Lawyer: Start with legal retaliation against infidelity!
Chapter 219 Reversing the Heavenly Gang, the Defense Begins!
Chapter 219 Reversing the Heavenly Gang, the Defense Begins!
Prices have gone up...
Zhao Gang's mind went blank; only these three words echoed in his head.
"Prices are going up...up?"
Zhao Gang paused, his face showing surprise.
Sun Qiao's voice came through the speaker, and it was clear from his tone that he was not in a good mood.
"Yes... the price has gone up. The opposing lawyer claims that if it's still the previous 500 million... he's unwilling to reach a cooperation agreement and will still plead guilty."
Sun Qiao sighed deeply, frowned, and looked utterly astonished.
The defendant threatened to surrender himself to the police, threatening the plaintiff with money...
Oh, no, it's not even a threat.
The word "negotiation" would be more appropriate for both parties, since Xu De does not admit to threatening the other party.
"That beast!"
Zhao Gang's face showed anger, but he was dozens of kilometers away from the court, so no matter how angry he was, he couldn't do anything about it.
An unprecedented sense of emptiness and powerlessness welled up in my heart.
He paused for a moment, then finally said:
"How much did it go up?"
"Two million, the legal department wants to make a total of 700 million in agreed investment..."
"That's... ten million in cash compensation, not including medication for all patients..."
Zhao Gang murmured, then fell silent.
Nearly 20 million.
Will he give it to me? Is he capable of giving it to me?
After all, once the money is given, this asset expenditure caused by the legal department will be a real scapegoat.
The board of directors may not necessarily kick him out, but his position as general counsel is precarious and difficult to maintain.
But the problem is...
If you don't give it to me, then it's a 50 million yuan pot!
The board of directors kicked him out without even giving him a chance to stay!
"Mr. Zhao..."
Sun Qiao hesitated, cautiously probing.
a long time.
Zhao Gang gritted his teeth, clenched his fists, and said:
"Give!"
It's frustrating, very frustrating, but I still have to give it.
If you give it, at most ten million will be a direct expenditure on paper, while the other ten million will slip away unnoticed.
If they don't give it to them, Novartis will definitely give them a hard time.
As for stabilizing the other party first, and then turning their backs on them and refusing to pay a single penny after the case is over?
will not.
Even if the case is decided, Gao Yu still has the right to "determine" the nature of the drug at any time, and the other party can always pin the blame on Tianhe Pharmaceutical Company again.
Novartis will definitely be the first to smell the trouble and will rush over to cause them trouble.
"Okay, Mr. Zhao, I'll hang up now..."
Sun Qiao spoke cautiously, then added something before hanging up the phone.
"Beep beep beep~"
The echo of a disconnected phone lingered in the office.
Zhao Gang turned off his phone, closed his eyes, and his expression showed a hint of pain, like... a patient having an attack, clearly caused by a series of blows.
The only way out for non-stick pans is for the other party to not give them a chance to gamble...
I have to shoulder all the blame—the R&D department's, the board's, the legal department's...
a long time.
"Bang!"
As a cell phone slammed to the ground like a cannonball, another angry shout echoed clearly throughout the office.
Zhao Gang angrily said:
"So many people, so many executives..."
"Why are you insisting on not letting me go? You bunch of beasts!!!"
......
......
Qingwu Province, Wutong City.
The corridor outside the waiting room of the Intermediate People's Court.
"Beep beep beep~"
Sun Qiao hung up the phone, put it away, and looked tired. He reached up and rubbed the corner of his eye.
As the saying goes, the ruthless fear the stubborn, and the stubborn fear the reckless!
They are horizontal.
Xu De and Gao Yu are clearly reckless.
"Attorney Zheng, you go and discuss it with the defendant. I'm going to rest in the waiting room first," Sun Qiao said, looking at Zheng Tong to the side.
Zheng Tong was taken aback, his expression instantly changing. He pointed to himself and asked in surprise, "Me?"
"Yes, it's you. Go and negotiate with them."
Sun Qiao turned and left, saying as he walked, "Just convey our opinion."
He didn't want to see Xu De for even a second longer. If there wasn't another court hearing, Sun Qiao would have turned around and left. Let whoever wants to stay in this court can stay; he certainly didn't want to waste his time here!
But then a problem arises.
Watching Sun Qiao's departing figure.
Zheng Tong was silent for a moment, then suddenly said with a cursing expression:
"You talk as if I want to see him!"
But there was nothing he could do; a higher rank could crush a lower one, and besides, he was just the other party's assistant, so he had to obey their orders.
Zheng Tong could only look towards the defendant's waiting room. After hesitating for a long time, he finally mustered up the courage to step forward.
He raised his hand and knocked on the door.
"Knock knock knock~"
"Attorney Xu, it's me, Xiao Zheng... Could you please open the door?"
......
......
