As a Lawyer, You Sent the Judge In?

Chapter 355 Final verdict: Classic statement, who is wrong? Nothing wrong!

 As for the court statement, at this point, all parties in the trial have their own opinions.

 The first is the accuser.

The prosecution definitely wants Lin Yong to accept more criminal penalties for this trial.

 So that I can give an explanation to Cao Zhiwei, the big benefactor.

From the perspective of the appellant, Su Bai, he must be responsible for his client.

 But no matter what.…

 The key is to use court statements to influence the presiding judge’s subjectivity based on legal facts and statutory circumstances.

 Let the presiding judge define the sentence in this case.

 At the judgment seat, Duan Qingshui continued to speak:

 “Now it is up to the prosecutor to make a court statement.”

 The prosecutor's court statement was very objective: "Presiding judge, our statement is as follows."

“The prosecutor believes that in this case, although Lin Yong had certain faults, he did not do so for the purpose of making profits, and the circumstances were minor or even minor.”

“So regarding Lin Yong’s sentence and punishment, we believe that the sentence should be lenient.”

 The prosecutor's statement was simple and clear.

  And it is carried out on the basis of previous court decisions.

 Directly raise the severity of the circumstances to a lesser or even minor extent.

This made Fang Qi and Zhang Yuan on the prosecution side, as well as Lin Yong’s sentencing, have bad expectations for this case.

but.…

 The same thing is said, now that we have reached the court hearing.

As a client lawyer, I won’t say what the outcome will be, but I will definitely try my best.

 At least express your position to your client.

When the presiding judge asked the prosecution to make a statement, Zhang Yuan spoke:

“Presiding Judge, our court statement is as follows:”

“In this case, we believe that the behavior of the appellant Lin Yong has had a huge impact.”

“Judging from influence...in this case, Lin Yong purchased and sold drugs, and the number of sales and the amount of sales were not small.”

“It has had a huge impact on genuine drugs and destroyed the corresponding genuine market.”

“Actually…genuine drugs are also in a relatively difficult situation, because the R&D and funding invested are relatively high, so they are relatively expensive to sell.”

“From this point of view, Lin Yong is indeed doing good things by selling counterfeit drugs, but in fact, he is infringing on the rights of genuine drugs.”

 “Again, from the perspective of smuggling.”

“This also violates domestic laws. If Lin Yong is not sentenced severely this time, what will happen if this is used as an excuse to disrupt normal operations and production in the future?”

“Selling counterfeit drugs is a wrong behavior in itself, and will affect the use and sale of genuine drugs, so that drug research and development for certain special pathologies will not receive sufficient funding.”

“So from the perspective of infringement, we believe that Lin Yong should be severely punished.”

 “The above is our statement.”

 After the accuser finished his statement, Duan Qingshui looked at Su Bai:

“The appellant is now invited to make a court statement.”

After hearing the prosecution's court statement, Su Bai put aside the court statement that had been prepared in advance.

 To be honest... there is indeed some truth to what the accuser stated.

 But what does this have to do with Lin Yong?

 In the case of pirated drugs, they should be sold by pirated drug manufacturers.

 This has nothing to do with the buying crowd.

And there is no criminal connection with liability.

What the prosecution just stated is nothing more than an attempt to influence the presiding judge’s subjectivity by making him think from this aspect.

 But to put it bluntly, there is no criminal connection.

Facing the presiding judge asking the appellant to make a statement, Su Bai said: "The presiding judge."

“The statement made by the prosecution just now is based on legal reasoning.”

“We also agree with the accuser’s statement that pirated drugs have indeed infringed upon the rights of genuine drugs.”

“But has the prosecution ever thought about a question: why is there such a situation of pirated drugs?”

“Pirated drugs appear because of profit.”

“It is the manufacturers who produce pirated drugs who make the profits.”

“What does this have to do with the buying crowd?”

“Can buying pirated drugs and purchasing pirated drugs on behalf of others be criminalized?”

“There is no law in our country’s criminal law that can indicate that buying pirated copies is a sinful act.”

  “Then on the other hand.”

 “What are the reasons for buying pirated medicines?”

 “Can’t afford genuine medicines.”

“Pirated drugs indeed infringe upon the rights of genuine drugs, but can some patients afford genuine drugs without taking pirated drugs?”

 “Let’s talk about it from the other side…”

“Pirate drugs infringe upon the rights and interests of legitimate drugs. The approach for legitimate drugs should be to sue the manufacturers that produce pirated drugs, rather than sue the buyers and hold them accountable.”

“As our witness said, who doesn’t want to take genuine medicine?”

