Chapter 443: The trial is over, the investigation is over, the investigation is due, and the handling is handled!
Chapter 434 The trial is over, the investigation is investigated, and the treatment is handled!
Bench on the judging table.
Wei Guoming made a brief summary after listening to the court statements of both sides.
Overall.
Zhou Wei's court statement did not have much influence on the verdict of the case.
The trial was for Li Dong's criminal acts.
Objective facts will certainly be taken into account.
What is Zhou Wei's statement?
Zhou Wei's statement also reminded the judge to consider objective and realistic factors.
This part is overlapping.
Therefore, the content of his statement has little impact on the final outcome of the judgment.
It's even negligible.
The prosecutor's statement was also made from an objective point of view, and its impact on the trial was also not significant.
What is important and crucial is the statement of Su Bai, the lawyer entrusted by the appellant.
This time it was an open trial.
And the content of Su Bai's statement meets the conditions for commutation.
It can be said that the conditions for commutation have been filled.
For example, subjectivity, the nature of the crime, the intent of the crime, and the result of the damage ultimately caused by the crime.
These are the key points stated by Su Bai, and they are also the key points of commutation.
Similarly, in these contents, what Su Bai stated has objective legal factors.
In Wei Guoming's tendencies, he also recognized what Su Bai stated.
But....
Specific circumstances of commutation, and how to make commutation and sentence planning.
This will need to be discussed with the other two judges.
Come to think of it.
Wei Guoming rang the gavel: "Now the court statements of all parties have been heard by the collegial panel. β
"Regarding the outcome of this judgment, the collegial panel still needs to discuss."
"Adjournment!"
"The verdict will be announced in an hour!"
The gavel falls.
The adjournment phase begins.
Hearing the presiding judge announce the adjournment, Su Bai took a deep breath.
Judging from the court statement just now.
Neither the prosecution nor the hospital's statements were able to achieve the purpose of upholding the verdict in the first instance.
There is a good chance that his statement will be able to achieve the purpose of reducing the sentence.
At such a time, when the court adjourns are adjourned, there is a high probability that the degree of commutation will be discussed.
Although Su Bai didn't know the specific situation, it was certain that the punishment of Li Dong in this trial would not be too serious.
Why are you so sure?
Because from a legal point of view, or from a reasonable and emotional point of view.
The content of Su Bai's statement has the necessary conditions for a certain commutation of sentence.
"Now we just need to wait for the collegial panel to discuss and know the outcome of the commutation."
Su Bai meditated in his heart.
On the side, Li Xuezhen also exhaled lightly and turned her head:
"Lawyer Su.... How do you think this sentence will be sentenced? β
Su Bai smiled and said: "I don't know this very well, but what is certain is that no matter what, a suspended sentence will definitely be given!" β
After Li Xuezhen heard Su Bai's reply, her little face was full of smiles:
"Probation .... If it is really a probation, it is a very good thing for Xiao Chunmei and Li Dong! β
Su Bai smiled and nodded, but did not speak.
Because no matter from which point of view, a suspended sentence is indeed a good thing!
On the other hand, many viewers in the live broadcast room of the public trial have made some guesses about the outcome of this case after listening to the statements of the three parties.
There are even people who analyze the number of years of commutation of the sentence of the entire case.
However, after the analysis, everyone will add a sentence that this is just a rough guess of the results of personal analysis, not the actual results.
After all....
No matter how they analyze it, the final result is the result of deliberation between the presiding judge and the members of the collegial panel.
They were not aware of the subjectivity of the presiding judge and the members of the collegial panel, so all speculation was merely speculation.
Inside the court.
Discussion room of the collegial panel.
Wei Guoming and two other members of the collegial panel were debating how to sentence Li Dong's sentence.
Wei Guoming first took the initiative to express his opinion.
"Regarding the verdict of Li Dong in this case, my preference is not to uphold the verdict of the first instance, but I have not considered the specific circumstances of this reduced sentence."
"What do you two think?"
The other two judges also had their own views on the case.
Wang Dong, who was sitting on the right side of Wei Guoming, was in Wei Guoming, after stating his views.
As a judge this time, he expressed his opinion: "My opinion is the same as that of Judge Wei. β
"The same view of commutation."
