As a Lawyer, You Sent the Judge In?
Chapter 433: The classic statement is completed, waiting for the penalty result!
Chapter 433 The classic statement is completed, waiting for the penalty result!
In fact.
This case regarding Li Dong’s commutation of sentence is relatively simple.
The reason why I say this is because in this case, there is no need to prove any major fault on the part of the hospital.
It only needs to prove Li Dong’s subjectivity.
At the appellant's seat, Su Bai heard that the presiding judge made such a simple verdict on Li Dong's provocation.
It can be seen that the presiding judge of the second instance also disagreed with the determination of the sentence of the first instance in this case.
Su Bai was not sure what the appropriate sentence should be for Li Dong's sentence from the presiding judge of the second instance this time.
But he knew that he would not be sentenced to more than three years in prison.
The provocation of quarrels and troubles has been judged to be over.
In this case, Li Dong’s sentence will also be slightly reduced.
…
“At the moment, there is basically nothing to say, until the presiding judge sorts out the case.”
“That’s it!”
Su Bai thought silently in his heart.
According to his estimation, regardless of the verdict of this trial, Li Dong will be sentenced to many years in prison.
There is a high probability that he will only be sentenced to a suspended sentence.
For Li Dong, probation only leaves a criminal record.
You can carry out activities freely and you can also take care of Xiao Chunmei.
From this point of view, it is a relatively good result for Li Dong.
.
….
At the judgment seat.
As the presiding judge, Wei Guoming turned to look at the hospital seat:
“Does the hospital have anything to say about the appellant’s statement?”
At the hospital seat, Zhou Wei fell into deep thought after hearing the presiding judge's question.
In Su Bai’s statement just now, he has basically stated the general situation of the hospital.
And there is factual evidence, which is impossible to refute at this point.
Let’s talk about Lin Wenjie.
Did Lin Wenjie deliberately get the share?
Based on the current performance and the statements of the attorney appointed by the appellant, this is certainly true.
But can this be admitted?
This point must not be admitted.
So in this regard, Zhou Wei made a certain statement:
“Presiding Judge.”
“We have something to say.”
“We believe that the situation stated by the lawyer entrusted by the appellant was based on legal scenarios, but he did not use objective factual evidence.”
“There is no objective factual evidence, which means that this matter may not exist.”
“Here, we request that the submissions made by the lawyer appointed by the appellant be dismissed.”
Su Bai did not react too much when he heard that Zhou Wei asked the presiding judge to reject his statement because there was no objective factual evidence.
Because what he just stated was very clear.
In this case, he was defending Li Dong’s sentence reduction, not proving Lin Wenjie’s guilt!
Does he need to provide some factual evidence?
unnecessary!
So...the presiding judge will definitely reject Zhou Wei's statement.
In fact, just as Su Bai expected, after Zhou Wei made his statement.
The presiding judge struck the hammer.
Rejected Zhou Wei's statement and stated the reasons:
“The lawyer entrusted by the appellant has just stated very clearly that this case is discussed based on legal scenarios.”
“We have not accused the hospital or Lin Wenjie of being at fault or committing any crime, so there is no need to provide any factual proof.”
“Does the hospital lawyer know anything about this?”
After hearing the presiding judge's question, Zhou Wei's face became a little ugly, but he did not make any unnecessary rebuttal.
nodded: “Understood.”
“Then are there any objections?”
Zhou Wei: “No objection.”
"There is no objection. Let the parties begin their court presentations."
The gavel struck.
Wei Guoming asked the prosecutor to start making court statements.
From Wei Guoming’s perspective, there was actually nothing else to say in this trial.
He has basically understood everything that needs to be understood.
Already have a general tendency in my heart.
Continuing the defense will probably involve repeated discussions on those issues.
Repeated discussions cannot produce any results, so there is no need for discussion.
Let’s proceed directly to the last court statement.
The prosecution's court statement was relatively concise.
The content of the statement is still an objective statement of Li Dong’s criminal facts.
And the recommended sentence that upheld the first instance verdict was retained.
Other than that, there is basically no other statement content.
In this case, the prosecutor only fulfilled the responsibilities of a prosecutor and did not make much statement in other aspects.
After its statement has been completed.
As the presiding judge, Wei Guoming continued to require the hospital to make legal representations.
When he heard the presiding judge asking the hospital to make a court statement, Zhou Wei took a deep breath.
The presiding judge just rejected his request.
This already illustrates the attitude of the presiding judge.
He was not actually concerned about Li Dong's sentence.
Because even if Li Dong is sentenced to three or five years, or even found not guilty, it has nothing to do with the hospital.
What is it related to the hospital?
The only thing that has anything to do with the hospital is whether this public case will have a huge impact on the hospital!
This is the most critical point!
Hence, the court presentation this time also focused on eliminating the impact of this case on the hospital.
Thinking of this, Zhou Wei began to make a court statement:
“Presiding judge, our court statement is as follows.”
“In this case, we are the injured party, that is, the party who was defrauded.”
“We believe that Li Dong has caused huge losses and impact on us.” “This includes direct economic losses and indirect reputational losses.”
“Of course, we have a certain understanding of Li Dong’s current situation.”
“Li Dong’s family is indeed in difficulty.”
“Our hospital has deep sympathy for Li Dong’s family conditions and the situation his wife has encountered.”
“But difficulty does not mean doing something illegal and criminal.”
