Chapter 14 Decision not to prosecute
"Tell me!"
Ten minutes later, just ten minutes after Genzoji handed over the decision to not prosecute to the court, Genzoji was called to Attorney General Tokuda Yuki's office: "What's going on? Don't think you are Genzo, I'm afraid of you."
"I think that the current legal symptomatic treatment of spinal muscular atrophy is expensive, which makes it difficult for ordinary patients to bear. Because of this, Shen Liang Jingnan had no choice but to implement the behavior of this case when he and his patients were unable to bear the economic burden of taking legal imported drugs. Shen Liang Jingnan's relevant regulations on purchasing and helping others purchase unauthorized imported drugs.
However, Shen Liangjingnan's behavior is not a sales act, it does not comply with Article 141 of the Criminal Law and does not constitute the crime of selling fake drugs. If Shen Liangjingnan's behavior is determined to constitute a crime, it will deviate from the values that criminal justice should have. Our law should be to protect the interests of the victims rather than to create so-called victims to maintain the authority of the government.
"You are so embarrassed for me!" Attorney General Tokuda Yuki looked at the god of Genzo: "You are a noble, but I am not. You have the protection of the royal family and the cabinet, but I don't. The power of capital is very strong!"
"I don't think that in a country that values human rights, capital can be more than public opinion. The theory of human rights supremacy is already very common in Japan. We should mobilize the power of the masses!" said Genzo Shen.
"Stop, don't talk about the people anymore!" Prosecutor General Tokuda Yuki stopped Genzoji: "The people are useless. Today, you have to prosecute me even if you don't want to prosecute them. This is an order!"
"I understand!" Yuan Zong Shen clenched his fists with both hands tightly
"You go out!" Prosecutor General Tokuda Yuki waved his hand and started to chase people.
Dong! A loud bang came, and the God of Yuanzong closed the office door with force.
"What's wrong?" Reiko Kujoo asked as she looked at the tired Genjue God.
"Look at it for yourself!" Yuan Zong Shen pointed to the file on the table and said.
Reiko Kujo picked up the file: "The crime of smuggling, the crime of illegally selling fake drugs is sufficient evidence, and it is easy to prosecute. Are you confused whether it is because of public opinion or because of conscience and morality?"
"Moral!" The God of Yuanzong hugged his head.
"You should know that as law enforcement officers, we should not bow to the law!" Reiko Kujo picked up the prosecutor's uniform coat on the stool and put it on the god of Genzo.
"Help me!" Yuan Zong Shen whispered.
"What?" Reiko Kujo thought she had heard it wrong.
"I said help me!" Yuan Zongshen raised his head: "I decided not to prosecute this case. Since we cannot submit it in procedurally, we will submit it in court!"
"Are you crazy?" Reiko Kujo looked at Genzo Son: "The case of Shen Liang Jingnan is being tried publicly. The decision not to prosecute in court cannot be withdrawn!"
"I'm not crazy!" Genzo-shen looked at Reiko Kujo: "What Japan lacks the most is the warmth of human feelings, the judiciary is cold, and justice is used to maintain fairness and justice. It is not used to maintain the rule of government and adhere to justice for the people, but to grasp the starting point of the rule of law and ending all to "protect and safeguard the rights of the people" in accordance with the law."
"Either you are crazy or I am crazy!" Reiko Kujoo thought this was her first expression of horror: "I agree, I agree to be the prosecutor's assistant to Shen Liang Jingnan!"
"Thank you!" Genzo God looked at Reiko Kujo seriously: "This decision to not prosecute will open the door for the desperate people, you saved them."
"It's us!" Reiko Kujoo walked to the door and suddenly turned around: "I'll go to the Metropolitan Police Department to sort out the evidence."
"Yes!" Yuan Sect God looked at Reiko Kujo with a smile.
After Reiko Kujo left, Genzo Shen took out his cell phone and called: "Uncle, I am responsible for the case of Shen Liang Jingnan. I hope this case is not controlled by capital!"
After a moment of silence, "I will do my best, but this question should be asked by your father. After all, Genji Heavy Industry, which he mastered, is the real giant!"
"He..." The God of Yuan Sect was silent for a while: "I'm dead!"
"Actually, your father..." Before he could finish speaking, Yuan Zong Shen hung up the phone.
"I don't know what happened to my father. I came over here and I had no memory. I didn't even have a phone call in my mobile phone address book, so how can I contact me!" Genzo Son-Shen lying on the table: "Wait, Genji Heavy Industry?"
Genji Heavy Industry quickly opened the computer to search Genji Heavy Industry. Genji Heavy Industry was founded in 1874 and is the largest military-industrial manufacturer in Japan. The military order amount received by the Defense Department was 500 billion yen, ranking first among all military-industrial enterprises. The equipment produced by Genji Heavy Industry undertakes F-35 fighter jets, as well as Type 90 and Type 10 tanks, which plays a core role in the Aviation Self-Defense Forces and the Ground Self-Defense Forces. In the Maritime Self-Defense Forces, Mitsubishi Heavy Industry built almost two-thirds of submarines and one-third of destroyers, and built 23 nuclear power plants in Japan, and 34 nuclear power plants in the United States, Russia and Germany.
