You became a lawyer and sent the judge in?

Chapter 352 Is the case considered serious? How to judge? That's saving people!

If the circumstances are relatively minor, he will be sentenced to fixed-term imprisonment of not more than three years.

If the circumstances are serious, the offender may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

There is only one word difference between a lighter plot and a heavier plot, but the gap between the two is huge.

The gap between the upper and lower limits of the two can even be as high as several years!

For example, in the first instance, Lin Yong was sentenced to four years in prison.

Why was he sentenced to four years in prison?

The main reason is that the circumstances were considered serious.

This is one of the reasons why Su Bai regards this judgment as more important.

Because it is related to the bottom line of the sentence!

If the sentence is heavier, it will be at least three years in prison!

It completely fails to achieve the meaning of commutation!

So can we ignore this judgment?

Definitely not.
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....

After Su Bai finished his statement, Duan Qingshui, who was sitting on the trial bench, acted as the presiding judge and sorted out the relevant litigation materials.

Then he turned to look at the prosecutor's seat and the prosecution's seat.

"What do the prosecutors and lawyers appointed by the prosecution think of this judgment?"

"Let the prosecutor make a statement first."

Facing the presiding judge's words, the prosecutor nodded: "Okay presiding judge."

In this case, the prosecutor always maintained an objective and rational attitude.

Just like just now, the prosecutor has no objection as to whether Lin Yong subjectively and intentionally made profits.

Because he believes that there is no big problem in determining that Lin Yong did not subjectively seek profit.

So no other point of view is presented.

However, the prosecutor had certain objections to the plot issues raised by Su Bai, and objectively pointed out the problems.

"presiding judge.…"

"As for the determination of whether the circumstances are serious, the prosecutor believes that this matter should not be considered solely in terms of whether it has caused physical harm to a larger number of special groups."

"This view put forward by the lawyer appointed by the appellant is only part of the view."

"The prosecution believes there are different perspectives on this case."

“Whether it causes physical harm to the purchasing public is one aspect that determines whether the circumstances are serious.”

“The other aspect is targeting the size of the buying group.”

"In this case, Lin Yong has been selling and purchasing for two years. According to the investigation, there are as many as 2000 people."

"The spread is very wide, and the number of sales is very large, and the sales amount is very high."

"From this aspect, the prosecutor believes that certain serious circumstances can be achieved."

"That's the prosecutor's view."

This time the prosecutor's statement was very objective.

I did not favor this accusation subjectively or because of my own emotional factors.

The prosecutor also admired Lin Yong's behavior very much.

But, on the other hand, the law is the law.

There is no objection to prosecuting in accordance with relevant laws. This is also the responsibility of the public prosecutor.

After listening to the prosecutor's statement, Duan Qingshui continued to let the prosecution begin its statement.

"Does the prosecution have any other objections to the above-mentioned party's belief that the circumstances were serious?"

"Yes, Judge."

Zhang Yuan immediately expressed his stance and spoke.

He and Fang Qi made mistakes in their first judgment.

The trial fell into a situation that was unfavorable to the prosecution.

It cannot be said that it is unfavorable to the controlling party, but it does not meet the requirements of the client.

This time the judgment is related to the upper and lower limits of the prison term.

It was a very important decision, and the two of them did not dare to slack off at all.

Otherwise...the big customers will run away!

The prosecutor has just made a statement in terms of sales scope and sales amount.

As a prosecutor, if the circumstances of the accusation are serious, you need to describe the difference between genuine drugs and pirated drugs.

Of course, it can also be described in terms of the loss of genuine drugs.

However, regarding losses, they are within the scope of civil compensation and have nothing to do with criminal liability.

Therefore, if they supplement in this case, they can only supplement the harm of pirated drugs to the body.

This time, Zhang Yuan made the statement. Zhang Yuan slightly raised his head and looked at the seat of the trial, and then spoke:

"President, based on the evidence we submitted, it has been shown that genuine drugs and pirated drugs have different levels of harm to the human body."

"Counterfeit drugs can exacerbate complications for patients with chronic leukemia."

"It greatly increases the possibility of complications and will be harmful to patients."

"This kind of potential harm is present in pirated drugs...but genuine drugs greatly reduce this situation."

