Chapter 352 Judgment Serious Circumstances? How to judge? That's saving people!

The conviction is less serious, and he is sentenced to fixed-term imprisonment of not more than three years.

The judgment is more serious, and the sentence is not less than three years and not more than 10 years imprisonment.

The plot is lighter and the plot is heavier, and there is only one word difference, but the difference between the two is huge.

The difference between the upper and lower limits of the two can even be as high as several years!

For example, in the first trial, Lin Yong was sentenced to four years in prison.

Why can he be sentenced to four years in prison?

The main reason is that the circumstances are considered to be more serious.

This is also one of the reasons why Su Bai will regard this judgment as more important.

Because it's about the bottom line of the sentence!

If the sentence is heavier, then at least three years in prison!

It doesn't mean to reduce the sentence at all!

So can you ignore this judgment?

Definitely not.

…

After Su Bai finished speaking, Duan Qingshui, as the presiding judge, sorted out the relevant litigation materials.

Then he turned his head to look at the prosecutor's seat and the prosecution's seat.

"What do the prosecutors and the accuser's attorneys think about this decision?"

"Ask the prosecutor to make a statement first."

Facing the presiding judge's opening, the prosecutor nodded: "Okay, presiding judge." ”

In this case, the prosecutor has always maintained an objective and rational attitude.

Just like just now, the prosecutor has no objection to whether Lin Yong subjectively and deliberately made profits.

Because he thinks that judging that Lin Yong has no subjective profit-making is not a big problem in itself.

So I didn't make any other points.

However, the prosecutor had certain objections to the plot issues raised by Su Bai, and objectively pointed out the problems.

"Presiding Judge...."

"With regard to the determination of the seriousness of the circumstances, the prosecution believes that the matter should not be considered only in terms of whether there has been physical harm to a large number of special groups."

"This point of view, put forward by the appellant's lawyer, is only part of it."

"Regarding this case, the prosecution believes that there are different angles."

"Whether there is physical harm to the purchaser to determine whether the circumstances are serious is one thing."

"On the other hand, it's about the size of the buying group."

"In this case, Lin Yong has been selling and purchasing agents for two years, and according to the survey, the number of people is as high as 2,000."

"The spread is very wide, and the number of sales is very large, and the sales amount is very high."

"From this aspect, the prosecution believes that a certain number of aggravating circumstances can be reached."

"That's what the prosecution thinks."

This time, the prosecutor's statement was very objective.

did not take partiality in this accusation from the subjective or emotional factors of his own.

The prosecutor also admired Lin Yong's behavior very much.

But, on the other hand, the law is the law.

There is no objection to the prosecution in accordance with the relevant law, which is also the duty of the public prosecutor.

After listening to the prosecutor's statement, Duan Qingshui continued to let the prosecution start his statement.

"Does the accuser have any other objections to the above-mentioned party's argument that the circumstances are more serious?"

"Yes, Presiding Judge."

Zhang Yuan immediately spoke.

He and Fang Qi made mistakes in their first decision.

The trial fell into an unfavorable situation for the prosecution.

It cannot be said that it is unfavorable to the controlling party, but it does not meet the requirements of the client.

And this time the verdict is related to the upper and lower limits of the sentence.

It was a very important decision, and the two did not dare to slack off at all.

Otherwise.... Big customers can just run away!

Just now, the prosecutor has already stated the scope of sales and the amount of sales.

Then, as the accuser, to sue the serious circumstances, it is necessary to describe the gap between genuine drugs and pirated drugs.

Of course, it can also be described in terms of the loss of genuine drugs.

However, with regard to loss, it is within the scope of civil compensation and has nothing to do with criminal liability.

Therefore, in this case, if they add, they can only supplement the harm of pirated drugs to the body.

This time it was Zhang Yuan who made a statement, Zhang Yuan looked up slightly at the seat on the trial table, and then spoke:

"Presiding judge, based on the evidence submitted by our side, it has been shown that genuine drugs and pirated drugs have different degrees of harm to people's bodies."

"Pirated drugs can exacerbate complications for people with chronic leukemia."

"It greatly increases the likelihood of an outbreak of complications, which can be harmful to patients."

