Chapter 347 Selling "Fake Medicine", Really Saving People!

The relevant facts of this case, Su Bai browsed it as a whole.

It is said that it is selling fake medicines....

How to put it, according to the definition of counterfeit drugs in the law.

In accordance with the Drug Administration Law, the ingredients of drugs do not meet the requirements of the state.

or the sale of related drugs that seriously do not comply with drug management regulations.

Sale of drugs that are operated without a license, etc.

These are all definitions of counterfeit medicines.

Plainly....

It is whether there is a drug that has obtained a business license.

If you get it, it is a regular sale drug, and if you don't get it, it is a prohibited fake drug.

In this case sent by Li Xuezhen, the parties involved are indeed selling "fake medicines".

Because the drugs it sells do not comply with national regulations and are not licensed and certified.

But....

Judging from the description of the whole case, this "fake drug" is not a harmful drug.

Without analyzing the specific circumstances of the case as a whole.

It can be clearly seen from the statements of the parties in the first instance.

As a patient, the person concerned introduced private drugs from abroad.

It is entirely because private drugs have a good relieving effect on the condition and are inexpensive.

Out of kindness, we make a purchase on behalf of our fellow patients.

This kind of fake medicine does not harm people, but saves people.

Su Bai checked on the Internet and had information about the drugs involved in this case.

and describe in the dossier the process of purchasing on behalf of the parties and the circumstances of the disease.

The client in the case, Lin Yong, suffers from chronic leukemia and needs to take a special drug.

The price of a single bottle of this special drug in China is as high as more than 20,000 yuan.

The price of illicit drugs is only about 2000 a bottle.

The price difference is tenfold.

But there is no significant difference in efficacy.

Genuine special drugs can suppress the deterioration of the condition, but private drugs and pirated drugs can also suppress the condition.

One bottle of medicine can only last for about a month.

In other words, if you want to suppress the condition by taking medicine, genuine special drugs cost more than 200,000 yuan a year.

The medical expenses of 200,000 yuan are simply not affordable for an ordinary family.

At the beginning, because Lin Yong was in the foreign trade business, he would sometimes import some things abroad.

After learning that there is this pirated drug abroad, I don't have much problem after taking it.

and his own patients, introduced.

The patient wanted to let him make a purchase, and Lin Yong agreed.

Major hospitals have this chronic disease cluster, and it gradually develops over time.

Many people know that Lin Yong can buy this medicine in and out of foreign countries when he does foreign trade business.

So I also found Lin Yong, who was also a patient, and wanted to ask Lin Yong to help them buy it.

As a patient, Lin Yong is also very aware of the situation of these patients.

I can't afford to take 20,000 bottles of medicine at all.

So I agreed.

But.... In the case of this large-scale spread of private drugs and the proliferation of daigou.

Sales of genuine drugs have decreased significantly, attracting the attention of local sales departments.

And an unannounced visit was conducted.

After learning that someone was selling private drugs, he immediately called the police to file a case and arrested Lin Yong, a purchasing agent.

The rest is simple.

The evidence is sufficient, the facts of the crime are clear, and the law enforcement personnel who filed the case handed it over to the prosecution department for prosecution.

In the first instance, he was sentenced to four years in prison.

That's what happened to this case, and the whole process.

After reading it, Su Bai exhaled lightly.

From the perspective of the judgment and the definition of the law, Lin Yong was indeed involved in the sale of counterfeit drugs and had a criminal act.

But on the other hand, his subjective is out of help and kindness to the patients, and he buys on behalf of others.

How to say it....

The case .... Contradictory.

In the public opinion of society, the influence is relatively large.

But.... Since this case has come to Baijun Law Firm.

This case is definitely going to be taken.

As soon as Su Bai understood the whole case, the little rabbit head continued to beat.

"Lawyer Su.... Have you read the content of the case information? ”

"Can you pick it up?"

Su Bai replied: "This case can be accepted." ”

"But where did you find this case?"

After about a minute or two, Li Xuezhen replied: "Lawyer Su...."

"Actually, I also created a short video account, whose name is Lawyer Su's little assistant Lawyer Xiao Li...."

"I often send short videos, so that everyone can pay attention to Aite if they have any good cases."

"This case is something I have seen more times in my short video account."

"Then I managed to find the client and asked if I could represent them in the second-instance case."

"After getting consent."

"Then they sent the details of the case."

There is also a short video account, whose name is Lawyer Xiao Li, a little assistant?

Su Bai searched for the account in the short video, and the profile was very clear.

One of the partners of Baijun Law Firm, lawyer Su Bai's small follower.

The number of fans has reached nearly 300,000.

Gee....

This Xiao Li is secretly developing his own business!

Su Bai smiled and didn't pay much attention to it.

But then again.

In order to take over the case, Li Xuezhen really tried all kinds of methods.

Especially in the operation of short videos, it has shown excellent talent.

How to say it....

Very good!

After Su Bai replied to Li Xuezhen that he could take the second instance of Lin Yong's appeal.

Li Xuezhen also immediately contacted Lin Yong's family.

The two parties agreed on a time to further understand the case at Baijun Law Firm.

After processing.

Li Xuezhen's face was full of smiles.

Back at the rental house, Wang Kexin saw Li Xuezhen with a smile on her face, and immediately guessed that she must have taken on another big case.

Let's be honest .... Wang Kexin and Li Xuezhen have lived for such a long time.

Both of them know each other's temperament and character, and there is also synchronization in terms of hobbies.

