As a Lawyer, You Sent the Judge In?

Chapter 348 Court appeal, application to overturn the first-instance judgment. As a "medicine god", this should not be the case.

The search for evidence in Lin Yong’s case was mainly about searching for evidence that would be beneficial to Lin Yong’s defense.

 For example, from the perspective of profit-to prove that purchasing on behalf of others is not for profit.

 Overturn the first-instance judgment.

 In this case, it is not only necessary to collect objective evidence of income and expenditure.

 It also depends on the confessions of other patients.

 These require interviews and surveys.

but.…

According to Zhang Man, Lin Yong’s reputation among patients is still very high.

 It is not a troublesome matter to find some relevant witnesses to appear in court.

Su Bai left this matter to Li Xuezhen to handle.

 And I also checked the specific contents of the first trial online.

 Because the impact of this case was not small in the first instance, the trial was held in public.

 The main accuser in this case is the general regional distributor of genuine drugs in Western Province.

  And it was supervised and handled by the prosecutor of Xishan City, the capital city of Xi Province.

 This case was also decided by the Xishan Intermediate Court in the first instance.

 Generally speaking, Su Bai did not find any procedural violations or other circumstances during the sentencing process.

 After all, this case is a case that attracts public attention and has a certain influence in the early stages of the trial.

 It is certainly necessary to follow relevant procedures in all aspects.

Since there is no problem with the procedure, we still have to rely on finding favorable evidence and favorable arguments to conduct the second instance trial.

During the case investigation and collection of favorable evidence, Su Bai and Li Xuezhen went to the detention center to visit Lin Yong.

how to say.…

 Unlike other defendants and criminal suspects, Lin Yong's mental state in the detention center was pretty good.

 During the questioning by Su Bai and Li Xuezhen, there were no complaints or other situations.

When Su Bai asked Lin Yong what he thought of his case, Lin Yong answered calmly.

“I have no opinion on this case. I did violate national regulations by selling substandard drugs.”

"I know this. I made a mistake myself, and I checked it when I was purchasing on behalf of others. What I did was indeed an illegal and criminal act."

“I have no objection to the punishment that should be punished...I have been mentally prepared for a long time, but my child is still young, so I still hope that the sentence can be lighter.”

 “Also...”

“Those patients have no medicine. How to solve this problem in the future is a question that I am very concerned about.”

“Can I ask Lawyer Su, how are the patients outside now?”

The speed of this case from filing to review to prosecution was very fast.

 The whole process takes less than two months.

 As for Lin Yong’s question, based on the current situation of Li Xuezhen’s visit, Su Bai answered truthfully:

“This…according to what we have visited in recent days, the patients outside are buying genuine medicines and taking them.”

 Hearing this answer, Lin Yong had an indescribable emotion on his face.

 There was silence for nearly a minute.

　　Muttered to himself: "Genuine medicines are too expensive... How much money can they have?"

Seeing this, Su Bai didn’t know what to say to comfort him…

 Indeed, judging from the visits.

Those patients don’t have much money, so they only need one bottle of treatment per month, and they use it according to several months.

 The purpose is to delay it for a while.

 When she walked out of the detention center, Li Xuezhen whispered: "Lawyer Su..."

 “The client this time...”

Li Xuezhen's little face was full of pity, and she hesitated to finish her words.

Su Bai knew what Li Xuezhen wanted to say.

Like Lin Yong, he helps his fellow patients not for profit.

 When encountering this situation, the first thing that comes to mind is my fellow patients.

 He is a good person and should not be sentenced.

 Su Bai didn’t know how to answer Li Xuezhen in this situation.

He turned his head and said: "Well... So as a lawyer, it is your responsibility to face your client and do your best to be responsible."

 “I understand, Lawyer Su!”

Li Xuezhen nodded solemnly.

.

 ….

Concerning Lin Yong’s second instance case, Su Bai quickly compiled new factual evidence and submitted it to the Provincial High Court.

 Because Lin Yong’s case itself has a certain influence in the local area.

  And there are also certain waves on the Internet.

After the Provincial High Court determined that the new evidence and facts were established, it took the initiative to ask Su Bai whether he needed to apply for a public trial.

Su Bai certainly agreed to this situation.

 There will be a public trial, at least in the process of the case, and there will be no other situations.

