As a Lawyer, You Sent the Judge In?

Chapter 351 Judgment Result! Profit? What profit is there?

 After sounding the hammer to adjourn the court.

 Fang Qi and Zhang Yuan, who were sitting on the prosecution side, were also struggling with the outcome of the judgment.

 Judging from the current situation, determine whether Lin Yong is making profits.

 It is their side that occupies a disadvantageous situation.

To be honest...after the other party's witnesses appeared in court, they were already at a loss.

 Because they have defensible reasons.

 But the opponent can stand firm!

　　Whether it is from a legal point of view or from an objective factual point of view, they do not have any advantage, and the two of them are very clear about this.

  But...on the other hand, they do not want the court to decide Su Bai's application.

  After all...the entrusted lawsuit this time is a big client.

 If the two of them screw up the big client's lawsuit, then not only them, but the law firm will also suffer huge losses!

"what to do?"

 Zhang Yuan asked.

Fang Qi replied: “Now we need to wait for the collegial panel’s deliberations, let’s wait.”

.

 ….

the other side.…

 In the office of the regional general sales manager of Glita in Western Province.

Chao Zhiwei and the vice president in charge of legal affairs were watching the live broadcast of this court hearing.

After watching the adjournment, Cao Zhiwei was silent for a few seconds, turned his head and looked at the vice president aside.

 “This court hearing...what do you think of this verdict?”

 “Will the judgment result have any impact?”

Chao Zhiwei didn’t know much about the law, so he asked two questions that concerned him.

 The vice president on the side smiled and said: "Mr. Cao..."

“So far in the trial, it’s difficult to say the specific verdict. This time, the appellant, Lin Yong, a counterfeit medicine dealer, has invited witnesses who are quite convincing.”

“If it decides, the collegial panel may be more inclined to Lin Yong, the counterfeit drug dealer.”

“However, this judgment does not have much impact on the specific judgment result.”

 “The verdict must be guilty…”

“But the specific sentence may be reduced. Of course, the specific situation still depends on the defense of the two entrusted lawyers.”

"Um.…"

Cao Zhiwei nodded, although his expression was a little dissatisfied, but in the end he didn't say much.

 The vice president on the side took a deep breath. He had told the general outcome of the matter in advance and handed all the responsibilities to the two entrusted lawyers.

 In this case, it will have no impact than ensuring that it will have no impact over and over again.

 It will be much better to wait until the worst happens.

.

 ….

 In the collegial court discussion room.

 Duan Qingshui and the other two judges were discussing how to judge this defense.

 In fact, Duan Qingshui already had a rough idea about this judgment.

 Because from the perspective of subjective intention to make a profit, Lin Yong’s subjective motive is to help patients purchase on behalf of others.

 There is a question of whether there is a profit. Although there is no evidence to prove that a profit is made, there is also no evidence to prove that there is no profit.

  But...from another perspective, there is indeed a huge profit rate.

 So this question is entangled with whether the huge profit margin is a purchasing behavior that is carried out for the purpose of subjective profit at the beginning.

  Duan Qingshui stated the issues he had objectively considered.

 Then he asked the other two judges on the side: "Lao Wang, Lao Xu."

“What do you two think of this case?”

 Lao Wang on the side also directly stated his views and opinions.

"To tell the truth about this case...my opinion is that it is not a purchasing agent carried out for the purpose of subjective and intentional profit-making."

“The appeal lawyers and witnesses just made their statements very clearly.”

“If the purpose of making a profit is considered, then the price can be adjusted.”

“This thing is a monopoly, so it’s not difficult to adjust the price.”

“For those who are engaged in this kind of monopoly business, if they want to lose money, it will be more difficult than making money, so it cannot be called subjective intention in any aspect.”

“As for whether to make a profit or not, there is no evidence or factual explanation, but is this important?”

 “This is not important at all, as long as there is no profit in the result!”

  “The important thing is that subjectively, it doesn’t matter if there is no intentionality.”

 “Hmm…” Lao Xu nodded: “I agree with Lao Wang.”

“I have read the first-instance judgment over and over again in this case before.”

“In the first instance, the determination of profit-making through purchasing agents relied on the prosecutor’s statement, but in terms of subjectivity, it relied on legal principles.”

“Now that there is new evidence in the second trial, it can show Lin Yong’s subjectivity. Personally, I am more inclined to judge that it is not for the purpose of making profits subjectively.”

"Well! In this case, we have a unified answer to this question!"

  Duan Qingshui nodded, already having a detailed view on this judgment in his heart.

.

 ….

 The adjournment ended soon.

 The court will be held again.

 Members of the collegial panel enter the venue.

During the recess just now, everyone in the courtroom was paying attention to how the judgment would be made after the trial begins.

 So, as the members of the collegial panel entered the court, all the relevant persons involved in the trial set their sights on the trial bench.

 Especially Fang Qi and Zhang Yuan.

 This is the first key decision in this trial.

They can't be defeated just after reaching the first critical point, right?

 Fang Qi set his sights on the judgment seat.

At this time, Duan Qingshui, as the presiding judge, sounded the hammer:

 “The adjournment is over.”

“Based on the fact that in the court hearing just now, the discussion has been completed on whether Lin Yong was seeking profit subjectively and intentionally.”

 “Now let’s announce the results.”