 “But I can’t afford it!”

“Perhaps some people will ask, why can’t they afford genuine medicine?”

“But based on the per capita income in the country, how many people can afford 20,000 yuan per month of medicine?”

“Like our third witness, his house was ruined and his family was torn apart. He really couldn’t afford genuine medicines, so he chose to buy pirated medicines.”

“Most of the people who buy pirated drugs are this kind of people.”

“Is it wrong that they just want to live?”

"not at all."

“So, from another perspective, our client Lin Yong helped them buy pirated medicines in the hope that they could delay their illness and continue to live. Is it wrong?”

　　“There’s nothing wrong with that either.”

“Besides, is it wrong for genuine publishers to protect their own legitimate rights and interests?”

"nor!"

“Lin Yong purchased pirated drugs on his behalf, hoping to delay the illness of his patients and enable people who cannot afford the medicines to afford them. There is nothing wrong with that.

 There is nothing wrong with patients buying counterfeit drugs if they want to survive.

There is nothing wrong with genuine copies wanting to safeguard their own legitimate rights and interests! "

 “So who is at fault in this matter?”

 “Nothing is wrong!”

“From their respective standpoints and angles, there is no subjective error!”

“In the final analysis, it’s still the same sentence – you can’t afford the genuine version!”

“These buyers and Lin Yong do not intend to infringe on the rights of genuine drug dealers.

 It’s because they have no choice, they really don’t have the ability to make money, they really don’t have the ability to take genuine medicine, and they act as a last resort. "

“Like the three witnesses in the trial, haven’t they ever taken genuine medicine?”

 “I’ve eaten, but I can’t afford it.”

“But it’s not just the three witnesses at the trial who can’t afford it. According to our investigation, most of those who can’t afford genuine medicines and buy pirated medicines are in the same situation as the three witnesses.”

“So we do not deny the statements made by the genuine accuser.”

"But from the perspective of the purchaser and our client, they are not wrong either."

“Lin Yong’s subjective intention is not to make profits, but to purchase and sell on behalf of others.”

“He is doing good things. He is helping those who cannot afford medicine and giving them hope to live!”

“As the prosecutor said, the circumstances of our crime are relatively minor, even minor. This is from a legal perspective.”

 “So what about from a legal perspective?”

“Illegal acts committed by helping others should be legally punished with reduced penalties.”

“So we hope that the presiding judge can consider many aspects and impose our sentence.”

“Presiding judge, we have finished our statement.”

 After Su Bai finished his statement, the courtroom fell into a certain silence.

As Su Bai said, in this trial, were all parties at fault?

nothing!

  If the original version is not intended to protect one's own legal rights?

Yes.

 Does the prosecutor need to act in accordance with the law?

need. So is it wrong for Lin Yong to help others by purchasing and selling on behalf of others?

 Similarly not.

 Purchasing people take pirated medicines because they cannot afford genuine medicines to maintain their condition. Is there a problem if they want to survive?

 There is no problem either.

 In the final analysis, it is still because of one word—poor!

 If you have money, who wouldn’t want to take genuine medicine?

So in this case, to be honest...it is totally unreasonable to accuse Lin Yong and to aggravate Lin Yong's crimes.

Genuine copies must be able to protect their own rights, but if you protect them in accordance with the law, you can sue the manufacturer.

 There is no need to intentionally give someone who helps others a more serious criminal sentence.

Everyone understood what Su Bai said just now.

 Outside the court hearing, in the live broadcast room of the legal commentary.

Many people commented: "To be honest, after listening to the statement of the appellant, I think it is very right. All the parties in the trial were right."

 “Then what’s wrong?”

 “The fault lies in being poor!”

 “But do they want to be poor? That’s not what they want.”

“I think from this point of view, Lin Yong’s penalty should be reduced again.”

“Yes...Although from the perspective of the genuine drug dealer, Lin Yong has harmed their interests,

 But in the final analysis, it is the pirated drug dealers that harm their interests.

 Shouldn’t you blame Lin Yong? "

“Hey—it’s true, I just don’t know how the presiding judge will rule on this case...”

"Too.…"

　　　….”

 Many viewers in the live broadcast room of the French Commentary were looking forward to the final verdict and had heated discussions.

the other side.

At the court hearing, Duan Qingshui looked at Lin Yong.

“Appellant Lin Yong, do you have anything else to say about this trial?”

Lin Yong raised his head: "I have nothing else to say. I am willing to accept all judgments against me."

“Well! The parties have completed their presentations and the court will now adjourn.”

“The verdict will be announced after the trial.”

Duan Qingshui nodded slightly, the gavel fell, and the court entered the adjournment stage.