"What the lawyer entrusted by the appellant stated did not cause much physical harm to the patient. That is because the extent of the harm of pirated drugs has not yet been highlighted."

"This situation is fortuitous."

"But it also contains great potential threats..."

"Our detailed presiding judge can consider this aspect."

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

The presiding judge looked at the appellant's seat again.

At this time, when Su Bai faced the prosecutor's statement and Zhang Yuan's statement, there were not many surprises.

Because the prosecutor's statement and Zhang Yuan's statement both highlight the key points of the judgment from the relevant judgments of the first instance.

indeed.…

According to the prosecutor's statement, determining whether the circumstances are minor or serious requires consideration from many aspects.

In other words...the sales population and sales amount need to be taken into consideration.

But there is a premise!

That is, in the first-instance judgment, the judgment is based on the subjective purpose of making profit, so the sales amount and sales group need to be taken into consideration.

However, in the judgment of the second instance just now, this view has been rejected.

at the same time!

The same does not apply to the scenario described by the prosecution's attorney.

Why do you say that?

Because the dangers of pirated drugs mentioned by Zhang Yuan actually exist also with genuine drugs.

And the reason why pirated drugs are classified as counterfeit drugs by the country is because they have not obtained a business license.

It is not that the ingredients are fake or that the ingredients contain ingredients that are harmful to the human body.

Regarding this point, Su Bai has also conducted investigations and asked professionals.

According to domestic regulations, the relevant ingredients in pirated drugs are not considered excessive.

Then its potential harm is normal and does not constitute a necessary condition for aggravating the penalty.

Just like any medicine taken, there will be certain adverse reactions.

So as long as these medicines are manufactured and passed state inspection and have received reminders and reminders, they do not need to bear relevant liability issues.

Also...Have you ever taken the wrong medicine and reported it to the drug dealer?

Therefore, it can be seen from this point that the standard for aggravating the penalty cannot be met.

On the bench, Duan Qingshui spoke:

"Does the appellant have anything to say about the statements made by the prosecutor and the prosecution?"

"There is a presiding judge."

When Su Bai heard the presiding judge's inquiry, he immediately said: "We do not agree with the statements of the prosecutor and the prosecution."

"The reasons are as follows:"      "First: the prosecutor's statement is that the circumstances are serious depending on the sales scope, sales amount and sales group."

"But from the above point of view, in order to determine the seriousness of the case, what direction should we take to impose punishment?"

"It is because of the huge profits gained from selling counterfeit drugs and purchasing drugs on behalf of others that it infringes on the health of the people who buy them that serious penalties can be imposed."

"In other words, it is based on the subjective pursuit of profit, knowing that piracy will cause physical harm to the purchaser and continuing to sell it."

"However, in the judgment just now, the collegial panel has determined that we are not conducting sales and purchasing activities for the purpose of subjective profit-making."

"So based on the above points, we judge that the circumstances are serious and completely inconsistent with the situation."

"One more thing, why do we do purchasing on behalf of others?"

"Is the reason why we carry out purchasing on behalf of others to help patients?"

"So, from this aspect, the sales amount and the number of purchasing agents are increasing, so the more people we can help."

"How could something serious happen?"

"The prosecutor's statement is based on the subjective purpose of making profit and is based on the judgment of the first instance."

"So, based on the current situation of the second trial, the prosecutor's argument is not valid."

"Second: The accuser accuses us of purchasing pirated drugs that are potentially harmful..."

"The harm to the human body is much greater than that of genuine drugs."

"I don't know where the prosecution came to this conclusion."

"But judging from the current situation, the purchasers of pirated drugs have not yet experienced complications as stated by the prosecution."

"also.…"

"According to the evidence we submitted, it can be shown that the pirated drugs fully comply with my country's drug ingredient standards, but they do not have the licensing rights to operate in my country."

“That’s why it’s called ‘fake medicine’.”

"However, there are no ingredients that seriously endanger human health."

"One more point, I want to emphasize and explain that in the country where Lin Yong purchased it, this kind of counterfeit medicine is a "genuine medicine" belonging to other countries and has the right to operate it."

"So from this aspect, we do not agree with the views stated by the prosecution."
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....

Su Bai made a clear rebuttal statement.

Refuting both the prosecutor's statement and the prosecution's statement.