"I guess there is some dark side!" Yuan Zongshen looked at these information. The bigger the enterprise, the bigger the dark side, especially in capitalist countries.
As for the call that Genzo Sectan just made was for Genzo Sectan’s uncle, the current Minister of General Affairs of Japan is also one of the candidates for the next Prime Minister of the Cabinet.
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A few days later
Tokyo Local Court, Japan
Yuan Zong Shen stood in court
"Now, please read the indictment!" said the magistrate sitting on the rostrum.
The defendant Shen Liang Jingnan, male, was born on April 6, 1965, Yamato, undergraduate, private business owner, legal representative of Tokyo Shadall International Tourism Company, Japan, registered residence: Tokyo, Japan...
Defense attorney Kubota Koma, lawyer at Tokyo Shangquan Law Firm.
The case was concluded by the Tokyo Metropolitan Police Department. On April 15, 1991, the case was transferred to the Tokyo District Procuratorate for review and prosecution for suspicion of obstructing credit card management, selling fake drugs, and smuggling.
On May 12 of the same year, the Tokyo District Procuratorate returned the case to the Tokyo Metropolitan Police Department for additional investigation. On June 10 of the same year, the Tokyo Metropolitan Police Department re-transferred the case to the Tokyo District Procuratorate. On July 10 of the same year, the Tokyo District Procuratorate transferred the case to the Tokyo District Procuratorate. On July 10 of the same year, the Tokyo District Procuratorate transferred the case to this court. This court extended the review period for this case by 15 days in accordance with the law. On July 22 of the same year, this court filed a public prosecution against the Tokyo District Court for obstructing credit card management, selling fake drugs, and smuggling.
The Tokyo Metropolitan Police Department transferred the criminal facts to review the prosecution opinion:
In August 1990, Lu Yong successively purchased three sets of bank cards with other people's identity information from... (handled in another case) in the name of "DHJK33659" on the Internet for $5,009 per set. After purchasing these three cards, Shen Liang Jingnan used a Tokyo bank card named Kawato Tokushiki to absorb funds for selling fake drugs.
In a year, Australian Ainsanjay opened two accounts Jainsanjay and Jainmadhu at Mitsubishi Bank in Tokyo to absorb funds involved in the drug trafficking. Since January 1989, Jainsanjay and Shen Liang Jingnan jointly sold the nusinol sodium produced by Australian "cyno pharmaceuticalsltd" company in China by sending online emails and contacting customers with QQ groups. Shen Liang Jingnan used Mitsubishi bank accounts of Kagoshima patients Luo ** and Yang ** to collect drug sales funds for him.
Until August 1990, in order to evade the blow, Shen Liang Jingnan redirected the funds for selling Australian drugs and purchased the Tokyo bank card from an Internet online store with a ** American green card. It was used to collect funds for the Australian "cyno pharmaceuticals1td" company Jainsanjay to sell drugs in Japan.
It was confirmed by the State Food and Drug Administration that the drugs sold by Shen Liang Jingnan Gang "cyo" company in Japan are not sold under Japanese imported drugs license.
Since 1986, Shen Liangjingnan has sold more than 3 million yuan in these drugs. During this period, he has repeatedly remitted the money to Zhang **, an account engaged in foreign trade in Hokkaido, at the instruction of Jainsanjay.
After review by this court in accordance with the law, it was found that:
In 1980, Shen Liang Jingnan was diagnosed with spinal muscular atrophy and needed to take the drug Nocinarin sodium for a long time.
The regular drug "Nosina Sodium" series of regular drugs that are included in my country's symptomatic treatment of spinal myocardial committee are imported from the US, with a box of 2.63 million yen. Shen Liang Jingnan once took the drug. In order to communicate with patients with the same disease, and to convey information about seeking medical treatment and drug-seeking information to each other, by increasing the number of people who purchase the same drug, Lu Yong established a Facebook group for patients with spinal muscular atrophy since April 1987.
In September 2004, Shen Liang Jingnan purchased similar drugs produced by him from Australia through others, and the price was about 24,000 yen per box. The effect of taking them was the same as the "Nosina Sodium" imported from the United States.
Afterwards, Shen Liang Jingnan contacted the drug distributor, Xisoton, Australia, directly and began to purchase drugs directly from the company.
After taking it for a period of time, Shen Liang Jingnan felt that similar drugs in Australia were effective and cheap, so she recommended them to her patients through online Facebook groups and other methods. Patients in online Facebook groups also joined the ranks of purchasing the drug from Australian companies.
Shen Liang Jingnan and her patients first paid the Australian company for the purchase of medicine through international remittance methods such as Western Union.
During this process, Shen Liang Jingnan also used his expertise in English and biological expertise to translate emails and other information about the company for free for patients.
