Chapter 432 states the important content and determines the first result!

The content of Zhou Wei's statement is very simple to say -

There is no evidence to prove that Lin Wenjie deliberately sold high-priced drugs.

And there is no evidence to show that Lin Wenjie has implied that Li Dong engraved the official seal.

Therefore, in this case, the statement of the appellant's lawyer, that is, Su Bai, is very weak.

Failure to achieve the purpose of the accusation.

In addition, the audience who watched this live broadcast heard Zhou Wei's statement.

Many people were outraged.

There are even many locals who come out to accuse: "This lawyer's bullshit!" ”

"Who of the locals doesn't know that the medicines prescribed by the Second Hospital are all fake, they can't cure people, and they are all expensive to die?!"

"This Lin Wenjie is about to become a black doctor in the eyes of those in the know!"

"Whatever you say has no purpose, it's all fart!"

However, many people who knew the real situation in the comment area still pointed out the key to Zhou Wei's statement.

"The statement of the hospital lawyer, to be honest, has a certain amount of truth, how can it be determined without evidence?"

"Without evidence, it can't be determined at all!"

"Lawyer Su, can you come up with the corresponding evidence to prove it? It doesn't feel likely! ”

“.….”

In the comment section, it was pointed out that a judgment cannot be made without evidence, which is correct.

Or rather, there is nothing wrong with it.

But in Su Bai's opinion, what's going on?

In Su Bai's opinion, there was nothing wrong with Zhou Wei's statement.

It is true that he cannot come up with any evidence to show that Lin Wenjie has hinted at Li Dong's behavior.

But why did he actually state this?

Or do you need to go back to the case itself, what is the most critical thing about this case?

The most critical issue is to make a commutation defense!

In the judgment of picking quarrels and provoking trouble, the presiding judge has a very high probability that he will rule that this charge will be revoked.

However, in terms of the hospital's fraud, Li Dong's criminal behavior needs to be greatly reduced.

At this point, it is necessary to look at the subjective motive and purpose of Li Dong's criminal behavior.

and other conditions for commutation of sentences.

Why did he state at the trial that Lin Wenjie deliberately hinted at and sold drugs at a high price?

It was because he wanted to tell the presiding judge about Li Dong's subjective will.

Instead of proving Lin Wenjie "guilty".

Because this trial has nothing to do with Lin Wenjie.

Therefore, all the purposes of the statement revolve around being able to reduce Li Dong's criminal punishment.

Of course....Zhou Wei's statement just now is not without any effect.

Zhou Wei's statement just now has a very important explanation, that is, it shows that Li Dong's subjective will is his own behavior.

So, what does Su Bai need to state?

What Su Bai needs to state is that Li Dong's subjective will is not entirely his own behavior.

is a "forced" situation.

Is it a forced situation that Li Dong can't afford high-priced drugs?

Be!

So Lin Wenjie's hint to Li Dong is a forced situation?

The same is!

These two things can greatly reduce Li Dong's subjective will, thereby reducing his punishment.

Therefore, the key content of this defense is to start from these two things.

Facing the content of Zhou Wei's statement, Su Bai raised his hand to signal:

"Presiding Judge."

"Some of our materials have been confirmed and checked by the Physical Evidence Bureau."

"I want to show it at trial."

"Okay, please ask the appellant to entrust a lawyer to show it."

After getting the consent of the presiding judge, Su Bai simply sorted out the materials in front of him, and then slowly spoke:

"Now I have some relevant information about Yangcheng No. 2 Hospital in my hand."

"It also includes the internal situation, as well as some related situations of Lin Wenjie."

"According to the information of Yangcheng Second Hospital, the attending doctor can get a certain percentage of the medicine prescribed to the patient."

"At the same time, Lin Wenjie, the pharmacy he often recommends, has a kinship relationship with him."

"In addition, the more important point is to follow Lin Wenjie's statement."

"The drugs he recommended are all drugs that are beneficial to Li Dong's wife, Xiao Chunmei, and can suppress the effects of her condition."

"But what is it?"

