On January 13, 2012, Wenxing District held a public hearing on the case, inviting local representatives of Renda, members of the Zhengxi Association, people's supervisors, lawyer representatives and Cheng Yong himself to participate in the case, and prepared to listen to the opinions of all parties.

Prior to this, procuratorates at all levels had searched for a large number of laws, regulations, and related cases.

The Municipal People's Court convened a meeting of legal experts and law professors who served as special procurators to conduct arguments.

Today, a public hearing was held in order to listen to the opinions of people from all walks of life.

Of course, Zhang Wei and the medical representative were also in this meeting.

Once everyone was seated, the meeting began quickly.

First of all, the chief prosecutor spoke: "This case is very special, and it has also attracted the attention of people from all walks of life, and the above also attaches great importance to it, and we are also handling this case with a cautious attitude."

In particular, more than 1,000 leukemia patients jointly wrote a letter to us, and Cheng Yong's lawyer also wrote a statement to our procuratorate.

When we heard this, we were touched by the fact that this case was not like an ordinary criminal case.

Because this case is still different from other criminal cases in terms of the subjective malice and harmful consequences of the crime.

Although we did not read all these letters from leukemia patients, our prosecutor interviewed a large number of leukemia patients.

They bought generic drugs from India through Cheng Yong and were witnesses in the case.

At that time, we went door-to-door to find those leukemia patients to understand the case, and verified Cheng Yong's situation bit by bit, and did a lot of work.

They were all willing to testify to Cheng Yong, saying that Cheng Yong's behavior was a good deed, and begged us to deal with it leniently.

They confirmed that the drugs purchased by Cheng Yong were curative, and they also confirmed that Cheng Yong's motive was not for profit, and they also confirmed that Cheng Yong did not make profits in the whole process of purchasing drugs.

This is what we have found so far, and I would now like to give the floor to the representatives of the parties to share their respective views. ”

First of all, the representative of Renda said: "First of all, Cheng Yong's criminal behavior is not only for himself, but also for other leukemia patients, which is excusable and should be dealt with lightly.

But as mentioned above, the people-oriented development concept is our core ideology, and it is also the guiding ideology of our political and legal work!

I believe that the principle of our judiciary is to put people first and protect human rights.

Therefore, I think that although Cheng Yong's behavior violated the law, it still needs to be dealt with lightly.

As the chief prosecutor just said, this case is different from other criminal cases, and Cheng Yong's subjective malice is not strong, so I support lenient handling, or even non-prosecution. ”

"Okay, do you have anything to say about Commissioner Wang?"

"Yes. Committee member Wang nodded and said: "Although as mentioned above, his subjective malice is not strong, but as the saying goes, the law does not tolerate mercy, the work of the law is rigorous, and we cannot mix too many emotions into it."

If you blindly bring your emotions into the law, it may make the subsequent cases more difficult.

Therefore, I support the handling of this case in accordance with the law, but considering the particularity of his behavior, I also support lenient handling. ”

"Good. The Attorney General nodded when he heard this, "Does anyone else have any other opinions?"

At this time, an old man raised his hand: "Let me say a few words."

Just like the representative of the University just said, the biggest concept of our country is people-oriented.

Among the personal rights and interests of citizens, what is the greatest right?

Judging from the Cheng Yong case, the purpose of our case is to embody the "protection of human rights", especially the protection of people's right to life and health.

I think Cheng Yong's behavior is a bit similar to emergency evasion, in order to save the lives of thousands of leukemia patients who cannot afford expensive drugs, he had to violate China's drug management regulations and financial management regulations, and carried out illegal acts.

Cheng Yong protects the greatest right of citizens: the "right to life and health", and protects the greater interests by harming a small part of the interests, so I think Cheng Yong should not be held legally responsible.

If Cheng Yong is not prosecuted, I think it is completely in line with the fundamental values of China's judiciary of "putting people first and protecting human rights".

That is why I support a non-prosecution of him. ”

"No, old gentleman, according to you, the interests of our small group deserve to be sacrificed?"

When the medical representative heard this, he immediately became anxious: What you said is a bit wrong, isn't it? Isn't the interest of a small number of us interests?

The old man shook his head and said, "I didn't say that, I just think that his behavior does not meet the standard of prosecution." It's just a matter of facts. ”

Hearing this, the chief prosecutor nodded and said, "We have studied and discussed this case several times. The Modu Procuratorate also inquired into the case, listened to several reports, and sent people to our hospital for guidance.

There was indeed controversy when discussing this case at that time, and the most controversial question was whether Cheng Yong's actions were criminal.

Some believe that judging from the provisions of the law, Cheng Yong's conduct constitutes a crime, while others believe that although Cheng Yong's conduct was illegal, the circumstances of the crime were minor and did not meet the standard of a crime.

After repeated discussions at all levels and listening to the opinions of legal experts and legal scholars, the court analyzed the background, motive and purpose of the case.

We believe that Cheng Yong's purchase of Indian drugs is not for profit, but to help others, and his behavior cannot be regarded as sales.

We believe that because the characteristics of sales are buying and selling, it is a kind of interest relationship, and Lu Yong's purchasing of drugs is not for his own profit.

Do you have any problems with our explanation?"

"Nope. ”

"No problem. ”

"Reasonable. ”

Everyone nodded their heads, because there was nothing wrong with what the prosecutor general said.

"Wait a minute. Just as everyone nodded yes and agreed with the prosecutor general, the medical representative suddenly spoke.

"What you said just now is based on the fact that Cheng Yong didn't make a profit!

The chief prosecutor frowned when he heard this: "Some of the information you reported to us before, we couldn't find evidence after we verified it.

Zhang Changlin, who was arrested earlier, admitted that he had been selling generic drugs from India all along, and even the patients we interviewed around had this answer.

You can't attack Cheng Yong just because he had import and export business in India before, right?!"

When the medical representative heard this, he smiled slightly, and looked confident: "I have invited a few witnesses today, and I would like to ask you to listen to what they said." ”

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