As a Lawyer, You Sent the Judge In?

Chapter 353 Fact certification, judgment results! Witnesses accused the prosecution in court.

In Su Bai’s rebuttal statement, he mainly expressed only one point of view—

 Whether the circumstances are serious depends on the harm caused.

 What is the specific form in which the hazard is manifested?

 Another point is that the potential harm is not serious.

 As to the last point, obviously, it is not legally valid.

 What are the potential hazards?

   It is a possibility belonging to the future, an existence that does not have objective facts.

 You are talking about potential here, so any possibility will exist in the future. How can you guarantee that other possibilities will not exist?

 So any statement that does not contain objective facts is not legally allowed, recognized, or adopted.

also.

 The situation that Su Bai just stated is very clear.

 The harm to the body caused by taking pirated medicines can completely cover up its potential harm.

 And there have been no large-scale cases or serious cases of serious cases caused by taking pirated medicines.

 How to determine the seriousness of the case?

 Which points are used to determine the seriousness of the case?

 There is no factual basis for making the judgment.

 The first-instance judgment is a judgment made for the purpose of making profit at the beginning.

 In this case, it is normal to judge the situation to be serious.

 But now that the second instance has been rejected, from this point of view, it cannot be judged that the circumstances are serious.

 “Overall...it’s not a big problem.”

Su Bai thought silently in his heart.

.

 ….

 Finish stating the corresponding points of view on all parties.

At the trial bench, Duan Qingshui, as the presiding judge, took out the evidence submitted by the prosecution and the prosecution from the materials in front of him.

  According to the material.

 The materials presented by the prosecution and prosecution so far do not indicate that anyone has suffered serious illness or died due to taking pirated medicines.

 In a legal sense, it is indeed not serious.

but.…

Duan Qingshui looked at the appellant’s seat: “The collegial panel has heard the opinions of all parties just now.”

“Now I would like to ask the appellant, do you know anything about this pirated drug?”

“Or do you know how harmful it is and how harmful it is?”

 Lin Yong, as the appellant, nodded slightly after hearing the presiding judge’s question.

 “Presiding Judge.…”

“I know about this pirated drug and its dangers.”

“I learned about this drug abroad because I was also suffering from chronic leukemia at the time…”

As if thinking of something, Lin Yong raised his head and looked at the judgment seat.

“Presiding judge, what I said was a bit long because I wanted to tell all the causes and consequences. Can these be stated at the trial?”

“Okay, the question I asked you just now is to understand your views on this medicine and the process of understanding it. Please state it.”

 Duan Qingshui opened his mouth and motioned for Lin Yong to continue his statement.

Lin Yong nodded after hearing this and continued:

 “A good judge.”

“Because I am also a patient with chronic leukemia, I am also very concerned about some foreign special drugs.”

“When I was doing foreign trade business, I already learned that many patients with chronic leukemia abroad were taking this pirated drug.”

“And I heard from them that the effect of this pirated medicine is very good, it is no different from the genuine one, and it doesn’t have any major side effects.”

“I was unwilling to take pirated medicines at first because my family’s economic conditions allow us to buy genuine medicines, and I thought it would be better to take genuine medicines.”

“But something happened later on in my family’s foreign trade, and I was short of funds during that time.”

“It costs too much to buy genuine medicines, so I want to take pirated medicines.”

“I was quite worried at first. I was worried that it wouldn’t have any major side effects like other people said. But later I found out that it didn’t have much of an impact.”

“Then I told the patients around me.”

“I used it myself at first, and then I dared to introduce it to the patients around me when I felt relieved. Otherwise, I wouldn’t dare to harm others with the defective medicine.”

“I’m also afraid that something might happen to others because I recommend medicines to others or purchase medicines on my behalf.”

“As for whether there is any harm, I asked the foreign dealer who sells this medicine.”

"Under normal circumstances, there won't be any big problems unless you don't take care of your body and drink all day long."

“When purchasing medicines, I also told my patients about the dangers. Patients who have suffered from chronic leukemia know what to do and how to take good care of themselves.”

“I have been taking this medicine myself for more than two years, and I have been purchasing it for two years. I have not heard of anyone having an accident because of taking this medicine.”

“This medicine is harmful, but it’s not very harmful.”

 “This is also the reason why I choose purchasing agents.”

Lin Yong stated all the details in detail.

After finishing his statement, Duan Qingshui turned to look at the witness seat at the trial table.

“May I ask the witness, is what the appellant said true?”

 The three witnesses on the witness stand spoke one after another:

“Lin Yong told the truth. I was one of the first people to buy pirated drugs from Lin Yong.”

 “I can confirm what he said.”

“It is true that he recommended it to us after he used it first and found it effective. After we used it, there was no harm to our body.”

“In fact, the harm mentioned by the lawyer entrusting the genuine medicine does not exist at all. After using it for more than two years, my patients and I have not experienced any other problems at all.”

“Genuine drugs are just deliberate nonsense because they are afraid that piracy will affect their sales. Aren’t their drugs harmless? Won’t they cause other complications?”

“We feel that the pirated medicines sold by Lin Yong do no harm at all. They are life-saving medicines, not harmful medicines!”

“The lawyers entrusted with genuine drugs are totally talking nonsense!”

 The first witness expressed his opinion.

Two other witnesses also spoke up to express their views

“...They have never taken the medicine. As patients, don’t we still know whether it is useful or not?”

“This is a complete slander and a false accusation against a good person!”

Three witnesses in the witness box spoke up and accused the prosecution.

 At the prosecution's seat, Fang Qi and Zhang Yuan fell into silence for a moment when faced with the witness's accusations, not knowing what to say.

