As a Lawyer, You Sent the Judge In?

Chapter 432 states the important content and determines the first result!

Zhou Wei’s statement is very simple—

 There is no evidence to prove that Lin Wenjie deliberately sold high-priced drugs.

And there is no evidence to show that Lin Wenjie hinted at Li Dong's behavior of engraving the official seal.

 So in this case, the statement made by the lawyer entrusted by the appellant, that is, Su Bai, is very weak.

 Failed to achieve the purpose of the accusation.

 In addition, the audience watching this live broadcast heard Zhou Wei’s statement.

 Many people feel angry.

　　Many locals even came out to accuse: "What this lawyer said is bullshit!"

“Who among the locals doesn’t know that the medicines prescribed by the Second Hospital are all fake, they can’t cure people, and they are all very expensive?!”

 “This Lin Wenjie is almost becoming a black doctor in the eyes of those who know him!”

“Anything that has no purpose is just fart!”

However, many people who understand the law who learned the true situation in the comment area still pointed out the key to Zhou Wei’s statement.

“The statement made by the hospital lawyer makes a certain amount of sense to be honest. How can we judge it without evidence?”

 “Without evidence, we can’t judge at all!”

"Lawyer Su, can you provide relevant evidence to prove it? It seems unlikely!"

　　　….”

 In the comment area, someone pointed out that it is impossible to make a judgment without evidence. This is correct.

  In other words, there is no problem.

 But what is going on in Su Bai’s opinion?

In Su Bai’s view, there is nothing wrong with Zhou Wei’s statement.

He indeed could not produce any evidence to show that Lin Wenjie had hinted at Li Dong's behavior.

 But why did he actually state it like this?

Still need to go back to the case itself, what is the most critical thing about this case?

 The most critical issue is still to defend the sentence reduction!

 In terms of the determination of provoking quarrels and provoking trouble, there is a very high probability that the presiding judge will decide that this crime will be dismissed.

 However, in terms of defrauding the hospital, Li Dong’s criminal behavior needs to be significantly mitigated.

 At this point, we must look at the subjective motivation and purpose of Li Dong's criminal behavior.

  and other conditions for commutation of sentence.

Why did he state at the trial that Lin Wenjie deliberately hinted and sold drugs at high prices?

 It was because he wanted to tell Li Dong's subjective wishes to the presiding judge.

Rather than proving Lin Wenjie's "guilt".

 Because this trial has nothing to do with Lin Wenjie.

 So all the purposes stated are centered around mitigating Li Dong’s criminal punishment.

 Of course... Zhou Wei's statement just now is not without any effect.

 Zhou Wei’s statement just now has a very important explanation, that is, it shows that Li Dong’s subjective will is his own behavior.

So, what does Su Bai need to state?

What Su Bai needs to state is that Li Dong’s subjective will is not entirely his own behavior.

  It is a "forced" situation.

 The high price of medicines makes Li Dong unable to afford it. Is this a forced situation?

yes!

So Lin Wenjie’s hint to Li Dong was forced?

same with!

 These two things can greatly alleviate Li Dong's subjective will, thereby reducing his punishment.

 So the key content of this defense is to start from these two things.

Facing the statement put forward by Zhou Wei, Su Bai raised his hand:

 “Presiding Judge.”

“We have some materials that have been confirmed and inspected by the Bureau of Physical Evidence.”

 “Want to show it at the trial.”

 “Okay, please ask the appellant to entrust a lawyer to present it.”

After getting the consent of the presiding judge, Su Bai simply sorted out the materials in front of him, and then spoke slowly:

“What I have in my hand now is some relevant information about Yangcheng Second Hospital.”

“It also includes the internal situation and some related situations of Lin Wenjie.”

“According to data from Yangcheng Second Hospital, attending doctors can get a certain percentage of the profits from prescribing medicines to patients.”

“At the same time, Lin Wenjie, the pharmacy he often recommends, has a kinship relationship with him.”

“In addition, the more important point is, according to Lin Wenjie’s statement.”

“The drugs he recommended are all drugs that are beneficial to Li Dong’s wife Xiao Chunmei and can suppress the effects of her illness.”

