As a Lawyer, You Sent the Judge In?
Chapter 434: The trial is over, it’s time to investigate and deal with
Chapter 434 The trial is over, it’s time to investigate and deal with it!
At the judgment seat.
Wei Guoming made a brief summary after listening to the court statements from both parties.
In general.
The court statement by Zhou Wei from the hospital seat did not have much influence on the verdict of the case.
This trial is about Li Dong’s criminal behavior.
Objective factual factors will definitely be taken into consideration.
What did Zhou Wei state?
What Zhou Wei stated was also to remind the judge to consider objective and realistic factors.
This part is overlapping.
Hence, the content of its statement has little impact on the final outcome of the judgment.
It is even so small that it can be ignored.
The prosecutor's statement was also based on objective aspects and had little impact on the trial.
What is important and critical is the statement made by Su Bai, the lawyer entrusted by the appellant.
This time it is a public hearing.
And what Su Bai stated met the conditions for commutation of his sentence.
It can be said that the conditions for commutation of the sentence have been fulfilled.
For example, subjectivity, nature of the crime, criminal intent and the final damage caused by the crime.
These are the key points stated by Su Bai, and they are also the key points for commuting the sentence.
Similarly, in these contents, what Su Bai stated has objective legal factors.
In Wei Guoming's tendency, he also recognized what Su Bai stated.
but.…
Specific commutation circumstances and how to plan the commutation period.
This point needs to be discussed with the other two judges.
Think of this.
Wei Guoming banged the gavel: "Now the collegial panel has finished hearing the court statements from all parties."
“The collegial panel still needs to discuss the outcome of this judgment.”
“Adjourn the court!”
“The court will convene to announce the verdict in an hour!”
The gavel fell.
Enter the adjournment stage.
Hearing the presiding judge adjourn the court, Su Bai took a deep breath.
Based on the court statement just now.
Neither the statements of the public prosecutor nor the hospital could achieve the purpose of upholding the judgment of the first instance.
His statement has a high chance of achieving a reduced sentence.
When the court is adjourned at this time, there is a high probability that it will be discussed to what extent the sentence can be reduced.
Although Su Bai didn't know the specific situation, he was certain that the penalty imposed on Li Dong in this trial would not be too severe.
Why are you so sure?
Because both from a legal point of view and from an emotional point of view.
What Su Bai stated has certain necessary conditions for a reduced sentence.
“Now we just need to wait for the collegial panel to discuss and know the result of the commutation.”
Su Bai thought silently in his heart.
Beside, Li Xuezhen also breathed softly and turned her head:
“Lawyer Su...what do you think this sentence will be?”
Su Bai smiled and said: "I'm not sure about this, but what's certain is that no matter what, I will definitely get a suspended sentence!"
After hearing Su Bai’s reply, Li Xuezhen’s face was full of smiles:
"A suspended sentence... If it is really suspended, it would be a very good thing for Xiao Chunmei and Li Dong!"
Su Bai smiled and nodded without saying anything.
Because no matter from which point of view, a suspended sentence is indeed a good thing!
On the other hand, many viewers in the live broadcast room of the public trial made certain guesses about the outcome of the case after listening to the statements of the three parties.
Some people even analyzed the number of years of reduced sentences for the entire case.
However, after everyone analyzes it, they will add that this is just a rough guess based on personal analysis results, not the actual results.
after all.…
No matter how they analyze it, the final result is the result of discussions between the presiding judge and the members of the collegial panel.
They do not know the subjectivity of the presiding judge and members of the collegial panel, so all speculations are just speculations.
In the court.
In the collegial court discussion room.
Wei Guoming was discussing with two other members of the collegial panel how Li Dong's sentence should be sentenced.
Wei Guoming first took the initiative to express his views.
“As for the verdict of Li Dong in this case, my preference is not to uphold the verdict of the first instance, but I have not considered the specific circumstances of the reduced probation period.”
“What do you two think?”
The other two judges also had their own views on this case.
Wang Dong, who was sitting on the right side of Wei Guoming, after Wei Guoming finished stating his views.
As the judge this time, he expressed his opinion: "My opinion is consistent with that of Judge Wei."
“It’s also a view of commutation.”
