Death sentence turned into acquittal? Who told him to be a detective!
Chapter 244 Xu Liang's Moral Blackmail! [Seeking Monthly Tickets!]
Chapter 244 Xu Liang's Moral Blackmail! [Seeking Monthly Tickets!]
Avoidance
Normally, Zhao Jiaqi would pass a resolution in this situation to have both parties recuse themselves from the trial, and then continue the proceedings.
but.
From any perspective, this case cannot be judged by common sense!
"Should we approve it?"
On the bench, the three judges sat together, their brows furrowed, as if pondering some difficult problem.
This is the first time they've ever asked a lawyer to allow them to recuse themselves!
“No, the defendant doesn’t have many lawyers,” another judge added.
"Although recusal is usually required, the trial has only just begun, and the defendant is not a legal team. Therefore, if the defendant recuses himself, the case must be adjourned."
"Furthermore, a new lawyer must be found for the defendant before the trial can resume, and the court can only wait during this period."
Normal recesses are used to verify evidence.
But if the case is adjourned due to recusal, the court can only watch helplessly and can't do anything!
This is such a waste of time; nobody there wanted to waste it so pointlessly.
However, the two sides are now embroiled in a bribery controversy, and have even produced witnesses!
The three frowned and began to discuss in hushed tones.
See this.
A commotion gradually arose in the audience, and a faint buzzing sound could be heard.
In the dock.
"This"
Feng Nan's lips moved, her face was blank, and her hands were clenched together, her fingertips turned white, clearly indicating that her thoughts were a bit chaotic.
She's not stupid; she understands what avoidance means!
This means that her only lawyer, Xu Liang, will be expelled from the courtroom!
After the deportation, the case will be adjourned, but criminal cases require a lawyer to proceed, so it is highly likely that she will be given legal aid.
Which law firm in Qingshi City will take on legal aid cases?
Even if someone did take the job to gain fame, their abilities certainly wouldn't be as strong as the renowned lawyer from Arashiyama Province standing beside me!
As for spending money to hire them, they could only scrape together 500,000 yuan. Even the most money-grubbing lawyers wouldn't risk offending Blue Shield Law Firm and the pharmaceutical group for such a small amount of money!
Not everyone has Xu Liang's guts.
"don’t worry."
Xu Liang noticed her mood and offered a word of comfort.
He wasn't afraid of being avoided.
why?
Because the case cannot be delayed.
It's not that Xu Liang can't afford to drag it out, nor that Blue Shield can't afford to drag it out, but that Feng Nan and the others can't afford to drag it out!
If the court adjourns and you hire a lawyer, the other side will have to reinvestigate for at least two months!
Two months is enough time for some of the patients in the mutual aid group to die. If the trial is adjourned again after it starts, the case will drag on for a year and a half. By then, all the defendants will be dead. What's the point of the trial then? Who will the plaintiff sue? A pile of ashes?!
as predicted.
In the dock.
"The sooner the case is tried, the better. The defendants are all patients; time cannot be delayed!"
"That's it."
Zhao Jiaqi took a deep breath and made a decision.
Then, under everyone's watchful eyes, he slowly began to speak:
"After the court adjourns, we will conduct verification and investigation of the witnesses' statements."
"The hearing on this disputed point is now postponed, and the trial will continue!"
This is a postponement of the trial!
What does this mean? The literal meaning!
Just like when you take an exam, your teacher might tell you to leave the parts you don't know blank first, and then write down the parts you do know before you start thinking about them.
The court pursues efficiency while protecting the rights of the defendant, hence the option of 'postponing the trial'.
"Tsk."
In the plaintiff's seat, Sha Jin clicked his tongue and shook his head, a hint of disappointment in his heart.
If you can use yourself to replace the opponent and achieve a pawn exchange tactic, then you can say that you have already won the case!
Pity.
Xu Liang, in the defendant's seat, just smiled at him, showing no concern whatsoever.
Perhaps after the court adjourns, Sha Jinchai Shirong will do something to convince the court that he did indeed commit bribery, thus leading to his recusal.
But, at least for now, I will never leave the courtroom!
That little bit of time is enough for him.
"Both sides continue."
Presiding Judge Zhao Jiaqi rubbed his eyes and then looked at the defendant.
"Defendant, do you have any new evidence to submit regarding your claims?"
If the trial continues, then it should proceed according to the procedures prior to the point of contention regarding bribery.
Xu Liang is refuting the claim of counterfeit drugs, but even if the drug is not counterfeit but a generic drug, he still needs to bear criminal responsibility!
But what about his demands?
He pleaded not guilty!
"Your Honorable Judge."
