Chapter 349 Classic Moment, Witness Appears in Court!

On the presiding judge's seat, Duan Qingshui sorted out the content of Su Bai's statement just now.

Su Bai's statement just now was very clear.

It is a request to overturn part of the judgment in the first-instance judgment.

to realize the idea of a mitigating sentence for Lin Yong.

Duan Qingshui nodded slightly after listening to Su Bai's statement.

These are all new pieces of evidence put forward by Su Bai, and he has already seen them all after the High Court accepted them.

I also agree with some aspects.

But.... Specifically, whether the first-instance judgment is upheld.

It is still necessary for the prosecution and the prosecution to be able to put forward different points of view to refute it.

Duan Qingshui looked at the prosecution and the accuser.

In this trial, the prosecution is the party that examines and hears the relevant evidence in this case.

Statements made at court are relatively objective.

The prosecutor began to state: "There are facts and evidence about Lin Yong's crime. ”

"The prosecution believes that the facts of the crime are sufficient, and the objective evidence has formed a complete chain of evidence."

"It is an established fact that the crime of smuggling and the sale of counterfeit drugs constitute the crime of trafficking in counterfeit drugs."

"For the above, the prosecution believes that the first-instance verdict is reasonable and in line with the corresponding scenario."

"It is believed that the original judgment of the first instance should be upheld."

Similarly, after the prosecutor expressed his opinion, the legal attorneys Fang Qi and Zhang Yuan of the prosecution's seat entrusted the legal affairs of the genuine Grepharma.

It also expressed the desire for the second instance to uphold the original verdict of the first instance.

However, the opinion expressed by the lawyer entrusted by the legal affairs of the genuine drug is that Lin Yong infringed on the sales of the genuine drug as a starting point.

"Presiding Judge...."

"We do not agree with the appellant's application for appeal."

"First of all, we believe that the judgment of the first instance is reasonable, and in the whole process of the case, Lin Yong did commit the crime of smuggling and selling counterfeit drugs."

"Selling counterfeit medicines, pirated medicines."

"It's a serious violation of our rights."

"We ask the court to be able to judge Lin Yong's crime from the perspective of protecting the rights of the genuine version."

The statements of the parties are now very clear.

As the appellant, Su Bai hopes that the sentence will be reduced.

The prosecution and the accuser, who are the lawyers entrusted by Gelie Genuine Medicine, hope to uphold the first-instance verdict.

The three parties at the trial have all made their positions clear.

Regarding the above situation, Duan Qingshui, as the presiding judge, also clarified the overall situation.

Then he continued: "What the appellant has just stated is that the first-instance judgment is unreasonable. ”

"And it is believed that there was an error in the judgment of the first instance."

"Can you elaborate on this with specific circumstances and evidence?"

"Yes, presiding judge."

Su Bai nodded:

"First of all, in the judgment of the first instance, it was determined that we were selling counterfeit drugs for profit, which we did not agree with."

"Subjectively speaking, the main purpose of our purchasing sales is to help patients."

"It's not about selling for profit."

"According to the evidence we provide, it can be clearly shown that we are not using the profits on our own in the sale of drugs."

"In other words, in terms of results, there is no profit-making."

"Since there is no profit-making in the results, it is not enough to show that we are deliberately selling pirated drugs for profit."

"Therefore, this relevant judgment in the first instance is not valid."

When Su Bai was making a statement, Fang Qi of the accuser interrupted.

Raise your hand.

"Presiding Judge, in this regard, we say that the statement of the lawyer entrusted by the appellant is biased."

"The full facts are not stated."

Duan Qingshui: "The lawyer entrusted by the prosecution thinks that there are objections, so can you specifically tell us about the partiality of the lawyer entrusted by the appellant?" ”

"Presiding judge, with regard to the appellant's lawyer's statement, it is determined from the results, and there is no profit-making situation."

"However, according to the evidence provided by the lawyer entrusted by the appellant, it only shows from the approximate income and expenditure bank flow that Lin Yong's family did not make large-scale profits from the sale of counterfeit drugs."

"Specifically?"

"The specific relevant flows in the past two years and the use of foreign currencies for consumption abroad are not reflected in the evidence."

"So is the benefit consumed abroad?"

"Our suspicions are very reasonable on this point."

"One more point."

"The appellant's description just now is also very clear, and there is no profit-making situation in terms of results."

"But in fact?"

"In fact, Lin Yong only needs to spend 1,500 to 1,800 to buy a bottle of pirated medicine when he buys pirated drugs from abroad."

"But for 2,000 yuan, he sold it to his patients."

"In the process, the difference in the middle ranges from 200 yuan to 500 yuan."

"This difference is the vested profit gained."

"It is very unobjective and irrational to look at whether there is profit or not from the perspective of profit and facts."

"Therefore, from this point of view, we believe that the lawyer entrusted by the appellant did not express the complete facts and opinions, but only summarized the situation of this case from the perspective of the appellant."

"This is not in accordance with the law and the definition of the law."

"Presiding Judge, the above is my opinion on the appellant's statement."

Regarding Fang Qi's statement and rebuttal, Su Bai remained silent.

To put it bluntly, Fang Qi's statement just now is a problem.

You say that you are not making a profit, so what are you spending on foreign consumption?

If you prove that you are not making a profit from the bank statement, is your consumption abroad used for profit?

There is so much price difference for a bottle of medicine, where does the price difference go?

Therefore, there is a certain amount of truth in the defenses of both sides.

As for whether there is profit, it is from the result or from the above.

This is doubtful.

Judging from the facts and evidence of the results, it is true that there is no profit-making.

However, in terms of process, there is room for profit, and there is a dispute over whether the money belongs to Lin Yong's personal consumption or is spent for patients.