"This potential harm is what pirated drugs have.... And the genuine version should greatly reduce this situation. ”

"What the appellant's lawyer stated did not cause much physical harm to the patient, because the degree of harm caused by pirated drugs has not yet been highlighted."

"This situation is accidental."

"But at the same time, there is a huge potential threat..."

"Our presiding judge can consider this aspect from this aspect."

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

The presiding judge looked back at the appellant's seat.

At this time, Su Bai was not too surprised in the face of the prosecutor's statement and Zhang Yuan's statement.

This is because both the prosecutor's statement and Zhang Yuan's statement highlight the main points of the judgment from the relevant judgments of the first instance.

Truly....

According to the prosecutor's statement, it is necessary to consider many aspects to determine whether the circumstances are minor or serious.

Or rather.... You need to take into account who you are selling and how much you are selling.

But there is a premise for this!

That is, in the first-instance judgment, the judgment is made with the subjective purpose of making profits, so it is necessary to take into account the sales amount and the sales population.

However, in the judgment of the second instance just now, this view has been rejected.

Meantime!

The same does not apply to the scenario described by the prosecution's lawyer.

Why?

Because of the harm of pirated drugs stated by Zhang Yuan, in fact, genuine drugs also have.

And the reason why pirated drugs are classified as counterfeit drugs by the state is because they have not obtained a business license.

It is not that the ingredients are fraudulent or that there are ingredients that are harmful to the human body.

Regarding this point, Su Bai has also conducted investigations and asked professionals.

According to domestic regulations, the relevant ingredients in pirated drugs are not considered to be exceeded.

Then the potential harm is a normal situation and does not constitute a necessary condition for an aggravating sentence.

For example, taking any medicine will have certain adverse effects.

Then the manufacture of these drugs, as long as they have been inspected by the state, and have been reminded and prompted, do not have to bear the relevant responsibility issues.

And then there .... Did you take the wrong medicine and go to the pharmacist?

Therefore, it can be seen from this point that the standard of aggravating the penalty cannot be reached.

On the judgment seat, Duan Qingshui spoke:

"Does the appellant have anything to say about the statements of the prosecutor and the accuser?"

"Some presiding judges."

When Su Bai heard the presiding judge's question, he immediately spoke: "We do not agree with the statements of the prosecutor and the accuser. ”

The reasons are as follows:

"First: the prosecutor's statement is serious from the scope of sales, the amount of sales and the sales population."

"But from the above perspective, if you want to determine the seriousness of the circumstances, what direction will the punishment be carried out?"

"It is from the sale of counterfeit drugs and the purchase of drugs to obtain huge benefits, and the health of the purchaser is infringed on before the punishment can be carried out in serious circumstances."

"In other words, it is to proceed from the subjective conduct of profit-making, knowing that piracy will be physically harmful to the purchaser and continue to sell it."

"However, in the judgment just now, the collegial panel has already ruled that we are not selling and purchasing for the purpose of subjective profit."

"Therefore, judging from the above points, our circumstances are serious and completely inconsistent with the situation."

"One more thing, why do we make a purchasing agent?"

"Is the reason why we are purchasing to help patients?"

"Then, from this aspect, the more sales amount and the number of purchasing agents, the more people we help."

"How can there be a serious situation?"

"The prosecutor's statement is based on the subjective purpose of making profits, and it is a continuation of the judgment of the first instance."

"Therefore, in view of the current circumstances of the second instance, the prosecutor's statement is not valid."

"Second: the accuser accuses us of the potential harm of the pirated drugs purchased on our behalf...."

"The harm to the human body is much greater than that of genuine drugs."

"I don't know where the accusers came to this conclusion."

"However, judging from the current situation, the people who took pirated drugs did not have complications as stated by the accuser for the time being."

"Again...."

"According to the evidence submitted by us, it can be shown that the pirated drugs fully comply with China's drug ingredient standards, but there is no license to operate in China."

That's why it's called a "fake drug." ”

"However, there are no ingredients that seriously endanger human health."

"Another point, I want to emphasize and explain that in the country where Lin Yong buys, this counterfeit drug is a "genuine drug" belonging to other countries, and it has the right to operate. ”

"So in that respect, we don't agree with the point of view stated by the accuser."

…

Su Bai clearly made a rebuttal statement.

Both the prosecutor's statement and the prosecution's statement were refuted.

