Lawyer: Start with legal retaliation against infidelity!

Chapter 221 Verdict

Let the judge decide...

As soon as those six words were spoken, everyone present hesitated, even the prosecutors at the table were at a loss for words.

"this......"

The prosecutor's stand.

A prosecutor was about to say something, but after thinking it over, he finally frowned.

"The evidence is sound, and the approach is also sound."

"If it is not a drug for human use, then Gao Yu has the full right to describe the drug independently."

"Generally speaking, even if the researchers have the right to define it, the law must also take into account objective factors to make a comprehensive judgment, such as drug data."

"If Gao Yu says this is a veterinary drug... and Qinghe Pharmaceutical Company has provided all the experimental data."

"Including but not limited to, conducting research in veterinary drug production workshops, a series of illegal studies that were applied to cats and dogs, and selling the drugs to pet hospitals..."

Evidence is a combination of subjective and objective factors.

Gao Yu's current condition clearly meets the standards for veterinary drugs!

In summary.

"This... I really can't find a point to refute!"

The prosecutor's stand.

Prosecutor Liu Xian was stunned for a moment, staring blankly at Xu De, with several questions swirling in his mind.

Veterinary drugs were established.

Therefore, the case should be tried in accordance with Article 147 of the Criminal Law.

Similarly, since no medication was administered in this case, the patient at the First People's Hospital who took the medication without authorization will have to bear a significant portion of the responsibility.

Gao Yu's responsibilities also decreased sharply.

With the patient's understanding, the amount the hospital offered was exactly within 50 yuan...

A series of chain reactions ensued.

Looking back now, the seemingly lenient verdict in the first instance seems a little too harsh!

Yes, after a series of defense laws, what was originally a lenient sentence is now considered a heavy sentence for Gao Yu!

"It depends on the judge."

Unable to make a decision, Liu Xian finally turned his attention to the judge's bench.

......

The judge's bench.

The three judges frowned and whispered amongst themselves.

What's the current status of the case?

"There's no explanation... The plaintiff withdrew the case, the prosecution showed no intention of pursuing strict accountability, and the defendant's arguments were reasonable and well-founded. Generally speaking, it's time for a trial..."

"This is a bit strange. Don't you guys think the case is odd?"

"During the court hearing, it was as if the plaintiff and defendant had switched souls. The plaintiff claimed there was a misunderstanding, while the defendant kept insisting on pleading guilty. A few hours later, they suddenly returned to normal..."

"Furthermore, is that drug called [Punatinib] really a veterinary drug?"

"Heh heh, you can't argue with that, it's veterinary medicine."

"..."

On the bench, the three judges grew increasingly hesitant, even though they had little experience handling such medical cases.

However, it was quite obvious that something was amiss with the case from beginning to end.

But then, the process moved on to the adjudication stage!

"Perhaps... a verdict could be reached?"

A judge made a tentative inquiry.

Judge Zhang Wei frowned, his eyes showing a thoughtful expression.

If the plaintiff has no objection, the prosecution has no rebuttal, and the defendant has a valid case, then even if something feels off, a trial can still proceed. At this point in the process, no one can find fault with the proceedings.

But here is the problem.

"What will the sentence be? How long will the sentence be?"

The judge on the right spoke.

The judge on the left said, "Reduce the sentence..."

The judge paused for a moment as he spoke.

If, based on the use of veterinary drugs, and combined with the series of defense arguments mentioned by the defendant's lawyer, then a reduced sentence is almost a certainty.

But here's the problem...

How long will the sentence be?

If the sentence is reduced from four years, it can only be three years, or even two years or one year!

And what did Gao Yu do?

The illegal development and sale of veterinary drugs involved a staggering 490,000 yuan, causing severe side effects in some patients.

When these crimes are committed, a reduced sentence can result in a mere one or two years being served...

From a legal perspective, is this correct?

Unfortunately, the entire court had no angle to refute this argument...

"The defendant."

In a daze.

Judge Zhang Wei spoke, looking up at Gao Yu, who was surrounded like an ant in the very center of the trial area.

Although Gao Yu was sitting in a chair with her hands cuffed, she quickly spoke up:

"I am here."

The presiding judge began by saying:

"Defendant, regarding the development of the drug in question, [Punatinib], this court would like to hear your analysis."

"For example... what will you use this drug for?"

The moment the words were spoken.

In the defendant's dock, Lin Yue paused slightly and subconsciously tugged at Xu De's sleeve.

Xu De paused, looked down and met the other person's slightly worried eyes, and immediately understood what the other person meant.

"This question...is a bit of a trap!" Lin Yue thought anxiously.

only.....

Xu De gently scratched her warm palm and gave her a reassuring look.

"rest assured."

Don't worry... Putting aside Gao Yu's original intention in developing the drug, she had already avoided this problem.