Su Bai knew that the profit from the price difference was definitely not Lin Yong's personal consumption.

But on the other side....

Su Bai believes it, so is it equivalent to the law to believe it?

It's not the same.

Because in the final analysis, the law still needs to talk about evidence.

Regarding profits, Su Bai asked Lin Yong before.

Lin Yong's answer was that he had exchanged the price difference in foreign currency to local dealers.

Have your local distributor reserve this pirated drug.

Or because of other reasons, such as smuggling and transportation, etc., it is consumed.

However, there is no evidence to prove this.

But....

Regarding the profit generated by the process, Lin Yong could not give direct evidence.

However, from the evidence of the results, it can be proved that Lin Yong did not make profits.

Therefore, there is a vague possibility in the judgment result.

Again, what this case is about is whether there is subjective profiteering.

There is no need for much direct evidence to prove that Lin Yong did not make a profit.

As long as the subjective purpose is discussed, there is no profit-making in the outcome.

Then the relevant judgment of the first instance will naturally be dismissed.

On the judgment table, Duan Qingshui was listening to Su Bai and Fang Qi's defenses.

"The collegial panel has heard the arguments of the lawyer appointed by the appellant and the lawyer appointed by the accuser. ”

"Regarding whether Lin Yong made a profit, both parties have gone through detailed explanations and relevant evidence as supplements."

"So based on whether there is profit or not, is there anything else that the two sides need to add?"

"For example, it is said that there are other circumstances such as whether there is any intention to add its subjectivity."

"Presiding Judge, we have something we want to add."

Su Bai raised his hand to signal.

"Please add."

After getting the consent of the presiding judge, Su Bai continued to speak:

"As for the profit from pirated drugs, this can be confirmed by the confession of our party, which has been given to distributors and used for smuggling costs."

"The prosecution is justified in suspecting that we are spending our profits abroad."

"But I would like to ask the accuser, if we subjectively want to make a profit, then why is it that according to the bank's expenses, we do not generate revenue from the sale of pirated drugs?"

In this regard, Fang Qi said: "We have made it very clear just now, from the point of view of the result, there is no profit, but in the process, we have made a profit. ”

Su Bai continued to ask: "But the first instance judgment was for the purpose of intentional profit. ”

"If the purpose of our party is to make a profit intentionally, then why does the evidence show that there is no profit, and what we want to ask is how to determine this intentionality."

Fang Qi retorted: "The fact that there is no profit in the result does not mean that it is not subjectively for profit. ”

"It's like doing business, some people make money in business, and some people lose money in business."

"In this case, can it be said that some people don't want to make money when they lose money in business?"

"It's not that they don't want to make money, it's that they don't have the ability to make it."

"Judging from the results, the fact that there is no profit-making does not mean that it is subjectively not deliberately profit-making."

"Therefore, we believe that there are loopholes in the appellant's lawyer's defense."

"Application rejection."

Fang Qi looked up in Su Bai's direction after finishing his statement.

After listening to Fang Qi's statement, Su Bai did not immediately refute it.

Based on the current plea, some of Fang Qi's arguments are valid.

If you only argue from the available plea evidence and opinions.

It is a relatively vague state to determine that Lin Yong does not have the purpose of subjective profit.

But.... How to say, for this, other evidence can be submitted.

Su Bai raised his hand and spoke after getting the consent of the presiding judge:

"Presiding judge, I would like to present some evidence and invite witnesses to speak."

The gavel fell, and the application was approved.

Su Bai handed over the evidence to the staff, after the staff handed over the evidence to the presiding judge.

Su Bai spoke again: "Presiding Judge, the above is the signature of a message submitted by our side about Lin Yong's patient who sells medicines. ”

"The description above is very clear, everyone wrote their opinions on Lin Yong's sale of medicines."

"There are good and bad ones...."

"But they all admit one thing, that is, Lin Yong did really help them."

"Even, at some point, those patients can't even afford to eat 2,000 yuan of pirated drugs, and Lin Yong will take the initiative to lower the price."

"Some are even lower than the purchase price."

"If a person is for profit, why should he do it?"

"What kind of profit is it to deduct the smuggling expenses and sell it at a low price to make a profit?"

"According to the lawyer entrusted by the prosecution, some people make a profit in doing business, and some people lose money in doing business."

"However, did the prosecution entrust a lawyer to ignore the most important point?"

"As a basic foreign trade officer, if you want to make a profit by smuggling drugs, it should be easy to do, right?"

"Lin Yong only needs to raise the price of the drug to 3,000 yuan, and he can do it."

"And it's still much lower than the price of genuine drugs."

"If the buyer wants to maintain his condition, he must pay for the 3,000 yuan."

"So why didn't Lin Yong do it? What is the reason for not doing it?

Raising the drug to 3,000 yuan will affect sales or will patients not buy it?

Or is it difficult to raise the drug to 3,000 yuan? ”

"Neither!"

"Raising the medicine to 3,000 yuan, this is a very simple thing, why doesn't Lin Yong do it?"

"The reason he didn't do it was because he didn't want to make a profit, he wanted to help others."

"That's what he's starting from."

"Otherwise, how can a salesperson with a huge monopoly and profit-making not make a profit in terms of results?"

"Judging from the jurisprudence scenario, is this possible?"

"Totally impossible!"

"So from this point of view, whether it is from Lin Yong's personal confession or from objective factual evidence, it can be seen that Lin Yong is not subjective for profit."

"The above evidence was submitted by the patient on his own initiative when he learned that Lin Yong wanted to apply for the second trial."

"We also invited several patients as witnesses to state some things about Lin Yong in the past two years."

"I also ask the presiding judge to give permission for our witnesses to speak."

After Su Bai finished his statement, he looked up at the presiding judge's seat.

Applicants for witnesses to make statements.

…

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