point!"

Song Yongjian slapped his thigh: "Ever since we were in school, there has always been a saying that law is the basis for criminalization and ethics is the basis for criminalization.

Although we are not directly handling this case, there are definitely not a few people who buy this drug through illegal channels. Can we say that they are all committing crimes?

Except for those who buy medicines and use them as drugs, for those who really use medicines as medicine, I think we should find a basis and not consider them as crimes.

This lawyer said something that touched my heart. This is not just a case of a mother who wants to save her child, but also concerns many patients and their families in the country.

Just because the law considers them guilty does not necessarily mean that they are actually guilty. It may also mean that it is time for the law to be revised! "

After listening to Song Yongjian's words, the other two prosecutors wiped away the sweat that had appeared at some point.

"Lao Song, your speech is quite impassioned, but whether it can be realized or not, I think we still need to consider the long term."

Xin Wantao and Qin Shoudong sat down next to Song Yongjian:

"Now let's put our minds back to the issue of whether Su Miao Fang is a crime or not."

(End of this chapter)