Who is Gao Yu?

He started from scratch and built a medium-sized Qinghe Pharmaceutical Company in the provincial capital. He was a graduate of Yenching University, returned from studying abroad at a young age, had a doctoral degree, and was an elite who was constantly sought after by laboratories of major universities.

A true elite! He may be a bit arrogant and stubborn, but he is definitely not stupid, and he would never do anything foolish!

"presiding judge."

"The properties of [Punatinib] were very clear from the very beginning of the pharmaceutical company's project initiation."

The defendant, Gao Yu, pondered for a moment.

Then, he slowly began to speak:

Chronic myeloid leukemia!

"Punatinib is a sharp weapon against chronic myeloid leukemia. With this drug, the treatment process for this disease can be greatly limited, and the so-called end of the disease is no longer 'death'."

"But there is a possibility of 'healing' it!"

Ponatinib is very potent; even the semi-finished product is more effective than all other drugs produced by Tianhe Pharmaceutical.

Clearly, Gao Yu's brief statement was not an exaggeration.

However, at this moment, no one was paying attention to the drug's properties, but rather...

"Which type of leukemia is it targeting?"

One of the judges asked, "I mean, for what purpose?"

Gao Yu replied:

"It's for chronic myeloid leukemia. Anyone with this disease can use it."

The response was ambiguous.

But it makes perfect sense!

After all, both livestock and humans can get leukemia.

Gao Yu's medicine targets the disease itself, without specifying whether it's for humans or animals. So, theoretically, whether it's a drug for humans or animals depends on objective evidence.

Where is the objective evidence?

On the judge's bench.

Several judges lowered their heads, looking at the notarized information on "veterinary drugs" that Xu De handed over, and then fell into deep thought.

In an instant.

The entire Third Courtroom, while not large, was not a small courtroom either.

Suddenly, a profound silence fell. No one spoke; the silence was so profound that even the sound of each other breathing could be heard clearly.

until......

"Snapped!"

Suddenly, a clear, crisp sound echoed through the silent courtroom.

Everyone was startled awake and instinctively looked up at the judge's bench.

"Prosecutor, do you still have any objections to the facts and circumstances of this case?"

Judge Zhang Wei suddenly spoke.

He frowned and stared at Prosecutor Liu Xian, the words escaping from his lips.

Upon hearing this...

Prosecutor Liu Xian paused slightly, then shook his head:

"Your Honor, we have no objection."

No objections...

"Agent, do you have any further objections to state?" Zhang Wei then turned his gaze to Sun Qiao.

at this time.

In the agent's seat.

Sun Qiao's expression remained ashen as he stared intently at Xu De, who remained calm and showed no sign of being intimidated by his gaze.

After a long silence, Sun Qiao could only grit his teeth and say:

"We...are willing to withdraw the lawsuit, and have no objection to comment on this case!"

Zhang Wei nodded, then paused for a moment before turning his gaze to Xu De.

"dock......"

"Do you have anything to add?"

Is there anything else to add?

In the defendant's dock, Xu De pondered for a moment, then kindly reminded him:

"presiding judge."

"According to Article 149 of the Criminal Law, Articles 141-148 clearly stipulate that multiple crimes cannot be punished concurrently; only the most serious crime can be chosen for punishment."

in other words.

Gao Yu's actions may constitute both 141 "Fake Drug Crime" and 147 "Veterinary Drug Crime".

But you can't bring both laws together for judgment; you can only choose one.

"Besides that."

talking.

Xu De shook his head, clearly indicating that he had nothing more to say.

"We have no objection."

No objection.

All three parties had no objections.

If that's the case...

"Bang!"

"The sentencing will now commence."

Judge Zhang Wei stood up, his expression serious, looking down at the documents in his hands.

Followed by.

A majestic voice reached the ears of everyone present.

"After a lawful trial, including the presentation and cross-examination of evidence by both the prosecution and the defense, as well as their court arguments and final statements, the trial has now concluded."

"The facts were ascertained after the trial."

"The defendant, Gao Yu, illegally sold the self-developed drug [Ponatinib] in Wutong City, causing harm to many patients at the First People's Hospital..."

"The prosecution alleges that the defendant committed the crime of 'producing, selling, or providing counterfeit drugs' under Article 141 of the Criminal Law. During the trial..."

"After review."

"The defendant, Gao Yu, is guilty of Article 147 of the Criminal Law, namely, the crime of producing and selling counterfeit or substandard pesticides, veterinary drugs, fertilizers, and seeds."

It doesn't constitute 141, but rather 147!

The moment the words were spoken.

Sitting in the proxy seat, Sun Qiao sighed, his heart filled with even more grief and indignation, his fists clenched tightly.