“In this case, I think Li Dong was involved in many aspects of commutation.”
“It’s a case of fraud because there is really no other way out.”
“Secondly, it did not cause serious losses to other people’s personal subjects.”
“But in any case, Li Dong was indeed involved in fraud, and the amount of fraud exceeded the minor circumstances.”
“Anyone who exceeds 100,000 yuan will be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years according to the laws of our country.”
“I support a light sentence, but our sentence must not be less than three years, right?”
At this time, another judge also expressed his opinion:
“I also support a light sentence.”
“The law does not support less than three years, but it does not say it cannot be equal to three years.”
“My idea is to give him a suspended sentence, three years in prison and four years of probation.”
“This should be reasonable, right? Besides, the situation like Li Dong’s is special. Our country’s laws support suspended sentences. I don’t think there is any problem with a suspended sentence.”
After listening to the statements of the other two judges, Wei Guoming, as the presiding judge, nodded slightly.
“There are no big problems with both of your statements. The crime of fraud over RMB 100,000 is indeed punishable by no less than three years in prison.”
“But the sentence can be three years in prison, followed by a suspended sentence.”
“A three-year prison sentence with a four-year suspended sentence, I think this is okay.”
“If you two don’t have any opinions, then we will make the decision according to the sentence of three and four.”
The other two judges spoke: "No comments."
After getting the consent of the two people, the three people reached a unanimous opinion on the final decision of a three-year sentence with a suspended four-year sentence.
Subsequently.
The adjournment is over.
The court will be held again.
As the presiding judge, Wei Guoming sat on the bench and struck the hammer.
“The adjournment is over, the court will now resume!”
“The collegial panel has discussed and is now announcing the verdict!”
As the clerks all stood up, everyone’s eyes turned to the judgment seat.
Just listen to the presiding judge slowly speak: "The cause of this case."
“The appellant Li Dong believed that the first-instance judgment was not in line with the actual situation, and appealed to the second-instance court for a reduced sentence.”
"This case will be heard by Yangcheng Intermediate Court of this court." "The current verdict is as follows:"
“First: Overturn the result of the first instance judgment.”
“The criminal suspect Li Dong was sentenced to three years in prison and suspended for four years.”
“Second: It is judged that Li Dong should repay the fraudulent money of 168,000 yuan.”
….”
In terms of the verdict, there is only one difference between the second instance and the first instance, and that is the verdict on Li Dong’s prison term.
As for other verdicts, such as whether the hospital’s fraudulent money should be returned, there is not much difference from the first instance.
It can be said that the judgment of the first instance is directly retained.
The law is about causation, but it is also about factual relationships.
It is true that he made a fake official seal to avoid paying medical expenses, so the money should be returned.
There is no big problem with the judgment of the second instance.
Soon, the presiding judge finished stating the contents of the verdict and banged the hammer: "Close the court!"
With the solemn word "Closed Court" came the words.
The trial is over.
Li Dong, who was sitting on the appellant's seat, was still a little confused.
Probation?
With this suspended sentence, does he not have to go to jail and can continue to take care of Chunmei?
Li Dong, who suddenly realized this, looked at the lawyer's seat with a dull expression.
Then there was a hint of surprise in his expression.
A reprieve!
Su Bai saw Li Dong's surprised expression, smiled slightly, and nodded.
In Su Bai's view, there is basically no big problem with the suspended sentence.
is to be expected.
.
….
Across the entire court hearing.
Those who are most concerned about this judgment are Li Dong, Xiao Chunmei, Su Bai and Li Xuezhen
As for others, they were not too concerned about Li Dong’s verdict.
Especially Lin Wenjie and Zhou Wei.
Because their demands are different, one of them is worried that his future future will be hindered.
The other is worried about the hospital's reputation being damaged.
So the two people seemed not to be so concerned about Li Dong's verdict.
They are just worried about what will happen to them after this case is over.
After hearing the presiding judge’s announcement to close the court, Lin Wenjie turned to look at Zhou Wei standing aside.
“Lawyer Zhou...Now that the verdict has come out, it seems to have nothing to do with me..."
“Do you think anything will happen if I go back to the hospital?”
Zhou Wei: “?”
