Chapter 355 Final Verdict: Classic Statement, Who's Wrong? Nothing wrong!

With regard to the court presentation, the parties at the trial have their own views on this point.

The first is the accuser.

The prosecution must have wanted Lin Yong to accept more criminal penalties for this trial.

so as to give an explanation to Cao Zhiwei, the big financier.

From the point of view of the appellant, that is, Su Bai, he must also be responsible for his client.

But no matter what....

The key is to use the court's statement to influence the presiding judge's subjectivity in accordance with legal facts and legal circumstances.

Let the presiding judge define the sentence in this case.

On the judgment seat, Duan Qingshui continued to speak:

"Now for the prosecution to make the court case."

The prosecutor's statement in court was objective: "Presiding judge, our statement is as follows. ”

"The prosecution believes that in this case, although Lin Yong was at fault to a certain extent, it was not for the purpose of making profits, and the circumstances were relatively minor or even minor."

"Therefore, for Lin Yong's sentence and punishment, we believe that the sentence should be lenient."

The prosecutor's statement was simple and clear.

and on the basis of a previous court decision.

The degree to which the plot is lighter or even minor is directly raised.

This made Fang Qi and Zhang Yuan of the accuser have not very good expectations for the case and Lin Yong's sentence.

But....

It's still the same sentence, now that it's on the court trial.

So as a entrusted lawyer, I won't say what the result will be, but I will definitely do my best.

At the very least, make a statement to your client.

When confronted with the presiding judge's request for the prosecution to make a statement, Zhang Yuan spoke:

"Presiding Judge, our court statement is as follows:"

"In this case, we believe that the appellant Lin Yong's conduct has caused a huge impact."

"By the point of influence.... In this case, Lin Yong purchased and sold drugs on behalf of him, and the number of sales and the amount of sales were not small. ”

"It has had a huge impact on genuine drugs and has destroyed the corresponding genuine market."

"Actually.... Genuine drugs are also in a difficult situation, because the R&D and funding invested are relatively high, so they are relatively expensive. ”

"From this point of view, Lin Yong's consignment of counterfeit drugs is indeed to do good deeds, but in fact, he infringes on the rights and interests of genuine drugs."

"Again, from a smuggling point of view."

"This also violates the domestic law, if Lin Yong is not sentenced heavily this time, then what if there is a situation that uses this as an excuse to disrupt normal business and production in the future?"

"The sale of counterfeit drugs is an inappropriate behavior in itself, and it will affect the use and sale of genuine drugs, so that the research and development of drugs for some special pathologies and progress will not be adequately funded."

"Therefore, from the point of view of infringement, we believe that Lin Yong should be severely punished."

"The above is the content of our statement."

After the prosecution finished his statement, Duan Qingshui looked at Su Bai:

"Now I invite the appellant to make court submissions."

After hearing the content of the prosecution's court statement, Su Bai put aside the content of the court statement prepared in advance.

Let's be honest .... There is some truth to what the prosecution has stated.

But what does this have to do with Lin Yong?

In the case of pirated drugs, they should be sold by the manufacturers of pirated drugs.

It has nothing to do with the buying population.

And there is no criminal connection of liability.

The content of the accusation's statement just now is nothing more than an attempt to influence the presiding judge's subjectivity by making the presiding judge think from this aspect.

But to put it bluntly, there is no criminal connection.

Facing the presiding judge asking the appellant to make a statement, Su Bai spoke: "Presiding judge." ”

"As for the statement of the accuser just now, it is from the perspective of legal reasoning."

"We also agree with the accuser's statement that pirated drugs do infringe on the rights and interests of genuine drugs."

"But has the prosecution ever thought about the question, why is there such a situation as pirated drugs?"

"Pirated drugs are made because of profits."

"It's the manufacturers who make the profits."

"What does this have to do with the buying population?"

"Is it possible to convict the purchase of pirated drugs and the purchase of pirated drugs?"

"There is no law in our criminal law that makes it a crime to buy pirated copies."

"On the other hand, then."

"What is the reason for buying pirated drugs?"

"I can't afford to eat genuine medicines."

"Pirated drugs do infringe on the rights and interests of genuine drugs, but some patients, can they afford to buy genuine drugs without taking pirated drugs?"

"On the other side..."

"Pirated drugs infringe on the rights and interests of genuine drugs, and the practice of genuine drugs should be to sue the manufacturers who produce pirated drugs, rather than to sue the buyers and make them responsible."

"As our witnesses said, who doesn't want to take genuine medicine?"