A three-hour recess may seem short, but it's not short at all; it's enough for someone to take a nap before resuming the discussion of the case.
But in reality, it's not that long.
In the blink of an eye.
The recess time passed.
In the Third Courtroom of the Intermediate People's Court of Wutong City.
The group took their seats in an orderly fashion, and the review process resumed.
"The court is now in session!"
On the judge's bench.
Judge Zhang Wei took a deep breath and brought down the gavel.
"Bang!"
The sound of the hammer was crisp yet like a booming bell, startling everyone awake, and they subconsciously looked towards the judge's bench.
next second.
Judge Zhang Wei's voice followed, his gaze falling on the prosecutor's bench as he began:
"Representative, regarding the positioning of the drugs in this case, do you have any objections to state?"
In some cases, judges will ignore the civil litigation agent, since criminal cases have a much higher priority than civil cases. However, there are exceptions.
For example, this one right now!
The source of the drug determines how the defendant can defend themselves in criminal proceedings.
Therefore, since the source of the case was unclear, Zhang Wei did not dare to make a hasty judgment. At most, he would adjourn the court again to investigate the dispute before resuming the trial and making a judgment.
at this time.
Feeling Zhang Wei's gaze, lawyer Sun Qiao took a deep breath and forced himself to say:
"Yes, Your Honor, regarding this case."
"The first-instance verdict contained very clear elements of a misjudgment!"
"It was only because of lax internal management at Tianhe Pharmaceutical Company that the clues became disorganized, leading to the mistaken identification of Mr. Gao Yu's independently developed product, [Punatinib], as infringing on some of his information..."
"In fact, the drugs in question were entirely developed and researched independently by the defendant, Gao Yu!"
talking.
Sun Qiao paused for a moment before uttering the last sentence.
"This drug has absolutely nothing to do with Tianhe Pharmaceutical Company, and it has absolutely no connection to the data mistakenly released by Tianhe!"
That concludes my statement.
After saying that, he fell silent.
only......
"The lawyer's statement remains the same as it was before the recess..."
On the judge's bench.
The judge on one side said in a low voice.
Presiding Judge Zhang Wei nodded without refuting, then turned to Xu De in the defendant's dock and asked:
"Defendant, do you... have any objections?"
In theory, there should be objections.
After all, the reason for the recess just now was because of this objection, and the judges discussed for several hours how to handle it.
If all else fails, then uphold the first instance judgment.
After all, the reasons given by Sun Qiao lacked factual basis, and the defendant did not acknowledge them.
only......
Just as everyone was pondering this.
In a daze...
No objection.
On the judges' bench, several judges paused for a moment, and even the prosecutors in the prosecution seat hesitated slightly.
Immediately afterwards, they all looked up at the defendant's dock.
now.
Xu De, sitting in the defendant's dock, stood up. He glanced at Gao Yu, who was sitting in the middle of the courtroom, and then spoke calmly:
"Your Honor, we have no further objection to what the attorney has said."
"We also believe that the drug involved in this case, [Punatinib], is unrelated to 'Tianhe Pharmaceutical Group,' was developed by the defendant Gao Yu herself, and there was no external reference, plagiarism, or infringement!"
He emphasized the last two words, "infringement," which made Sun Qiao's face darken, realizing that the other party was mocking Novartis's affairs.
But Sun Qiao could understand.
The others wouldn't understand.
"No objections!?"
Judge Zhang Wei couldn't help but raise his head, his eyes staring straight at the other person, utterly speechless.
"You say you have no objections!?"
Xu De nodded. "Yes."
"Why didn't you say that three hours ago?!" Judge Zhang Wei took a deep breath, forcefully suppressing his urge to curse.
They argued about this for hours during the court hearing.
The court adjourned for three hours due to the ongoing dispute.
After much thought, I finally found a solution.
As a result... when you tell him, suddenly there are no objections, and the solution you came up with is no longer applicable...
So they're all just clowns being manipulated like puppets?!
"Defendant, your erratic behavior clearly violates the Lawyer's Guidelines!"
In the prosecutor's seat, prosecutor Liu Xian also spoke up to make accusations.
Xu De shook his head, showing no psychological burden or pressure, and said:
"No, we were just stuck in a rut."
"Following the recess, our side and our legal counsel engaged in 'friendly' mediation. The conflict between the two parties has been clearly defined, therefore, our side now has no objection to our legal counsel's proposal!"
It was sorted out in just three hours?
To be honest, it's not impossible.
In many criminal cases, the recess of a few hours is intended to allow both parties time to mediate their disputes.
Therefore, the retrial after the court session will most likely be different from the first half of the trial.
But this is reserved for normal cases.
Xu De is no good; he's not a normal person. Judge Zhang Wei has the right to suspect that the other party may have planned to agree with him from the very beginning!
"Agent?" Judge Zhang Wei looked toward the agent's seat.