Judge Zhang Wei, clearly not needing to defer to his wishes, paused briefly, pondered for a moment, and then spoke:

"Now, the second-instance court, the Wutong Intermediate People's Court, has pronounced its judgment in accordance with the law."

"The defendant, Gao Yu, is sentenced..."

"Three years imprisonment!"

He was sentenced to three years in prison, one year less than the four years sentenced in the first instance.

If handled properly, it might be possible to get out in a year... no, it's entirely possible to get out in a year.

Putting aside the fact that the nearly six months of detention can be considered "serving a sentence," given the government's thirst for talent in 2003, they had no reason not to reduce the sentence of an elite talent like Gao Yu!

but.

Reality often differs from expectations.

Gao Yu's sentence cannot be reduced. Even if Xu De, Wang Cheng, Li, or Yan, were to come, they wouldn't be able to reduce her sentence, simply because...

On the judge's bench.

Presiding Judge Zhang Wei paused, then looked up, glanced at the entire third courtroom, opened his mouth, and finished speaking.

"Execution suspended for three years!"

This is......

A suspended sentence of three years' imprisonment?

Another three-year suspended sentence!

From the proxy seat, Sun Qiao suddenly looked up, staring incredulously at the judge's bench, her face showing astonishment.

Immediately afterwards, this surprise turned into indignation.

Although he reached a private settlement with the other party on behalf of Tianhe Pharmaceutical, the problem is...

The settlement was a civil matter.

The side effects on others caused by Gao Yu's own drug sales have nothing to do with Tianhe Pharmaceutical Company, and Xu De cannot deny it even if he wants to.

Therefore, even if the court overturns the verdict on appeal and changes the sentence to death on appeal, they cannot blame themselves.

Therefore, the more severe Gao Yu's sentence, the happier Sun Qiao would be.

only......

A suspended sentence of three years' imprisonment?

Why was this given a suspended sentence?!

"Agent, do you accept this judgment?"

Judge Zhang Wei looked at Sun Qiao and asked a question.

Sun Qiao's back teeth were practically grinding to powder, but he still kept his head down and said, "We accept the verdict!"

See here.

Presiding Judge Zhang Wei nodded.

"The ruling is effective immediately."

"If anyone disagrees with this judgment..."

Zhang Wei paused as he spoke.

If you're not satisfied with the first trial, you can appeal to the second. If you're still not satisfied with the second... well, then you'll just have to accept it.

Yes, once the second instance verdict is reached, no matter how dissatisfied you are, you can only keep quiet about it!

Unless you can file for a retrial!

However, on the other hand, the difficulty of a retrial is no less than climbing to the sky.

It's not just about winning the case; it's about the difficulty of winning it.

Even just filing a case is extremely difficult!

If you file a complaint, the case can usually be accepted in the first instance. If you disagree with the first instance ruling, you can appeal to the second instance according to law. As for a retrial... if you want the case to be accepted, you have to produce evidence that overturns the entire case.

It's equivalent to "opening a case only to overturn it"!

"If you disagree with this court's judgment..."

Presiding Judge Zhang Wei paused for a moment, then said:

"You can file a complaint with the relevant authorities in accordance with the law."

"Now, I declare..."

Court adjourned!

The words were spoken.

The three judges left their seats and walked outside.

To be honest, this verdict is still very lenient.

In theory, it is normal not to have probation, which means a pure three-year prison sentence.

But the words came back again.

What is most important in the 21st century?

Talent!

Talent is the most important thing!

Qingwu Province respects talent, and even more so, it respects talent like Gao Yu!

If Ponatinib had been successfully developed, who knows how many people it could have saved? Instead, you don't give lenient sentences to these people, but instead you put them in jail?

Of course, under normal circumstances, a normal verdict would be delivered, but since the defendant presented sufficient evidence and the other two parties had no objections, the trial could be conducted more leniently.

In conclusion...

"We won the case!"

dock.

A smile suddenly appeared on Lin Yue's soft, oval face. She pursed her lips, her eyes curved into crescent moons, and shook her head, clearly in a good mood.

aside.

Xu De sighed.

"It's a pity they actually won the case."

After saying that, Lin Yue paused, noticed his eye twitch, and then rolled her eyes.

If they lose the case, Tianhe Pharmaceutical will really suffer a huge loss.

Even if the chain reaction is not fatal, simply cutting half of the research and development projects is enough to cause a severe blow!

"Alright, it's good enough that you won at all. You know, you lost the first trial completely!"

Lin Yue patted Xu De on the shoulder and said coquettishly.

Xu De thought what he said made sense.

Now that we have already won the case against all odds, then...

Xu De paused, then turned his gaze to the agent's seat, raising an eyebrow.

A smile spread across his face as he excitedly said:

"It's time to ask Tianhe Pharmaceutical for a little something..."

"Hmm, just a little bit."