Faced with the rebuttal, the prosecutor nodded slightly after listening to Su Bai's statement.

Without giving too many responses, Su Bai made it very clear just now. His point of view is based on the verdict of the first instance and is based on the profit-making point of view.

Although based on this point, he can continue to refute, there is actually no need to continue to refute.

Because it is the presiding judge who makes the decision.

He only needs to bring these up, and then the presiding judge decides whether to make a judgment.

And on the other side...

When facing Su Bai's rebuttal, the accuser Zhang Yuan immediately said:

"We do not agree with the views stated by the lawyer appointed by the appellant."

"In terms of drug ingredients, pirated drugs are indeed more likely to cause various complications than genuine drugs."

"The fact that it has not occurred for the time being does not mean that it will not occur in the future, nor does it mean that it will not cause huge harm to future health due to potential dangers."

"Thousands of people buy pirated drugs, which means there are thousands of harms."

"According to the relevant provisions of the National Drug Administration Law, this behavior has constituted a serious situation."

"As for what the appellant stated, there is currently no outbreak."

"Probably by chance."

"So on this point, we think it should be rejected."

? ? ? ?

Regarding Zhang Yuan's statement, Su Bai felt that the other party was completely trying to convince himself and the presiding judge.

Why do you say that?

Because this statement is completely untenable!

There is potential harm. Which drug does not have potential harm?

As long as its ingredients do not exceed the standard, comply with national regulations, do not cause particularly serious harm to the human body, and comply with the standards issued by the state.

Then this kind of medicine is a normal medicine!

Now Zhang Yuan's statement is completely a "form of expression".

Could it be that you want to show the boss behind you that you tried your best?

Regarding this situation, Su Bai still made a rebuttal:

"I don't know what management law the prosecution is based on. The prosecution did not list the regulations of the management law."

"Single action has hidden dangers. I would like to ask the prosecutor..."

“Wouldn’t the genuine drug of Glicide cause complications?”

"Yes, but the probability is much smaller than that of pirated drugs. If the people who buy pirated drugs can buy genuine drugs, this kind of complication will almost never occur."

Zhang Yuan replied: "Taking pirated drugs is very harmful, and the potential harm is also very great. There is no doubt about this."

Su Bai nodded in agreement with Zhang Yuan's statement, and then asked another question.

"On the other hand, taking pirated drugs can be harmful in many ways..."

“But don’t the people who buy it know that it’s very harmful?”

“What are the reasons for buying counterfeit drugs?”

"We have made it very clear just now. The reason for buying pirated drugs is because you can't afford genuine drugs!"

"Being unable to take genuine medicine is equivalent to waiting for death slowly."

"Pirated drugs give these people who cannot afford genuine drugs a hope of survival."

"Compared to those complications, those potential harms, is it important to face death?"

"These are not important!"

"Another point is that everyone knows what it means to take pirated medicines. It means that you have to bear certain risks in taking medicines, but you can live well."

"It's just like what was described by our witness who appeared in court just now."

"She doesn't know if genuine medicine is good?"

"Know!"

"But can you afford it?"

"Can't afford it."

"It's the pirated drugs that give them a hope of survival."

"Don't they want to take genuine medicine? Don't they know whether the medicine is fake or not?"

"In their view, drugs that can alleviate their condition and allow them to survive are "genuine" drugs."

"As for the potential harm stated by the prosecution, it exists!"

"But the effects of the drugs Lin Yong sells outweigh the side effects. From this aspect, their potential harm has been covered up."

"It does not constitute behavior that endangers the health of the purchaser."

To sum up, there is only one simple sentence——

You can live by taking pirated medicines, but you can't live without taking pirated medicines.

How to choose?

How do you let the patients choose? They have no choice.

They are also very clear about the potential harm.

But as long as you can survive, there is hope.

The potential harm to the accuser is not worth mentioning when they cannot afford the medicine.

After all!

The statement on this point is still true, you can’t afford genuine medicine!

As for potential harm, it is nothing in the face of life.

From this point of view, is Lin Yong's selling of pirated drugs endangering the health of other people?

Not at all!

How to judge if the circumstances are serious?

That's saving people, not harming them. How can we judge the seriousness of the situation? !

This point is the core point of what Su Bai just stated.
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(End of this chapter)