Looking at the man in front of him with a panicked and messy hair, Zhang Wei was also mixed with feelings.
He and Du Yansen are both senior partners of Quanjing Law Firm. They are both colleagues who have worked with each other for many years and competitors.
In the past, we fought for the position of clients and senior partners, and even met with each other.
That's it in the workplace.
However, the struggle between the two of them was still open and honest, and they did not use any secret tricks or other secret tricks behind their backs.
Now that he saw Du Yansen encountering such a big trouble, Zhang Wei was not gloating, but instead felt very uncomfortable.
This brother is also suffering from his life.
First, because of the risk agent used in a criminal case, the practice certificate was revoked for one month, and the practice certificate was just regained, but the first case was in trouble...
"Old Du, what's going on in your situation? Why is your agent still in a lawsuit?" Zhang Wei asked in a deep voice.
Du Yansen clenched his fists and gritted his teeth and said, "It's all that bastard Zhang Renjie! I've been working with him for a long time. I didn't expect that this person who was raising me would bite me in court!"
"Zhang Wei, you must believe me. I have never let him threaten or bribe the victim from beginning to end. How could I do such a thing that interferes with the judicial process?"
"It's all Zhang Renjie, the idiot who misunderstood what I mean..."
Du Yansen's face looked extremely ugly.
He would never have thought that Zhang Renjie would come like this.
Zhang Wei frowned slightly and slowly stroked his chin: "According to your words, there is indeed something wrong with Zhang Renjie's understanding..."
"Yes! I don't know if this person is not in his mind or if it's a bit of a nerve, but he can actually come up with that stupid way! I'm on the horse..." Du Yansen was so angry that he wanted to beat Zhang Renjie up.
His mother didn't know him.
"Old Du, even though that is the case, your trouble is still quite large."
Zhang Wei's face was quite serious and he analyzed rationally:
"First of all, you can't prove whether your intention is mediation or threat. After all, the word "handled" is ambiguous in itself and can completely extend different understandings."
"Secondly, even if the collegial panel believes that your original intention is good, to be honest, as a lawyer, it is a serious dereliction of duty as a lawyer, as a lawyer, to not clearly convey the meaning to the parties, causing misunderstandings and thus causing the crime to occur."
Hearing words.
Du Yansen's eyelids twitched and he hurriedly said, "I also know that the current situation is very unfavorable to me... That's why I came to ask you for help. Zhang Wei, for the sake of you and I have known each other for many years, I must help me this time!"
"You mean, do you want me to be your agent?" Zhang Wei asked.
"That's right!"
Du Yansen focused his head and looked directly at Zhang Wei and said, "Zhang Wei, although we have been fighting for so many years, it is limited to business affairs. We have never had any conflicts in private."
"I believe in your character and your ability. Now you can only save me."
After pondering for a moment, Zhang Wei grinned, patted Du Yansen on the shoulder, and said, "Old Du, thank you for trusting me so much. Don't worry, since you speak this, I will definitely help you."
"Thank you, really, thank you very much."
Du Yansen folded his hands together, looking grateful.
Then he looked at Zhang Wei with anticipation and asked, "You said, can you defend your innocence in this matter?"
Zhang Wei thought for a moment and said in a deep voice: "You are suspected of instigating a crime now. If the crime is convicted, you will be sentenced as per the crime of obstructing testimony."
"The condition for the establishment of an instigator is that he has the object of instigation, the act of instigation and the intention of instigation."
"The target of instigation, there is nothing to say about this."
"Assisted act, according to judicial interpretation, as long as others commit illegal acts that meet the constituent elements, it will be considered as instigation."
Upon hearing this, Du Yansen hurriedly said: "But there is also an explanation in the judicial interpretation that it is difficult to identify as instigation if others commit so-called unspecified crimes."
"I just told Zhang Renjie to 'get' the victim, and did not explain a specific method. I don't think this should be considered an instigation."
"You are right, we can indeed strive for the determination of instigation."
Zhang Wei nodded slowly and continued:
"Then it's instigation on purpose!"
