As a Lawyer, You Sent the Judge In?
Chapter 430: I am afraid that the content of this statement is not meant to scare people straight.
Chapter 430 The content of this statement is probably not to carry people directly in!
After deciding to entrust Li Dong with this case.
Su Bai quickly sorted out the materials needed for the appeal in the second instance.
In the judgment of the first instance.
Because the aid lawyer who helped Li Dong in the lawsuit was not very responsible.
In the first instance, a lot less evidence was submitted and not many opinions were stated.
Li Dong’s lawyer’s main message is to plead guilty and accept punishment.
As a result, there was a lot of evidence that was not admitted and a lot of missing opinions that did not appear in the first instance trial.
So during the second instance of appeal, Su Bai’s new viewpoints and new evidence were easily accepted by the second instance court.
New evidence has a certain probability of overturning the first-instance judgment.
Yang City Intermediate Court decided to accept this case!
In addition, Su Bai also applied to the prosecutor for Xiao Chunmei’s attending doctor from Yangshi Second Hospital to be allowed to appear in court.
This application was approved by the prosecutor.
However, Su Bai applied to the prosecutor in the form of a witness application.
Whether you agree or not depends on the opinions of the parties involved.
Yang City Second Hospital, office of the attending physician in the Department of Nephrology.
As Xiao Chunmei’s attending doctor, Lin Wenjie is sitting on the chair in his office, looking at this month’s drug performance bonus on his mobile phone.
Looking at the performance bonus on his phone, Lin Wenjie frowned slightly.
“This month’s performance bonus is a bit low! It’s nearly 1/3 less than last month! It seems like we have to continue working hard next month!”
Lin Wenjie muttered something silently, with a hint of displeasure on his face.
Then he took a sip of tea and then sent a voice message to one of his patients.
The voice in the voice is full of care.
“Your wife’s disease requires better medicine. If she doesn’t take better medicine, her condition cannot be controlled.”
“Just follow what I said and go to the drug store I recommend to buy it. Yes, that imported drug is a little more expensive, but it is very effective and has a very good effect on your wife’s disease!”
“Don’t look at the price, you have to look at it in the long term. Of course, you don’t have to buy it at all. As long as you don’t pay attention to your wife’s condition, you can say anything.”
“Yes, yes, yes...mention my name and you can get a 20% discount.”
On the other end of the phone, the unknowing patient was still thanking Lin Wenjie.
Lin Wenjie looked at the phone interface, showed a satisfied smile, and then continued to reply.
"You don't have to thank me. As long as your wife can cure her illness, everything will be fine."
“Okay, let’s just say this first, I still have several patients who need to be treated.”
After sending the message, the corners of Lin Wenjie’s mouth raised slightly.
I took a sip of tea and was about to send a message to the next person when suddenly the phone rang.
Seeing Vice President Wang's phone number written on it, Lin Wenjie immediately answered the call, put away the smug expression on his face, and suddenly became serious:
“Dean Wang...what’s the matter with you calling me?”
Vice President Wang on the other side of the phone spoke slowly:
“Did you have a family member of a patient named Li Dong under you before?”
“He was the one who caused trouble in our hospital some time ago, and was arrested by our hospital after calling the police, remember?”
Lin Wenjie thought for a moment, and then hurriedly replied:
“Remember remember.”
“His wife has uremia, and I remember this patient’s family members very clearly.”
"What's the matter? This Li Dong, I remember, is just an ordinary person. Does he have any relatives working somewhere?"
Lin Wenjie asked cautiously.
Vice President Wang said calmly: "That's not true, but there is one thing."
“Now the procuratorate has contacted our hospital and said it wants to contact you and ask if you want to go to court.”
“Because this case seems to have something to do with you.”
"But I know the person in charge at the Procuratorate. He informed me in advance, and then I turned around to ask for your opinion."
“Do you want to go to court for this case?”
After Lin Wenjie heard what Vice President Wang said, he asked again:
“Dean Wang, let me ask you, what’s the point of my appearance in court?”
“I don’t know about this, I just came here to ask for your opinion.”
Vice President Wang came here specifically to ask for his opinion, and Lin Wenjie also knew what this meant.
Vice President Wang must have wanted him to appear in court, otherwise why would he have called him?
Thinking of this, Lin Wenjie agreed immediately.
“Dean Wang, I’m in court.”
On the other end of the phone, Vice President Wang nodded slightly:
“Okay, then you should understand the situation of this case in advance.”