As patients spread among patients, the number of domestic leukemia patients who purchased the anti-cancer drug from Australian companies gradually increased, and the price of drugs gradually decreased until each box was more than 15,000 yen.
Due to the aforementioned payment method for purchasing medicines, the Japanese yen must be converted into US dollars and converted into AUD, and the English must be used, which is complicated and difficult to operate.
The patient seeking medicine asked the company to open an account in Japan to facilitate payment.
The company negotiated with Shen Liangjingnan, who was the first to purchase medicine from the company, and Shen Liangjingnan set up a bank account in Japan to receive the patient's purchase of medicine.
The purchase of medicines is also transferred regularly to the domestic bank account designated by the company. After Shen Liang Jingnan counted the specific amount of medicines purchased by each patient and informed the company, India's Sano Company directly mailed the medicine to the patient. The company promised to provide the medicine for free to the patients who provided the account.
Shen Liang Jingnan posted the company's idea in the Facebook patient group. Hokkaido patient Luo ** contacted Shen Liang Jingnan and was willing to provide himself and Yang **'s bank account in exchange for free medicine. Lu Yong used the account provided by Luo ** through the online banking U-Shield. After the patient paid the purchase of the medicine to the account, he transferred the purchase of the medicine to Zhang **'s account and notified Indian Sano Company to send the medicine to the patient, exempting patients who purchased the medicine from exchange and translation and other tedious labors in the past.
After using Luo** and Yang** account to pay for the purchase of medicine for a period of time, Luo** heard that the transaction volume of the bank card was too large, which may lead to suspected money laundering and was unwilling to provide it with it.
According to the evidence in the document, a total of 37 patients who were verified to be true had purchased more than 10 anti-cancer drugs worth about 1.65 million yen from the company through three bank accounts provided and managed by Shen Liang Jingnan.
The help provided by Shen Liang Jingnan to the patients was free of charge. The more than 10 anti-cancer drugs purchased, including "VEENAT100", "IMATINIB400", and "IMATINIB100", were identified by the Food and Drug Administration, and were imported without my country's approval.
The above facts are confirmed by the following evidence:
1. The evidence proving that Shen Liangjingnan purchased three debit cards include: (1) the seized online banking U-shield and the bound mobile phone card; (2) bank debit card account opening information; (3) transaction records; (4) bank transaction details; (5) testimony; (6) Shen Liangjingnan's confession, etc.
2. The evidence that Shen Liangjingnan provided for the account used to pay the drug purchase fee to an Australian company is:
(1) The witness's testimony confirmed that he knew Shen Liang Jingnan in 1990. His daughter published an article titled "Who Can Save My Father" online. After Shen Liang Jingnan learned about the article, she took the initiative to contact him and provide help to him.
The purpose of Shen Liang Jingnan's Facebook group is to facilitate patients and exchange information on drug-questioning information; the second is to organize patients to negotiate with drug manufacturers after the patient group expands.
(2) Witness **, **'s testimony proof, provide personal bank account for Shen Liang Jingnan.
(3) Testimonials of witnesses **, ** and other patients confirmed that it is very complicated to purchase the drug through international remittance methods such as Western Union, and some patients find it difficult to understand the operation process. Shen Liang Jingnan provides an account to facilitate patients to pay for the drug, so that the patients can obtain the drugs in a timely manner and extend their lives. The patient expresses deep gratitude to Lu Yong.
(4) There are testimonies of 21 patients who purchase drugs and corresponding bank account details. After the drug purchase patients searched online or contacted Lu Yong directly, they transferred money to four bank accounts managed by Shen Liang Jingnan, and then received anti-cancer drugs mailed by Australian companies. At the same time, most of the 21 patients who purchase drugs proved that the drug was effective and had no adverse reactions, and no one proved that it caused damage to human health due to taking the drug.
(5) Shen Liangjingnan's confession, he provided seven accounts to patients who purchased anti-cancer drugs from Australia for patients to pay for the purchase of drugs.
His confession also said that the purpose of recommending Australian drugs at online groups or patient exchange meetings is to "communicate with patients and improve the quality of life of leukemia patients."
"Providing a yen account is more about solving the complex problems of patients not understanding English and international remittance procedures, rather than helping Australian companies sell."
(6) Some drug purchasers have Facebook chat records and mobile text messages with Shen Liangjingnan to prove that the patient contacted the drug purchase and Shen Liangjingnan asked for payment to the designated account.
(7) Japan's State Food and Drug Administration issued a "Reply on Coordinating the Inspection of Import and Sales License Information of "VEENAT100" and other drugs" to prove that the three drugs "VEENAT100", "IMATINIB400" produced by the company "Cyno pharbsp;Ltd" mentioned in the letter were not found in the data query database of the State Food and Drug Administration.
This court believes that Shen Liangjingnan's behavior of purchasing and helping others to purchase unauthorized imported anti-cancer drugs violates the relevant provisions of the Drug Administration Law, but Shen Liangjingnan's behavior is not a sales act, does not comply with Article 141 of the Criminal Law, and does not constitute the crime of selling fake drugs.
Chapter completed!