Sun Qiao nodded with a forced smile, "Yes, Your Honor, our side has cleared up the misunderstanding with the defendant."
He breathed a sigh of relief, as if he had felt an unprecedented sense of freedom.
And in the next second...
Sun Qiao paused again, raised an eyebrow, and said:
"Your Honor, regarding the civil aspect, both parties have reached a consensus. We are willing to withdraw the lawsuit and will not pursue any civil liability."
"Please continue the trial."
Criminal cases with attached civil proceedings...the key point is the word "criminal".
The civil prosecution is indeed over, but the criminal prosecution is still in effect. If Gao Yu can be sentenced to a few more years, they would naturally be happy to see it!
Xu De didn't even bring the necessary documents this time... As for the criminal case... it's hard to say whether it will result in a reduced sentence or an increased one!
On the judge's bench.
Judge Zhang Wei withdrew his gaze, pondered for a moment, and then focused his attention on the defendant's dock.
He hesitated for a moment before asking:
"Defendant, regarding the criminal aspects of this case, do you have anything to say...?"
"objection!"
Before the judge could finish speaking, Xu De, who had been lying in wait, spoke up instantly.
"We have clear objections!" Xu De shouted.
Judge Zhang Wei's eyes twitched, but he still took a deep breath and then spoke:
"Speaking."
Upon hearing this...
Xu De did not rush to speak, but first organized his thoughts and logic, then took a sip of tea to moisten his throat before slowly saying:
"first."
"Your Honor, regarding the first instance trial..."
"In the first instance, the Wutong City Basic People's Court sentenced our defendant Gao Yu to be guilty of Article 141 of the Criminal Law, the crime of 'producing, selling, and providing counterfeit drugs'."
Article 141 of the Criminal Law is the crime most commonly punished for counterfeit drugs.
There are many types of counterfeit drugs. First, there are common health products that are ineffective. Second, there are inferior products that are passed off as superior ones, claiming to be good medicines, but in reality, they are almost ineffective.
Or it could be a completely fake drug, for example, pointing to a pile of poison and claiming it's a miracle cure.
Furthermore, drugs that have not undergone toxicological testing, have not been tested by the drug regulatory authority, or have not obtained a certificate of issuance are also considered counterfeit drugs!
The minimum threshold for this crime is very low.
They may only face detention and a fine.
The upper limit is also extremely high, with the possibility of the death penalty, which is in stark contrast to the crime of intentional homicide.
"in."
"The lower court held that the defendant's production of counterfeit drugs caused serious harm to human health."
"Therefore, the sentence is imprisonment for not less than three years but not more than ten years, and a fine!"
"Ultimately, the defendant Gao Yu was sentenced to four years in prison!"
Xu De spoke slowly.
As they were talking, Sun Qiao, sitting in the agent's seat, suddenly realized there was a problem.
That is......
The other person spoke without referring to any notes or information!
Can you speak without any evidence?
He recalled the scene from earlier when Xu De deliberately opened his empty briefcase to show everyone around him.
If the other party can defend themselves without any evidence, then was that action just now... meant to be shown to him, to scare him?
Actually.
The opposing side's defense materials have been brought, but they're all just in your head!?
In that instant, I thought of this.
Sun Qiao's face suddenly turned a variety of colors, her eyes fixed on the other person with an uncertain expression, and she seemed to have some hesitation.
Xu De, of course, had no time to pay attention to him.
......
At this moment, Xu De continued:
"Now, regarding this judgment, having reached a consensus with the proxy seats, we..."
"There are clear objections!"
Clear objection?
The prosecutors frowned.
Presiding Judge Zhang Wei nodded in acknowledgment, "Continue."
Xu De nodded.
"First, Article 141 of the Criminal Law, 'Crime of producing, selling, or providing counterfeit drugs'."
Article 141 states: The identification of counterfeit drugs shall be in accordance with the Drug Administration Law.
When he spoke, what he said was reasonable and well-founded.
Despite having no materials on hand, these laws seemed to come naturally to him, and he could spout them off at will.
As for what the Drug Administration Law is...
In a daze.
Xu De's eyes narrowed. He placed his hands on the table, leaned forward slightly, and spoke solemnly:
Article 2 of the Drug Administration Law clearly states that the term "drug" as used in this law specifically refers to items used for the prevention, treatment, and diagnosis of human diseases.
"That is, what is commonly known as 'human medicine'."
"in other words."
"Article 141 of the Criminal Law, which was used to rule against the defendant Gao Yu, only applies to criminal cases involving the use of counterfeit drugs."
"There is a clear conflict with this case."
talking.
As if performing magic, under Sun Qiao's unwavering gaze, Xu De pulled out a bottle of unregistered medicine and held it high.
"This is a drug developed in-house by our defendant."
"At the same time, this is also..."
"Veterinary medicine!"
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