"But I can't afford it!"

"Or some people will ask, why can't they afford to take genuine medicine?"

"But according to the per capita income in China, how many people can afford to buy 20,000 yuan a month of medicine?"

"Like our third witness, the house collapsed, the family was eaten apart, and there was really no way to afford genuine medicine, so I chose to buy pirated medicine."

"Most of the people who buy pirated drugs are this kind of people."

"Is it wrong that they just want to live?"

"Not really."

"So, from another point of view, is it wrong for our client Lin Yong to help them buy pirated drugs and want them to delay their illness and continue to live?"

"There's nothing wrong with that either."

"Besides, is it wrong for genuine to protect its legitimate rights and interests?"

"Neither!"

"Lin Yong buys pirated drugs on behalf of his patients, and he wants his patients to delay their illness, so that people who can't afford to take medicine can afford to take medicine, which is not wrong.

There is nothing wrong with buying pirated drugs and wanting to live.

There is nothing wrong with protecting the legitimate rights and interests of the genuine version! ”

"So who's wrong in this matter?"

"There's nothing wrong with that!"

"From their respective positions and perspectives, there are no subjective mistakes!"

"In the end, it's still one sentence - can't afford to eat the original!"

"These buyers and Lin Yong did not intend to infringe on the rights and interests of genuine pharmaceutical companies.

It's that they have no choice, they really don't have the ability to make money, they really don't have the ability to take genuine medicine, and they have no choice but to do it. ”

"Like the three witnesses in the trial, haven't they taken genuine medicine?"

"I've eaten it, but I can't afford it."

But it was not only the three witnesses in the trial who could not afford it. As far as we know, most of the people who could not afford to eat genuine drugs and bought pirated drugs were in the same situation as the three witnesses. ”

"So I do not deny the statement of the original accuser."

"But from the point of view of the purchaser and our parties, they are also not wrong."

"Lin Yong's subjectivity is not carried out for the purpose of making profits, and it is a purchasing and sales behavior."

"He's doing good, he's helping people who can't afford medicine to give them hope to live!"

"Just like the prosecutor said, the circumstances of our crime are relatively minor, even minor, and this is from a legal point of view."

"And what about legally?"

"Illegal acts committed in the aid of others should have been legally mitigated and the punishment should have been reduced."

"Therefore, we hope that the presiding judge will consider many aspects and impose a sentence on our side."

"Presiding Judge, we've finished our statement."

After Su Bai finished his statement, the court fell into a certain silence.

As Su Bai said, in this trial, are all parties at fault?

None of them!

Do you want to protect your legal rights and interests?

Yes.

Does the prosecutor need to act in accordance with the law?

Need.

So is it wrong for Lin Yong to help others by selling on behalf of others?

Again, no.

Is it a problem for people who want to live because they can't afford to buy genuine medicines and take pirated medicines to maintain their condition?

No problem either.

In the final analysis, it's still because of one word - poor!

If you have money, who wouldn't want to take genuine medicine?

So in this case, let's be honest .... It is completely unreasonable to accuse Lin Yong and want to aggravate Lin Yong's crime.

Genuine version should be able to protect its own rights, but you can sue the manufacturer in accordance with the law.

There is no need to deliberately allow a person who helps others to receive a more serious criminal sentence.

Everyone understood Su Bai's statement just now.

Outside the courtroom, in the live broadcast room of the legal commentary.

Many people commented: "To be honest, after listening to the statements of the appellants, I think what I said is too right, and there are no mistakes on the two sides in the trial." ”

"What's wrong with that?"

"It's wrong to be poor!"

"But do they want to be poor? It's not what they think. ”

"I think from this point of view, the penalty for Lin Yong should be reduced again."

"yes.... Although from the perspective of genuine pharmacists, Lin Yong harmed their interests,

But in the final analysis, it is the pirated drug dealers who hurt their interests.

Lin Yong shouldn't be blamed, right? ”

"Hey—indeed, I just don't know how the presiding judge decided on this case..."

"It's also...."

“.….”

Many viewers in the live broadcast room of the legal review were looking forward to the final verdict and launched a heated discussion.

The other side.

In the courtroom, Duan Qingshui looked at Lin Yong.

"Appellant Lin Yong, do you have anything else to say about this trial?"

Lin Yong raised his head: "I don't have anything else to say, I am willing to accept all the sentences against me." ”

"Hmmm! The parties have concluded their submissions and the court is adjourned. ”

"The verdict will be announced after the trial."

