As a Lawyer, You Sent the Judge In?

Chapter 349 Classic moment, the witness appears in court!

Duan Qingshui, who was sitting on the presiding judge's seat, was sorting out the content of Su Bai's statement just now.

Su Bai’s statement just now was very clear.

  It is a request to overturn part of the judgment in the first instance judgment.

 To realize the idea of ​​​​mitigating the sentence for Lin Yong.

 Duan Qingshui nodded slightly after listening to Su Bai's statement.

These are new evidences submitted by Su Bai, and he has already seen them before the High Court adopts them.

  I also agree with some aspects.

 However...it remains to be seen whether the first-instance judgment shall be upheld.

It still needs the prosecutor and the prosecutor to be able to come up with different viewpoints to refute.

  Duan Qingshui looked at the prosecutor and the accuser.

 In this court hearing, the prosecutor is the party that reviews and hears the relevant evidence in this case.

 The statements made at the court hearing are relatively objective.

The prosecutor began to state: "There are criminal facts and evidence about Lin Yong."

“The prosecutor believes that the criminal facts are sufficient and the objective evidence has formed a complete chain of evidence.”

“It is an established fact that the crime of smuggling and selling counterfeit drugs constitutes the crime of selling counterfeit drugs.”

“For the above, the prosecutor believes that the first-instance judgment is reasonable and consistent with the corresponding circumstances.”

 “It is believed that the original judgment of the first instance should be upheld.”

Similarly, after the prosecutor expressed his views, Fang Qi and Zhang Yuan, the legal entrusted lawyers of Genuine Glita Pharmaceuticals, were seated at the prosecutor’s seat.

 The case also expressed a desire for the second instance to uphold the original judgment of the first instance.

It’s just that the point of view expressed by the legal counsel for legitimate drugs is that Lin Yong infringed on the sales of legitimate drugs as a starting point.

 “Presiding Judge.…”

“We do not agree with the appeal application of the appellant party.”

“First of all, we believe that the judgment of the first instance is reasonable, and throughout the relevant process of the case, Lin Yong did commit the crime of smuggling and selling counterfeit drugs.”

 “Selling counterfeit medicines, pirated medicines.”

“It is a serious violation of our rights.”

“We request the court to judge Lin Yong’s crime from the perspective of protecting genuine rights.”

ˆThe statements made by all parties are now very clear.

As the appeal party, Su Bai hopes to reduce the sentence.

 The prosecutors and accusers, the attorneys entrusted by the original Glita drug, hope that the result of the first instance verdict can be upheld.

 The three parties involved in the trial have clearly stated their respective attitudes.

 For the above situation, Duan Qingshui, as the presiding judge, also understood the overall situation clearly.

Then he continued: "What the appellant just stated is that he believes that the first instance judgment is unreasonable."

“And it is believed that there was an error in the first-instance judgment.”

“Can you elaborate on this point with specific circumstances and evidence?”

 “The chief judge who can.”

Su Bai nodded:

“First of all, in the first-instance judgment, it was determined that we were selling counterfeit drugs for profit, which we do not agree with.”

“Subjectively speaking, our main purpose of purchasing and selling on behalf of patients is to help patients.”

 “Rather than selling for profit.”

“According to the evidence we provided, it can be clearly shown that we did not use the profits for ourselves when selling drugs.”

“In other words, judging from the results, there is no profit-making situation.”

“Since there is no profit-making in the results, it is not enough to prove that we are deliberately selling pirated drugs to make profits.”

“So this relevant judgment in the first instance is not established.”

While Su Bai was making a statement, Fang Qi from the prosecution interrupted.

 Hand up to indicate.

“Presiding judge, regarding this point, we say that the statement made by the lawyer entrusted by the appellant is biased.”

  “Failed to state the complete facts.”

Duan Qingshui: "The lawyer appointed by the prosecution thinks there is an objection. Can you please explain specifically what bias the lawyer appointed by the appellant has?"

“Presiding judge, the statement made by the lawyer entrusted by the appellant is based on the result, and there is no profit-making.”