"In this case, I think Li Dong was involved in many commutations."
"First, there is really no way, so I exercised the fraud situation."
"Second, it did not cause serious losses to other individuals and subjects."
"But in any case, Li Dong is indeed involved in fraud, and the amount of fraud exceeds the slight situation."
"If it exceeds 100,000 yuan, according to the laws of our country, it will be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years."
"I support a light sentence, but our sentence must not be less than three years, right?"
At this time, another judge also expressed his opinion:
"I also support a lighter sentence."
"The law does not support less than three years, but it does not say that it cannot be equal to three years."
"My idea is to give a suspended sentence, three years, four years of probation."
"That should be reasonable, right? Besides, this situation like Li Dong's is special, and the laws of our country support the imposition of probation, and I don't think there is any problem with imposing a suspended sentence. β
After listening to the statements of the other two judges, Wei Guoming, as the presiding judge, nodded slightly.
"There is no big problem with the statements of the two of you, and the crime of fraud above 100,000 yuan cannot be less than three years in prison."
"But you can be sentenced to three years in prison and then given a suspended sentence."
"Sentenced to three years in prison, suspended for four years, I think this is okay."
"If the two of you don't have any opinions, then we will make a judgment according to the verdict of three suspended and four suspended."
The other two judges spoke: "No comment. β
After obtaining the consent of the two, the three reached a consensus on the final verdict of three suspended sentences and four suspended.
Subsequently.
The adjournment ended.
The trial is reconvening.
Wei Guoming, as the presiding judge, sat on the bench of the judgment table and rang the hammer.
"The adjournment is over, and now the court is reconvening!"
"The collegial panel has discussed and is now announcing the verdict!"
As the clerks all stood up, all eyes were on the judgment seat.
I only heard the presiding judge slowly speak: "The cause of action of this case." β
"Appellant Li Dong believes that the result of the first-instance judgment does not conform to the actual situation, and appeals to the second-instance trial to request a commutation of the sentence."
"The Yangcheng Intermediate People's Court of this court will hear this case."
The verdict reads as follows:
"First: overturn the verdict of the first instance."
"The criminal suspect Li Dong was sentenced to three years in prison with a four-year probation."
"Second: It was decided that Li Dong should return the fraudulent money of 168,000 yuan."
β.β¦.β
In terms of the verdict, there is only one difference between the second-instance trial and the first-instance trial, that is, the verdict above Li Dong's sentence.
As for other judgments, such as whether the hospital's fraudulent funds should be returned, there is not much difference from the first instance.
It can be said that the judgment of the first instance was directly retained.
In law, it is about causality, but it is also about facts.
It is a fact that the official seal was engraved to avoid paying the medical bills, so the money should be returned.
There was no big problem with the verdict of the second instance.
Soon, the presiding judge finished stating the contents of the verdict and struck the hammer: "Close the courtroom!" β
With a serious closing of the court, the two words fell.
The trial ended.
Li Dong, who was sitting in the appellant's seat, was still a little dazed and at a loss.
Reprieve?
With this probation, does he not have to go to jail and can continue to take care of Chunmei?
Li Dong, who suddenly realized this, looked at the lawyer's seat a little sluggishly.
Then there was a hint of surprise in his expression.
Probation!
Su Bai saw Li Dong's surprised expression, smiled slightly, and nodded.
In Su Bai's opinion, there is basically no big problem with the suspended sentence.
It's to be expected.
β¦
Throughout the courtroom.
The people who are most concerned about this verdict are Li Dong, Xiao Chunmei, Su Bai and Li Xuezhen
As for the others, they are not very concerned about Li Dong's verdict.
Especially Lin Wenjie and Zhou Wei.
Because the two of them have different demands, one of them is worried that their future will be hindered.
The other is concerned about the loss of the hospital's reputation.
So the two of them didn't seem so concerned about Li Dong's verdict.
It's just that I'm worried about what will happen to them when this case is over.
After hearing the presiding judge announce the closure of the courtroom, Lin Wenjie turned his head to look at Zhou Wei on the side.
"Lawyer Zhou.... Now that the verdict has come out, it doesn't seem to have anything to do with me..."
"Do you think anything will happen if I go back to the hospital?"
