Lawyer's character

The question now is what to do about Xiaozhi. Xiaozhi is no longer young and has his own ideas. Moreover, he has deep feelings for his biological mother. It is hard to say whether he can fully accept Yunmei.

"Look, I told you that you are not willing to let Xiaozhi follow me to study abroad. He will live abroad for a few years. By the time he returns from his studies, you and Yunmei will already be done. I believe that time will help. It changes a person." Li Shuming took a few napkins from the paper box on the table, wiped the grease nipple, and said.

"What you said is unrealistic. Xiaozhi doesn't want to leave. He has his own ambitions. Besides, I also want Yunmei to have more contact with him and slowly integrate into him..." Fang Yi rubbed his face hard and said .

"Let me ask you, what do Yunmei think?" Li Shuming asked.

"This is the advice she gave me, so during this time she was thinking of ways to contact Xiaozhi.

Can you believe that a woman who has never played games actually learned how to eat chicken for Xiaozhi? She would use her mobile phone to team up with Xiaozhi to eat chicken whenever she had free time. "Fang Yi looked at Li Shuming.

Li Shuming didn't speak. He reached out and patted Fang Yi on the shoulder: "Brother, I'm not talking about you. What else can you say to such a woman? If you two get together, she will definitely do nothing wrong with Xiaozhi in the future."

"Well, I think so too. Last night she was still trying to persuade me not to tell my child too early, for fear of affecting his learning." Fang Yi asked.

"There is a saying that life is about arrival, meeting, companionship, and leaving. As far as the big proposition of 'life' is concerned, a little setback between you is not a bad thing. You should deal with it slowly, but in the end you must give others a Only in this way can we be frank and honest throughout our lives." Li Shuming said seriously.

"Yeah. That's for sure." Fang Yi also felt a little sorry for Yunmei.

"That's right. Let's talk about it first. Find out what it's like for middle-aged people to fall in love. Don't tell Xiaozhi yet. Wait until Yunmei and him are in a harmonious relationship before revealing it to him. This kind of thing can only be revealed to him. Being wise cannot be forced.

If you can't speak, I'll talk to Xiaozhi. "After Li Shuming finished speaking, he shouted to the owner of the food stall in the distance: "Boss, please give me two more kidneys and two cups of draft beer. "

"Why do you eat so many kidneys? Be careful of nosebleeds at night." Fang Yi was startled.

"My buddy ordered this for you. You worked so hard last night that you couldn't make up for it! Haha..." Li Shuming laughed.

Fang Yi was speechless for a while and silently accepted the arrangement of his old friend.

…

Soon Tao Ji's second trial for illegal medical practice began. When Fang Yi delivered his defense opinion in the second trial, he said that foaming at the corners of his mouth meant that he was risking his life. The procuratorate still adhered to the opinion of the first instance, believing that Tao Ji's behavior constituted the crime of illegal medical practice, and the first instance verdict was correct.

After deliberation, the collegial panel of the second instance announced the verdict in court.

The Intermediate Court responsible for the second instance held that the appellant Tao Ji illegally practiced medicine without obtaining a medical qualification and caused the death of others. His behavior constituted the crime of illegal medical practice.

Regarding the reason for the appeal raised by the appellant Tao Ji that his behavior did not constitute a crime, after investigation, it was found that although the appellant Tao Ji had been working as a doctor for more than 30 years, obtained a medical qualification certificate, and worked in the People's Hospital before retirement, he had not been admitted to the People's Hospital after retirement until the incident. On the same day, the appellant Tao Ji practiced medicine without obtaining a "Medical Institution Practice License", which was an illegal medical practice, so his reasons for appeal were not accepted.

The original trial procedure was legal, the conviction was accurate, and the civil compensation judgment was reasonable. It was not inappropriate for the original judgment to apply Article 336 of the Criminal Law.

However, considering that the appellant Tao Ji injected penicillin injections into the victim, which did not violate medical operating procedures, and that the victim died due to an allergy to the penicillin injection, his death had certain special characteristics. Taking into account the specific circumstances and social harm of this case, Tao Jike The sentence was lower than the statutory penalty. The original trial sentenced the appellant Tao Ji to ten years in prison, which was excessive.

Accordingly, in accordance with the provisions of Paragraph 2 of Article 189 of the Criminal Procedure Law and Paragraph 1 of Article 336 and Paragraph 2 of Article 63 of the Criminal Law of the People's Republic of China, the verdict is as follows :

1. Uphold the conviction of the appellant Tao Ji in Criminal Judgment No. 105 of the original court.

2. The sentencing part of the original court’s Criminal Judgment No. 105 on the appellant Tao Ji is revoked.

3. The appellant Tao Ji committed the crime of illegal medical practice and was sentenced to two years in prison, suspended for three years, and fined one thousand yuan.

The court of second instance still believed that Tao Ji was guilty of illegal medical practice, but sentenced him to probation. Although the sentence was changed from a ten-year prison sentence to a suspended sentence, Mr. Tao no longer had to be imprisoned, but he still refused to accept it.

Mi Jiahong and Tao Xuehong felt that although the verdict was not as good as expected, it was not completely unacceptable as a final verdict. After all, the old man was released and no longer had to go to jail.

That night, Tao Ji, who was taken home, was in good spirits even though he had lost weight again. He invited Fang Yi to his home for a long chat.

"Lawyer Fang, although the verdict was changed in the second trial, to be honest, I always think I am innocent. Can I apply for a retrial?" Tao Ji said unwillingly.

Fang Yi knew that Mr. Tao was trying to make a living. If the knot in his heart was not resolved, he would fall ill sooner or later. But this knot is really not that easy to solve.

"Your case has been decided, and it is the final judgment. You can apply for retrial. But you don't have no chance now." Fang Yi thought for a moment and said.

"What opportunity?" Tao Xuehong interjected.

"The court of second instance found that the old man constituted the crime of illegal medical practice, but it sentenced him to probation under the statutory penalty. According to the law, this situation needs to be reported to the Provincial High Court and the Supreme Court for approval according to procedures.

When the Supreme Court approves the case, the court of second instance must submit the judgment, all case files, evidence and other materials. The current hope lies in the approval of the Supreme Court. If the Supreme Court reads the defense statement and can adopt the lawyer's defense opinions, then there will be a chance for the case to be overturned. Otherwise... there is little hope for a retrial. "Fang Yi said with a serious expression.

"Is there a high chance that the sentence will be changed during the Supreme Court's approval period?" Tao Xuehong asked.

"To be honest, the chance is not high, it all depends on luck." Fang Yi replied: "We can only wait and be relatively passive."

Fang Yi's words caused the glimmer of hope that everyone in the room had just risen to disappear in an instant.

Tao Ji's case was a sentence below the statutory penalty. Although it needed to be reported to the Supreme Court for approval, lawyers could not do anything during the process. This approval process is not like the death penalty review process.

During the death penalty review process, lawyers can submit defense opinions and request communication with the Supreme Court judge reviewing the case. But in this case, lawyers and defendants can only wait.