 Judgment is made based on factual evidence and objective conditions as well as corresponding subjectivity.

 Accept public supervision and decide how to judge.

It is a good thing and there is no reason not to agree.

After receiving Su Bai’s reply, the Provincial High Court notified all parties of the specific court date and required all parties to participate in the hearing on time.

.

 ….

the other side.…

After receiving notice from the Provincial High Court that the second instance of Lin Yong’s case would be heard, the distributor of the genuine drug dealer called his legal lawyer.

 In the office.

 Cao Zhiwei, the general distributor in the Western Province region, sat on the sofa and asked two legal lawyers:

“Lin Yong is suspected of purchasing counterfeit drugs from abroad and selling them domestically. This situation has seriously affected the sales of our genuine drugs.”

“The second trial is about to begin now. Lawyer Fang, Lawyer Zhang, do you two have any ideas?”

Opposite the sofa is the legal affairs department of the law firm that the company cooperates with. After hearing what Cao Zhiwei said, Lawyer Lin said:

"CEO Cao.…"

“Lin Yong’s criminal facts are clear, and the court of first instance has made a determination.”

“Based on the above-mentioned principle of not imposing additional penalties, there is a high probability that the original verdict will be upheld in the second instance.”

“Well... I just want to uphold the original verdict. After all, if we don’t carry out key crackdowns, everyone will buy counterfeit medicines from abroad and sell them domestically. Then how will our products be sold?”

“But as far as I know, the lawyer appointed by the other party in the trial this time is a well-known domestic criminal lawyer.”

 “There are almost no cases where the case is lost.”

“Regarding this, I would like to ask if there will be any other situations in this case?”

 Lawyer Zhang smiled and promised:

“Mr. Cao can rest assured that our law firm specializes in this kind of infringement sales lawsuits, and there will be no other unexpected situations.”

Hearing this, Cao Zhiwei nodded:

"Um!"

This case has attracted the attention of the head office, so he must perform well.

 This incident happened in his sales area, which affected the sales volume of the head office and was definitely not good for his performance.

Perhaps the general agent’s impression of him will also become worse.

 Furthermore...the patent is about to expire, and by then...

However, this matter is not within the scope of his consideration for the time being. Cao Zhiwei shook his head and stopped thinking about it.

.

 ….

 The day of court session.

 In front of the Western Provincial High Court, this case was originally a highly topical case.

 In addition, Su Bai represented this case.

 So a group of reporters and media gathered in front of the High Court.

These media are not only from Western Province, but also many from all over the country.

The one standing near the middle had four words clearly written on his microphone: Nandu Media.

When Su Bai took Li Xuezhen into the court, many media members gathered around and asked questions.

“Lawyer Su, what do you think of the outcome of the second trial of this case? Can you make a prediction?”

“Lawyer Su, as one of the top criminal lawyers in the country, do you agree with the sale of counterfeit drugs?”

“You accept the commission of a person selling counterfeit drugs to defend him. Does this break your previous persona as a lawyer who speaks out for the grassroots?”

 Su Bai: .….

this problem.…

 To be honest, the angle is very strange.

The Nandu media also squeezed in at this time and put the microphone in front of Su Bai:

“Lawyer Su, regarding Lin Yong in this case, some people on the Internet said that Lin Yong did indeed commit illegal crimes.”

“Some people say that Lin Yong is doing this for his fellow patients. I would like to ask Lawyer Su, what do you think of this?”

 Su Bai did not answer some of the previous responses.

Su Bai thought about this question from Nandu Media for a moment and said:

“This trial is a public trial, and major media can follow the public live broadcast.”

 Subsequently, he took Li Xuezhen into the court hearing room.

to be honest.…

Su Bai did not expect that Lin Yong’s second trial would arouse such a great deal of heat.

But the greater the popularity...the greater the attention this trial will involve.

Perhaps the relevant departments will pay attention to the situation of groups who cannot afford medicine after noticing the popularity of this court trial.

However, Su Bai didn't think too much. After waiting in the waiting room for nearly five minutes, the staff led him to the court hearing.

 As the presiding judge entered the court, the hearing was announced.

 At the judgment seat.

 This trial was presided over by Duan Qingshui, Vice President of the Xi'an Provincial High Court.