Zhou Wei: "? β
Lin Wenjie asked this question very cleverly, will there be anything wrong when he returns to the hospital?
To be honest, he really couldn't answer.
What is the situation that Lin Wenjie is involved in?
What he involved was to open a high price and get a high share, as well as hinting that Li Dong would engrave the official seal privately.
It doesn't matter if the former is true, because the hospital has regulations in this regard, as long as a punishment is given on the surface, then there is nothing else to do.
But what's the point?
The key is to imply that the official seal is engraved privately!
The hospital did not receive this medical fee, but it still needs to give Lin Wenjie a share.
Lin Wenjie went to pick up the wool of the patient and the hospital together.
This matter needs to see if the leaders of the hospital will speak for Lin Wenjie.
If you speak for Lin Wenjie, then Lin Wenjie may not be a big deal.
But if this incident makes the leaders of the hospital angry.
The leaders of the hospital will investigate and report the case, so Lin Wenjie is likely to be criminally punished.
Zhou Wei didn't know how to reply to Lin Wenjie, so he didn't reply directly, but just hinted at it:
"Look at the attitude."
Look at the attitude above?
Lin Wenjie understood what Zhou Wei meant in seconds, and thanked him with a smile: "Thank you, Lawyer Zhou, for the reminder." β
After leaving the court, Lin Wenjie immediately called Vice President Wang, explained the situation in detail, and expressed his attitude of admitting his mistakes.
"Vice President Wang... This is what it is, I know I did it wrong, but..."
"I was also a ghost at the time, and I didn't expect this to happen.
I really didn't tell that Li Dong directly and asked him to engrave the official seal of the hospital privately to pay the medical bills. β
"Who would have thought that Li Dong would run to engrave the official seal of the hospital!"
"He's just crazy!"
"Vice President Wang.... This matter is roughly like this, I know that after this incident came out, my reputation in the hospital collapsed. β
"But... Vice President Wang, I have been with you for so many years.... You must help me with this! β
On the other end of the phone, Vice President Wang's voice was very deep, and he slowly spoke:
"The specific process of this case, as well as the detailed process, I just read it."
"There's no evidence to prove that you've done those things, I'll greet you on the side of the hospital leader."
"Okay, thank you, Dean Wang!"
Hearing Vice President Wang's assurance, Lin Wenjie let out a long breath.
How to say it.
He has followed Vice President Wang for so many years, and he can be regarded as a confidant, and Vice President Wang has more or less understanding of what he has done.
This time, as long as Vice President Wang helps him, then the rest of the problems are basically not a problem.
It may have a certain impact on the evaluation of job titles or other aspects.
However, this impact is much less serious than losing your job directly!
"It turned out to be good!"
Lin Wenjie grinned and thought silently in his heart.
And the other side.
After Su Bai and Li Xuezhen, as well as Xiao Chunmei, walked out of the trial scene.
Xiao Chunmei kept thanking Su Bai: "Lawyer Su...."
"I still have to thank Lawyer Su for this trial, if it weren't for Lawyer Su."
"In that case, Li Dong can't be sentenced to probation at all."
"Thank you, Lawyer Su."
While saying this, Xiao Chunmei bowed to Su Bai again.
Su Bai hurriedly helped Xiao Chunmei up, and then spoke:
"That's what I'm supposed to do as a lawyer."
"Nothing."
Li Xuezhen on the side also came over to appease Xiao Chunmei.
After a while, Xiao Chunmei and others calmed down, and their words were still full of gratitude.
But....
After a while, Xiao Chunmei muttered to herself again:
"It's just a pity."
"I don't know the whole truth of the matter now."
"If it had been... If Li Dong tells me these things, I won't know anything. β
"I won't take such expensive medicine."
"But then again, it's really bad that doctors like Lin Wenjie haven't been treated."
Hearing Xiao Chunmei's complaint, Su Bai smiled:
"This trial is aimed at Li Dong's commutation, not deliberately against Lin Wenjie."
"So there was no problem with Lin Wenjie at the trial."
"But this doesn't mean that Lin Wenjie won't be investigated in the end!"
Xiao Chunmei looked at Su Bai with some surprise when she heard this.
Can Lin Wenjie be investigated in the end?
β¦
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