 At this time, the witness was also venting his emotions.

 The court hearing was suddenly plunged into chaos. At this time, Duan Qingshui had no choice but to bang the gavel.

 “Quiet.…”

“The collegial panel has heard the witnesses’ statements and the appellant’s statements.”

“Witnesses please remain quiet now and do not disrupt the order of the trial again.”

 Dong dong dong!

The sound of the gavel fell, and the three witnesses stopped blaming the prosecution.

 The court hearing returned to silence.

To be honest... Duan Qingshui can definitely conclude that the witness disrupted the trial in this case.

 But how to put it...the three witnesses are all patients with chronic leukemia.

 Now that the pirated medicine is gone, it is normal to feel a little angry.

Duan Qingshui said he could understand the actions of the three witnesses.

 After the court hearing became quiet, Duan Qingshui sorted out the questions he had just asked.

 The reason why he asked Lin Yong and the witnesses just now.

 Mainly because it is based on the determination of whether the circumstances are serious based on the defense just now.

In the statement just made, it is obvious that Su Bai has a certain advantage in answering.

 Because in objective fact, the pirated medicines sold by Lin Yong did not cause physical harm to the purchasers.

According to what Su Bai stated, it has indeed alleviated the plight of chronic leukemia patients who cannot afford genuine drugs and given them hope of living.

From this aspect, determining that the circumstances are serious does not meet the objective conditions of the facts.

 Furthermore, it can be seen based on the expressions of Lin Yong and his witnesses just now.

Lin Yong himself believes that pirated drugs do not cause much harm to health.

 Hands on purchasing drugs for patients only because they themselves are using them.

 Subjectively, I believe that pirated drugs do not have much impact on the human body.

 This is also an important key point in judgment.

After these facts are clear, the rest is simple.

 Based on the above situation, can the circumstances be considered serious?

Definitely not considered serious!

 Bang the gavel.

 In response to this discussion issue, Duan Qingshui asked:

“Does the prosecution have anything else to say?”

Facing the presiding judge’s question, Zhang Yuan was silent for a few seconds.

This is the end of my defense regarding the determination of whether Lin Yong’s circumstances are serious.…

 To be honest, he had nothing more to say.

  No matter how many statements are made, there is no legal basis for making accusations.

 The presiding judge can only make a determination based on the content of the previous defense. No matter how much you say, it has no meaning.

Thinking of this, Zhang Yuan spoke: "Presiding Judge... We have nothing else to say."

"OK."

Duan Qingshui nodded:

“Since both parties have nothing else to continue to plead, let us begin to make a judgment on this point.”

“According to the appeal application of the appellant, it is believed that the first-instance judgment on criminal suspect Lin Yong’s determination of the circumstances of selling counterfeit drugs was somewhat unreasonable, and the appeal is filed.”

“The court of second instance held that based on the appeal application filed by the appellant, the appeal defense and relevant factual evidence.”

“Lin Yong’s subjective purpose of selling pirated drugs is to help others.”

“And in this process, there are no ingredients in the pirated drugs that endanger the lives of others.”

“Pirated drugs have a certain effect on suppressing the condition of people who use them, and their effects far outweigh their harmful effects.”

　　　….”

When hearing the presiding judge's statement, Fang Qi and Zhang Yuan's hearts skipped a beat in the prosecution's seat.

 Based on the current description, it seems that Lin Yong’s judgment on whether the circumstances are serious... is to deny the result of the first instance judgment.

Fang Qi and Zhang Yuan looked at each other without saying anything, and then looked at the judgment seat.

 Listen to the presiding judge as he continues to make his decision:

“Lin Yong’s purchasing of pirated drugs on behalf of others.”

“From the perspective of endangering physical health, the circumstances are not serious.”

 “On the other side, from the sales group, sales amount and number of sales.”

“Since Lin Yong’s subjective purpose is to help others alleviate their illness, it is not a subjective purchase and sale for the purpose of profit.”

“So the court of second instance held that Lin Yong’s sale of pirated drugs was not serious enough.”

“Does the parties have any objections to the judgment made by the above court?”

 There must be no objection to this situation!

This judgment has determined that Lin Yong’s selling of pirated drugs was a relatively minor case.

After hearing the presiding judge’s question, Su Bai immediately said: “We have no objection.”

 The prosecutor has already stated his own point of view in his statement just now.

 That is, everything will be carried out in accordance with the judgment of the chief judge.

 So when faced with the presiding judge’s decision, the prosecutor immediately stated that he had no objection.

 Fang Qi and Zhang Yuan, who were on the prosecution side, wanted to express their objections.

 But how to express it?

 It requires objective facts, there are no objective facts, it requires other evidence, there is no other evidence.

  In desperation, he could only express that he had no objection.

　　咚咚!

 As the hammer fell and the chief judge spoke:

“Since the parties have no objections, it is only concluded that it is established.”

 The most troublesome issue of determining whether a plot is serious has been solved!

　　　…

Su Bai raised his head and looked at the presiding judge's seat. What happened next was much simpler.

 If it is determined that the circumstances are not serious, then the upper limit on the prison term will be locked.

 Up to three years in prison!

 Lin Yong’s sentence will also be significantly reduced.

 As for the rest of the trial...

 To be honest... there is not too much defense, just a court statement, and the verdict on Lin Yong will come out.

But having said that... Regarding the court statement, Su Bai has also prepared the content of the statement.

Now we are just waiting for the presiding judge to announce the next stage of the trial.

Su Bai raised his head and looked at the presiding judge's seat, waiting for the presiding judge to announce the next statement.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)