Lawyer: Start with legal retaliation against infidelity!

Chapter 220 Please make your decision!

Veterinary drugs!

The instant those three words fell.

The prosecutors immediately realized what was happening, and their faces showed a hint of surprise.

During the first trial, Wu Xin did argue that it was a veterinary drug, and he had a reasonable argument, but it was rejected.

"objection!"

Prosecutor Liu Xian, speaking from the public prosecutor's side, spoke instinctively.

He stood up and said to the presiding judge, "Your Honor, regarding the drug [Punatinib] involved in this case, it was tested during the first instance trial and is clearly a drug for human use, therefore..."

He hadn't finished speaking.

Suddenly, a voice came from the defendant's dock.

"Prosecutor, how did the first instance court determine that the drug was for human use and not for veterinary use?!" Xu De suddenly asked.

Prosecutor Liu Xian subconsciously said:

"Naturally, it's based on..."

talking.

Liu Xian suddenly froze.

What were the grounds for the first instance verdict? Many factors were involved, but without exception, all of these factors... were related to Tianhe Pharmaceutical!

First of all.

Tianhe Pharmaceutical has confirmed that the data for the drug [Punatinib] is identical to that for [Imatinib].

Imatinib is a human drug, and its infringing copycat drug will naturally be classified as a human drug.

Second.

It concerns the victims, namely the patients at the First People's Hospital who are still waiting for medication and treatment.

They are human beings; they took the medicine, and their condition was brought under control!

The two combined...

Therefore, the determination of the drug's nature leaned towards human use, and the case was ultimately tried in accordance with Article 141 of the Criminal Law, resulting in a total sentence of four years imprisonment.

"But what about now?"

Xu De suddenly spoke up and asked a question in return.

"The prosecution argues that the basis for classifying the drug [Punatinib] as a 'human drug' under Article 141 of the Criminal Law is that this self-developed drug is identical to a 'human drug' produced by Tianhe Pharmaceutical."

"However, after court mediation... our side and Tianhe Pharmaceutical have reached an agreement."

talking.

Xu De's tone intensified as he began to emphasize something.

"The drug involved in the case, [ponatinib], is a completely independently developed and researched drug!"

"The data on human drug use at Tianhe Pharmaceutical Company has absolutely no relation to this!"

According to regulations.

When a new drug is developed that has virtually no similarities to other drugs, its properties...

"It should be determined based on objective evidence and the developer's own judgment!"

"The defendant, Gao Yu, has consistently claimed that the drugs she developed are for veterinary use and that there is no suspicion that they were developed for human use."

Xu De revealed the essence of the matter.

The reason Wu Xin was unable to push for the certification of veterinary drugs was because Tianhe Pharmaceutical Company was blocking him.

But now that the obstacle of Tianhe Pharmaceutical has been removed, then... naturally, whoever developed this new drug has the final say!

"In summary."

"Article 141 of the Criminal Law does not apply to this case."

"It should be..."

As he spoke, Xu De paused, his tone softening and becoming a few degrees gentler, and slowly said:

Article 147 of the Criminal Law: "Crime of producing or selling counterfeit or substandard pesticides, veterinary drugs, fertilizers, or seeds!"

"In this case, all rulings should also be based on this provision!"

Article 141 corresponds to human use, and Article 147 basically covers all drugs other than human use.

Veterinary medicines include many things.

Veterinary feed, drugs, and fish medicines are all considered veterinary drugs.

only......

"No."

In the prosecutor's seat, after listening to the proceedings, prosecutor Liu Xian shook his head slightly.

"Defendant, the court of first instance did not base its judgment on Tianhe Pharmaceutical Company regarding the drug issue."

"Instead, it is in accordance with the Drug Administration Law."

"Using another type of medicine to impersonate this medicine directly constitutes Article 141 of the crime of producing and selling counterfeit drugs."

Article 141 pertains to human medicine.

But don't forget, as mentioned before regarding the crime of counterfeit drugs, using poison to impersonate medicine is also considered counterfeit drug.

The same reason.

Using veterinary drugs to impersonate human drugs and then administering them to humans is also a crime of counterfeit drugs!

Are the patients inside the First People's Hospital animals? No, they are human beings.

and so.

Whether the drug is for human or veterinary use, it ultimately enters the bodies of these patients. Therefore, it should be handled in accordance with Article 141 of the Criminal Law as a drug for human use.

"objection!"

Without hesitation, Xu De spoke up the instant the other party finished speaking:

"Prosecutor, you have not clarified the true facts of the case."

"The medication's effects on the patient were not due to our client tricking the patient into taking it, but rather it was the veterinary hospital that did it!"

for example.

You sell someone a packet of rat poison so they can catch rats.

The person who bought the medicine claimed that it was for human use and that someone who took it had died.

Does this prove that you violated the Drug Administration Law, that is, that you yourself sold rat poison as human medicine to other people for them to use?