 About this case.…

  Duan Qingshui has objectively understood the relevant facts.

 After a circle around the court hearing room, all parties involved had entered the court.

 Start checking identity information.

After verifying the identity information, the hammer dropped: "Now the identity information has been verified."

 “Invite the appealing party to begin stating the grounds for appeal and application for appeal.”

 In this trial, the appellant refers to Su Bai’s side.

Facing the presiding judge's opening, Su Bai nodded: "Okay, presiding judge."

“We apply to revoke the first-instance judgment and change the sentence to a reduced sentence.”

 “The reasons are as follows:”

“One: In the first-instance trial, the charges we convicted were smuggling and selling counterfeit medicines.”

“Among them, we believe that there are objections to some relevant judgments in the first instance that convicted us of selling counterfeit drugs.”

"as follows:"

“According to the definition of the crime of selling counterfeit drugs—”

“Fake medicines violate complex objects, and the objects here refer to—

 It violates the country's drug management system, and also violates the health and safety of an unspecified majority of people. "

“Objectively speaking, producers and sellers have violated relevant national regulations to produce and sell “counterfeit drugs.”

“The subjective aspect is manifested as intentionality, with the purpose of selling “fake medicines” for profit.”

“In the first instance judgment, it was believed that Lin Yong sold counterfeit medicines for the purpose of making profits.”

  “We do not agree with this view.”

“In addition, it was also determined that the “fake medicine” sold by Lin Yong violated the health of an unspecified majority of people.”

“We still don’t agree with this.”

“The reason for disapproval is that we do not sell counterfeit medicines for the purpose of making profits, and in addition, we do not infringe on the health of an unspecified majority of people.”

“Therefore, we hereby propose to reject the judgment on these two points in the first instance.”

“Two: We believe that the first-instance judgment was too harsh for us, especially in determining the sentence.”

“According to relevant laws and regulations, those who produce and sell counterfeit drugs shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.”

“If it causes serious harm to physical health, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.”

“Those who cause death or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or have their property confiscated.”

“The crime and sentence are determined according to the above legal provisions.”

“The drugs purchased by Lin Yong did not cause serious harm to the health of the person being purchased, or had any other serious circumstances.”

“From another perspective, it even helps the people being purchased to alleviate their own illness.”

“So we believe that from this aspect, the sentence should be lenient.”

“The minimum term of imprisonment shall be less than three years.”

“The four-year prison sentence imposed by the first instance has exceeded the deserved sentence, and we think it is unreasonable in this regard.”

“Based on the above, we believe that the first-instance judgment should be overturned and our client should be given a lighter sentence.”

 In this case, Su Bai made a commutation of the sentence.

 Why do this instead of a not guilty verdict?

 Because the crime of smuggling is a fact-finding condition, there is no room for rejection.

In addition, any drug that is not approved by the state or does not comply with the provisions of the Drug Administration Law is considered a counterfeit drug and a drug that is treated as a counterfeit drug.

 According to legal provisions, is Lin Yong selling counterfeit medicines?

 That’s right!

 So these two charges have objective facts and objective basis.

The evidence is dazzling before our eyes, and this point is certainly irrefutable.

 Hence, it cannot be refuted in terms of the determination of the crime, but can only be refuted in terms of the crime.

In terms of prison terms, is four years in prison too much for Lin Yong?

 Definitely a lot!

 Let’s not talk about anything else, based on the evidence from Su Bai’s visit and investigation.

Lin Yong did not earn a penny from purchasing on behalf of others.

You should know that general overseas purchasing agents make a lot of money.

 But Lin Yong has been purchasing for two years, and it is necessary medicines.

  He didn’t earn a penny and even received subsidies. From this aspect, Lin Yong can be regarded as a real good deed and a real “medicine god”.

 For this act, the sentence is four years' imprisonment.

 From a rational point of view, it makes no sense at all.

In Su Bai’s view, although the facts of Lin Yong’s crime are established.

 But according to his behavior and subjective purpose, the most he can get is a suspended sentence!

 A real sentence is considered a severe sentence!

After Su Bai finished his statement, he looked up at Duan Qingshui who was sitting on the trial bench.

 Waiting for the presiding judge to make the next trial arrangements.

.

 ….

PS: Please give me a monthly vote~This case will have famous scenes~

 (End of this chapter)