In the face of rebuttal, the prosecutor nodded slightly after listening to Su Bai's statement.

Without too many responses, Su Bai stated very clearly just now, his point of view is based on the verdict of the first instance, and the point of view of making profits.

Although he can continue to refute based on this, there is no need to continue to refute.

This is because it is the presiding judge who makes the decision.

He only needs to bring them up, and then the presiding judge chooses whether to make a decision.

And on the other side ....

When the accuser Zhang Yuan faced Su Bai's rebuttal, he immediately said:

"We do not agree with the views expressed by the appellant's lawyer."

"In terms of drug ingredients, pirated drugs are indeed more likely to cause various complications than genuine drugs."

"The fact that it does not appear for the time being does not mean that it will not occur in the future, and it does not mean that it will not cause great harm to future health due to potential dangers."

"Thousands of people have bought pirated drugs, so there are thousands of harms."

"According to the relevant provisions of the National Drug Administration Law, this kind of behavior has constituted a serious circumstance."

"As for what the appellants have stated, there is no outbreak at this time."

"Probably due to serendipity."

"So we think this should be dismissed."

？？？？

Regarding Zhang Yuan's statement, Su Bai felt that the other party was completely convincing himself and the presiding judge.

Why?

Because this argument is completely untenable!

There is a potential hazard, which drug is not potentially harmful?

As long as its ingredients do not exceed the standard, comply with national regulations, and have no particularly serious harm to the human body, it meets the standards issued by the state.

Then this kind of medicine is a normal medicine!

Now Zhang Yuan's statement is completely a "form of expression".

Is it because you want to show the boss in the back that you have done your best?

Su Bai still refuted this situation:

"I don't know what the accuser is based on in the management law, and the prosecution does not list the regulations of the management law."

"There is a hidden danger in me, and I would like to ask the accuser...."

"Doesn't the genuine medicine cause complications?"

"Yes, but the probability is much smaller than that of pirated drugs, and if the group that buys pirated drugs can buy genuine drugs, this complication will hardly occur."

Zhang Yuan replied: "There is no doubt that taking pirated drugs is very harmful, and the potential harm is also very great. ”

Su Bai nodded in agreement with Zhang Yuan's statement, and then asked rhetorically.

"On the other hand, the harm of taking pirated drugs takes a lot of forms...."

"But don't the buyers know that it's very harmful?"

"What is the reason for buying pirated drugs?"

"We have just stated very clearly, the reason for buying pirated drugs is because I can't afford to eat genuine drugs!"

"If you can't afford to take genuine medicine, it's equivalent to waiting for death in chronicity."

"And pirated drugs have given these people who can't afford to eat genuine drugs a hope to survive."

"Compared to those complications, those potential harms, are these important in the face of death?"

"It doesn't matter!"

"Another point is that everyone knows what it means to take pirated drugs, which means that they have to bear a certain risk of taking drugs, but they can live well."

"Just like what our witnesses in court just described."

"She doesn't know that genuine medicine is good?"

"Yes!"

"But can you afford it?"

"I can't afford it."

"It was pirated drugs that gave them a hope to live."

"Don't they want to take genuine medicine? Don't they know if the medicine is fake or not? ”

In their opinion, what can alleviate their condition and allow them to live is the "genuine" medicine. ”

"As for the potential harmfulness stated by the accuser, there is!"

"However, the effects of the drugs sold by Lin Yong outweigh the side effects, and in this respect, their potential harm has been obscured."

"It does not constitute an act that endangers the health of the purchaser."

Overall, there is only one simple sentence -

If you take pirated medicine, you will live, and if you don't take pirated medicine, you will not be able to live.

How to choose?

How do you let those patients choose? They don't have a choice.

In the face of potential hazards, they are also very aware of them.

But as long as you can live, there is hope.

And the potential harm borne by the accuser is not worth mentioning when he cannot afford the medicine.

Ultimately!

The statement about this is still a truth, I can't afford to take genuine medicine!

As for the potential harm, it is nothing in the face of life.

From this point of view, is Lin Yong's sale of pirated drugs harmful to other people's health?

Not at all!

How to judge if the circumstances are serious?

That's saving people, not harming people, how can the circumstances be judged to be serious?!

This is the core point of Su Bai's statement just now.

…

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