“So from this point of view, whether Li Dong’s subjective intention is serious or light does not affect the conclusive fact of his crime.”
“Please ask the presiding judge to consider the situation of the hospital and make a judgment based on this point.”
….”
Zhou Wei’s statement is relatively concise, but highlights one key point.
—In this case, Li Dong’s criminal facts are clear, and it is a normal legal way for the hospital to ask for medical expenses.
There is no fault.
It is necessary to point all the contradictions at Li Dong, and then clarify the responsibility and adverse effects of the hospital.
Let all contradictions point to Li Dong, and all the voices on the Internet point to Li Dong.
Then the hospital can completely avoid criticism from public opinion.
From Zhou Wei’s perspective, there is no problem with this method.
But in fact, what do the public and the media see?
Let’s see which one is the most fundamental reason!
For example, in this case, Li Dong broke the law and committed a crime, but what was the reason?
It’s because of poverty, because there is no money to buy medicine!
If he steals because he is lazy, does not work hard, and has no money to buy medicine, he will be criticized morally.
But is he lazy? Is it because he doesn't work hard enough? !
no!
No matter how hard he tries, he can't catch up, and he can't afford the high drug prices and imported drugs!
From the other side, if Lin Wenjie hadn’t insisted on using imported medicine prices for Xiao Chunmei, she would have died.
So will Li Dong commit illegal and criminal acts because he cannot afford medicine?
Similarly not!
So from these points, the focus of the media and the public is to consider the issue from Li Dong’s standpoint.
Instead of considering the problem from the perspective of the hospital.
Who is the vulnerable group and who is the injured party in this case.
The people’s eyes are sharp and they can see clearly!
In the live broadcast of the public trial, most people also criticized the hospital's statements.
?)
“What did the hospital’s lawyer say that caused huge losses to the hospital?”
“I don’t understand!”
“If Lin Wenjie from the hospital hadn’t prescribed exorbitantly expensive medicine to Li Dong, how could this happen?”
“Can’t Li Dong afford 1,000 yuan a month? The payment of 168,100 yuan, calculated as 15,000 yuan a year, can be paid for about 11 years!”
“In the final analysis, the root cause is the reason for prescribing sky-high price medicines!”
“I don’t believe a word that the hospital can understand Li Dong!”
“Yes, is this nonsense? No matter how you look at this case, the hospital was at fault at the beginning.
Lin Wenjie should also be held accountable. This statement feels a bit ridiculous! "
“You don’t understand this. It’s obvious that the hospital wants to get rid of its own problems, but it didn’t occur to netizens that they wouldn’t buy it!”
“Hahaha, it seems that the lawyers at this hospital don’t quite understand the issues considered by the people at the bottom!”
“I feel a bit...the hospital’s statement is too far-fetched!”
“+1+1, the hospital made a mistake. It’s enough to admit it and make corrections. It still insists on being tough here and not admitting its mistakes.”
“Everyone will go to the mini program to express their opinions when the time comes!”
“Haha, yes, yes!”
….”
On the other side, in the court hearing room, at the signal of the presiding judge, Su Bai also began to make a court statement.
Su Bai's statutory statement this time was based on the defense of commutation.
After sorting out the information in front of him, Su Bai slowly spoke:
“Presiding Judge.”
“For this case, we have stated the criminal facts many times, plead guilty and accept punishment!”
“No matter what the verdict is, we agree with it.”
“Similarly, we also have something we want to express.”
“Li Dong, 1.69 meters tall, 34 years old, does manual labor.”
“The monthly income is less than 10,000 yuan per month.”
“When using a fake official seal, I always use a fake official seal to pay for medical expenses only when I have no choice but to pay the medical expenses.”
“As for the medicines Lin Wenjie prescribed to Xiao Chunmei, Li Dong’s wife, the average monthly medication cost is about 12,000, and including others, the total is about 15,000.”
“Here, we don’t want to go into too much detail about Lin Wenjie’s prescribing of high-priced medicines.”
“But we would like to state that based on Li Dong’s income and labor, he really cannot afford such high medical expenses.”
“The two of them formed a family, and Xiao Chunmei had no source of income, and she also had children who were in school.”
“Family expenses are also very high.”
"The law is ruthless. If Li Dong is sentenced to a serious sentence, his family will lose a major source of income and cause the family to be broken up."
“In Li Dong’s entire criminal behavior, he did not subjectively infringe on the personal rights of others.”
“In other words, there is no subjective behavior of harming others.”
“So from this point of view, Li Dong’s crime has a reason that is acceptable to the public.”
“Based on this...I hope the presiding judge will take the above into consideration when determining the sentence.”
"Judging Li Dong."
Generally speaking, the presiding judge needs to consider many aspects when making a judgment against a criminal.
It also needs to be approached from multiple angles.
Motive of crime, reason for crime, degree of crime harm.
These are the situations that need to be taken into account.
Li Dong’s fraud is excusable.
This does not mean that there is no crime, nor does it mean that his criminal behavior can be forgiven.
But there is a reliable reason.
And it did not cause significant social harm, nor did it cause any property or economic losses to other individuals.
And in terms of fraud, loopholes are also used.
From this point of view, the sentence can be reduced to a certain extent.
The statement is completed.
Su Bai raised his head and looked at the court seat. Now the court defense session has been completed.
Just wait for the presiding judge to make the final judgment! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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