You became a lawyer and sent the judge in?

Chapter 354 Several crimes are punished simultaneously, raising objection? If we don’t decide, it’s impossible for the court to decide!

It ends after just judging the severity of the plot.

On the judgment seat.

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

At present, this case has been judged whether purchasing on behalf of others is for profit.

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.

Regarding 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's ruling is very large 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 prison sentence in the case.

The case has reached this stage and is fully 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.

dong dong!

The hammer struck.

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

At this time, Zhang Yuan, who was sitting at the prosecutor's seat, 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 believe 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 punished with a more severe sentence."

After Zhang Yuan finished speaking, he looked up 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.

Rather, he has already made a rough judgment in his mind about the situation of concurrent punishment for two crimes.

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 the concurrent punishment of several crimes?"

“According to the provisions of our 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."

"Also considering 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 don't understand the law, they also know very well that this is asking Lin Yong to impose a severe sentence.

More than three years and less than ten years in prison!

Isn't this a more severe sentence?

If it weren't for the bailiff standing nearby, the first witness would have started cursing.

Isn’t it a waste of time to judge so many co-authors just now?

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

Is this more serious than what happened just now? !

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

Selling counterfeit drugs and smuggling, to be honest... the sentence for smuggling is very long.

If the amount of tax payable for smuggling is more than 15 and less than 50, you can be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

More than 50 yuan is a fixed-term imprisonment of more than ten years.

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

Because the crime of smuggling and selling counterfeit drugs is not an alternative to severe punishment for different crimes committed by the same act.

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

A situation needs to be mentioned here.

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

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

There is a similar situation between choosing one severe punishment and punishing several crimes simultaneously.

However, choosing a severe punishment means that if you have committed this kind of behavior and have multiple charges, you can choose the most serious criminal law charge for punishment.

Now the prosecution suddenly proposed that several crimes should be punished together and make relevant judgments based on the serious circumstances of the smuggling crime. It is obvious that they want to give Lin Yong a harsh sentence.

Even putting aside the penalty result of the first instance.

You should know that the tax amount for smuggling crimes 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, as the same saying goes, everything is not subjective for the purpose of profit.

None of the main conditions for committing a crime were met.

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.

Anyway...

There won't be any other surprises.
.

....

at the same time.

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

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

"Requesting that several crimes be punished concurrently, with smuggling as the main basis for sentencing?"

"What the fuck!"

"Who doesn't know that smuggling crimes carry more severe sentences? Those with a tax amount of more than 15 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 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 taxes I have to pay and how many years the sentence will be?"

"I'm not sure about this situation, but regarding 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 mainly sells as a purchasing agent and makes no profit. How can he judge the amount to be relatively large?"

“The crime of smuggling mentioned in the first-instance case 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 this purpose, he was sentenced to two crimes, one was smuggling and the other was selling counterfeit medicines.”

"But when the court of second instance determined that the purpose was not to make profit, these two charges were not 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."

"Right, right...Actually, I feel the same way. The main reason is that the prosecution is clinging to this matter. Otherwise, I think the prosecution will probably not prosecute."

"..."

Many people in the French commentary live broadcast room 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."

"First what?"

"First of all, it has been determined just now that we are not conducting sales for the purpose of profit."

"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 were in criminal circumstances of less than three years."

"There is no amount of tax that should be paid."

"So for the prison sentence of more than three years and less than ten years proposed by the prosecution, we think this behavior is very unreasonable."

"We would like to reiterate again that we are not seeking profit."

"This rejects the prosecution's request for representation."

to be honest.…

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

What is the amount of tax if there is no profit?

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

If the purpose was not to make profit, how could it be possible to impose such a heavy penalty?

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

But will the court and the collegial panel adopt this 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 determined 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!

Just as Su Bai expected, after Su Bai finished his statement, the presiding judge spoke directly:

"As for the opinions of the appellant, the collegial panel has heard it."

“The collegial panel believes that the opinions on smuggling should be based on whether the purpose of smuggling is profit-making.”

“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:

"The chief 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 this be used to define it?"

"So we are protesting 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 definitions of smuggling crimes are based on profit-making and are judged subjectively.

Still protesting, protesting for what?

Protest against the initial decision?

Duan Qingshui and Su Bai finally saw 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, they thought that if the court could decide it, it would be a good thing for them.

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 what he represents is the interests of the genuine Glita drug.

Infringement cases for such foreign drugs often occur in China, and the amounts involved are huge.

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

Why is 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?

Besides, 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 profits.

Is Zhang Yuan clear about this?

very clear!

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

The main reason is to show protest at the trial!

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

Zhang Yuan knew very well that the trial would 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 the general dealer behind the scenes, Cao Zhiwei, that they had tried their best during the trial!

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

Then.…

It is believed that the court's decision may be unfair and result in a wrong decision.

But actually?

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

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

It is the client who is ultimately hurt.

Faced with Zhang Yuan's protest, Duan Qingshui banged the gavel directly:

“Once again the prosecution’s protest is 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 determination and ruling."

"Okay, the trial continues!"

Faced with the warning from the presiding judge, Zhang Yuan nodded and said nothing more.

Stop there... 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 said: "The following is a court statement."

call.…

Su Bai took a long breath when he heard that he needed to make a court statement.

Court statement.…

The court statement reduced the sentence and the last court defense session is here! .

....

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(End of this chapter)