Chapter 818: Little Hope

Now the question is what to do with Xiao Zhi, Xiao Zhi is no longer small, he has his own ideas, and he has deep feelings for his biological mother, whether he can fully accept Yunmei, it's hard to say.

"Look, I'll tell you to let Xiaozhi follow me to go to school abroad, you are reluctant. He has lived abroad for a few years, and when he returns from his studies, you and Yunmei have already become a boat, and I believe that time can change a person. Li Shuming took a few napkins from the carton on the table, wiped his big grease mouth, and said.

"What you said is unrealistic, Xiao Zhi is reluctant to leave, he has his own ambitions. Besides, I also want Yun Meiduo to come into contact with him and slowly blend in......" Fang Yi rubbed his face vigorously and said.

"Let me ask you, what does Yunmei think?" Li Shuming asked.

"That's the advice she gave me, so during this time she was trying to find a way to contact Xiaozhi.

Can you believe that a woman who has never played games, for the sake of Xiaozhi, actually went to learn to eat chicken, and took her mobile phone to team up with Xiaozhi to eat chicken whenever she was free. Fang Yi looked at Li Shuming.

Li Shuming didn't speak, he reached out and patted Fang Yi's shoulder: "Dude, it's not me talking about you, what else do you have to say about such a woman, if the two of you are combined, she will definitely not be wrong with Xiaozhi in the future." ”

"Well, I thought so too. Last night, she was still persuading me not to tell my child too early, for fear of affecting his learning. Fang Yi asked.

"There is a saying that life is to come, to meet, to accompany, to leave. As far as the big proposition of 'life' is concerned, a little setback between you is not a bad thing, take your time, but in the end you must give someone a name, only in this way can you be honest and accompany you for a lifetime. Li Shuming said seriously.

"Hmm. That's for sure. Fang Yi also felt a little sorry for Yunmei in his heart.

"That's right, let's talk about it first, looking for the feeling of middle-aged people in love. Don't tell Xiao Zhi yet, wait for Yunmei's relationship with him to be harmonious and then reveal it to him, this kind of thing can only be outwitted and not forced.

If you can't open your mouth, I'll talk to Xiao Zhi. After Li Shuming finished speaking, he shouted at the food stall boss in the distance: "Boss, two more big waists and two cups of draft beer." ”

"What are you going to do with so many kidneys? Beware of nosebleeds at night. Fang Yi was stunned.

"This buddy ordered it for you, you were so tired last night that you couldn't make up for it! Haha......" Li Shuming laughed.

Fang Yi was speechless for a while, and silently accepted his old friend's arrangement.

……

Soon, Tao Ji's second-instance trial for the crime of illegally practicing medicine began. When Fang Yi expressed his defense opinions in the second trial, the corners of his mouth foamed at the mouth, which can be regarded as a desperate death. The procuratorate still adhered to the opinion of the first-instance trial, holding that Tao Ji's behavior constituted the crime of illegal medical practice, and the first-instance judgment was correct.

After deliberation, the collegial panel of the second instance announced the verdict in court.

The Intermediate People's Court, which was in charge of the second instance, held that the appellant, Tao Ji, had illegally practiced medicine without obtaining medical practice qualifications, and had caused the death of others, and his conduct constituted the crime of illegal medical practice.

With regard to the appellant Tao Ji's grounds of appeal that his conduct did not constitute a crime, upon investigation, it was found that although the appellant Tao Ji had been working as a physician for more than 30 years, obtained a doctor's qualification certificate, and worked in the People's Hospital before his retirement, from his retirement to the date of the incident, the appellant Tao Ji practiced medicine without obtaining a "medical institution practice license", which was an illegal practice of medicine, so his grounds for appeal were not accepted.

The trial procedures of the original trial were lawful, the conviction was accurate, and the civil compensation judgment was reasonable. The application of Article 336 of the Criminal Law in the original judgment was not improper.

However, considering that the appellant Tao Ji injected the victim with penicillin injections, which did not violate the medical operation procedures, and that the victim died due to penicillin injection allergy, and that his death had certain particularities, and comprehensively considering the specific circumstances of this case and the harm to society, Tao Ji could be sentenced to a penalty below the statutory penalty, and the original trial court sentenced the appellant Tao Ji to 10 years imprisonment, which was an excessive sentence.

Accordingly, in accordance with Article 189, Paragraph 2 of the Criminal Procedure Law and Article 336, Paragraph 1 and Article 63, Paragraph 2 of the Criminal Law of the People's Republic of China, the judgment is as follows:

1. The conviction of appellant Tao Ji in Criminal Judgment No. 105 of the trial court is upheld.

2. Revoke the sentencing portion of the original trial court's Criminal Judgment No. 105 against appellant Tao Ji.

3. Appellant Tao was sentenced to two years' imprisonment, suspended for three years, and fined 1,000 yuan.

The court of second instance still held that Tao Ji had committed the crime of illegally practicing medicine, but sentenced him to a suspended sentence. Although the sentence was changed from 10 years in prison to probation, Mr. Tao did not have to be imprisoned, but he still refused to accept it.

Mi Jiahong and Tao Xuehong felt that although the verdict was not as good as expected, as a final judgment, it was not completely unacceptable, after all, the old man came out and did not need to be in prison.

That night, although Tao Ji, who was taken home, lost weight again, he was in good spirits, so he invited Fang Yi to his home for a long chat.

"Lawyer Fang, although the verdict was changed in the second instance, to be honest, I always think that I am innocent. Can I apply for a retrial? Tao Ji said without giving up.

Fang Yi knew that Old Man Tao was fighting for a breath, and if he didn't untie the knot in his heart, he would have to fall ill sooner or later. But this knot is really not so easy to solve.

"Your case has been decided, and it is a final judgment, and you can apply for a retrial. But it's not like you're without a chance right now. Fang Yi thought for a moment and said.

"What chance?" Tao Xuehong on the side interjected.

The court of second instance found that the old man had committed the crime of illegally practicing medicine, but sentenced the old man to a suspended sentence below the statutory sentence. According to the law, this situation needs to be reported to the Provincial High Court and the Supreme People's Court for approval in accordance with the procedures.

When the Supreme People's Court approves the application, the court of second instance shall submit the judgment, as well as all case files, evidence, and other materials. If the Supreme People's Court reads the defense statement and can adopt the lawyer's defense opinion, then the case has a chance to be overturned, otherwise, it will ...... There is little hope for a retrial. Fang Yi said with a serious expression.

"During the approval period of the Supreme Court, is there a good chance that the verdict will be reversed?" Tao Xuehong asked.

"Truth be told, it's not a big odd, it's all a matter of luck." Fang Yi replied: "We can only wait, we are more passive. ”

Fang Yi's words made the glimmer of hope that had just risen in the room disappear in an instant.

Tao Ji's case was sentenced to a term below the statutory penalty, and although it needed to be reported to the Supreme People's Court for approval, the lawyer could not do anything in the process, and this approval process was not like the death penalty review procedure.

In the death penalty review procedure, the lawyer may submit defense opinions and request that the case be communicated with the judge of the Supreme People's Court for review. But in this case, the lawyer and the defendant can only wait.

(End of chapter)