As a Lawyer, You Sent the Judge In?

Chapter 354: Simultaneous punishment for several crimes, raising objections? If we don’t decide, it’s impossible for the court to decide!

 It ends after just judging the severity of the plot.

 At the judgment seat.

 Duan Qingshui, as the presiding judge, continued to summarize matters related to this case.

 At present, this case has determined whether purchasing on behalf of others is for profit-making purposes.

 And determine whether the behavior of purchasing and selling pirated drugs for two years constitutes a serious case of selling counterfeit drugs.

 According to Duan Qingshui, this case has been equivalent to overturning some relevant judgments of the first instance.

 It is equivalent to overturning the judgment of the first instance.

 As for the current relevant matters, the judgment has been completed.

 Based on the two judgments just made, a rough discussion of the sentence can already be carried out.

As for the sentence, in addition to judging from the factual results of the judgment, it also needs to be judged from the relevant legal principles and legal circumstances.

 Because the judgments in some cases have extremely large upper and lower limits in terms of crimes.

 Another point is that the presiding judge has a large amount of discretion in terms of the sentence corresponding to the crime.

 This is also the key role of court statements, which are used to influence the presiding judge and the corresponding sentence judgment for the case.

 The case has reached this stage and it is completely ready for court presentation.

Duan Qingshui thought silently in his mind and had a certain grasp of the rhythm of the entire case's defense.

　　咚咚!

 The hammer struck.

At the moment Duan Qingshui was banging the hammer and preparing for the parties to make court statements.

 At this time, Zhang Yuan, who was sitting on the prosecution side, suddenly raised his hand to indicate that he had other questions.

 “Presiding Judge.…”

“There is another issue about this case that we have objections to.”

Duan Qingshui looked at Zhang Yuan: "The prosecutor has appointed a lawyer. Do you have any objections to the relevant procedures of this case?"

 Zhang Yuan continued: “We think it is too early to make a court statement because there is still a key point that was not discussed in the first-instance judgment.”

“That is the case where the crime of smuggling and the crime of selling counterfeit drugs are both punishable.”

“In the case of concurrent punishment for both crimes, we believe that Lin Yong should be given a more severe sentence in terms of sentence.”

 After Zhang Yuan finished speaking, he raised his head and looked at the presiding judge's seat.

Duan Qingshui frowned slightly after hearing Zhang Yuan's statement.

 It’s not that he didn’t take this into consideration.

 But I have already made a rough judgment in my mind about the situation of two crimes being punished together.

  But after Zhang Yuan raised it...this issue has been made clear.

Duan Qingshui looked at Zhang Yuan: "Then what considerations does the prosecutor have regarding punishing multiple crimes simultaneously?"

“According to the provisions of my country’s criminal law, the amount and magnitude of smuggled goods should be considered together with tax evasion.”

“According to the circumstances involved in this case, Lin Yong has been involved in smuggling and tax evasion.”

“Then Lin Yong should be punished based on the serious circumstances of the smuggling crime.”

“Taking into account the circumstances of his trafficking in counterfeit drugs, he should be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.”

  ? ? ?

After Zhang Yuan spoke, the first person in the courtroom who couldn't sit still was the witness seat.

What the hell?

Although they didn't understand the law, they also knew very well that this meant Lin Yong had to impose a severe sentence.

 More than three years and not more than ten years in prison!

 Isn’t this a more severe sentence?

Had it not been for the bailiff standing nearby, the first witness would have started to curse.

　　　The judgment you made just now was in vain, right?

Now it is said that taking into account the situation of smuggling and selling counterfeit drugs and evading taxes, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Isn't this more serious than what happened just now? !

Su Bai also frowned slightly after facing Zhang Yuan's opening.

 Trading counterfeit medicines and smuggling, to be honest...the sentence for smuggling is very long.

 If the amount of tax payable for smuggling is more than 150,000 and less than 500,000, you can be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

If the amount exceeds 500,000 yuan, it shall be punished by a fixed-term imprisonment of more than ten years.

 In the first instance, the judgment was mainly based on the situation of selling counterfeit drugs, and the sentencing of the crime of smuggling was not mentioned.

 Because the crime of smuggling and selling counterfeit drugs are not the same act and different crimes are punished with severe penalties.

 Instead, parallel punishments are based on the scenarios of selling counterfeit drugs and smuggling.

 There is a situation that needs to be mentioned here.

 That is the situation where several crimes are punished simultaneously and one of them is severely punished.

