Chapter 353 Fact Verification, Judgment Result! Witnesses accuse the prosecution in court.

In Su Bai's rebuttal statement, there is only one point of view that is mainly expressed-

Whether the circumstances are serious or not depends on what kind of harm has been caused.

What are the specific forms of manifestation of harm.

Furthermore, the potential harm is not a circumstance that causes aggravating circumstances.

With regard to the last point, it is clear that it is not legally valid.

What are the potential hazards?

It is a possibility that belongs to the future, and it does not exist with objective facts.

If you talk about potential here, then any possibility will exist in the future, how can you guarantee that other possibilities do not exist?

Therefore, statements that do not have objective facts are not allowed, recognized, or adopted in law.

Again.

The situation that Su Bai expressed just now is very clear.

The harm to the body caused by taking pirated drugs can completely mask its potential harm.

And there has been no large-scale or serious illness caused by people taking pirated drugs.

How is the seriousness of the circumstances determined?

What is the basis for determining the seriousness of the circumstances?

There is no factual basis for making a judgment.

The judgment made in the first instance was made for the purpose of making a profit at the outset.

In this case, it is normal for the judgment to be serious.

However, now that the second-instance trial has been dismissed, from this point of view, it is not possible to determine the seriousness of the circumstances.

"Overall.... Not a big problem. ”

Su Bai meditated in his heart.

…

After stating the corresponding points of view of each party.

On the bench, Duan Qingshui, as the presiding judge, took out the evidence submitted by the prosecution and the prosecution from the materials in front of him.

Judging by the material.

At present, the materials submitted by the prosecution and the prosecution have not caused serious illness or death because of someone taking pirated drugs.

In the legal sense, it is indeed not to the point where the circumstances are serious.

But....

Duan Qingshui looked at the appellant's seat: "The collegial panel has heard the opinions of all parties just now. ”

"Now I would like to ask the appellant, do you know anything about this pirated drug?"

"Or do you know how harmful it is, and how harmful is it?"

Lin Yong, as the appellant, nodded slightly after hearing the presiding judge's inquiry.

"Presiding Judge...."

"I know about this pirated drug, and I know the harm."

"I learned about this drug abroad because I also had chronic leukemia at the time...."

As if thinking of something, Lin Yong looked up at the seat on the judgment table.

"Presiding judge, what I said is a bit long, because I want to tell all the causes and consequences, can these be stated in the trial?"

"Yes, I asked you a question just now to find out what you think about this drug and the process of understanding it, so you can state it."

Duan Qingshui opened his mouth and motioned for Lin Yong to continue his statement.

Lin Yong nodded after hearing this, and continued to speak:

"Okay presiding judge."

"Because I am also a chronic leukemia patient, I am also very concerned about some special drugs abroad."

"At that time, when I was doing foreign trade business, I already learned that many chronic leukemia patients abroad were taking this pirated drug."

"And I heard from them that the effect of this pirated drug is very good, no different from the genuine version, and there are no big side effects."

"At first, I was reluctant to take pirated drugs, because my family's economic conditions could buy genuine drugs, and I thought it would be better to take genuine drugs."

"But something happened to the family's foreign trade later, and there was a lack of funds during that time."

"The cost of buying genuine drugs is too great, so I want to take pirated drugs."

"At first, I was quite worried, worried that it was not like what others said, there were no big side effects, but then I slowly found that there was no big impact."

"Then I told the patients around me."

"I used it myself at first, and I slowly used it until I was relieved before I dared to introduce it to the patients around me, otherwise I wouldn't dare to harm others with defective medicines."

"I'm also afraid that because of recommending drugs to others and purchasing medicines, other people will have an accident."

"As for whether there is any harm, I have asked the foreign distributor who sells this drug."

"Under normal circumstances, there won't be any big problems, unless you don't take care of your body and drink all day long."

"When purchasing medicines, I also told the patients about the dangers, and the patients who have suffered from chronic leukemia know what to do and how to take care of their bodies."

"I have taken this medicine myself for more than two years, and I have been purchasing it for two years, and I have not heard of any person, because this medicine damaged my body and had an accident."

"This medicine is harmful, but it is not very harmful."

"That's why I chose Daigou."

Lin Yong stated the details of the situation.

After finishing his statement, on the bench, Duan Qingshui turned his head to look at the witness seat.

"May I ask the witness, is what the appellant said true?"

The three witnesses on the witness stand spoke one after another:

"Lin Yong is telling the truth, I am the first batch of people to buy pirated drugs from Lin Yong."

"I can confirm what he said."

"It is true that he recommended it to us after using it first and then thinking that the effect was good, and after we used it, there was no harm to the body."

"In fact, the harm said by the lawyer of the genuine medicine does not exist at all, and after more than two years, my patients and I have not had any other situations at all."

"Genuine drugs are just afraid that piracy will affect their sales, and they deliberately talk nonsense, isn't their medicine harmful? Won't they cause other complications? ”

"We feel that the pirated drugs sold by Lin Yong are not harmful at all, they are life-saving drugs, not harmful drugs!"

"The lawyer entrusted with genuine medicine is completely!"

The first witness, gave his opinion.

Two other witnesses also spoke to make their views

“.… Whether the medicine has been used or not, and they have not taken it, we, as patients, are we still not clear in our hearts? ”

"This is complete slander, a false accusation of good people!"

Three witnesses on the witness stand opened their mouths and blamed the accuser.

In the prosecution seat, Fang Qi and Zhang Yuan fell silent for a while in the face of the accusations of the witnesses, not knowing what to say.