No.

"Our defendant has never sold the drugs for human use!"

"His end buyers are pet hospitals, and the patients at the First People's Hospital were caused by pet hospitals."

In the dock, Xu De began to speak, clarifying his thoughts.

The cause of the patient's health problems should be attributed to the pet hospital, as they sold the veterinary drugs to the other party.

Even pet hospitals claim that this medicine is for veterinary use and cannot be given to humans.

However, the people in Lijiahe were truly desperate and driven to the extreme, so they pretended to buy veterinary drugs, but actually took them as human drugs themselves.

and so.

In summary...

"In this case, the defendant Gao Yu is not suspected of 'illegally manufacturing or selling human drugs'."

"The trial should focus on Article 147 of the Criminal Law, specifically the section on 'veterinary drugs'!"

"This is what Xu De said from the defendant's seat."

Gao Yu, sitting in the defendant's seat, was stunned for a moment before realizing what was happening.

"So I was selling veterinary drugs!" Gao Yu thought to herself.

Xu De ignored what he should think.

To reiterate, the court only looks at objective evidence. What you think is not a big deal. Sometimes, even if you plead guilty, without evidence, your guilty plea is no different from farting.

......

The prosecutor's stand.

"That...that makes sense."

The three prosecutors were not angry, but instead pondered the matter for a moment.

Ultimately, a conclusion was reached.

Even if it's not a drug for human use, the vast majority of similar cases still uphold the first-instance judgment!

Why?

Because the first-instance ruling itself was a reduction of the sentence by the judge, if you now replace the veterinary drug with the human drug, the normal sentencing will still be within the same range as the first-instance ruling.

"Defendant, we would like to remind you of something."

"According to Article 147 of the Criminal Law, it is clearly stipulated."

"Cases involving amounts ≥ 50 are considered to be in the aggravated category, with penalties ranging from 10 years or more imprisonment to life imprisonment or death, and fines/confiscation of property!"

Prosecutor Liu Xian slowly began to probe.

"The amount involved in this case... clearly exceeds 50, totaling 83!"

If the first-instance judgment is not upheld.

So.

The second trial might actually change it to a minimum of 10 years!

After all, the amount involved was a whopping 80 yuan!

What? You're saying Gao Yu didn't make any money, she just recouped her costs?

No, whether or not you make money is a factor in whether or not you can mitigate your sentence, not a matter of discretion.

The sales responsibility system focuses on total revenue. Gao Yu packaged all the drugs and sold them to the hospital. For example, if the cost was 500,000, he sold them for 500,000, even if he didn't make a single penny.

Therefore, when determining liability, it should still be calculated based on 500,000, rather than the innocent status based on zero profit.

"No, prosecution, this is hospital drug sales!"

"As we have stated before, our only end-user in the sales chain is the pet hospital. All subsequent transactions are the responsibility of the pet hospital and have nothing to do with our client."

Xu De slowly shook his head, categorically denying the other party's accusations.

"The 80 yuan you mentioned was obtained by the pet hospital from selling the product to patients at a price of 800 yuan per bottle."

"The total amount the defendant sold to the hospital... was 499290 yuan!"

talking.

He paused for a moment, then offered a reminder.

Article 147 of the Criminal Law states that the third level of sentencing refers to "≥50w".

"Our sales revenue was only 49.929 yuan, which is clearly not enough to reach the 50 yuan threshold for prosecution."

talking.

He once again performed a magic trick, pulling out a document from the previously empty briefcase.

The sales information was clearly written on it.

Sun Qiao stared blankly at the materials in the other person's hand.

Xu De ignored him and instead handed the evidence to the judge.

The law has strict standards.

If you haven't met the criteria, then you don't fall into this sentencing range.

For example, the case Zhang Yue committed in Chengdu last time.

She stabbed Liu Guofu 17 times, which is clearly an act of murder. However, because Liu Guofu did not die, it is considered attempted murder. In the sentencing, it will most likely be classified as "intentional injury".

Even if Liu Guofu doesn't live past ten years, Zhang Yue didn't kill anyone, so it doesn't constitute intentional homicide!

The same reason.

The difference between 50w and 49.929w is not significant.

It costs 710 yuan.

But tell me whether it has reached 50 or not!

Even a difference of one dollar is still a difference!

If it doesn't reach that level, then it should be tried according to the second tier of criminal law, which means...

"presiding judge."

"Regarding Article 147 of the Criminal Law, the second level of sentencing."

The original text clearly states that if the amount involved in the case is between 20 and 50, the penalty is "3 to 7 years imprisonment and a fine!"

Xu De spoke slowly, reciting a series of laws without emotion, like a computer.

"The amount of money involved in this case clearly falls within this area."

Therefore, Article 147 should be the core of the case hearing!

After saying that,

Everyone paused, and Sun Qiao also came to his senses, looking at Xu De with a twitching mouth.