 The situation of concurrent punishment for multiple crimes is very simple, that is, multiple crimes are committed and punished.

 The situation of choosing a heavy punishment and punishing several crimes together are similar.

However, choosing a severe punishment refers to committing this kind of behavior and generating multiple crimes, so the most severe criminal law crime is selected for punishment.

Now the prosecution suddenly proposes concurrent punishment for several crimes and uses the serious circumstances of the smuggling crime to make relevant judgments. It is obvious that they want to give Lin Yong a severe sentence.

 Even disregarding the sentencing result of the first instance.

You should know that the amount of the smuggling crime tax was not mentioned in the first instance.

To be honest...the prosecution is obviously trying to find a way to get Lin Yong to receive a heavier sentence...

 But in fact, it is still the same sentence, everything is not subjective for the purpose of profit.

 They all fail to meet the main conditions for committing a crime.

 This request made by the prosecution will not be accepted by the court.

 This is Su Bai's view on this case, but the details will depend on the subsequent defense and other circumstances.

 In short.…

 There will be no other surprises.

.

 ….

at the same time.

 In the live broadcast room of the court where the hearing is being held in public.

The same confusion arose: "No, hasn't the presiding judge already asked for a court statement? What kind of trouble is the prosecution making?"

“Request that several crimes be punished together, with smuggling as the main basis for sentencing?”

ˆ “TM’s!”

“Who doesn’t know that the crime of smuggling is punished more severely? If the tax amount exceeds 150,000, you will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years!”

“If we calculate it this way, how much business has Lin Yong smuggled out in two years?”

“But then again, if he has no profit, he shouldn’t pay taxes, right?”

“If I have to pay taxes, can anyone tell me how much tax I’ll have to pay and how many years in prison?”

“I’m not sure about this situation, but in terms of tax crimes, if there is no profit, you still need to pay a tax.”

“But it’s mainly corporate tax. What does Lin Yong say... He is mainly selling as a purchasing agent and does not make a profit. How can the amount be judged to be relatively large?”

“In the first-instance case, the smuggling crime mentioned was mainly based on the view that the purpose was to make profits.”

"But now the court of second instance has determined that the purpose of the smuggling crime is not to make profits. To be honest, this crime of smuggling can be dismissed and the prosecution can be dismissed." "Yes, I agree with the above point of view. In this case, the main point of the first instance judgment is that the purpose of making profits is to make profits." For the purpose, he was sentenced for two crimes, one was smuggling and the other was selling counterfeit drugs.”

“However, when the court of second instance determined that the purpose was not to make profit, neither of these two charges was true to be honest.”

“I’m not saying anything else... I feel that it was the prosecution who made the accusation deliberately. If it weren’t for the prosecution, I don’t think this case would have been prosecuted.”

“It is very likely that the prosecution will be dismissed on minor grounds.”

“Yeah, right...Actually, I feel the same way. The main reason is that the prosecution is clinging to this matter. Otherwise, I think the prosecution is very likely not to prosecute.”

　　　….”

Many people in the live broadcast room of the French Commentary were talking about it.

 At the same time, Duan Qingshui, as the presiding judge, turned to look at Su Bai:

“What do the lawyers entrusted by the appellant think about this prosecution of smuggling crimes?”

Su Bai looked calm and spoke slowly: "Presiding judge, our view is very simple."

“In this case, the crime of smuggling was brought up. To be honest, we think our case is very minor.”

 “What’s first?”

“First of all, as we have just determined, we are not conducting sales for the purpose of making profits.”

“It is a purchasing agent that is not for profit.”

“And our purchasing agents are all patients.”

“During this process, it was just ordinary smuggling of items, no profit-making, no administrative penalties, and no refusal to pay taxes.”

“In this case, we don’t understand why Lin Yong should be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.”

“First of all, we believe that although our behavior is judged as selling counterfeit drugs, the actual essence is smuggling for the purpose of purchasing on behalf of others.”

 “All of them have been in criminal status for less than three years.”

  “There is no situation where tax should be paid.”

“So regarding the prison sentence of more than three years to less than ten years proposed by the prosecution, we think this behavior is very unreasonable.”

“Here we reiterate that we are not seeking profit.”

“This is to reject the prosecution’s request for a statement.”

to be honest.…

 The specific circumstances of the crime of smuggling still depend on whether there is profit-making!

  What kind of tax is it if there is no profit?