So....

Every time I see Li Xuezhen with a smile on her face, it is not difficult to guess why she is so happy.

"Xue Zhen.... Has you taken on another big case recently? ”

Wang Kexin shook his little pill head, leaned closer and asked.

Li Xuezhen smiled and nodded: "It's not a big case, it's a relatively influential case." ”

"That's pretty good, too!"

"Recently, you have been following Lawyer Su to take on cases one after another.... It's amazing! ”

Wang Kexin congratulated.

"What about you?" Li Xuezhen's little face was puzzled, and she turned her head to ask Wang Kexin.

"You have been following Lawyer Xu recently, how is your work?"

Wang Kexin's little pill shook slightly: "It's not bad...."

"It's just that I've been taking on some small criminal cases recently, which are not so famous and not so influential."

"But it's good to take your time...."

"Oh yes.... I've recently summarized some of my experience in the trial, would you like to take a look at it together? ”

Experience?

"Yes."

Li Xuezhen nodded.

…

The next day, Li Xuezhen came to the law firm early, preparing to meet Lin Yong's relatives, and sorted out the relevant materials in advance.

Yesterday, she and Wang Kexin chatted about the relevant trial experience, and they chatted until the second half of the night, two or three o'clock in the morning.

The more I talked, the more excited I became, and I didn't control the time well.

Although the sleep time is short, but the energy is very good.

After all.... Today I am going to make an appointment to meet with the relatives of the person concerned.

Around ten o'clock in the morning.

A woman who looked to be about thirty-four or five came to Bai Jun Law Firm.

Li Xuezhen was sure at a glance that this was Lin Yong's wife after seeing the woman.

Because the two had already agreed on a time, Li Xuezhen stepped forward to say hello.

"Hello.... Is it Ms. Zhang? ”

"That's right.... I'm Lin Yong's wife, Zhang Man, and you're lawyer Xiao Li, right? ”

"Yes, I am."

"Ms. Zhang, please here...."

"Okay."

…

Inside the office.

Su Bai sat on the sofa, Zhang Man sat on the opposite side, and Li Xuezhen sat on Su Bai's side.

Zhang Man didn't know if it was because he was a little nervous, and from time to time he brushed the hair on his forehead with his hands.

Seeing this situation, Su Bai poured Zhang Man a cup of tea.

"Ms. Zhang, drink tea."

After Zhang Man took the tea, Su Bai continued to speak:

"Regarding Lin Yong's case, we have already read the materials you have sorted out and handed over to us."

"This case.... I have already understood all the relevant situations involved. ”

"What I want to ask is, are all the circumstances described in this case file true?"

Zhang Man nodded: "Almost." ”

"But.... It's a little different. ”

"Which point?" Su Bai asked.

"It is stated in the file that Lin Yong did this to make a profit."

Zhang Man replied, and then continued to speak:

"Actually, no, Lin Yong went abroad to buy medicine, and he purchased it on behalf of him."

"The fee he charges is higher than the price of the medicine, because he buys so many drugs at once, and he has to run pharmacies everywhere, and he has to pay some other fees to foreign agents."

"The first-instance verdict said that Lin Yong bought the medicine to make a profit, but in fact, the profit mentioned in the middle did not fall into our hands at all."

"Even sometimes Lin Yong goes to buy medicine, and we need to subsidize a little."

Hearing Zhang Man's description, Su Bai nodded:

"You mean to say...."

"Lin Yong, as described in the first-instance trial file, sold drugs and made a profit."

"But these profits did not fall into your hands, but you spent them to buy medicines."

"That is, in your original intention, it is not to sell drugs for profit."

"Can I understand that?"

"It can be understood that way."

Zhang Man nodded: "My family Lin Yong has been doing purchasing agents for nearly two years, and our family has not made money from this in the past two years." ”

"It's true that I haven't made a penny."

"I also asked Lin Yong before, why don't you sell the price a little higher."

"Even if it's to earn a little hard money."

"Because sometimes, Lin Yong doesn't need to go abroad, and he doesn't need to deliberately buy medicine, but he still goes out to buy medicine for his patients."

"I always don't understand, so I want him to get some hard money."

"But Lin Yong said that those who have money go to take genuine medicines, and those who don't have money come to buy these pirated drugs, and it is difficult for these patients to buy pirated drugs."

"He can't live with his conscience to make this money...."

"Say it again."

"Although our family's economic conditions are not particularly good, we can get by, and we don't plan to use this to make money."

"Hmm...."

Faced with Zhang Man's answer, Su Bai nodded and said that he understood.

In this case, he has repeatedly read the file and understood the relevant situation.

Let's be honest ....

No matter how the conviction is made.

Judging only from the charges brought in the first instance.

The sentence against Lin Yong was too harsh.

This was Su Bai's first thought.

Because judging from the relevant provisions of the Criminal Law, as long as counterfeit drugs are sold, it will not affect the health of the person who buys counterfeit drugs.

Then you will only be sentenced to up to three years in prison.

Lin Yong was sentenced to four years in prison, apparently excessive.

However, this point is also specified in the judgment of the first instance.

But Su Bai didn't agree with this specific performance.

At present, according to the first-instance file and Zhang Man's oral statement.

Zhang Man's dictation and the relevant judgments in the first-instance trial file were corroborated one by one, and there was basically no major discrepancy.

In this case, Zhang Man has also signed a family entrustment agreement.

So....

The rest is much simpler.

Search for strong evidence for defense and appeal to the second instance!

…

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