Chapter 439: The content of this statement, I'm afraid it's not to carry people directly in!
Chapter 430 This statement is not to carry people directly in!
After deciding to entrust Li Dong with this case.
Su Bai quickly sorted out the materials that needed to be appealed in the second instance.
In the judgment of the first instance.
Because the legal aid lawyer who helped Li Dong in the lawsuit was not very responsible.
In the first instance, a lot of evidence was submitted and not too many points were stated.
Li Dong's legal aid lawyer mainly expressed his plea of guilt and acceptance of punishment.
As a result, there is a lot of evidence that was not accepted and a lot of lost views that did not appear in the trial of the first instance.
Therefore, when appealing the second instance, Su Bai's new views and new evidence were easily adopted by the court of second instance.
There is a certain probability that the new evidence will overturn the first-instance verdict.
The Intermediate People's Court of the Yang City decided to accept this case!
In addition, Su Bai also applied to the prosecution for the Second Hospital of Yang City, which involved Xiao Chunmei's attending doctor at the beginning, and asked him to appear in court.
This application was granted by the prosecution.
However, Su Bai applied to the prosecution by applying for witnesses.
If you disagree, you still need to see the opinions of the parties.
The Second Hospital of Yangyang, the office of the attending doctor of the Department of Nephrology.
As Xiao Chunmei's attending doctor, Lin Wenjie is sitting in a chair in the office, looking at this month's drug performance bonus with his mobile phone.
Looking at the performance bonus on his phone, Lin Wenjie frowned slightly.
"This month's performance bonus is a bit low! That's almost 1/3 less than last month! Looks like we'll have to keep up the good work next month! ”
Lin Wenjie read a sentence silently, and his face showed a slight hint of displeasure.
He then took a sip of tea and sent a voice message to one of his patients.
The voice in the voice is full of care.
"Your wife's illness must be better medicine, if you don't take better medicine, the disease will not be controllable."
"You just follow what I said, go to the pharmacy I recommended to buy it, yes, although the imported medicine is a little expensive, it has good efficacy and has a good effect on your wife's illness!"
"Don't look at the price, you have to look at it in the long run, of course, you can not buy it at all, as long as you don't pay attention to your wife's condition, it's easy to say anything,"
"Yes, yes, yes.... Mention my name, you can get a 20% discount. ”
On the other end of the phone, the unaware patient was still thanking Lin Wenjie vigorously.
Lin Wenjie looked at the interface of the phone, showed a satisfied smile, and then continued to reply.
"Don't thank me, as long as your wife can cure the disease, everything will be fine."
"Okay, let's talk about it first, I still have a couple of patients to see."
After sending the message, the corners of Lin Wenjie's mouth rose slightly.
I took a sip of tea and was about to send a message to the next person when suddenly the phone rang.
Seeing Vice President Wang remarked on the phone number, Lin Wenjie immediately answered the phone, put away the smug expression on his face, and suddenly became serious:
"Dean Wang.... Is there anything you can do calling me? ”
Vice President Wang on the other side of the phone slowly spoke:
"Did you have a family member named Li Dong under your hands before?"
"It's the one who made trouble in our hospital some time ago, and then was arrested by our hospital police, remember?"
Lin Wenjie thought for a moment, and then hurriedly replied:
"Remember, remember."
"His wife is uremia, and I remember the patient's family very well."
"What's the matter? This Li Dong, I remember that he is just an ordinary person, does he have relatives who work anywhere? ”
Lin Wenjie asked cautiously.
Vice President Wang's tone was calm: "That's not true, but there is one thing now." ”
"Now the procuratorate has contacted our hospital, saying that it wants to contact you and ask if you want to go to court."
"Because this case seems to have something to do with you."
"But a person in charge of the procuratorate, I know, he informed me in advance, and then I turned around and asked for your opinion."
"Do you want to appear in court in this case?"
After hearing Vice President Wang's words, Lin Wenjie asked again:
"Dean Wang, let me ask me if there is any point in appearing in court?"
"I don't know about this, I just came here to ask your opinion."
Vice President Wang came over to ask for his opinion, and Lin Wenjie also knew what this meant.
It must be Vice President Wang who wants him to appear in court, otherwise how could he call himself?
Thinking of this, Lin Wenjie agreed.
"Dean Wang, I'll appear in court."
On the other end of the phone, Vice President Wang nodded lightly:
"Okay, then you should find out about the situation of this case in advance."