 If there is no tax, then the penalty for smuggling will most likely be an administrative penalty.

 How could it be possible to impose such a heavy penalty if the purpose was not to make profits?

Su Bai also knew what the accuser was asking for, which was to determine the amount of tax based on sales.

 But will the court and the collegial panel adopt this point of view?

in other words!

 It has just been determined that Lin Yong’s behavior was not for profit.

Will the collegial panel still accept the prosecutor’s request to determine the amount of tax based on sales?

Totally impossible!

 In the first-instance judgment, the crime of smuggling was not convicted because of the purchasing agent matter, and the sentence was determined based on the crime of smuggling.

If these are brought up in the second instance, will the court accept them?

 Not at all!

It was pretty much what Su Bai expected. After Su Bai finished his statement, the presiding judge spoke directly:

“The collegial panel has heard the opinions of the appellant.”

“The collegial panel believes that opinions on smuggling should follow the principle of smuggling as to whether it is for profit.”

“For the definition of smuggling of ordinary items, the penalties are not severe.”

“Based on this point, the lawsuit application just filed by the prosecution is dismissed.”

 After Duan Qingshui knocked the gavel, Zhang Yuan immediately raised his hand again:

 “Presiding Judge... We would like to protest against this.”

“Although Lin Yong did not conduct smuggling for profit, he did generate huge sales.”

 “From this aspect, shouldn’t it be defined in this way?”

“So we protest against the presiding judge’s rejection of our request just now!”

 Duan Qingshui:.….

 Su Bai: .….

 Protest?

The presiding judge has made it very clear just now, what else is there to protest?

 The presiding judge did not make a rebuttal without legal basis.

 Most of the definitions of smuggling crime are based on profit-making and are judged subjectively.

Still protesting, what are you protesting for?

 Protest against the initial decision?

  Duan Qingshui and Su Bai finally saw through Zhang Yuan's behavior.

Is this last act of protest an expression of your best efforts?

 Show it to the client behind the scenes?

 In fact, Zhang Yuan did mean this.

 When raising the crime of smuggling, I thought it would be a good thing for them if the court could decide it.

 If they are unable to protest, it also demonstrates their best efforts as the client's attorney.

Zhang Yuan also knew that after the presiding judge dismissed the case, Lin Yong would be given a lighter sentence in this case.

 But he represents the interests of the genuine Glita drug.

 For this kind of foreign drugs, infringement cases often occur in China, and the amounts involved are huge.

 To be honest...generally speaking, they are the financial backers of law firms.

 Why was he protesting?

 Doesn’t he know that if it is not for profit, there is no profit, and from a personal point of view, there is no need for so-called taxation?

 Furthermore, what Lin Yong did in this case was a purchasing agent.

 It is not a direct profit-making behavior.

  In other words, according to the legal definition, it may not constitute a sale of profit.

 Is Zhang Yuan clear about this?

very clear!

 But why did he have to state it at the trial?

 The main reason is that I want to show protest at the court hearing!

  Let’s show it to the commissioning company behind the scenes.

 Zhang Yuan knew very well that this trial would definitely not be judged according to what he said.

 But what he said just now was not to convince the presiding judge to rule Lin Yong guilty.

But to show Cao Zhiwei, the general dealer behind the scenes, that they have tried their best in the court trial!

This is also a common performance in court trials. The more intense the performance, the client may think that you have tried hard enough.

Then.…

 Think that it may be an unfair decision by the court, resulting in a wrong decision.

 But what about actually?

 In fact, in many cases, the entrusted lawyer knows that the case itself cannot be won, and promises that the case will definitely be won.

 When you get to the court, put on a show, take the money and leave.

 In the end, it is the client who is harmed.

Facing Zhang Yuan’s protest, Duan Qingshui banged the gavel directly:

 “Again the prosecution’s protest was dismissed.”

“If the prosecution continues to protest with no factual or legal basis, it will be expelled from the court and the situation will be noted in the affirmation and ruling.”

“Okay, let’s continue the trial!”

Facing the presiding judge’s warning, Zhang Yuan nodded and said nothing more.

　　That's it... I have no legal basis, and I can't continue to protest.

Duan Qingshui nodded slightly when he saw that Zhang Yuan had no intention to continue his explanation.

 Then he spoke: "The following is a court statement."

　　　…

 Hearing that he needed to make a court statement, Su Bai took a long breath.

 Court statement.…

The court stated that the sentence was reduced, and the last court defense session is here! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)