 “But what is it actually?”

“The fact is that these drugs do not have much effect on uremia, and may even increase the burden on the kidneys and cause certain harm!”

“Lin Wenjie keeps saying that it is good for his patients, so why does he still recommend this drug?”

“As the attending doctor, doesn’t he even know the efficacy of the most basic medicines?”

“If he doesn’t even know the efficacy of the most basic medicines, why would he recommend such expensive medicines to Xiao Chunmei?”

 “This is worth pondering!”

“The more important point is that we didn’t state it just now.”

“That’s the amount our client paid for the medicine.”

“We went to Yangcheng Second Hospital at that time. Without Lin Wenjie being in charge of treatment, our monthly medical cost was less than 1,000 yuan.”

“But after Lin Wenjie took charge of Xiao Chunmei’s treatment, the monthly medication cost gradually increased from less than 1,000 yuan to about 5,000 yuan.”

“Even among some of the later recommendations, imported drugs are recommended, and the monthly drug consumption can reach 9,000 yuan!”

“The more important point is that when Li Dong used a fake seal to pay for medical expenses, Lin Wenjie significantly increased the medical expenses.”

“He even prescribed medical expenses of 30,000 yuan a month.”

“Don’t Lin Wenjie know about Li Dong’s family conditions?”

“In Li Dong’s statement, he mentioned to Lin Wenjie many times that his family’s financial situation was poor and he hoped to be able to prescribe some cheap medicines.”

“So from this point of view, Lin Wenjie knows Li Dong’s family conditions and knows that he cannot afford 30,000 yuan a month’s medical expenses.”

“Then why did Lin Wenjie do this?”

 “What is his purpose for doing this?”

“The purpose is clear, he can get a certain percentage of the prescribed medicine.”

“Going back to the topic, does Lin Wenjie know that Li Dong used a fake seal, and did he engage in any suggestive behavior?”

“Through the above statutory scenarios and legal logic, it can be seen that what Lin Wenjie did was very wrong.”

 “And behave abnormally.”

“From a motive point of view, Lin Wenjie deliberately charged high prices for medicines, which is in line with the legal situation.”

“And there is another very important thing, that is, Yangcheng Second Hospital, whenever using the payment form, the attending doctor will take a look first.”

  “Carry out relevant confirmations.”

“Why didn’t Lin Wenjie notice Li Dong’s bill for so long?”

"But when Li Dong made trouble to the hospital, the hospital conducted an investigation into Li Dong?" "These circumstances and facts are what we want to express. These do not mean that Lin Wenjie is guilty."

“Because this trial is only related to Li Dong, we are only asking and confirming some facts about Lin Wenjie, and making certain statements.”

“Even though we currently have no evidence that Lin Wenjie deliberately hinted at Li Dong and carved a fake official seal.”

“However, judging from the facts and legal circumstances, Lin Wenjie deliberately prescribed drugs indiscriminately to obtain high commissions.”

“There were certain circumstances that led Li Dong to intentionally commit a crime, so subjectively speaking, Li Dong did not deliberately commit a crime, but was forced to do so.”

 “This forced situation is a last resort.”

“What we just stated is very clear. In this case, Li Dong did not use a fake official seal to pay fees every time.”

 “It is a fraud carried out under a forced and helpless situation.”

"Just imagine.…"

“When your wife is suffering from illness, if you don’t get treatment, your wife will face death. Engraving a fake official seal can save your wife’s life.”

 “Does Li Dong have a choice?”

 “He has no right to choose, he has no ability to choose whether to use it or not!”

 “He can only use it!”

“This is also a way to protect his wife’s life, even though what he did was wrong and illegal.”

“However, in the process of committing this crime, he did not harm anyone else.”

“I just used a fake official seal to pay fees, which caused a certain amount of economic losses!”

“This process can be said to be a situation in which the act of rescuing others is carried out and forced to cause economic losses to others.”

“Based on the above, we believe that Li Dong’s sentence should be reduced in this case.”

　　　….”

