As a Lawyer, You Sent the Judge In?
Chapter 347: Selling "fake medicine" really saves lives!
Chapter 347 Selling “fake medicine” really saves lives!
Su Bai browsed through the relevant facts of this case in its entirety.
Said it was selling fake medicine.…
How to put it? According to the legal definition of counterfeit drugs.
It means that according to the "Drug Administration Law", the ingredients of the drug do not meet the national regulations.
Or sell related drugs that seriously fail to comply with drug management regulations.
Selling unlicensed medicines, etc.
These all fall under the definition of counterfeit drugs.
to be honest.…
It means that there are drugs that have not obtained the business license.
If you get it, it is a regular drug for sale, if you don’t get it, it is a prohibited counterfeit drug.
In the case sent by Li Xuezhen, the parties involved were indeed selling "fake medicines."
Because the drugs it sells do not comply with national regulations and are not licensed and certified.
But.…
Judging from the description of the entire case, this "fake medicine" is not harmful to people.
Let’s not analyze the specific circumstances of the entire case.
It can be clearly seen from the statements of the parties in the first instance.
The client, as a patient, imported private medicines from abroad.
It is entirely because private medicines have a very good effect in alleviating the disease and are low-priced.
Out of good intentions, I purchased the items on behalf of fellow patients.
This kind of fake medicine does not harm people, but saves them.
Su Bai checked online and found information about the drugs involved in this case.
And describe in the dossier the process of purchasing on behalf of the parties and the condition of the disease.
Lin Yong, the party involved in the case, suffers from chronic leukemia and needs to take a special drug.
The price of a single bottle of this special medicine in China is as high as 20,000 yuan.
The price of private medicine is only about 2,000 per bottle.
The price difference is ten times.
But there is no obvious difference in efficacy.
Genuine and effective drugs can suppress the progression of the disease, but private and counterfeit drugs can also suppress the disease.
One bottle of medicine can only last about one month.
In other words, if you want to take medicine to suppress the disease, genuine special medicine will cost more than 200,000 yuan a year.
The medical expenses of 200,000 yuan are simply not something that an ordinary family can afford.
At the beginning, because Lin Yong was engaged in foreign trade business, he would sometimes import some things abroad.
After learning that this kind of pirated medicine exists abroad, I had no major problems after taking it.
Introduction was made to his fellow patients.
The patient wanted to let him purchase on his behalf, and Lin Yong agreed.
All major hospitals have this kind of chronic disease group, which gradually develops over time.
Many people know that Lin Yong can buy this kind of medicine in and out of foreign countries when doing foreign trade business.
So they also approached Lin Yong, who was also a patient, and wanted to ask Lin Yong to help them purchase on their behalf.
As a patient, Lin Yong is also very aware of the situation of these patients.
Twenty thousand bottles of medicine are simply unaffordable.
So he agreed.
However...when this kind of private medicine is spread on a large scale and procured on behalf of others.
Sales of genuine drugs have dropped significantly, which has attracted the attention of the local sales department.
And conducted unannounced visits.
After learning that someone was selling private drugs, he immediately called the police and filed a case, and arrested Lin Yong, the purchasing salesperson.
The rest is easy.
The evidence is sufficient and the criminal facts are clear. The law enforcement officers who filed the case will hand it over to the prosecution department for public prosecution.
The first instance verdict sentenced him to four years in prison.
This is the relevant situation of this case and the entire process.
Su Bai breathed a sigh of relief after reading it.
From the perspective of judgment and legal definition, Lin Yong was indeed involved in selling counterfeit drugs and committed a criminal act.
But on the other hand, his subjective intention is to do shopping out of help and kindness for the patients.
how to say.…
This case... is quite contradictory.
In social public opinion, the influence is relatively large.
But...now that this case has come to Bai Jun Law Firm.
This case must be accepted.
Just after Su Bai understood the entire case, the little rabbit's head continued to beat.
“Lawyer Su...Have you read the case information?”
“Can you pick it up?”
Su Bai replied: "This case can be taken on."
“But where did you find this case?”
After about a minute or two, Li Xuezhen replied: "Lawyer Su..."
“Actually, I also created a short video account named Lawyer Su’s assistant, Lawyer Xiao Li...”
“I often send short videos to let everyone pay attention to Aite if they have any good cases.”
“This case is the one I’ve seen a lot of Aite in my short video account.”
“Then I found a way to find the client and asked if I could represent them in the second instance case.”
“After getting consent.”
“Then let them send the details of the case.”
There is also a short video account named Assistant Lawyer Xiao Li?
Su Bai searched the account in the short video, and the introduction was very clear.
One of the partners of Bai Jun Law Firm and a follower of Lawyer Su Bai.
The number of fans has reached nearly 300,000.
Tsk tsk.…
This Xiao Li is secretly developing his own business!
Su Bai smiled and didn't pay too much attention.
But then again.
Li Xuezhen really tried every means in order to take the case.
Especially in short video operation, he has shown excellent talent.
how to say.…
very nice!
After Su Bai replied to Li Xuezhen that he could accept the second appeal of Lin Yong's case.
Li Xuezhen also immediately contacted Lin Yong’s family.
The two parties agreed on a time to learn more about the case at Bai Jun Law Firm.
After processing.
Li Xuezhen’s face was full of smiles.
Back at the rental house, Wang Kexin saw the smile on Li Xuezhen's face and immediately guessed that she must have taken on another big case.
To be honest...Wang Kexin and Li Xuezhen have lived together for such a long time.
