You became a lawyer and sent the judge in?

Chapter 349 Classic moment, witness appears in court!

Duan Qingshui, who was sitting on the presiding judge's seat, was sorting out the contents of Su Bai's statement just now.

Su Bai's statement just now was very clear.

It is a request to overturn part of the judgment in the first instance judgment.

To realize the idea of ​​​​mitigating the sentence for Lin Yong.

After listening to Su Bai's statement, Duan Qingshui nodded slightly.

These are all new evidences presented by Su Bai, and he has already seen them before the High Court adopts them.

I also agree with some aspects.

However... specifically whether the first-instance judgment should be upheld.

It still needs the prosecution and prosecution to come up with different viewpoints to refute.

Duan Qingshui looked at the prosecutor and the accuser.

In this trial, the prosecutor acted as the party that reviewed and tried the relevant evidence in this case.

Statements given at trial are relatively objective.

The prosecutor began to state: "There are criminal facts and evidence about Lin Yong."

"The prosecutor believes that the criminal facts are sufficient and the objective evidence has formed a complete chain of evidence."

"It is an established fact that the crime of smuggling and selling counterfeit drugs constitutes the crime of selling counterfeit drugs."

"For the above, the prosecutor believes that the first instance verdict is reasonable and consistent with the corresponding circumstances."

"It is believed that the original judgment of the first instance should be upheld."

Similarly, after the prosecutor expressed his views, Fang Qi and Zhang Yuan, the legal entrusted lawyers of Genuine Glita Pharmaceuticals, were seated at the prosecution seat.

He also expressed his desire for the second instance to uphold the original judgment of the first instance.

However, the point of view expressed by the legal counsel for legitimate drugs is that Lin Yong infringed on the sales of legitimate drugs as a starting point.

"presiding judge.…"

"We do not agree with the appeal application of the appellant."

"First of all, we believe that the judgment of the first instance is reasonable, and throughout the relevant process of the case, Lin Yong did commit the crime of smuggling and selling counterfeit drugs."

"Selling fake medicines, pirated medicines."

"It is a serious violation of our rights."

"We request the court to judge Lin Yong's crime from the perspective of protecting genuine rights."

The statements made by all parties are now very clear.

As the appeal party, Su Bai hopes to reduce the sentence.

The prosecutors and prosecutors, who are the attorneys entrusted by Glita's genuine drugs, hope that the result of the first instance verdict can be upheld.

The three parties involved in the trial have clearly stated their respective attitudes.

Regarding the above situation, Duan Qingshui, as the presiding judge, also understood the overall situation clearly.

Then he continued: "What the appellant just stated is that he believes the first-instance judgment is unreasonable."

"And it is believed that the first-instance judgment was erroneous."

"Can you elaborate on this point with specific circumstances and evidence?"

"Yes, Judge."

Su Bai nodded:

"First of all, in the first-instance judgment, it was determined that we were selling counterfeit drugs for profit, which we do not agree with."

"Subjectively speaking, the main purpose of our purchasing and selling is to help patients."

“Instead of selling for profit.”

"According to the evidence we provided, it can be clearly shown that we did not use the profits for ourselves when selling drugs."

"In other words, judging from the results, there is no profit-making."

"Since there is no profit-making in the results, it is not enough to prove that we are deliberately selling pirated drugs to make profits."

"So this relevant judgment in the first instance is not established."

When Su Bai was making a statement, Fang Qi from the prosecution interrupted.

Raise your hand.

"Presiding judge, regarding this point, we say that the statement made by the lawyer appointed by the appellant is biased."

"The complete facts were not stated."

Duan Qingshui: "The prosecutor's attorney thinks there are objections. Can you explain specifically what bias the appellant's attorney has?"

"Presiding judge, the statement made by the lawyer entrusted by the appellant is based on the result, and there is no profit-making."

“However, based on the evidence provided by the lawyer entrusted by the appellant, it is only shown from the rough bank statements that Lin Yong’s family has not made large-scale profits from the sale of counterfeit drugs.”

"What's specific?"

"The specific relevant flow records in the past two years and the use of foreign currency for consumption abroad are not reflected in the evidence."

"Then the benefits are consumed abroad?"

"On this point, our suspicion is very reasonable."

"A little more."

"The appellant's description just now is also very clear. Judging from the results, there is no profit-making."

"But what is the reality?"

"The fact is that Lin Yong only needs to spend 1500 to 1800 to buy a bottle of pirated medicine from abroad."

"But he sold it to his fellow patients for 2000."

"The price difference in the process ranges from 200 yuan to 500 yuan."

"This price difference is the vested profit obtained."

"It is very unobjective and irrational to only look at the results to see whether there is profit-making, and not to look at the profits and facts to see whether there is profit-making."

"So from this point of view, we believe that the lawyer appointed by the appellant did not express the complete facts and opinions, but only summarized the situation of this case from the perspective of the appellant."

"This is inconsistent with legal provisions and legal definitions."

"Presiding Judge, these are my views on the appellant's statement."

Su Bai remained silent regarding Fang Qi's statement and rebuttal.

Fang Qi's statement just now is, to put it bluntly, a problem.

You said you didn't make a profit, so what did you spend on consumption abroad?

The bank statement proves that you are not making profits, so is the consumption abroad done with profits?

There is such a price difference for a bottle of medicine. Where did the price difference go?

Therefore, the defenses of both sides have certain truths.

Whether there is profit-making or not should be judged from the results or from the process.

There is doubt about this.

Judging from the resulting facts and evidence, there is indeed no profit-making situation.

But from a process perspective, there is room for profit-making. There is a dispute over whether the money is Lin Yong's personal consumption or whether it was spent for patients.

Su Bai knew that the profit from the price difference was definitely not Lin Yong's personal consumption.