"my country's criminal law theory generally believes that the intentional content of an instigator is to recognize that his instigator will cause the instigator to have criminal intentions and then commit crimes, and the instigator's criminal act will have consequences that endanger society, and hope or let the instigator's instigator be allowed to be Instigate a person to commit a crime and its harmful consequences."
"If the instigator can be determined and does not wish or allow the occurrence of harmful consequences, it should not be considered a crime."
"Your subjective intention was to ask Zhang Renjie to mediate the victim. It was completely unpredictable that the other party would misinterpret your intention, create a criminal intention and then commit the crime."
Zhang Wei narrowed his eyes slightly and said in a deep voice: "If you think so, you should not be considered as having intentional instigation!"
"Yes, yes! You're right, how did I know he would understand that way?"
"No one with a normal mind can do such a stupid thing!"
Du Yansen's eyes shone, as if he saw hope.
But Zhang Wei poured a basin of cold water on him.
"But Lao Du, don't be too happy too early."
"With that being said, there is such a saying in criminal law theory."
"If the acts performed by the instigator in accordance with the contents of the instigator's instigation still have the risk of the result, it is difficult to deny that the instigator has criminal intention, and should be treated as the instigator."
Zhang Wei frowned slightly: "If you follow this theory, you are still in danger."
Upon hearing this, Du Yansen's face changed suddenly and she frowned and began to think.
"The criminal law theory does have this statement, but the premise is that the instigator has specific and clear instigation content!"
Du Yansen said slowly after thinking for a moment: "But in this incident, I did not have any specific and clear instigation for Zhang Renjie. The reason why he committed subsequent criminal acts was entirely based on his own subjective malice."
"Maybe there is some reason for me, but it's mainly his own thoughts."
Zhang Wei nodded and said, "Yes, we can start from both the instigation and the instigation, and take a two-pronged approach. As long as any one of them is accepted by the collegial panel, you will have much less trouble."
"Now we have determined the basic litigation strategy and defense ideas, but we still have to add more details."
"Um!"
Both of them were excellent and experienced lawyers, and immediately discussed Du Yansen's situation.
Especially Du Yansen, his ideas are unprecedentedly clear, and various laws and regulations and judicial interpretations can be blurted out.
After all, the outcome of this lawsuit is closely related to him.
It's easy to win.
If you lose, it will not be as simple as revoking your practice certificate.
...
at the same time.
Procuratorate, in a conference room.
All staff from the Public Prosecution Department 2 were present, with a solemn expression on their faces, and piles of materials were placed in front of them.
Originally, the Zhang Renjie case was just an ordinary medical accident case, but it involved more criminal activities during the trial.
Now, the staff of the Public Prosecution Department 2 are going to conduct an analysis and discussion on the latest situation of this case.
The director is the senior prosecutor, Chen Tianci.
"Tell me what I have investigated." Chen Tianci said.
After speaking, a thin young man on his left hand spoke first: "I checked the academic record file from a 211 Medical University based on Zhang Renjie's academic qualification information, but did not find any relevant information about him."
"According to the information inquiry on the Xuexin Network, Zhang Renjie graduated from a university that is actually a three-tier university."
"His education is indeed fake!"
"However, due to the long term, the gang that sold him fake education to him would take some time to find it."
Then, the female assistant prosecutor sitting opposite him said, "I found out here that Zhang Renjie had never taken the practicing physician qualification certificate exam at all."
"Half an hour ago, I received a message from the police that they had initially locked down the identity information of the gunman and were deploying arrests."
Chen Tianci nodded slowly: "It seems that Zhang Renjie's academic qualifications are fake and the replacement exam are true, but it still needs to continue to investigate in depth to add details."
"What are the actual damage and social impacts caused by his actions, what crimes should be prosecuted, and sentencing opinions, all of which must be implemented."
"We must especially focus on investigating medical accidents related to Zhang Renjie!"
"Yes!" everyone responded in unison.
Chen Tianci looked at another assistant prosecutor wearing glasses and asked: "Xiao Zhu, is the Changhe Street Police Station investigating the unqualified medical equipment of Aikang Hospital?"
"Yes, Director, the relevant personnel in the matter have applied to our procuratorate to intervene in the investigation in advance, and the case is there." Xiao Zhu said.