"In fact, these drugs do not have much effect on uremia, and may even increase the burden on the kidneys, causing certain harms!"

"Lin Wenjie keeps saying that it is for the good of his patients, so why do you recommend this medicine?"

"Isn't he, as the attending doctor, not even the most basic medicine effective?"

"If he doesn't know the efficacy of even the most basic medicines, then why would he recommend such high-cost drugs for Xiao Chunmei?"

"This is worth pondering!"

"More importantly, we didn't state it just now."

"That's the amount of money our client buys for the drug."

"When we went to Yangcheng No. 2 Hospital at that time, when Lin Wenjie was not in charge of treatment, the medical cost we paid was only less than 1,000 yuan per month."

"But after Lin Wenjie was in charge of Xiao Chunmei's treatment, the cost of medication per month gradually rose from less than 1,000 yuan to about 5,000 yuan."

"Even in some of the later recommendations, imported drugs are recommended, and the monthly drug consumption can reach 9,000 yuan!"

"What's more important is that Lin Wenjie greatly increased the cost of medicine when Li Dong was a fake seal to pay for medicine."

"I even prescribed 30,000 a month's medical expenses."

"Lin Wenjie doesn't know about Li Dong's family conditions?"

"In Li Dong's statement, he has mentioned to Lin Wenjie many times that his family is in poor conditions and hopes to be able to prescribe some cheap medicines."

"So from this point of view, Lin Wenjie knows Li Dong's family conditions, and he knows that he can't afford to eat 30,000 yuan a month's medical expenses."

"Then why did Lin Wenjie do this?"

"What is he doing this for?"

"The purpose is clear, he can get a certain percentage of the medicine he prescribes."

"Back to that topic, does Lin Wenjie know that Li Dong used a fake seal, and did he ever imply behavior?"

"Through the above statutory scenarios and legal logic, it can be seen that Lin Wenjie's approach is very wrong."

"And there is anomalous behavior."

"From the perspective of motives, Lin Wenjie deliberately prescribed high drug fees, which is in line with the statutory scenario."

"And there is another very important thing, that is, Yangcheng No. 2 Hospital, whenever you use the payment form, you will let the attending doctor take a look first."

"Make the relevant confirmations."

"Why didn't Lin Wenjie notice Li Dong's payment note for so long?"

"But when Li Dong went to the hospital, the hospital conducted an investigation into Li Dong in this regard?"

"These circumstances and facts are what we want to express, and these are not to say that Lin Wenjie is guilty."

"Because this trial is only related to Li Dong, we only asked and confirmed some facts about Lin Wenjie, and made certain statements."

"Even if we don't have any evidence that Lin Wenjie deliberately hinted at Li Dong and engraved a fake official seal for the time being."

"But judging from the facts and the statutory circumstances, Lin Wenjie deliberately prescribed drugs indiscriminately to obtain a high share."

"There are certain circumstances that led to Li Dong's deliberate crime, so subjectively speaking, Li Dong did not deliberately perform the criminal act, but a forced situation."

"This forced situation is a last resort."

"What we just stated is also very clear, in this case, Li Dong did not use a fake official seal to pay the fee every time."

"It's a scam that is carried out in a situation where they are forced to do so."

"Just imagine...."

"In the face of his wife's suffering, if he doesn't go to treatment, his wife will face death, and carving a fake official seal can save his wife's life."

"Does Li Dong have a choice?"

"He doesn't have a choice, he doesn't have the ability to choose whether to use it or not!"

"He can only use it!"

"It's also a way to protect his wife's life, even though what he did was wrong and illegal."

"However, in the process of breaking the law and committing crimes, he did not harm any other person."

"It's just the use of fake official seals to pay fees, which has caused certain economic losses!"

"This process can be said to be carried out in the act of saving people, and it is a situation where it is forced to cause economic losses to others."

"Judging from the above, we believe that in this case, Li Dong's punishment should be commuted."

“.….”

Su Bai's statement is very long, but the core of the statement is also very short.