But from the other side...

Su Bai believes it, so is it equivalent to believing in the law?       are not the same.

Because in the final analysis, the law still requires evidence.

Regarding profits, Su Bai had asked Lin Yong before.

Lin Yong's answer was that he exchanged the price difference in foreign currencies to local dealers.

Have your local dealer reserve this pirated drug.

Or it was consumed due to other reasons, such as smuggling and transportation.

However, there is no evidence to prove this.

but.…

Regarding the profits generated by the process, Lin Yong could not provide direct evidence.

However, the evidence can prove that Lin Yong did not make profits.

Therefore, there is a vague possibility in the judgment result.

Another point discussed in this case is whether there is subjective profit-making.

It doesn't take much direct evidence to prove that Lin Yong is not seeking profit.

As long as the subjective purpose of the discussion is not profit-making, in fact, no profit-making is made as a result.

Then the relevant judgment of the first instance will naturally be rejected.

At the trial table, Duan Qingshui was listening to Su Bai and Fang Qi's defense.

He opened his mouth: "The collegial panel has heard the defense of the lawyer appointed by the appellant and the lawyer appointed by the prosecution."

"As to whether Lin Yong made profits, both parties have given detailed explanations and supplemented with relevant evidence."

"So based on whether there is profit-making, is there anything else that both parties need to add?"

"For example, whether there is intentionality in supplementing its subjectivity and other circumstances."

"Presiding Judge, we have something to add."

Su Bai raised his hand to signal.

"Please add on."

After getting the consent of the presiding judge, Su Bai continued to speak:

"As for the profits from pirated drugs, this can be confirmed by our client's confession. They have been given to dealers and used for smuggling expenses."

"It is reasonable for the accuser to suspect that we are spending our profits abroad."

"But I would like to ask the accuser, if we subjectively want to make a profit, then why, judging from the bank's expenses, do we not generate any income from selling pirated drugs?"

In this regard, Fang Qi said: "We have made it very clear just now. Judging from the results, there is no profit, but profits have been made in the process."

Su Bai continued to ask: "But the first instance determined that the purpose was to deliberately make profits."

"If our purpose is to intentionally make profits, then why does the result evidence show that there is no profit? What we want to ask is how to determine this intentionality."

Fang Qi retorted: "Just because the results are not profit-making does not mean that the subjective purpose is not profit-making."

"It's like doing business. Some people make money while doing business and some people lose money."

"In this case, can it be said that some people lose money in business because they don't want to make money?"

"It's not that they don't want to make money, but they don't have the ability to make it."

"Judging from the results, there is no profit-making, but it does not mean that there is no deliberate profit-making from a subjective point of view."

"So we think there are loopholes in the defense provided by the lawyer appointed by the appellant."

"Application rejected."

After finishing his statement, Fang Qi raised his head and looked in Su Bai's direction.

After listening to Fang Qi's statement, Su Bai did not immediately refute.

According to the existing plea situation, some of Fang Qi's views are tenable.

If the argument is based solely on the existing defense evidence and viewpoints.

It is a relatively vague state to determine that Lin Yong does not have the purpose of subjective profit-making.

But...how to say, for this point, other evidence can be submitted.

Su Bai raised his hand and spoke after getting the consent of the presiding judge:

"Presiding judge, we would like to submit some evidence and invite witnesses to speak."

The gavel fell and the application passed.

Su Bai handed over the evidence to the staff, and after the staff handed the evidence to the presiding judge.

Su Bai spoke again: "Presiding judge, the above is the signature of the message submitted by us regarding Lin Yong's selling of medicines to patients."

"The above description is very clear. Everyone has written their opinions on Lin Yong's selling of drugs."

"Some of them are good, some of them are bad..."

"But they all admit one thing, that is, Lin Yong has really helped them."

"Even at certain times, those patients can't afford pirated medicines that cost 2000 yuan, so Lin Yong will take the initiative to lower the price."

“Some are even lower than the purchase price.”

"If a person's purpose is to make profit, why would he do this?"

"After deducting the smuggling costs, selling at a low price and making a profit, what profit are you seeking?"

"According to the lawyer appointed by the prosecution, some people make profits while doing business, and some people lose money doing business."

"However, did the prosecution ignore the most important point when appointing a lawyer?"

"As a basic foreign trade personnel, if you want to make profits through smuggling drugs, this should be easy to do, right?"

"Lin Yong only needs to raise the price of medicines to 3000 yuan, and he can do it."

"And it's still far lower than the price of genuine drugs."

"If the buyer wants to maintain his condition, he must pay the 3000 yuan."

"So why didn't Lin Yong do it? What was the reason for not doing it?

Will raising the price of medicines to 3000 yuan affect sales or cause patients to not buy them?

Or is it very difficult to increase the price of medicines to 3000 yuan? "

"neither!"

"It is a very simple thing to raise the price of medicines to 3000 yuan. Why doesn't Lin Yong do it?"

"The reason he didn't do it was because he didn't want to make a profit and wanted to help others."

"That's where he comes from."

"Otherwise, how can a salesperson with a huge monopoly and profit-making power not make a profit in the end?"

"Judging from the legal situation, is this possible?"

"Absolutely impossible!"

"So starting from this point, whether it is from Lin Yong's personal confession or from objective factual evidence, it can be seen that Lin Yong is not subjective about making profits."

"The above evidence was submitted by the patient on his own initiative after learning that Lin Yong wanted to apply for a second trial."

"We also invited several patients as witnesses to state some things about Lin Yong in the past two years at the trial."

"We also ask the presiding judge to allow our witnesses to speak."

After Su Bai finished his statement, he looked up at the presiding judge's seat.

Request witnesses to speak.
.

....

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(End of this chapter)