At this time, the witness was also constantly venting his emotions.

In the courtroom, there was chaos for a while.

At this time, Duan Qingshui had no choice but to ring the gavel.

"Silence...."

"The full panel has heard the statements of the witnesses as well as the appellants."

"Please keep the witnesses quiet now and not disturb the order of the trial."

Knock knock!

The sound of the gavel fell, and the three witnesses did not continue to accuse the accuser.

Silence returned to the trial.

Let's be honest .... In this case, it can be determined that the witness disrupted the trial.

But how to say it.... All three witnesses were patients with chronic leukemia.

Now that the pirated drugs are gone, it's normal to feel a little angry in your heart.

Duan Qingshui said he could understand what the three witnesses did.

After the trial was quiet, Duan Qingshui sorted out the questioning just now.

The reason why he asked Lin Yong and the witnesses about their statements just now.

The main reason is to determine whether the circumstances are serious from the defense just now.

In the statement just now, it is obvious that Su Bai has a certain defense advantage.

Because in the objective facts, the pirated drugs sold by Lin Yong did not cause physical harm to the purchasers.

According to Su Bai's statement, it has indeed alleviated the plight of chronic leukemia patients who cannot afford to buy genuine drugs, and given them hope to live.

From this point of view, the judgment of the seriousness of the circumstances does not meet the objective conditions of the facts.

Moreover, according to the statements of Lin Yong and his witnesses just now, it can be seen.

Lin Yong himself believes that pirated drugs are not too harmful to his health.

I am using drugs myself, so I make purchases for patients.

Subjectively, it is believed that pirated drugs do not have much effect on the human body.

This is also an important key point in the judgment.

Once these facts are clear, then the rest is simple.

Based on the above circumstances, can the circumstances be severe?

Surely the circumstances cannot be judged serious!

Ring the gavel.

In response to this discussion question, Duan Qingshui asked:

"Does the prosecution have anything else to say?"

Faced with the presiding judge's questioning, Zhang Yuan was silent for a few seconds.

As for the relevant judgment on whether Lin Yong is a serious circumstance, the defense is here....

Truth be told, he has nothing left to continue to state.

No matter how many statements are made, there is no legal basis for the accusation.

The presiding judge can only make a judgment based on the content of the previous defense, and there is no point in saying more.

Thinking of this, Zhang Yuan spoke: "The presiding judge.... We don't have anything else to say. ”

"Okay."

Duan Qingshui nodded:

"Since there is no other person on either side who wants to continue the plea, then the judgment on this point will begin."

"According to the appellant's application for appeal, it is believed that the first-instance judgment is unreasonable to determine the degree of the circumstances of the sale of counterfeit drugs against the criminal suspect Lin Yong, and this is the case."

"The court of second instance held that the appeal application filed by the appellant, as well as the appeal defense and relevant factual evidence."

"Lin Yong's subjective purpose in selling pirated drugs is to help others."

"And in the process, there are no ingredients that endanger the lives of others in the ingredients of pirated drugs."

"Pirated drugs have a certain effect on suppressing the disease of people who use this drug, and its effect far outweighs the harm."

“.….”

When they heard the presiding judge's statement, on the accuser's seat, Fang Qi and Zhang Yuan sighed in their hearts.

According to the current description, it seems that Lin Yong's judgment is serious.... It is necessary to deny the result of the first-instance trial.

Fang Qi and Zhang Yuan glanced at each other, did not speak, and looked at the seat of the trial table again.

Listen to the presiding judge continue to speak:

"Lin Yong's act of purchasing pirated drugs."

"From the point of view of endangering physical health, there are no serious circumstances."

"On the other hand, from the sales crowd and the amount of sales and the number of sales."

"Because Lin Yong's subjective purpose is to help others alleviate his condition, it is not a subjective purchasing and selling situation for the purpose of profit."

"Therefore, the court of second instance held that Lin Yong's sale of pirated drugs was not enough to reach the level of seriousness."

"Do the parties still have any objections to the above court decisions?"

In this case, there must be no objection!

This judgment has already determined that Lin Yong's sale of pirated drugs is a relatively minor circumstance.

After hearing the presiding judge's question, Su Bai immediately said: "We have no objection. ”

The prosecutor has already expressed his point of view in what he has just said.

That is, everything is done according to the judgment of the presiding judge.

Therefore, in the face of the presiding judge's verdict, the prosecutor immediately said that he had no objection.

Fang Qi and Zhang Yuan in the prosecution's seat wanted to express their dissent.

But how to express it?

Objective facts, no objective facts, other evidence, no other evidence.

In desperation, he could only express that he had no objections.

Knock knock!

With the hammer falling and the presiding judge speaking:

"Since there is no objection from all parties, then only the judgment is established."

One of the most troublesome is the problem of determining whether the plot is serious, solved!

Call....

Su Bai looked up at the presiding judge's seat, and the next thing was much simpler.

If the circumstances are not serious, then the upper limit above the sentence will be locked.

Up to three years in prison!

Lin Yong's sentence will also be greatly reduced.

As for the rest of the trial....

Let's be honest .... There is no excessive plea, only a court statement is required, and the verdict on Lin Yong will come out.

But then again.... In terms of court statements, Su Bai has also prepared the content of the statement.

Now we are just waiting for the presiding judge to announce the next part of the trial.

Su Bai raised his head and looked at the presiding judge's seat, waiting for the presiding judge to announce that he had entered the next presentation session.

…

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