First: Rejected the arguments of Lin Wenjie and Zhou Wei - it was not unprofitable for Lin Wenjie to let Li Dong buy expensive drugs.

Second: Although there is no evidence to prove that Lin Wenjie hinted at Li Dong and went to pay the medical expenses with his private official seal.

But this is not important, what matters is Li Dong's subjectivity, whether he was forced or not.

Does this prove it?

This has been proven in terms of the cost of medicine.

And this point is more clearly illustrated in the gradual increase in medical expenses just stated.

Even if there is no evidence to prove it, it is in the presiding judge's inclination.

There will be a judgment in favor of Li Dong.

Third: It shows the second reason why Li Dong was forced, there is no money for treatment!

Can Xiao Chunmei's illness be delayed? And it can't be delayed.

In both legal and emotional senses, Xiao Chunmei's right to life takes precedence.

And Li Dong is Xiao Chunmei's husband, and he has the right and obligation to take care of her.

In the ordinary case of a trial.

Although, the law is just, the law is fair, and the law is serious.

However, in the face of illegal acts that are good, they will be given a lenient sentence.

This is also an important criterion for consideration in legal trials.

"At present, the general situation has been stated, and the rest depends on the relevant judgment of the presiding judge."

Su Bai raised his head and landed his gaze on the seat of the judgment table.

On the trial bench, Wei Guoming served as the presiding judge.

After listening to Su Bai's statement, he sorted out the general situation to a certain extent.

The current situation is - although Su Bai did not come up with substantial evidence to prove that Lin Wenjie had implied behavior.

However, it can be seen from the content of his statement that Lin Wenjie did deliberately sell expensive drugs to Li Dong.

Li Dong engraved the official seal privately, and there is indeed this part of the reason.

There is a certain degree of compulsion in its subjectivity.

But....

The case only made a certain defense, and there are still many places that need to be further determined.

For example, this is the determination of picking quarrels and provoking trouble.

Should it be dismissed?

Thinking of this, Wei Guoming rang the hammer and looked at the prosecutor's seat:

"Does the prosecutor have any other views on the determination of picking quarrels and provoking trouble?"

Faced with the presiding judge's question, the prosecutor briefly sorted out the materials in front of him.

Through the statements of the lawyer of the hospital and the lawyer entrusted by the above-mentioned person.

The prosecutor is also very clear about what kind of situation Li Dong is facing in this case.

The verdict of picking quarrels and provoking troubles, this point was also very clear to the prosecutor in the judgment of the first instance, and there were indeed certain problems.

This kind of question is not to say that there is any inside story, but to think that the court can completely dispense with the judgment.

The presiding judge's questioning has actually shown an attitude.

That is, it is not inclined to judge that there is an act of picking quarrels and provoking trouble.

Instead, it was determined that Li Dong's behavior of going to the hospital to "make trouble" was a legal act.

So....

In response to the presiding judge's question, the prosecutor replied:

"Presiding judge, we have already finished making statements about the situation of picking quarrels and provoking troubles just now."

"There are no objections at the moment."

"Okay!"

On the judgment bench, Wei Guoming struck the hammer and directly sentenced him on the charge of picking quarrels and provoking trouble.

"With regard to the first-instance judgment put forward by the above-mentioned party, the appellant Li Dong has unreasonable behavior in picking quarrels and provoking trouble."

"Judge here—"

"The court of second instance found that Li Dong was an act of defending his rights in the process of going to the hospital to ask for an explanation."

"It does not meet the legal definition of picking quarrels and provoking trouble."

Knock knock!

The gavel sounds, and the judgment is over.

Then, the presiding judge turned his head to look at the hospital seat.

Now that the determination of picking quarrels and provoking troubles has been completed, the next step is to determine the definition of fraud.

It has been specifically stated before that there is a complete chain of evidence for the criminal facts and criminal circumstances of Li Dong's fraud.

There is no escaping this.

What is critical now is what sentence should be imposed in the light of the commutation scenario.

So now....

It is necessary to hear the hospital's opinion on the seriousness of this case and the consequences.

…

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