Lawyer's character

After leaving the detention center, Fang Yi and Yun Qiao got in the car and returned to the law office.

"Master, can Chu Guangxian's case constitute the crime of producing and selling counterfeit drugs?" Yun Qiao asked.

"I feel that selling counterfeit drugs should be constituted, but it is not necessarily a crime. You can check the regulations when you go back. I feel that this case is a bit like a medical accident. You can check the information in these two directions. We will meet the family members later. "Fang Yi replied.

"Okay, let's go to the procuratorate in the afternoon to review the papers. Should we go back to the law firm at noon? It will take an hour to go back and forth." Yun Qiao asked Fang Yi for his opinion.

"I won't go back. I'll find a place to have some food at noon, then take a rest, and then go to the procuratorate to review the papers in the afternoon." Fang Yi replied.

In the afternoon two days later, Chu Hua and his mother Ding Caifang came to the law firm again.

"Lawyer Fang, how is my husband's case...?" Ding Caifang asked eagerly when Fang Yi came in and waited for him to sit down.

"We've already seen the case file and talked to your husband. I won't beat around the bush with you.

The capsules Dr. Chu used for the victim had not been inspected, approved or reviewed by any drug regulatory agency, and the prescriptions he used were not given by designated medical institutions, let alone meet national standards.

Therefore, we believe that there is nothing wrong with the public security organs and the procuratorate’s determination that the medicine Dr. Chu gave the victim was counterfeit. "Fang Yi said.

"Ah! Are you saying that my dad is definitely guilty of producing and selling counterfeit medicines? He will go to jail?" Chu Hua asked hurriedly.

"This is not necessarily true. What I mean is that although Dr. Chu is suspected of selling counterfeit drugs, it does not necessarily constitute the crime of producing and selling counterfeit drugs, because the number of capsules he prepared is relatively small, and it is for specific patients, not for the general public.

But after all, the patient died after taking the medicine he prescribed. I am more inclined to believe that this was a medical accident. Dr. Chu may be guilty of medical malpractice. "Fang Yi explained.

"Then what's the difference between these two crimes? In terms of sentencing?" Ding Caifang asked anxiously.

“According to the provisions of the Criminal Law, whoever commits the crime of producing or selling counterfeit drugs and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and shall also be fined or have property confiscated.

If a medical staff causes the death of a patient or seriously damages the health of a patient due to serious irresponsibility, the crime of medical malpractice shall be constituted and he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

There is a big difference between the two sentences. Our suggestion is to lean towards the crime of medical malpractice and try to get Dr. Chu to receive a suspended sentence. Of course, it is difficult to say whether the court will ultimately accept our defense opinion.

Do you want to continue the commission? "Fang Yi explained.

"If I entrust you to defend my father, how much will the lawyer's fees cost?" Chu Hua hesitated and asked.

"The lawyer's fee is 50,000 yuan," Fang Yi replied.

"Fifty thousand... let's go back and discuss it, and we'll get back to you in the next couple of days." Chu Hua looked at his mother and said.

"Okay, I'll wait for your call." Fang Yi and Yun Qiao stood up and sent Chu Hua and his son out the door.

…

The trial of Shi Yalan's intentional homicide case finally opened. But what Fang Yi didn't expect was that a camera was actually set up at the court hearing in the Provincial High Court. People from the provincial TV station came, as well as reporters from several well-known newspapers in the province. They held long guns and short cannons in their hands and filled the auditorium. The first two rows are fully occupied.

As soon as Fang Yi and Shi Rong, the defendant's father, entered the courtroom, they were immediately surrounded by reporters with certificates hanging around their necks, asking questions.

Fang Yi avoided reporters and took Yun Qiao to the defense table on the grounds that the court was about to begin and it was inconvenient to answer questions.

"Master, this is so outrageous that I can't even walk anymore. Big scene, absolutely big scene." Yun Qiao muttered in a low voice after placing the documents required for the court session.

"This scene is for the defendant, not for us. These reporters have gone to the Women's Federation and Shi Rong's house before, just to get some fresh materials and go back to make explosive news." Fang Yi scanned He glanced at the people in the auditorium and said calmly.

"Really, reporters came to our law firm before, but they were blocked by the front desk. It is said that a reporter found Boss Wan through connections. Boss Wan said that the case had not yet been heard in court and it was not convenient for interviews, so he was blocked." Yun said. Joe chuckled.

"Boss Wan is playing hard to get. He leaked the news in advance. How can this case be so sensational?! Haha..." Fang Yi understands the fat old man like a farmer uncle understands shit. The fat old man will never give up any promotion of the law firm. Opportunities for teams and lawyers.

After a while, the High Court judge walked into the court and the trial began!

…

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment." The presiding judge looked at the prosecutor's seat with a serious look on his face.

"Appellant Shi Yalan, what did you see on the night of the crime?" The female prosecutor in her thirties looked at Shi Yalan who was sitting on the appellant's table.

"I was sleeping in the house that night, and my husband brought a woman in her twenties through the door. Then my husband asked me to make room and sleep outside." Shi Yalan said calmly, without showing any panic.

A person's transformation must start from the heart. It may be the collapse of faith, it may be a catastrophe, or it may be betrayal.

Shi Yalan's calmness at this time came from her inner change. She did not panic like other defendants who were sentenced to death, or prayed to the judge to let her go. There can only be one reason why her heart is so peaceful. She has lost confidence in life and her heart is dead.

In fact, the behavior of death row inmates before execution is different. Some will feel weak in their legs and feet, some will feel that they are a man, and some will cry bitterly and say that they have failed the country and the people (in fact, they I have never thought about the country and the people, everything is for myself), of course there are also those who talk and laugh (such as a murderer who killed many people in a row once interviewed by a CCTV reporter).

The reason why the above situations occur is because they have different thoughts in their hearts. Some people think that it is over this time; some people think that the money has not been spent after death, and they have not lived enough, and they have lost money; and some people have lost money. What I thought was that I had my revenge and could leave peacefully. The difference in mentality leads to different final performances.

"Did you go to sleep outside?" the female prosecutor then asked.

"I went, I went to the outhouse and slept on the sofa." Shi Yalan replied.

"Then what?" the female prosecutor continued to ask, her tone gentler.

"There were too many mosquitoes in the outer room, and I was woken up by bites in the middle of the night. Then I went to the back room to get electric mosquito coils, and I saw my husband sleeping with that woman..." There was a slight fluctuation in Shi Yalan's eyes, and she was a little emotional. Excited: "I went to the kitchen and got a kitchen knife and chopped them."