Su Bai took a long breath as he watched the three judges leaving the courtroom.

This case is finally coming to an end!

.

 ….

 In the collegial court discussion room, Duan Qingshui looked at Lao Wang and Lao Xu.

During the last adjournment, both Lao Wang and Lao Xu showed their objective views on the issues involved in Lin Yong’s case.

 This time we are facing discussions on the final verdict.

Lao Wang did not wait for Duan Qingshui to speak, and took the lead in putting forward his own opinion:

“Based on what the court stated in this case, I think the sentence should be reduced.”

“The judgment just now shows that the smuggling involved by Lin Yong is relatively minor, and it is not a subjective purchase and sale for profit.”

“The prosecution also raised the case of lighter or even minor circumstances.”

 “I think… the sentence should be light.”

Facing Lao Wang, Duan Qingshui directly asked for a lighter sentence. He nodded slightly and looked to the other side:

 “What about you, what does Lao Xu Qian think?”

“I think this case should be given a lighter sentence. To be honest, if it weren’t for the genuine drug dealer’s accusation, I even think the prosecutor might withdraw the prosecution at trial.”

“How should I put it...I agree with Lao Wang’s statement.”

“Legalally speaking, what Lin Yong did was not seriously harmful.”

 “What about you? What do you think?”

 Lao Xu looked at Duan Qingshui and asked.

Duan Qingshui smiled: "What can I think? My opinions are almost the same as the two of you."

“Now that we have reached an agreement, let’s discuss how to get a lighter sentence.”

 Old Wang spoke.

  Duan Qingshui and Lao Xu nodded at the same time, and the three of them reached a unanimous point of view.

.

 ….

at the same time.

 Inside the Glexi Provincial General Distribution Office.

Chao Zhiwei’s face is not pretty, because judging from the current court hearing.

 Far from achieving the effect he wanted, it has even achieved the opposite effect.

 This may have a huge impact on Glee's reputation.

To be honest, Cao Zhiwei was very unhappy about this sentencing hearing.

 But he didn’t say much.…

Instead, he watched the live broadcast of the court hearing that was in recess. He didn't know what he was thinking in his heart and fell into silence.

.

 ….

 Soon, the court recess ended.

Everyone's eyes were focused on the three members of the collegial panel, watching them walk to the trial bench.

Duan Qingshui sat on the bench and struck the hammer: "The adjournment is over."

 “Announce the verdict now!”

Clerk: “Everyone stand up!”

 Members of all parties to the trial stood up, and Duan Qingshui began to read out the verdict:

“The reason for the appeal in this court hearing is: the appellant Lin Yong believed that his sentence and judgment in the first instance were not consistent with the actual facts, so he filed an appeal,”

“This case will be heard by the Western Provincial High Court.”

“The collegial panel has now determined the defense, factual evidence, legal basis, etc. of this trial, and the verdict is as follows:”

“This court believes that part of the first-instance judgment is not applicable to Lin Yong’s conduct.”

“First: Lin Yong’s purchasing and selling of pirated drugs is not for profit.”

“Second: Lin Yong’s behavior does not constitute a serious crime.”

"based on above."

 “Reject the result of the first instance judgment.”

“According to the available evidence, Lin Yong’s behavior was relatively harmless and the circumstances were minor.”

 “But because of smuggling.”

“Sentenced to one month’s imprisonment.”

“Because of Lin Yong’s behavior, it does not constitute relevant harm.”

“Therefore, the judgment shall not be enforced.”

“This judgment will be determined by the Western Province High Court. If the prosecution or prosecutor has any objection to this judgment.”

“You can lodge a protest or submit a supervisory review to the relevant department.”

“The judgment will be issued to all parties within ten working days.”

 “The verdict is over and the court is closed!”

 With the fall of the hammer, this trial ended.

At the appellant’s seat, Lin Yong was a little surprised when he heard the verdict.

 Only sentenced to one month of criminal detention? !

 And there is no need to enforce it!

 This is a huge surprise for Lin Yong!

Although he doesn’t understand the Dharma, he still understands it.

 No enforcement means that you no longer need to stay in the detention center and have a free status.

 From four years’ imprisonment to one month’s detention, the gap is huge!

Other than surprise, there is no other emotion that can express Lin Yong's mood now.

Su Bai took a long breath after hearing the verdict.

This case has been decided here, and it is finally over!

Li Xuezhen on the side also breathed softly and patted her chest.

to be honest.…

 This time let a client who has done good deeds re-sentence.

 Compared to giving it as a gift, I feel a much greater sense of accomplishment! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)