"First of all, from the perspective of subjective intention and the statements of witnesses, it can be clearly seen that Lin Yong is not selling for profit." "The main basis is that Lin Yong helps the families of patients and reduces their purchasing expenses. This is implemented through Lin Yong’s subjective purpose.”

“So from this aspect, it can be seen that Lin Yong’s subjective intention is not to deliberately make profits.”

“In addition, as to whether Lin Yong made a profit through purchasing on behalf of others, the evidence proves that it was not used in his family life.”

“In addition, there are no objective facts to prove whether the goods stated by the accuser were used for overseas consumption.”

“So it is determined that Lin Yong’s purchase of drugs on behalf of others was not used to make profits in his own life.”

 “In summary.”

“It is determined that Lin Yong did not engage in subjective profit-making behavior in purchasing drugs on behalf of others.”

 The gavel fell.

 Judgment is over.

Su Bai thinks this judgment is reasonable and will not talk about anything else.

 No matter from every aspect of this case, the evidence is favorable to Lin Yong.

 Whether it is based on objective facts or other legal reasons, it is reasonable to determine that there is no subjective profit-making behavior.

On the other side, Fang Qi’s expression was not too affected after hearing the verdict.

But I sighed deeply in my heart.

 This is the first judgment in the second instance and has been rejected.

In other words, as long as such a judgment is rejected, the original judgment of the first instance will certainly not be upheld, or at least the sentence will be reduced.

 Although subjective intentionality does not affect the determination of the crime, it will affect the sentencing.

 According to Fang Qi’s estimation, the condition of subjective intentionality has been lost.

 The sentence shall be at least three to six months in prison.

 From this aspect, this has gone against Cao Zhiwei’s ideas.

but.…

Now that the judgment of the second trial has been made, as the prosecutor, Fang Qi does not have any new and powerful facts to overturn this judgment.

 If you don’t accept it, you can only accept it.…

 Just in the next few judgments, you must make a good grasp of them.

  Otherwise the sentencing will be reduced one by one...then for the genuine drug of Glita...it will have a great adverse impact.

 At that time, it will not only affect his reputation, but also definitely affect the cooperation between the law firm and this large client.

 This is the most important thing!

 Fang Qi thought silently in his heart.

.

 ….

On the other side, Duan Qingshui was sitting on the trial bench after deciding this fact.

 Continue to speak: "As to whether the judgment in this trial is based on subjective profit-making."

 “Now to summarize the other key points in this trial.”

“Based on the appeal request of the appellant and the judgment of the first instance.”

“The first instance judged that foreign pirated drugs have a huge physical impact on most specific groups of people, and therefore believed that Lin Yong’s trafficking in counterfeit drugs was serious.”

 “The appellant objected.”

“The appellant believes that the pirated medicine alleviates the condition of a specific group of people and should not constitute a serious situation.”

“Can the appeal party describe the above in detail?”

 “The chief judge who can.”

　　While Su Bai was speaking, he took a deep breath in his heart.

 This judgment is the key judgment in this case, and it is also the content that mainly affects the sentence.

If the second-instance judgment does not reject the first-instance request.

So Lin Yong’s sentence... to be honest, it cannot be reduced much and cannot meet the expectations.

Facing the presiding judge’s inquiry, Su Bai sorted out the materials and spoke:

“We have some objections to the determination that the circumstances are serious.”

"details as follows:"

“According to the relevant laws and regulations of our country, to determine whether the sale of counterfeit drugs is serious or not, it is necessary to determine whether the circumstances are mild, serious or particularly serious based on the different buying groups and the different effects produced.”

“Under normal circumstances, if it causes adverse physical effects on the purchasing population, it is deemed to be serious.”

“In this case, Lin Yong sold pirated drugs to his patients to alleviate their conditions.”

“This situation has not caused any adverse health effects on the purchasing population.”

“And from the perspective of the purchasers, not only does it have no adverse health effects and alleviate the condition, but it also greatly reduces the purchase amount.”

 “It’s a good thing for people like them.”

“So from this point of view, we believe that the pirated drugs sold by Lin Yong do not constitute a serious case.”

“Based on this, we apply to the second-instance court to determine that our case is relatively minor and to reject the judgment of the first-instance judgment that the circumstances are serious.”

“The above is our specific statement.”

 Actually, Su Bai’s statement is very simple.

 To put it bluntly, whether the circumstances are serious or not needs to be compared based on whether the impact is good or bad.

Lin Yong purchased pirated medicine from abroad. Is there any patient who has taken this pirated medicine that has had adverse effects or worsened his condition?…

 This is the criterion for judging Lin Yong’s seriousness.

If there is no such situation, then Lin Yong should not be judged to be serious.

 The first instance found that the circumstances were serious and obviously very unreasonable.

 Because according to the current investigation, no one has worsened his condition by taking pirated medicines.

 How to say it after all.…

Although this pirated medicine is said to be pirated, its efficacy is similar.

 It is just a foreign manufacturing factory that sets aside international factors to imitate genuine drugs and is not afraid of infringement defendants to produce drugs.

 Even on the other hand, Lin Yong himself is taking this pirated medicine.

 This also proves from the side that the effect on chronic leukemia is good and does not reach the level of severe cases.

so.…

 Concerning this judgment, it must be rejected!

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)