Lin Wenjie asked this question very cleverly. Will anything happen after returning to the hospital?
To be honest, he really couldn’t answer.
What situation is Lin Wenjie involved in?
What he was talking about was setting a high price in order to get a high commission, and hinting to Li Dong to engrave the official seal privately.
It doesn't matter if it's the former, because the hospital has regulations in this regard. As long as there is a sanction on the surface, there is no other big deal.
But what is the key?
The key thing is to hint at the matter of engraving the official seal privately!
The hospital did not receive this medical fee, but it still needed to share it with Lin Wenjie.
Lin Wenjie went to collect the wool of the patients and the hospital together.
This matter needs to be seen by the hospital leaders to see if they can speak for Lin Wenjie.
If you speak for Lin Wenjie, then Lin Wenjie may not have a big problem.
But if this matter makes the hospital leaders angry.
If the leadership of the hospital conducts an in-depth investigation and reports the case, then Lin Wenjie is likely to be criminally punished.
Zhou Wei didn’t know how to reply to Lin Wenjie, so he didn’t reply directly, but just gave some hints:
“Look at the attitude above.”
Look at the attitude above?
Lin Wenjie immediately understood what Zhou Wei meant and thanked him with a smile: "Thank you, Lawyer Zhou, for the reminder."
After leaving the court, Lin Wenjie immediately called Vice President Wang, explained the situation in detail, and expressed his attitude of admitting his mistake.
“Vice President Wang…this is what happened. I know I did something wrong at the beginning, but…”
“I was also in a state of confusion at the time, and I never thought that such a thing would happen.
I really didn’t directly tell Li Dong to engrave the official seal of the hospital privately to pay the medical expenses. "
“Who would have thought that Li Dong would go and engrave the official seal of the hospital!”
“He’s absolutely crazy!”
“Vice President Wang...this is basically what happened. I know that after this incident came out, my reputation in the hospital was ruined.”
"But...Vice President Wang, I have been following you for so many years...you must help me with this matter!"
On the other end of the phone, Vice President Wang’s voice was deep and he spoke slowly:
“I just read the specific story of this case and the detailed process.”
"There is no evidence to prove that you have done those things. I will say hello to the hospital leaders for you."
“Okay, thank you, Dean Wang!”
Hearing Vice President Wang’s promise to settle the matter, Lin Wenjie took a long breath.
how to say.
He has been with Vice President Wang for so many years and can be considered a confidant. Vice President Wang knows more or less about the things he has done.
As long as Vice President Wang helps him this time, the remaining problems will basically not be a problem.
It may have a certain impact only on the evaluation of professional titles or other aspects.
However, this impact is much less serious than losing your job directly!
“The result is good!”
Lin Wenjie grinned and thought silently in his heart.
And the other side.
Su Bai, Li Xuezhen, and Xiao Chunmei walked out of the court hearing.
Xiao Chunmei kept thanking Su Bai: "Lawyer Su..."
“I still have to thank Lawyer Su a lot for this court hearing, if it weren’t for Lawyer Su.”
“In this case, it is impossible for Li Dong to receive a suspended sentence.”
“Thank you, Lawyer Su.”
While saying this, Xiao Chunmei bowed to Su Bai again.
Su Bai quickly helped Xiao Chunmei up, and then said:
“This is what I should do as a client lawyer.”
"it's nothing."
Li Xuezhen on the side also came to comfort Xiao Chunmei.
After a while, Xiao Chunmei waited for her emotions to calm down, but her words were still full of gratitude.
but.…
After a while, Xiao Chunmei murmured to herself again:
“It’s just a pity.”
“Only now do I know the whole truth.”
“If Li Dong had told me these things back then, I wouldn’t have known anything.”
“I won’t take such expensive medicine.”
“But having said that, it’s really not good that doctors like Lin Wenjie have not been dealt with.”
Hearing Xiao Chunmei’s complaint, Su Bai smiled:
“This trial is about Li Dong’s commutation, not Lin Wenjie’s.”
“So there was no problem with Lin Wenjie at the trial.”
“But this does not mean that Lin Wenjie will not be investigated in the end!”
Xiao Chunmei looked at Su Bai in surprise when she heard this.
Can Lin Wenjie be investigated in the end? .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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