Duan Qingshui nodded slightly, the gavel fell, and entered the adjournment stage.

Su Bai watched the three judges leave the trial scene on the trial table and exhaled a long breath.

This case is finally coming to an end!

…

In the discussion room of the collegial panel, Duan Qingshui looked at Lao Wang and Lao Xu.

In the last adjournment, Lao Wang and Lao Xu both showed objective views on the issues involved in Lin Yong's case.

This time, the final verdict was discussed.

Lao Wang didn't wait for Duan Qingshui to speak, and took the lead in putting forward his own opinion:

"Based on the court's statements in this case, I believe that the sentence should be mitigated."

"The judgment just now has shown that the smuggling involved by Lin Yong is relatively minor, and it is not a profit-making agent."

"The prosecution has also brought it up, and the circumstances are less serious, or even minor."

"I see.... Let's get a light sentence. ”

Duan Qingshui faced Lao Wang's direct request for a light sentence, nodded slightly, and looked at the other side:

"What about you, what do you think of Old Xu Ling?"

"I think this case should also be given a light sentence, to be honest, if it weren't for the accusation of the genuine drug company, I even think the prosecution might have withdrawn the indictment at trial."

"How can I say it.... I agree with Wang's statement. ”

"From a legal point of view, what Lin Yong did did not cause any serious harm."

"What about you? What do you think? ”

Lao Xu looked at Duan Qingshui and asked.

Duan Qingshui smiled: "What can I think?" I still don't think much like you two. ”

"Then since we have reached an agreement, let's discuss how to give a lighter sentence."

Lao Wang spoke.

Duan Qingshui and Lao Xu nodded at the same time, and the three of them reached a unanimous opinion.

…

Meanwhile.

Inside the General Distribution Office of the province of Gliesi.

Cao Zhiwei's face is not good-looking, because according to the current trial situation.

Far from achieving the effect he wanted, it had even achieved the effect in the opposite direction.

This could have a huge impact on Glee's reputation.

For this verdict trial, to be honest, Cao Zhiwei was very unhappy.

But nothing more was said ....

Instead, he watched the live broadcast of the trial that was adjourning, not knowing what he was thinking, and fell into silence.

…

Soon, the adjournment ended.

All eyes were on the three members of the collegial panel as they walked towards the judgment seat.

Duan Qingshui sat on the bench of the trial table and rang the magic hammer: "The adjournment is over." ”

"Now announce the verdict!"

Clerk: "All stand up!" ”

The members of the trial stood up, and Duan Qingshui began to read out the verdict:

"The grounds for appeal in this trial are: Appellant Lin Yong argued that the sentence and judgment of the first instance did not conform to the actual facts, so he appealed,"

"This case is heard by the Western Provincial High Court."

"The collegial panel is now determined by the defense of this trial, the factual evidence, the legal basis, etc., and the judgment is as follows:"

"This court believes that the first-instance judgment is not applicable to Lin Yong's conduct."

"First: Lin Yong's purchase and sale of pirated drugs is not for the purpose of making profits."

"Second: Lin Yong's behavior does not constitute a serious circumstance."

"Based on the above."

"The result of the first-instance judgment is rejected."

"According to the available evidence, Lin Yong's conduct was less harmful and the circumstances were minor."

"But because there is smuggling."

"Sentenced to one month's detention."

"Because of Lin Yong's behavior, it does not constitute a relevant harm."

"Therefore, the judgment is not enforceable."

"This judgment is determined by the Western Provincial High Court, if the prosecution or the prosecution has any objection to this judgment."

"You can file a protest or submit a supervisory review to the relevant departments."

"The verdict will be issued to the parties within 10 working days."

"The verdict is over, the court is closed!"

With the fall of the hammer, the trial ended.

In the appellant's seat, Lin Yong was a little surprised when he heard the verdict.

Only sentenced to one month of detention?!

And it doesn't have to be enforced!

This is a huge surprise for Lin Yong!

Although he doesn't understand the Fa, he knows it.

The non-enforcement means that there is no need to continue to stay in the detention center, and that there is a free status.

From four years in prison to one month of detention, the gap is too big!

Except for surprise, there is no other emotion that can express Lin Yong's mood now.

After hearing the verdict, Su Bai exhaled.

The verdict of this case is here, and it is finally over!

Li Xuezhen on the side also exhaled lightly and patted her chest.

Let's be honest ....

This time, let a good client re-sentence.

Compared to giving away, the sense of accomplishment in my heart is much greater!

…

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