"Our hospital will also have a lawyer to accompany you to the court, you don't have to worry."
"Okay Dean Wang, thank you Dean Wang for your concern."
"Hmm."
After speaking, Vice President Wang hung up the phone.
Looking at the phone that was hung up, a touch of contemplation flashed in Lin Wenjie's eyes.
This case requires him to appear in court?
What does this case have to do with him, and why did he be asked to appear in court?
He remembered very well that Li Dong came to harass him and accuse him many times, but there was no evidence.
He was afraid that if there was any trouble, he hinted that there might be some problems with Li Dong's payment list from the hospital.
Later, the hospital really found out that there was a problem with the payment list.
So he called the police and sent Li Dong in.
Months had passed since this incident, and he remembered that the result of the first trial had already come down, and it seemed that it had been sentenced to two or three years.
But he doesn't remember much about it, because he doesn't care, he just listens to his colleagues and chats.
But now....
The second instance required him to appear in court, which made Lin Wenjie very incomprehensible.
If you don't understand, you don't understand, he has already promised this matter, and he must go.
In addition, the lawyers in the hospital are also first-class, so there will be no other problems.
Thinking of this, Lin Wenjie felt a lot more relieved.
"Just go.... It's not that I haven't participated in this kind of trial, which is equivalent to a vacation. ”
…
On the other hand, after accepting the case, the Yang Intermediate People's Court has issued the trial date to all parties.
Today is the time for the trial.
Before the trial of this case, Su Bai applied to the Yang Intermediate People's Court for an open trial.
And published a certain analysis of this case on the account of Baijun Law Firm.
Some of the details have been withheld, mainly describing the circumstances of the case.
Li Dong's case is related to a very topical content-
Hospitals prescribe drugs indiscriminately, prescribing sky-high drugs, etc.
To be honest, this situation is not uncommon, but this situation like Li Dong's is very rare!
Whether it is to save his wife, he engraved the official seal without permission, or the hospital prescribes drugs indiscriminately, prescribes sky-high drugs, and there are doctors in the hospital to imply behavior.
These three points, no matter which point is single, are very explosive.
It's enough to be on the hot search.
Because medical care is a livelihood issue that ordinary people are concerned about.
Many people are ordinary people who can't afford to see a doctor, so what if it becomes a difficult thing?
Therefore, the attention of Li Dong's case is relatively high.
Of course.... Before the trial, the short video account posted only some simple content.
There is no detailed history.
But even so, it has attracted a lot of attention from fans and media broadcasts.
In addition, the Yang Intermediate People's Court also agreed to Su Bai's application for a public trial before the trial.
On the court court.
After the staff has ushered the parties into the courtroom seats, the collegial panel enters.
Bench on the judging table.
As the presiding judge of this case, Wei Guoming briefly sorted out the case before the trial.
In this case, on the whole, Li Dong is guilty.
Because the evidence of the crime engraved by Li Dong privately engraved the official seal is very clear, and the chain of evidence is also very complete.
There is no doubt about that.
There is no problem with the amount of the scam.
From this point of view, the only thing Li Dong and his lawyer can do in this case is to defend the sentence reduction.
Since the first-instance trial also involved picking quarrels and provoking trouble, in Wei Guoming's view, there was no problem with the three-year and six-month fixed-term imprisonment in the first-instance verdict.
But....
Wei Guoming also knew very well that in the first-instance case, the verdict for picking quarrels and provoking troubles was somewhat inappropriate.
But!
How to make a judgment in the second instance depends on how the appellant, that is, Li Dong's entrusted lawyer, expresses it.
See what the appellant's claim is.
Thinking of this, Wei Guoming, as the presiding judge, rang the magic hammer, and then continued to speak:
"The cause of this case: Appellant Li Dong, believes that in the first instance, the sentencing was inconsistent."
"And there are some charges that are not appropriate."
"Apply for a second-instance trial, overturn the first-instance verdict, and make a commutation defense."
"Does the appellant's lawyer have any objection to this?"
Seeing that the presiding judge's gaze fell on him, Su Bai sorted out the materials in front of him.
In this case, Li Dong, as a criminal suspect, does have criminal facts.
Regardless of his motives.
But it is true that he privately engraved the official seal and infringed on the interests of the hospital.
The fraud was established.
Therefore, from this point of view, the facts of Li Dong's crime cannot be denied.
That is, there can be no defense of innocence.
It can only be used as a commutation defense.
