Chapter 267: Beautiful Sister's Pretty Lady (38)

Lin Du smiled: "I see, you don't have to worry, no matter what senior partner Lawyer Jiang and I are fighting for, no matter how high-profile case I have taken over, these cannot be reasons why I don't care about my clients and the cases I represent." ”

Xiao Lei explained: "I'm thinking about priorities, isn't your case of Liu Hongmao more important and important?" ”

Lin Du smiled gently at Xiao Lei, and she told Xiao Lei: "We can't distinguish like this, we can't say which case is more important and which case is not important." For the client, the cases he entrusted us to fight are all big things, and we need to go all out to deal with them. ”

"I understand, Sister Xia Zhen, I thought wrong." Xiao Lei is very humble and teachable.

Lin Du wasn't blaming him, either: "I also want to thank you for thinking so much about me." ”

In this way, Lin Du was dealing with two cases at the same time, and he was so busy every day that he almost didn't have time to sleep.

The notary public of Liu Hongmao's case began first.

When she really sat in that big conference room, Lin Du was very nervous, she secretly made up her mind that she must behave well today, and the things she did and said today would affect whether Liu Hongmao would spend time in prison in the future.

A respected judge was the first to speak: "I think Mr. Liu Hongmao has harmed the interests of my country's pharmaceutical companies, and at the same time, this kind of behavior of selling counterfeit drugs violates the law and should be punished." ”

"But Mr. Liu Hongmao is trying to save people, and he is protecting the right to life and health of thousands or even tens of thousands of patients, which is understandable." The police officer in charge of handling the case knew Liu Hongmao's affairs very well and sympathized with Liu Hongmao.

"The law is unforgiving." A law professor spoke again: "The law is the law, and we must abide by the law when we make the law, and we can't easily open this opening. And who will protect the interests of pharmaceutical companies? If everyone finds a way to buy cheap generic drugs from foreign countries, then the pharmaceutical company can't make money, what money does he use to develop new drugs for production? On a large scale, this is a jeopardy to the right to life and health of more people in the future. ”

"Mr. Liu Hongmao is suspected of selling counterfeit drugs, which really violates China's laws and violates China's relevant laws and regulations on drug management." Another law professor said, "We can't allow him to break the law just because he has good intentions." ”

Lin Du smiled and listened carefully to the opinions of each expert before speaking: "As Mr. Liu Hongmao's lawyer, I want to explain a point. Mr. Liu Hongmao was charged with selling counterfeit medicines, which I think is not rigorous, and Mr. Liu Hongmao's conduct does not constitute a sales practice. Mr. Liu Hongmao has long joined the patient group to communicate with patients about various drugs and the development of the disease. After he himself took the generic drug, he felt that the effect was good, so he recommended it in the group. The most important thing is that he is not an intermediary, Mr. Liu Hongmao does not make profits through generic drugs, he is completely free to purchase drugs for patients. This is definitely not a sales act. ”

Jiang Shibin tacitly continued: "The second paragraph of Article 6 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Drug Safety" stipulates that the behavior of medical institutions and their staff clearly knowing that they are counterfeit or inferior drugs and providing them to others for use for a fee, or buying or storing them for sale, shall be deemed to be 'sales' as provided for in articles 141 and 142 of the Criminal Law. ”

Lin Wei explained: "Therefore, there must be two conditions for the sale of drugs: one is the seller of the drug, and the other is paid. Mr. Liu Hongmao is not the seller of the drug, and he is not a paid agent to purchase the drug, so we believe that it does not constitute a sales act. Jiangsu Literature Network

Jiang Shibin and Lin Du glanced at each other and said: "Similarly, according to the second paragraph of Article 11 of this "Interpretation", the sale of a small amount of foreign or foreign drugs imported without approval, without causing harm to others or delaying diagnosis and treatment, and the circumstances are obviously minor and the harm is not great, is not considered a crime. ”

Lin Wei also tacitly explained: "Liu Hongmao's actions did not infringe on the rights to life and health of others. The patient who took the medicine that Liu Hongmao helped buy did not suffer any harm to his body and continued his life. Therefore, Liu Hongmao's conduct did not constitute a crime. ”

A lawyer stood up and questioned Lin Du and Jiang Shibin: "According to your statement, as long as I am not profit-seeking, as long as there is no problem with the medicine, I can casually import drugs from abroad that are not recognized by my country?" So what laws can protect the interests of pharmaceutical companies in China? In the long run, a vicious circle will be formed. That is why our laws do not allow such behavior. ”

Then came the long discussion around the law.

In the end, it hurt everyone's noisy head, and there was no result.

This time it ended first, and Lin Du and Jiang Shibin still had to start preparing for the next notary meeting.

And Lin Duan still has to prepare for Mr. Qian's case.

She ran almost non-stop for three days to get the notarization of the author who had problems with the copyright registration of the previous variety show, as well as the corroboration of third-party reports.

Director Li also knew that Lin Du was dealing with these two extremely important cases at the same time, so he came to Lin Dui: "Lawyer Xia, I will ask other lawyers in the law firm to help you deal with the copyright dispute case of Mingjue Group." I see that your preliminary preparations are almost done, let the other lawyers go to court, and you will concentrate on Liu Hongmao's case. ”

"No, it won't. Director Li, there are still some problems in this case. Lin Du refused without thinking about it, it wasn't that she was afraid that other lawyers would compete with her, but that there were really other problems with this case.

"Any questions? I see that you are almost ready, and our law firm is very experienced in copyright dispute cases. And don't worry, I will leave it to our law firm's most experienced lawyer for copyright disputes, and I will also keep an eye on it myself. You don't have to worry about not being able to explain it to Mr. Qian, I will explain to Mr. Qian in person. "Director Li is very thoughtful and has covered almost all the issues.

"I'm not worried about that, Director." Lin Du thought about it, and still told the truth: "I don't plan to sue Qiushui Film and Television Company for this case, what I want to sue is his president Du Yushan." ”

Director Li objected: "Xia Zhen, how can this kind of case be sued by a person?" ”

Lin Du explained his reasons to him: "Director, according to my investigation, Qiushui Film and Television Company was specially registered by Du Yushan in order to evade legal responsibility. The company simply doesn't have any money on its books, and even if we win, they won't be able to enforce the terms of the indemnity. ”