"Through reviewing case files, meeting with the parties involved, and verifying relevant evidence, the defense believes that the defendant's actions in order to save his own life comply with a special provision in the criminal law of Dongguk!"
Xu Liang suddenly spoke, and everyone stopped abruptly as soon as he finished speaking.
Special laws?
There are indeed a few special provisions in Donggu's laws, such as those concerning mental illness and the age of 18, which can be applied to this case.
"Article 21 of the Criminal Law!"
"Emergency evacuation!!!"
Xu Liang's gaze suddenly sharpened. He pulled out the document he had prepared in advance and read it aloud, word by word:
"The defendant's actions in order to save his own life are entirely in accordance with this law!"
"First, this case presents a real and imminent danger to life, meeting the 'causal element' for emergency avoidance!"
"Second, the danger is ongoing, meeting the 'time requirement' for emergency avoidance!"
"Third, there are no other legal alternatives, which meets the 'unavoidable requirement' for emergency avoidance."
"And, it meets both the 'consciousness requirement' and the 'limitation requirement'!"
They will not bear criminal responsibility.
The moment the words were spoken, the audience was stunned.
Those in the audience were already in a state of mental confusion.
"Emergency evacuation!?"
"Wait a minute, wasn't the trial supposed to be about condemning the defendant?! The defendant was accused of smuggling counterfeit drugs for profit, and those drugs caused the death of an eight-year-old child. How is this related to emergency avoidance?!"
"My mind is a bit of a mess. When did the case turn out like this?"
"Wait, what if the medicine the person on trial took wasn't counterfeit, but a generic drug?"
"."
As they were talking, everyone suddenly froze, realizing something.
The most serious point of contention in the case is whether the smuggled drugs are generic drugs!
If it is not a generic drug, then it is a counterfeit drug. Li Guang's stomach spasms were 90% likely caused by counterfeit drugs, and he took a wide range of medications. Therefore, the case must be dealt with seriously, and a criminal judgment should be made against the defendant.
The reason why there is such a huge public outcry in Qingshi City is because of this!
This behavior is practically murder, and anyone who witnesses it would be shocked!
However, if we say that this is not a counterfeit drug but a generic drug, even if the efficacy is only 60% or even 50%, it is still considered a generic drug.
That case became...
"In summary."
Xu Liang paused for a moment, then reiterated his demands.
"Our client meets the criteria for 'emergency avoidance' under Article 21 of the Criminal Law!"
"This law should not incur criminal liability!!!"
No criminal liability!
Innocent? Are they really going to plead not guilty?!
Everyone looked shocked.
Even Zhao Jiaqi, at this moment, came to her senses and gasped. 'No wonder they were so adamant about the counterfeit drugs and the profitability of the product—first the ingredient analysis report, then the people in the mutual aid group taking the drugs.'
'So this was all a setup for 'emergency evacuation'!'
Zhao Jiaqi instantly understood what Xu Liang had done.
Once all unfavorable factors are eliminated, the case naturally becomes an emergency evasion case, at which point only a slight push is needed.
The not guilty plea was born!
"Plaintiff, do you have any response to the defendant's claims?"
After a moment's thought, Zhao Jiaqi passed the question to Chai Shirong and the others.
Chai Shirong and Sha Jin exchanged a glance, and their quick thinking and adaptability immediately came into play.
"Regarding the plaintiff's claim of emergency avoidance, we believe that it does not constitute a violation of this law."
"First, the first point."
"Purchasing on behalf of others goes beyond the scope of 'personal use' and falls under the category of 'helping others circumvent drug regulations,' which does not meet the 'limited scope of the risk avoidance' in emergency risk avoidance!"
Chai Shirong stood up, showing no signs of panic at being caught off guard.
He even discovered some controversial points in a short period of time!
"Second, the 'last resort' requirement is not met, and patients still have 'legal avenues for redress,' and purchasing through agents is not the only option!"
Emergency evacuation is primarily for close relatives and oneself.
The mutual aid group has 72 members, most of whom have taken the medication. How could they all be considered close relatives? If they are not, then there is a dispute!
Furthermore, it's difficult to define the so-called legal remedies, since there are simply no clear number of them, and there will always be omissions!
so.
"In conclusion, we maintain that the opposing lawyer's statement regarding emergency avoidance does not constitute a valid argument!"
Chai Shirong retorted directly.
Looking at the other person, Xu Liang frowned slightly.
The opponent's ability to adapt to unexpected attacks is indeed extraordinary.
Two minutes?
Did you even have two minutes to think about these perspectives?!
Sure enough, Blue Shield Law Firm might be bad, and extremely bad, with everyone there being ruthless, but you can't say they're incompetent.
Think of this.
