Chapter 292: Unbelievable Remarks, Tang Chi Is a Drug Lord
"Defendant's lawyer, do you have anything else to say?"
Huo Zheng looked at Lin Mo and asked.
Lin Mo: "President, my core point is that our client does not regard clobazam as a drug for trafficking, either subjectively or objectively.
Instead, clobazam is used as a drug.
The subjective element of the crime of drug trafficking is ‘knowingly selling drugs, and negligence does not constitute this crime’
The objective element is ‘the transfer of drugs for a fee or the illegal acquisition of drugs for the purpose of trafficking’
During the process of smuggling and selling Clobazam, our client did not know that Clobazam was a drug, and the name of the sale was to treat rare and refractory epilepsy.
Therefore, our client does not constitute a subjective construction of the crime of drug trafficking.
Therefore, I believe that our client’s behavior does not constitute drug trafficking in the legal sense.
Presiding judge, I have finished my statement. "
Lin Mo's tone was very flat, like a narrative.
Huo Zheng and the other two judges did not change their expressions, but looked at Gao Chi.
In Luo Daxiang's live broadcast room.
Everyone thought Lin Mo was right.
"Dean Tang does not constitute the subjective elements, so does that mean he cannot be convicted of drug trafficking?"
"Well, that's what I say, but you have to ask the judge to confirm that Dean Tang's clobazam is for medical use."
"Ah? Isn't this obvious? The judge shouldn't be blind."
"...."
Netizens are talking a lot.
At this time, Luo Daxiang also calmly explained: "Everyone, what Lawyer Lin said is right, but if you want the judge to determine that the clobazam sold by Dean Tang is for medical use, it is not as simple as just talking.
Under normal circumstances, the defense lawyer should present the professional evaluation of clobazam by a foreign drug testing agency.
This is used to prove the medicinal properties of clobazam and allow the judge to have an intuitive understanding.
But here, Lawyer Lin did not present any evidence, but only spoke verbally, which was difficult to convince the judge. "
Speaking of this, Luo Daxiang also frowned slightly.
Could it be that Lin Mo was negligent?
But after watching Lin Mo's court hearings so many times, he believed that Lin Mo would not make such a low-level mistake.
Does Lin Mo have any back-up plan?
Luo Daxiang did not dare to make an assertion easily, but just said: "Everyone, keep watching, Lawyer Lin should be able to find a solution."
In Dharma Realm Wu Yanzu's live broadcast room, he also saw Lin Mo's loopholes, but he was different from Luo Daxiang.
He said directly: "Family members, it is impossible for Lawyer Lin to make such a stupid mistake!
What does this mean? Judging from my many years of experience studying Lawyer Lin, this shows that Lawyer Lin is very abnormal! And the more abnormal Lawyer Lin is, the more interesting he is! "
Everyone is guessing what Lin Mo will do.
After all, everyone saw it, and it was impossible for Lin Mo not to know, so he became more and more curious.
At this moment, Gao Chi seemed to have caught some great opportunity and immediately raised his hand: "Presiding Judge, I have something to say."
"Please tell me."
Gao Chi cleared his throat: "Ahem, the defendant's lawyer just said that the defendant sold clobazam for medicinal purposes.
However, no evidence or information about the medicinal use of clobazam was presented, making the authority unconvincing.
But here, I have records of adverse reactions in children after they stop taking the medicine.
Moreover, it is recorded and provided by the police, so the authority is absolutely guaranteed! "
In a case, the prosecutor can ask the police to collect and provide relevant evidence.
Obviously, during the investigation phase of the case, the prosecutor in charge was very careful and collected the most complete evidence.
Of course, this was actually Gao Chi's request, and the request was to take over the previous prosecutor's place in the trial.
Because prosecutors in the investigation stage of the case are unwilling to be public prosecutors and do not want to come out and be scolded.
Gao Chi seized the opportunity.
Then, he asked the staff to retrieve the recorded information.
A table was displayed on the big screen, titled "Table of epileptic seizure time for children in nursing homes."
Fifteen of the children were selected and recorded for ten days.
Gao Chi: "Please see, the number of days marked in red is the number of epileptic seizures in children."
Everyone looked at the days on the table and were surprised to find that every day was marked in red!
Gao Chi continued: "Yes, as you can see, 15 children will definitely have epilepsy once a day!"
After speaking, Gao Chi looked at Lin Mo and asked, "Then I would like to ask the defendant's lawyer whether the frequency of these attacks is too high!
According to a medical report in my country, the average interval between epileptic seizures in ordinary patients with epilepsy is several days, or even once every few months.
So why do the children who are being treated in this health care home run by Tang Chi have such frequent attacks after they stop taking clobazam and other drugs?
Defendant’s lawyer, please answer this question! "
After speaking, Gao Chi looked at Lin Mo proudly.
At this time, everyone's eyes were on Lin Mo again.
Yeah, why do children have seizures so much more frequently than other people with general epilepsy?
Even Huo Zheng looked at Lin Mo: "Defense lawyer, please answer this question."
Although he was stared at by many eyes, Lin Mo remained calm and calm, saying calmly: "Presiding Judge, I refuse to answer this question."
Wow.
There was an uproar when these words came out!
Everyone opened their mouths slightly, confused.
Why not answer this question?
The lawyers widened their eyes, which was even more puzzled, because professionals all knew that this question was very important!
Luo Daxiang was also puzzled. As a well-known legal scholar, he was very sensitive to Gao Chi's remarks.
Especially what Gao Chi said, after stopping the medication, epileptic seizures became more frequent.
This obviously wanted to link frequent epileptic seizures with the withdrawal reaction of drug use.
If Lin Mo refused to answer, the judge might think that you acquiesced to the words of the prosecutor.
It is an absolute taboo!
So most lawyers were shocked by Lin Mo's refusal to answer.
Tang Chi in the center of the court blushed and wanted to explain something, but he held back. He remembered Lin Mo's plan.
In fact, this question is easy to explain.
Tang Chi's own child is a rare and intractable epilepsy patient, and the parents of the children who came to him to buy drugs such as clobazam are also the same epilepsy patients.
And patients with rare and intractable epilepsy are essentially different from ordinary epilepsy patients.
The incidence of rare and intractable epilepsy patients is extremely high, and the risk of death is extremely high!
This is also the reason why the incidence of children is extremely high after clobazam was discontinued, because they originally suffered from rare and intractable epilepsy.
But Lin Mo's plan did not allow him to explain, so he held back.
In the trial seat, Huo Zheng frowned slightly and did not say much.
Seeing this, Gao Chi was delighted and took advantage of the situation to continue: "Judge, so I think that the children's frequent epileptic seizures should be the withdrawal reaction after taking clobazam!
In fact, the children who took clobazam have become addicted, and once they leave clobazam, they will have a strong withdrawal reaction!"
Maybe because he was too happy, Gao Chi's face flushed, his breathing was rapid, and he had to slow down before continuing:
"So, Judge, regardless of whether clobazam is a drug, is there a possibility that Tang Chi is actually cultivating drug users?
Under the guise of using clobazam to treat epilepsy, children were given clobazam until they became addicted and could not leave clobazam.
These addicted children begged Tang Chi to sell them drugs.
At this time, Tang Chi could sell clobazam at a high level.
In this way, the children became drug users, and Tang Chi became a drug dealer.
He Tang Chi was not saving people at all, but cultivating his own drug dumping targets! He wanted to become a big drug lord!"
At this point, everyone was shocked!
Tang Chi cultivates drug addicts?
What kind of outrageous statement is this!