Both people know each other's temper and character, and they also have synchronization in hobbies. so.…
Every time I see Li Xuezhen smiling, it is not difficult to guess why she is so happy.
“Xuezhen...has she taken on another big case recently?”
Wang Kexin shook her head, leaned in and asked.
Li Xuezhen smiled and nodded: "It's not a big case, it's just a relatively influential case."
“That’s pretty good too!”
“Recently, you have been taking on cases one after another with Lawyer Su...it’s amazing!”
Congratulations to Wang Kexin.
“What about you?” Li Xuezhen looked puzzled, turned her head and asked Wang Kexin.
“You have been following Lawyer Xu recently, how is your work?”
Wang Kexin's little ball shook slightly: "Not bad..."
“I’ve just been taking on some small criminal cases recently, which are not that famous or have such great influence.”
“But just take your time...”
“Oh, by the way...I have recently summarized some court trial experiences. Do you want to take a look at them together?”
experience?
"Can."
Li Xuezhen nodded.
.
….
The next day, Li Xuezhen came to the law firm early, preparing to meet Lin Yong's relatives and sorting out relevant materials in advance.
Yesterday, she and Wang Kexin talked about related court trial experiences until late at night, at two or three in the morning.
The more we chatted, the more excited we became, and we failed to control our time well.
Although the sleep time is short, I am very energetic.
After all... today we have an appointment with the relatives of the person involved.
Around ten o'clock in the morning.
A woman who looked about thirty-four or five years old came to Bai Jun Law Firm.
Li Xuezhen was sure that she was Lin Yong's wife as soon as she saw the woman.
Since the two of them had already agreed on a time, Li Xuezhen stepped forward and said hello.
“Hello...are you Ms. Zhang?”
“Yes... I am Zhang Man, Lin Yong’s wife, and you are lawyer Xiao Li, right?”
“Yes, I am.”
“Ms. Zhang, please come this way…”
"OK."
.
….
In the office.
Su Bai sat on the sofa, Zhang Man sat opposite, and Li Xuezhen sat beside Su Bai.
Zhang Man didn't know if it was because he was a little nervous, but he used his hands to push up the hair on his forehead from time to time.
Seeing this situation, Su Bai poured Zhang Man a cup of tea.
“Ms. Zhang, drink tea.”
After Zhang Man took the tea, Su Bai continued:
“Regarding Lin Yong’s case, we have already read all the materials you compiled and handed over to us.”
“I have already understood all the relevant circumstances involved in this case.”
“What I want to ask is, are the circumstances described in the case file true?”
Zhang Man nodded: "Absolutely."
“But...there is a little difference.”
“Which point?” Su Bai asked.
“As stated in the dossier, Lin Yong did this for profit.”
Zhang Man replied, and then continued:
“Actually, that’s not true. When Lin Yong went abroad to buy medicine, he purchased it on behalf of others.”
“The fee he charges is higher than the price of the medicine because he buys so many medicines at once, has to go to pharmacies everywhere, and pays other fees to foreign agents.”
“The first-instance judgment said that Lin Yong bought the medicine for profit. In fact, the profit mentioned in this case did not fall into our hands at all.”
“Even sometimes when Lin Yong goes to buy medicine, we still need a little subsidy.”
Hearing Zhang Man’s description, Su Bai nodded:
“You mean...”
“Lin Yong, as described in the first-instance file, sold drugs and made profits.”
“But these profits did not fall into your hands, but you spent them to buy medicines.”
“That is to say, your original intention is not to sell drugs for profit.”
“Can I understand it this way?”
“It can be understood this way.”
Zhang Man nodded: "My family, Lin Yong, has been doing purchasing on behalf of others for nearly two years. In the past two years, our family has not made any money from this."
“I really haven’t made a penny.”
“I have asked Lin Yong before why the price is not higher.”
“Even if it’s just to earn some hard-earned money, that’s fine.”
“Because sometimes, Lin Yong doesn’t need to go abroad or deliberately buy medicines. He still goes out to buy medicines for his patients.”
“I always don’t understand, so I just want him to get some hard-earned money.”
“But Lin Yong said that those who have money are taking genuine medicines, and only those who have no money come to buy these pirated medicines. It is difficult for these patients to buy pirated medicines.”
“He can’t live with his conscience making all this money...”
“Let’s talk about it.”
“Although our family’s financial situation is not particularly good, we can still get by, and we have no intention of using this to make money.”
"Um.…"
Facing Zhang Man’s answer, Su Bai nodded to express that he understood.
He has read the files repeatedly on this case and understood the relevant circumstances.
to be honest.…
It doesn’t matter how you are convicted.
Only based on the indictment charges filed in the first instance.
The sentence given to Lin Yong was too harsh.
This was Su Bai's first thought.
Because according to the relevant provisions of the criminal law, as long as counterfeit medicines are sold, it will not affect the health of those who purchase counterfeit medicines.
Then he will only be sentenced to a fixed-term imprisonment of not more than three years.
Lin Yong was sentenced to four years in prison, which was obviously an excessive sentence.
However, this point was also specifically stated in the judgment of the first instance.
But Su Bai didn't quite agree with this specific performance.
At present, based on the first-instance file and Zhang Man’s dictation.
Zhang Man’s oral statement was verified one by one with the relevant judgments in the first-instance file, and there was basically no big discrepancy.
Zhang Man has also signed a family entrustment agreement in this case.
So.…
The rest is much simpler.
Search for strong evidence for defense and appeal to the second instance! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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