Xu Liang directly retorted:
"The opposing lawyer."
"I would like to ask, what are the legal avenues for treatment that you are referring to in your second defense, which states that my client still has legitimate options for medical care?"
Are Feng Nan and the others idiots?!
If there were still other ways to smuggle generic drugs, how could they possibly still be doing so?
This kind of substandard medicine has side effects. Why would anyone take it unless absolutely necessary?!
But Chai Shirong smiled slightly and continued:
"First of all, the other party did not make any donations to the public for treatment."
"Secondly, regarding imatinib, 'Juxing Pharmaceutical Group' is the exclusive agent in Arashiyama Province. The patient association needs imatinib, but has not submitted a treatment application to the group."
"Both methods are legal, yet smuggling was carried out without any prior planning!"
Should we submit this to the group?
It's really a big joke in the world!
Han Chengguang would have to be crazy to agree!
In other words, it was impossible for him to agree, and he even explicitly refused when the detention center tried to bribe Wu Fangkongjian.
Feng Nan and the others understood this situation and knew they would be rejected 100%, so they didn't apply in the first place.
The opposing side actually used this as evidence in their defense!?
Why not turn the tables on them?
Xu Liang's heart skipped a beat, his gaze sharpened, and a growing heat rose in his chest. He spoke directly:
"Then I would like to ask, is Juxing Pharmaceutical Group willing to provide assistance and treatment to patients?"
If he agrees, Xu Liang will drop the lawsuit.
Feng Nan and others' real demand was simply to ensure everyone could survive; Wu Fang and Kong Jian were even able to receive free treatment in prison!
But can you agree to that?
The cost of treating 72 cancer patients is enough to bankrupt a hospital, and even a huge burden for the group!
If you don't agree.
Chai Shirong paused, then his pupils contracted as he realized what was happening.
He abruptly turned his head and swept his gaze across the entire audience.
But what I saw was the courtroom.
A vast expanse of eyes, now fixed on him with expectant looks!
"broken!"
Chai Shirong cursed inwardly, his face turning ashen. He stared at Xu Liang for a long time but couldn't utter a single word.
"Opponent's lawyer, are you willing to cover the treatment costs for the patients?" Xu Liang pressed again.
Manipulating public opinion? Trying to label Juxing Pharmaceutical Group as a saint?
They probably haven't experienced the backlash from public opinion before!
Please answer me directly!!!
Xu Liang spoke seriously, staring intently at Chai Shirong.
As these words were spoken, the gazes of the people in the audience toward the plaintiff grew even more intense!
He then looked at Han Chengguang beside him with a grim expression.
Han Chengguang frowned.
this.
It's a bit unusual that he's overdue. The reason he came is because, theoretically, he sees the trial going in a positive direction.
But the situation has now taken a sharp turn for the worse!
If they say even a single "no," the image the group has built will completely collapse!
The public won't care how much it will cost to treat the 72 people, just as they won't care why Xu Liang took the case.
All they could see was that the pharmaceutical company refused the requests of 72 dying people to take medication!
'Trouble'
Han Chengguang's expression turned slightly unpleasant. He didn't know why the topic of the company had suddenly been brought up.
His hands, veins bulging, shook his head subtly at Chai Shirong.
Seeing this, Chai Shirong had no choice but to bite the bullet and speak:
“Defendant, what you have said is currently irrelevant to the case.”
"please"
Xu Liang immediately retorted after he said that.
"How can it be unrelated!?"
"This is the legal approach you've been talking about!"
Chai Shirong took a deep breath, his eyes turning gloomy, but he still suppressed his emotions and said, "This is indeed one way."
"But what I mean is that no one tried to do it at the time."
Xu Liang suddenly raised his voice, stood up, and faced the audience.
Upon closer inspection, it was clear that he was holding a document in his hand.
"This is the 'Diagnosis Certificate' issued by Tianshan Hospital in Qingshi City."
"On October 25, 2004, the certificate clearly stated that if patient Li Guang did not receive effective treatment within the next forty days, his condition would deteriorate rapidly and he would not live more than 60 days!"
"Only forty days!"
"Are we really going to waste these precious forty days on your vague and uncertain help?!"
talking.
Xu Liang paused, then suddenly said:
"This is tantamount to slow suicide!!!"
After speaking, Xu Liang turned to look at the judge's bench and spoke again.
"The legal channels of treatment mentioned by the plaintiff do not reflect the actual situation of the client at the time!"
"The claim that they do not meet the criteria for close relatives also confuses the scope of protection for emergency avoidance under the Criminal Law."
"In summary!"
"We believe that the defendant acted in a manner that warranted emergency avoidance and should not bear criminal responsibility!"
(End of this chapter)
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