700 yuan short...

One takes ten years to complete, the other about three years, and the difference is only seven hundred yuan.

The key is......

"No, where did you get this evidence from?"

Sun Qiao looked at the evidence on the judge's bench, then at Xu De, her face full of astonishment and shock, her eyes filled with hesitation.

"Where did he get the evidence? The briefcase was empty. Where did he hide the evidence?"

"That's not right..."

Sun Qiao felt her head buzzing.

He and Zhao Gang were still thinking about making a bet.

As a result, in this betting game...

The defendant immediately showed an empty briefcase at the start of the trial, saying he hadn't brought any materials. Then, as if he had taken off the steering wheel, he pleaded guilty without giving the other party any chance to gamble.

So Zhao Gang admitted defeat and agreed.

But what does it mean...?

After Zhao Gang admitted defeat, you pulled out the evidence again, saying that you actually brought the materials with you?

What would this behavior be called if it were done at a gambling table?

"Cheating...this must be cheating...this is definitely cheating!"

Sun Qiao murmured, then her face gradually darkened. The emotions she had finally managed to calm down were now filled with anger again.

"You cheated in court?"

Unfortunately, Xu De couldn't hear him anymore; at that moment, he was only thinking about reducing the sentence.

......

"Your Honorable Judge!"

"Based on Article 1156 of the Civil Code, the principle of fault liability."

now.

During the trial, Xu De seemed to have entered a memory palace, searching through various legal memories in his mind.

The original text explicitly states: "If a person infringes upon the civil rights and interests of another due to fault, causing damage, he or she shall bear tort liability. If the law determines that the person or she is at fault, and he or she cannot prove that he or she was not at fault, he or she shall bear tort liability."

According to Article 1173 of the Civil Code, "contributory negligence," "if the injured party is at fault for the occurrence or aggravation of the same damage, the liability of the tortfeasor may be mitigated."

It sounds complicated.

But it's actually quite easy to understand.

In other words, if the victim aggravated their own injuries, then the victim also needs to bear some responsibility.

"Regarding this case."

"Our defendants have consistently acted in accordance with the standards for veterinary drugs in every aspect, from drug research and development, drug production, drug production workshops, drug sales, and pet hospitals."

"And the pet hospital also claimed that this drug was for veterinary use when it was sold."

"A patient at the First People's Hospital, knowing that this was a veterinary drug, still chose to take it privately."

last of the last.

Xu De slowly opened his mouth and spoke truthfully:

"In this case, the patient bears considerable responsibility for the side effects they experienced!"

First, punish them.

Another sentence reduction!

Reduce the crime of using drugs for humans to "using drugs for veterinary purposes," and after that, use these laws to gradually reduce the crime.

It's a classic strategy, but it's undeniably effective.

in this way......

"In summary..."

Xu De exhaled a deep breath, then inhaled again, and spoke in one breath:

"In this case, the defendant is clearly guilty of Article 147 of the Criminal Law, the crime of selling veterinary drugs."

"According to sentencing standards, the sentence should be 3 to 7 years imprisonment."

"According to Articles 1156 and 1173 of the Civil Code, since the defendant bears only partial responsibility, the trial should be conducted with leniency!"

"In addition, after being arrested, the defendant was cooperative, had a good attitude, and showed no profit-making intentions."

"Since there was no fraudulent activity before the sale of the drugs, lenient treatment should be given..."

Criminal liability is very difficult to reduce.

But as long as you accumulate enough, even the most difficult punishment can eventually be completely erased!

Xu De refused to believe that with so many arguments, the plaintiff would not hold Gao Yu accountable and that she could be sentenced to four years in prison!

What?

As for why he initially said he wouldn't defend himself, but is now doing so?

He's a lawyer, a defense attorney, so of course he has to defend the case. If you're a defense attorney and you don't defend the case, isn't that a violation of the Lawyer's Code of Conduct? Isn't that just causing trouble?

You know, Xu De has always been the most law-abiding and disciplined person, he would never do such a thing!

As for why I initially said I didn't bring any materials...

He was telling the truth; he really didn't bring any materials.

The materials had already been submitted to the court. The documents in my hand were photocopies that I had made at the court after arriving there.

Ok.

It was printed out during the three-hour recess just now.

so......

"Your Honorable Judge."

"In conclusion, our statement is complete."

Xu De took a deep breath, ignoring the proxy seat, Sun Qiao's ashen face, her clenched teeth, and her eyes that seemed to want to devour him.

He raised his head slightly, looked at the silent judge's bench, and slowly said:

"Let the judge decide!"

......

......

P.S.: I was thinking about the follow-up review issues today. Two updates today, even if the direction is not problematic, are still very serious. I need to consider the follow-up arrangements.

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UFC fighting articles, specializing in niche genres, focusing on exhilarating, visceral combat.