“However, according to the evidence provided by the lawyer entrusted by the appellant, it is only shown from the rough bank statements that Lin Yong’s family has not made large-scale profits from the sale of counterfeit drugs.”

 “What’s specific?”

“The specific relevant flow records in the past two years and the use of foreign currencies for consumption abroad are not reflected in the evidence.”

 “Then the benefits are consumed abroad?”

“Our suspicion on this point is very reasonable.”

 “A little more.”

“The appellant’s description just now is also very clear. Judging from the results, there is no profit-making.”

 “But what about the fact?”

“The fact is that Lin Yong buys pirated medicines from abroad and only needs to spend 1,500 to 1,800 to buy a bottle of pirated medicines.”

“But he sold it to his fellow patients for 2,000.”

“The price difference during this process ranges from 200 yuan to 500 yuan.”

 “This price difference is the vested profit obtained.”

"It is very unobjective and irrational to only look at the results to see whether there is profit-making, but not to look at the profits and facts to see whether there is profit-making."

“So from this point of view, we believe that the lawyer appointed by the appellant did not express the complete facts and opinions, but only summarized the situation of this case from the perspective of the appellant.”

 “This is inconsistent with legal provisions and legal definitions.”

“Presiding judge, these are my views on the appellant’s statement.”

Su Bai remained silent regarding Fang Qi's statement and rebuttal.

 Fang Qi’s statement just now is, to put it bluntly, a problem.

 You said you did not make a profit, so what did you spend on consumption abroad?

The bank statement proves that you are not making profits, so is the consumption abroad done with profits?

 With such a price difference for a bottle of medicine, where did the price difference go?

 So the responses from both sides have some validity.

 As to whether there is profit-seeking, it should be judged from the result or the process.

 There is doubt about this.

ˆ Judging from the facts and evidence of the results, there is indeed no profit-making situation.

  But from a process perspective, there is room for profit making. There is a dispute over whether the money is Lin Yong’s personal consumption or whether it was spent for patients.

Su Bai knew that the profit from the price difference was definitely not Lin Yong’s personal consumption.

  But from the other side...

Su Bai believes it, so is it equivalent to believing in the law?       are not the same.

 Because in the final analysis, the law still requires evidence.

 About profits, Su Bai asked Lin Yong before.

Lin Yong’s answer was that he exchanged the price difference in foreign currencies to local dealers.

 Let local distributors reserve this pirated medicine.

 Perhaps it was consumed due to other reasons, such as smuggling and transportation.

 However, there is no evidence to prove this.

but.…

 As for the profits generated by the process, Lin Yong could not provide direct evidence.

  However, the evidence can prove that Lin Yong did not make profits.

  So there is a vague possibility in the judgment result.

 One more point, what this case discusses is whether there is subjective profit-making.

  It does not require much direct evidence to prove that Lin Yong did not seek profit.

 As long as there is no profit-making for the subjective purpose of the discussion, there is no profit-making in fact as a result.

 Then the relevant judgment of the first instance will naturally be rejected.

 At the trial table, Duan Qingshui was listening to Su Bai and Fang Qi's defense.

 Speaking: "The collegial panel has heard the defense of the lawyer appointed by the appellant and the lawyer appointed by the prosecution."

“As to whether Lin Yong has made profits, both parties have given detailed explanations and supplemented them with relevant evidence.”

"So based on whether there is profit-making or not, is there anything else that both parties need to add?"

“For example, whether there is intentionality in supplementing its subjectivity and other circumstances.”

“Presiding Judge, we have something to add.”

Su Bai raised his hand to signal.

"Please add on."

 After getting the consent of the presiding judge, Su Bai continued to speak:

“As for the profits from pirated drugs, this can be confirmed by our client’s confession. They have been given to dealers and used for smuggling expenses.”

“The accuser has reasonable suspicion that we are spending our profits abroad.”

"But I would like to ask the accuser, if we subjectively want to make a profit, then why, judging from the bank's expenses, do we not generate any income from selling pirated drugs?"