 Su Bai’s statement is very long, but the core of the statement is also very short.

 First: Rejected the views of Lin Wenjie and Zhou Wei—it was not unprofitable for Lin Wenjie to ask Li Dong to buy expensive medicines.

 Second: Although there is no evidence to prove that Lin Wenjie hinted to Li Dong to pay medical expenses privately with an official seal.

 But this is not important. What is important is Li Dong’s subjectivity, whether it is forced.

 Is this proven?

 This has been proven by the medical expenses.

 And this is illustrated more clearly in the gradual increase in medical expenses just stated.

Even if there is no evidence to prove it, it is within the presiding judge’s preference.

 The verdict will be in favor of Li Dong.

 Third: It shows the second reason why Li Dong was forced, no money for treatment!

 Can Xiao Chunmei’s illness be delayed? There can be no delay.

 From a legal and emotional point of view, Xiao Chunmei’s right to life takes precedence.

 And Li Dong is Xiao Chunmei’s husband and has the right and obligation to take care of her.

 In ordinary court hearing situations.

 Although it is said that the law is just, the law is fair, and the law is serious.

 However, generally when faced with illegal acts that are committed to good deeds, the sentence will be lighter.

 This is also an important consideration in legal trials.

“The general situation has been stated so far, and the rest depends on the relevant judgment of the presiding judge.”

Su Bai raised his head and set his eyes on the judgment seat.

 At the bench, Wei Guoming served as the presiding judge.

 After listening to Su Bai’s statement, he sorted out the general situation.

 The current situation is that although Su Bai has not produced substantive evidence to prove Lin Wenjie's suggestive behavior.

  But it can be seen from the content of his statement that Lin Wenjie did deliberately sell expensive medicines to Li Dong.

Li Dong privately engraves the official seal, indeed there is this part of the reason.

 There is a certain degree of compulsion in its subjectivity.

but.…

 This case only received a certain amount of defense, and there are still many areas that require further determination.

　　For example, this is the identification of picking quarrels and provoking trouble.

 Should it be rejected?

Thinking of this, Wei Guoming banged the hammer and looked at the prosecutor's seat:

“Does the prosecutor have any other opinions that need to be stated regarding the determination of picking quarrels and provoking trouble?”

Facing the presiding judge’s question, the prosecutor simply sorted out the materials in front of him.

Through the statements made just now by the hospital lawyer and the lawyer appointed by the above-mentioned person.

 The prosecutor also knew very well what kind of situation Li Dong was facing in this case.

 The judgment of picking quarrels and provoking trouble. In the judgment of the first instance, the prosecutor was also very clear that there were certain problems.

This kind of question does not mean that there is any inside story, but that the court does not need to make a judgment at all.

 The presiding judge's question actually showed an attitude.

 That is - not inclined to judge as provoking behavior.

Rather, it was determined that Li Dong’s behavior of “making trouble” at the hospital was legal.

so.…

In response to the presiding judge’s question, the prosecutor responded:

“Presiding judge, we have already finished describing the situation of provoking quarrels and causing trouble just now.”

 “There are no objections at the moment.”

"OK!"

 At the trial table, Wei Guoming banged the hammer and directly sentenced him to the crime of provoking quarrels and provoking trouble.

“Considering the first-instance judgment proposed by the above parties, the appellant Li Dong acted unreasonably by picking quarrels and provoking trouble.”

  “Judgment here—”

“The court of second instance determined that Li Dong acted in defense of his own rights when he went to the hospital to ask for an explanation.”

 “Does not meet the legal definition of picking quarrels and provoking trouble.”

　　咚咚!

 The gavel was struck, and the judgment was over.

 Then, the presiding judge turned his head and looked at the hospital seat.

Now that the judgment on picking quarrels and provoking trouble is completed, the next step is to judge the definition of fraud.

It has been specifically stated before that the criminal facts and criminal circumstances of Li Dong’s fraud have a complete chain of evidence.

 There is no escaping this.

 The key now is what sentence should be appropriate based on the circumstances of commutation.

so now.…

  We need to hear the hospital's views on the seriousness and consequences of this case.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)