“Our hospital will also have a lawyer accompany you to court, so you don’t have to worry.”
“Okay, Dean Wang, thank you for your concern, Dean Wang.”
"Um."
After saying that, Vice President Wang hung up the phone.
Looking at the hung up phone, Lin Wenjie's eyes flashed with thought.
This case requires him to appear in court?
What is the relationship between this case and him, and why is he required to appear in court?
He remembered clearly that Li Dong came to harass him many times and accused him, but there was no evidence.
He was afraid of any trouble, so he hinted to the hospital that there might be something wrong with Li Dong's payment slip.
Later, the hospital really found out that there was something wrong with the payment form.
So the police were called and Li Dong was sent in.
Several months have passed since this incident, and he remembered that the result of the first trial had already been announced, and it seemed that the sentence was two or three years.
But he couldn’t remember this thing clearly, because he didn’t care and only found out about it when his colleagues talked about it.
But now...
The second trial required him to appear in court, which Lin Wenjie didn't understand very much.
If you don’t understand, you don’t understand. He has already agreed to this matter, so he must go.
Besides, the hospital’s lawyers are also top-notch, so there won’t be any other problems.
Thinking of this, Lin Wenjie felt relieved a lot.
"Just go... It's not like I haven't attended a court hearing like this before. It's like taking a vacation."
.
….
On the other hand, after accepting the case, Yang City Intermediate Court has issued the court date to all parties.
Today is the court session.
Before the hearing of this case, Su Bai applied to the Xiangyang City Intermediate Court for a public hearing.
And published a certain analysis on this case on the account of Bai Jun Law Firm.
Some of the details have been omitted, mainly describing the circumstances of the case.
Li Dong’s case involves a very topical content—
Situations in which hospitals prescribe medicines indiscriminately and at exorbitant prices.
To be honest, this situation is not uncommon, but situations like Li Dong’s are very rare!
Whether it was engraving an official seal privately to save his wife, or the hospital prescribing drugs at high prices, or doctors in the hospital engaging in suggestive behavior.
These three points, no matter which one is taken out, are very explosive.
Enough to be on the hot search list.
Because medical care is a livelihood issue that ordinary people are concerned about.
Many people are ordinary people and cannot afford to see a doctor. What if it becomes a difficult thing to do?
Hence, Li Dong’s case has received relatively high attention.
Of course...before the trial, the short video account posted only some simple content.
There is no detailed process.
But even so, it attracted a lot of attention from fans and media coverage. In addition, the Yang City Intermediate People’s Court also approved Su Bai’s application for a public hearing before the hearing.
At the court hearing.
After the staff introduces the parties to the court hearing seats, the collegial panel enters.
At the judgment seat.
As the presiding judge hearing this case, Wei Guoming briefly organized the case before the trial.
In this case, overall, Li Dong is guilty.
Because the evidence of Li Dong's crime of privately engraving an official seal is very clear, and the evidence chain is also very complete.
There is no doubt about this.
There is no problem with the amount of fraud.
From this point of view, the only thing Li Dong and his attorney can do in this case is to defend the sentence reduction.
Since the first instance also involved picking quarrels and provoking trouble, in Wei Guoming's view, there was no problem in the first instance judgment of three years and six months' imprisonment.
but.…
Wei Guoming was also very clear that in the first-instance case, the judgment of "picking quarrels and provoking trouble" was somewhat inappropriate.
but!
How to decide the second instance will depend on how the appellant, Li Dong’s lawyer, expresses his opinion.
Look at the appeal of the appellant.
Thinking of this, Wei Guoming, as the presiding judge, struck the hammer and then continued to speak:
“The cause of this case: The appellant Li Dong believed that the sentencing was inconsistent with the sentence in the first instance.”
“And some of the charges are inappropriate.”
“Apply for second instance, overturn the first instance judgment, and defend the sentence reduction.”
“Does the lawyer appointed by the appellant have any objections to this point?”
Seeing the presiding judge's eyes fall on him, Su Bai sorted out the materials in front of him.
In this case, Li Dong, as a criminal suspect, does have criminal facts.
No matter what his motives are.
But it is true that he infringed on the interests of the hospital by engraving the official seal privately.
The fact of fraud is established.
So from this point of view, the fact of Li Dong’s crime cannot be denied.
In other words, a not guilty plea cannot be made.
Only defense for commutation of sentence can be made.
After finishing sorting it out, Su Bai slowly said: "Presiding Judge, we have no objection."