After finishing the arrangement, Su Bai slowly spoke: "Presiding judge, we have no objections. ”
Wei Guoming heard that the appellant had no objection.
Immediately afterwards, the prosecutor began to state the facts of Li Dong's crime in this case, as well as the content of the accusation.
The content of the prosecution's complaint is not much different from that of the first instance.
Basically, Li Dong was accused of picking quarrels and provoking trouble, and he was accused of fraud.
The details of the crime are described.
Finally, the prosecutor stated again: "The prosecution does not agree with the above-mentioned party's litigation application, and requests the presiding judge to uphold the original verdict of the first instance." ”
At this point, the prosecutor's statement concluded.
The content of the prosecutor's statement is very simple, but what is Su Bai going to do?
What Su Bai has to do is to try to reduce the malice and severity of the prosecution's statement.
This is also the most important point of commutation defense!
When the presiding judge asks the appellant to make a statement.
Su Bai began to make a statement.
"Presiding judge, we do not agree with the prosecutor's proposal to uphold the original verdict of the first instance."
"Specifically, I have the following views."
"First, the prosecutor stated that we had picked quarrels and provoked troubles and fraud."
"We don't agree with the concept of picking quarrels and provoking trouble."
"According to the legal understanding of picking quarrels and provoking trouble."
"First of all, we did not join other people to go to the hospital to ask for an explanation, and secondly, we did not endanger public safety."
"What is my client going to the hospital for?"
"The purpose of our client Li Dong going to the hospital is to ask for an explanation!"
Li Dong thought that the drug fee prescribed by the hospital was very unreasonable, so he went to consult the hospital and asked the hospital to give an explanation.
"What is this?"
"This is to protect their own legitimate rights and interests!"
"What do you call picking quarrels and provoking trouble? Could it be that safeguarding one's own legitimate rights and interests is also called picking quarrels and provoking trouble? ”
"Did Li Dong endanger the safety of the public? Or has it caused other significant property damage? ”
"Nothing!"
"So I don't think the crime of picking quarrels and provoking troubles is established."
What is the crime of picking quarrels and provoking trouble? Say it 100 times, almighty sin!
This crime of picking quarrels and provoking troubles applies to many situations!
Su Bai first stated the crime of picking quarrels and provoking troubles because this charge is very easy to refute.
Let's not talk about anything else, in the case of general rights protection, how to determine picking quarrels and provoking trouble? It can't be identified as picking quarrels and provoking troubles at all!
After stating the content of picking quarrels and provoking trouble, Su Bai continued to state that there was a question about the sentencing of the crime of fraud.
The most important thing in this case is the conviction for this fraud crime.
The sentence is also inextricably linked to the sentencing for this fraud crime.
So this is also the focus of Su Bai's statement.
I only heard Su Bai speak: "About the crime of fraud." ”
"Our client used a fake official seal engraved privately to try to confuse the medical expenses he paid."
"At this point, we admit that there is fraud and plead guilty and accept punishment."
"But in terms of the plot, I would like to say one thing-"
"After we used a fake official seal to submit our medical expenses for the first time, we paid the medical expenses a total of 28 times."
"Of these, there were only 12 medical expenses that were submitted using fake official seals."
"The amount of money that was confused is 168,000, that is, the amount of fraud is so much."
"But the fee paid is as high as 240,000."
"From this point it is clear that we do not have a particularly serious subjective fraud."
"One more point."
"We did not subjectively commit fraud at the beginning, but due to the negligence of the hospital, which led to our fraud."
On the judgment seat, Wei Guoming frowned slightly when he heard Su Bai's statement.
"Please give the appellant a detailed statement."
"Okay, Presiding Judge."
"According to what our party has stated.
It was only when his wife's attending doctor, Lin Wenjie, repeatedly advised him that he could not afford to buy high-priced drugs, that he thought of using a fake official seal to pay the fee. ”
"And the reason why our party Li Dong used a fake official seal to pay the fee."
"It's because of his attending doctor Lin Wenjie's hint to our client Li Dong."
"It led to this kind of thinking."
Hearing Su Bai's statement, the entire court fell into a moment of silence.
????
What?
The attending doctor hinted at Li Dong and asked him to use a fake official seal to pay the fee?!
What the heck?!
And Lin Wenjie, who was sitting in the seat of this trial, was clouded after hearing Su Bai's statement.
He now finally understands why he was allowed to appear in court for this trial!
Looking at the content of Li Dong's entrusted lawyer's statement, this is obviously aimed at him, right?!
…
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