Chen Tianci frowned slightly, "You continue to discuss, I'll go there and ask for the eucalyptus."
"Medical device cases, medical malpractice cases, and this case of fraudulent academic qualifications and replacement examinations, and the case is investigated!"
"This Aikang Hospital seems to be a big problem. Taking Zhang Renjie and the vice president as a breakthrough, I can find out all the problems in this hospital clearly, it is clear!"
Medical care is about people's livelihood and health!
Even if it is a small problem, it is a great event in the medical industry.
You must not be careless.
Chen Tianci directly ordered a thorough investigation.
also.
The police, the Health Commission, Economic Investigation and other departments also launched an investigation into Aikang Hospital at the same time.
Economic issues, medical ethics issues, work style issues, medical device issues...
All aspects are within the scope of investigation.
Even the tax department and fire department have begun to pay attention to Aikang Hospital.
This time it was not a joke, it was another joint action between various departments.
Aikang Hospital was in a panic for a while, and everyone was in danger.
From the director and vice president, to the intern doctor and nurse, and even the cleaning staff and nurses in the hospital, they were worried.
Take cleaning for example. It’s not a big deal to take bottles of detergent from the hospital or roll up garbage bags, right?
Even if the leader discovers, he may not say anything.
After all, these are just gadgets worth a few dollars.
But if you really want to go into it, this behavior may be suspected of theft or embezzlement.
During special times, my heart is raised to my throat.
In short, during this period, Aikang Hospital must have been full of plants and trees.
From the moment the procuratorate's special investigation team entered Aikang Hospital, this tension and even panic began to spread rapidly and quickly spread to the entire pharmaceutical industry in Longcheng!
Suddenly, countless people panicked.
In fact, there are inevitably some violations of regulations, laws, and even criminal acts in all walks of life.
This kind of thing cannot be avoided.
Just like in the auto repair industry, who would have thought that such behaviors as smashing cars and cheating insurance and stealing auto parts were exposed before it was exposed?
The same is true in the pharmaceutical industry.
The layman doesn’t know, but how can the insiders in their circle not know?
Especially private hospitals, small clinics and some pharmacies, there are more or less chaos.
This kind of thing is actually not far from the life of ordinary people.
Usually, if you have a cold, fever, inflammation, etc., most people don’t go to large hospitals, and more people choose to get some medicine in the pharmacy.
Drugs are divided into Class A drugs, Class B drugs, and Class C drugs. There are differences in the reimbursement range of medical insurance.
Class A is 100% reimbursed, and pharmacies can get very little profit.
Class B can reimburse part of the product in proportion, and the profit is not high.
Category C cannot be reimbursed for a penny, and the profit is very high. Generally, imported drugs and special drugs are used.
In this case, some pharmacies will give priority to recommending C-type drugs to patients, after all, the profit is high.
It is not a big deal to put it in normal times.
After all, there is no forced buying and selling, nor is there fake medicine sold.
But now it is different. The entire industry is being investigated strictly. Even a small problem will be magnified countless times at this moment!
then.
Many private hospitals, clinics, and pharmacies have begun to conduct self-inspection and self-revision.
"From today on, everyone will be a human being with my tail between me and do things with my conscience! If anyone is tired of the colorful world outside and wants to go into the quiet and quiet place, I will say nothing!"
"From the current situation, this storm cannot be limited to Aikang Hospital. I'm afraid the entire Longcheng pharmaceutical industry will be affected, so please be cautious!"
"If anyone finds a problem by the Health Commission, he will voluntarily resign as soon as possible. Those personal behaviors that are purely yours have nothing to do with the hospital, and the hospital does not know about it and does not participate!"
"Who has had a medical accident recently and has had a dispute with the patient. He took the initiative to come to the door to apologize and ask for understanding. The big things are turned into small things, and the small things are turned into small things. If they cannot be turned into pieces, get out of the bed!"
“…”
With the lessons of Aikang Hospital, no one dares to take it lightly.
It is easy to tell if the problem is found inside me. If the problem is found by the Health Commission or even the police, it will be a big problem.
Some people who knew that their problems were serious and could not be remedied were already cleaning up the fines and prepared to run away with their sister-in-law.