In response to this, Fang Qi said: "We have made it very clear just now. Judging from the results, there is no profit, but profits have been made in the process."

Su Bai continued to ask: "But the first instance determined that the purpose was to deliberately make profits."

"If our purpose is to intentionally make profits, then why does the result evidence show that there is no profit? What we want to ask is how to determine this intentionality."

Fang Qi retorted: "The fact that the results are not profit-making does not mean that the subjective purpose is not profit-making."

“It’s like doing business. Some people make money while others lose money.”

“In this case, can it be said that some people lose money in business because they don’t want to make money?”

“It’s not that they don’t want to make money, but they don’t have the ability to make it.”

“From the perspective of results, no profit-making was made, but it does not mean that subjectively, no profit-making was intentionally made.”

“So we think there are loopholes in the defense entrusted by the appellant’s lawyer.”

 “Application rejected.”

 After finishing his statement, Fang Qi raised his head and looked in the direction of Su Bai.

After listening to Fang Qi’s statement, Su Bai did not immediately refute it.

 Based on the existing defense situation, some of Fang Qi’s views are tenable.

 If the argument is based solely on the existing defense evidence and viewpoints.

 It is a relatively vague state to determine that Lin Yong does not have the purpose of subjective profit-making.

  But... well, other evidence can be submitted on this point.

Su Bai raised his hand and spoke after getting the consent of the presiding judge:

“Presiding judge, we would like to submit some evidence and invite witnesses to speak.”

 The gavel fell and the application was approved.

Su Bai handed over the evidence to the staff, and after the staff handed the evidence to the presiding judge.

Su Bai spoke again: "Presiding judge, the above is the signature of the message submitted by us regarding Lin Yong's selling of medicines to patients."

“The above description is very clear. Everyone has written their opinions on Lin Yong’s selling of drugs.”

 “Some of them are good and some are bad…”

"But they all admit one thing, that is, Lin Yong has really helped them."

“Even at certain times, those patients can’t afford pirated medicines that cost 2,000 yuan, so Lin Yong will take the initiative to lower the price.”

 “Some are even lower than the purchase price.”

 “If a person’s purpose is to make profit, why would he do this?”

“After deducting the smuggling costs, selling at a low price and making a profit, what profit are you seeking?”

“According to the lawyer appointed by the prosecution, some people make profits from doing business, and some people lose money from doing business.”

“However, did the prosecution ignore the most important point by entrusting a lawyer?”

“As a basic foreign trade staff, if you want to make profits by smuggling drugs, it should be easy to do it, right?”

“Lin Yong only needs to raise the price of the medicine to 3,000 yuan, and he can do it.”

“And it’s still far lower than the price of genuine drugs.”

“If the buyer wants to maintain his condition, he must still pay the 3,000 yuan.”

“So why didn’t Lin Yong do it? What was the reason for not doing it?

 If the price of medicines is raised to 3,000 yuan, will it affect sales or cause patients to not buy it?

Or is it very difficult to raise the cost of medicines to 3,000 yuan? "

"neither!"

“It is a very simple thing to raise the cost of medicines to 3,000 yuan. Why doesn’t Lin Yong do it?”

“The reason why he didn’t do it was that he didn’t want to make a profit and wanted to help others.”

 “This is his starting point.”

 “Otherwise, how could a salesperson with a huge monopoly and profit making not make a profit in the end?”

“Judging from the legal situation, is this possible?”

 “Absolutely impossible!”

"So starting from this point, whether it is from Lin Yong's personal confession or from objective factual evidence, it can be seen that Lin Yong is not subjective about making profits."

“The above evidence was submitted by the patient on his own initiative after learning that Lin Yong wanted to apply for a second trial.”

“We have also invited several patients as witnesses to state some things about Lin Yong in the past two years at the trial.”

“We also ask the presiding judge to allow our witnesses to speak.”

After finishing his statement, Su Bai looked up at the presiding judge's seat.

 Application for witnesses to speak.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)