Wei Guoming heard that the appellant had no objection.
Then let the prosecutor begin to state the criminal facts of Li Dong in this case and the content of the accusation.
The content of the prosecution's accusation is not much different from that of the first instance.
Roughly speaking, Li Dong was accused of committing the crime of picking quarrels and provoking trouble, and he was also charged with fraud.
Describe the details of the crime.
Finally, the prosecutor made another statement: “The prosecutor does not agree with the above-mentioned party’s lawsuit application and requests the presiding judge to uphold the original judgment of the first instance.”
At this point, the prosecutor’s statement ends.
The prosecutor’s statement was very simple, but what did Su Bai want to do?
What Su Bai has to do is to minimize the maliciousness and seriousness of the prosecutor's statement.
This is also the most important point in defending commutation of sentence!
When the presiding judge requires the appellant to make a statement.
Su Bai began to make a statement.
“Presiding Judge, we do not agree with the prosecutor’s proposal to uphold the original judgment of first instance.”
“The specific views are as follows.”
“First, the prosecutor stated that we have engaged in provocation, provocation, and fraud.”
“We do not agree with the concept of picking quarrels and provoking trouble.”
“According to the legal understanding of picking quarrels and provoking trouble.”
“First of all, we did not team up with others to go to the hospital to ask for an explanation. Secondly, we did not endanger public safety.”
“What did our client do when he went to the hospital?”
“The purpose of our client Li Dong going to the hospital is to ask for an explanation!”
“Li Dong thought that the medicine fee prescribed by the hospital was very unreasonable, so he went to consult the hospital and asked for an explanation.”
"What's this?"
“This is to protect one’s legitimate rights and interests!”
"How do we call it picking quarrels and provoking trouble? Could it be that safeguarding one's own legitimate rights and interests is also called picking quarrels and provoking trouble?"
“Did Li Dong endanger public safety? Or cause other major property losses?”
"nothing!"
“So we believe that the crime of picking quarrels and provoking trouble is not established.”
What is the crime of picking quarrels and provoking trouble? Say it 100 times, almighty sin!
This crime of picking quarrels and provoking trouble is applicable to many situations!
Su Bai first stated the crime of picking quarrels and provoking trouble because this crime is very easy to refute.
Let’s not talk about other things first, in the case of general rights protection, how to determine picking quarrels and provoking trouble? It cannot be considered as picking quarrels and provoking trouble!
After stating the content of picking quarrels and provoking trouble, Su Bai continued to state the issue of sentencing for fraud.
The most important thing in this case is the conviction for fraud.
The sentence imposed is also closely related to the conviction of the crime of fraud.
So this is also the key point of Su Bai’s statement.
Just listen to Su Bai's statement: "About the crime of fraud."
“Our client used a fake official seal that was carved privately to try to deceive him about the medical expenses he paid.”
“We admit that we have committed fraud and plead guilty and accept punishment.”
"But regarding the plot, I want to express something -"
“After we used a fake official seal to submit our medical expenses for the first time, we paid a total of 28 times.”
“Among them, only 12 medical expenses were submitted using fake official seals.”
“The amount that was deceived was 168,000, that is, the amount of fraud was this much.”
“But the fee paid is as high as 240,000.”
“From this point, it is obvious that we do not engage in particularly serious subjective fraud.”
“A little more.”
“We did not commit fraud subjectively at the beginning, but it was due to the hospital’s negligence that we committed fraud.”
At the trial table, Wei Guoming frowned slightly when he heard Su Bai's statement.
“Please make a detailed statement from the appealing party.”
“Okay, presiding judge.”
“Based on what our client has stated.
Our client only came up with the idea of using a fake official seal to pay the fee when his wife’s doctor, Lin Wenjie, repeatedly advised her to buy high-priced medicines and was unable to afford them. "
“And the reason why our client Li Dong used a fake official seal to pay the fees.”
“It’s because of the hints made by his attending doctor Lin Wenjie to our client Li Dong.”
“Causing him to have this idea.”
Hearing Su Bai's statement, the entire courtroom fell into silence for a moment.
? ? ? ?
What?
The attending doctor hinted to Li Dong to use a fake official seal to pay fees? !
What the hell? !
Lin Wenjie, who was sitting in the court hearing room, felt dizzy after hearing Su Bai's statement.
He finally understood now why he had to appear in court in this trial!
Looking at the statement made by Li Dong’s lawyer, it’s obviously aimed at him, right? ! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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