Lawyer in the world of film and television

Chapter 136 135. Hearing

On January 2012, 1, Wenxing District held a public hearing on the case, inviting local Renda representatives, Zhengxiong members, people's supervisors, lawyer representatives and Cheng Yong himself to participate, and prepared to listen to opinions from all sides.

Prior to this, procuratorates at all levels searched a large number of laws and regulations and related cases.

The city court convened a meeting of law experts and law professors who served as special prosecutors to conduct demonstrations.

Then another public hearing was held today, in order to broadly listen to the opinions of people from all walks of life.

Of course, Zhang Wei and the medical representative were also in this meeting.

After all the participants are seated, the meeting will begin soon.

First, the Chief Prosecutor said: "This case is very special, and it has attracted the attention of people from all walks of life. The higher authorities also attach great importance to it. We also handle this case with a cautious attitude.

In particular, more than 1000 leukemia patients jointly wrote a letter to us, and Cheng Yong's lawyer also wrote a statement to our procuratorate.

After hearing this situation, we were touched and thought that this case was not like an ordinary criminal case.

Because this case is different from other criminal cases in terms of the subjective malice and harmful consequences of the crime.

Although we did not read all the letters of the leukemia patients one by one, our prosecutor visited a large number of leukemia patients.

They purchased Indian generic drugs through Cheng Yong and were witnesses in the case.

At that time, we went door to door to find out the case of those leukemia patients, and we did a lot of work to find out all about Cheng Yong's situation.

They are all willing to testify to Cheng Yong, saying that Cheng Yong's behavior is a good deed, and ask us to deal with it leniently.

They confirmed that the medicine purchased by Cheng Yong was curative, and also confirmed that Cheng Yong's motive was not to make a profit, and also confirmed that Cheng Yong did not make a profit during the whole process of purchasing the medicine.

This is the content of our current investigation. Now, representatives of all parties are invited to speak and share your views. "

First of all, the representative of Renda said: "First of all, Cheng Yong's criminal behavior is not only for himself, but also for other leukemia patients. It is justifiable and should be dealt with lightly.

But as mentioned above, the concept of people-oriented development is our core idea, and it is also the guiding ideology of our political and legal work!

I think the principle of our judiciary is to put people first and protect human rights.

So I think that although Cheng Yong's behavior violated the law, it still needs to be dealt with lightly.

As the Chief Prosecutor said just now, this case is different from other criminal cases. Cheng Yong's subjective malice is not strong, so I support a lenient handling, or even no prosecution. "

"Okay, does Commissioner Wang have anything to say?"

"Yes." Commissioner Wang nodded and said, "Although as mentioned above, his subjective malice is not strong, but as the saying goes, the law is merciless, and the work of the law is rigorous, so we can't mix it too much." feelings enter.

If you blindly bring your emotions into the law, this may make subsequent cases more difficult.

So I support handling this case in accordance with the law, but considering the particularity of his behavior, I also support a lenient handling. "

"Okay." The chief prosecutor nodded upon hearing this, "Does anyone have any other comments?"

At this time, an old man raised his hand: "Let me say a few words.

Just like what the Renda representative just said, the greatest philosophy of our country is people-oriented.

And in the personal rights and interests of citizens, what is the greatest right?It is the right to life.

Judging from Cheng Yong's case, our purpose in handling the case is to reflect "protection of human rights", especially to protect people's right to life and health.

I think Cheng Yong's behavior is a bit similar to emergency avoidance. In order to save the lives of thousands of leukemia patients who could not afford expensive drugs, he had to violate my country's drug management regulations and financial management regulations, and implemented illegal acts.

Cheng Yong protects the greatest rights of citizens: the "right to life and health". By harming a small number of interests, he protects a greater interest, so I think Cheng Yong should not be held legally responsible.

If the lawsuit against Cheng Yongbai is handled, I think it is completely in line with the fundamental value of "people-oriented, human rights protection" of our country's judiciary.

So I support the decision not to prosecute him. "

"No, old gentleman, according to what you mean, the interests of a small group of us deserve to be sacrificed?"

The medical representative immediately became anxious when he heard this. What you said is a bit wrong!Are the interests of a few of us not interests?
The old man shook his head and said, "I didn't say that. I just don't think his behavior meets the standard for prosecution. It's just a matter of fact."

The chief prosecutor nodded when he heard this, and said: "We have studied and discussed this case several times. The Shanghai Metro City Procuratorate has also inquired about this case, heard several reports, and sent people to our court for guidance.

There was indeed controversy when discussing this case, the most controversial being: whether Cheng Yong's behavior was a crime.

Some believed that Cheng Yong's behavior constituted a crime in terms of legal provisions, while others believed that although Cheng Yong's behavior was illegal, the circumstances of the crime were minor and did not meet the standard of a crime.

After repeated discussions at all levels of courts, and listened to the opinions of legal experts and scholars, the case was analyzed from the background, motivation and purpose of the case.

We believe that Cheng Yong’s purchase of Indian medicines is not for profit, but to help others, and his behavior cannot be regarded as sales.

We believe that because the characteristic of sales is buying and selling, it is a relationship of interest, and Lu Yong's purchasing of medicines is not for his own profit.

Do you have any problems with our explanation? "

"No."

"no problem."

"Reasonable."

Everyone also nodded, because there was nothing wrong with what the chief prosecutor said.

"Wait a minute." Just as everyone nodded in agreement and agreed with the Attorney General's point of view, the medical representative suddenly spoke.

"What everyone said just now is based on the fact that Cheng Yong did not make a profit! Suppose he made a profit from this before?!"

The chief prosecutor frowned when he heard this: "Some of the information you reported to us before, we couldn't find any evidence after certification.

Zhang Changlin, who was arrested before, admitted that he had been selling generic drugs in India before, and even the patients we visited all answered this way.

You can't attack Cheng Yong because of his previous import and export business in India, right? ! "

Hearing this, the medical representative smiled slightly, looking confident: "I have invited some witnesses today, and I would like everyone to listen to what they said."

(End of this chapter)