The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 161 Innocent defense!

……

Five p.m.

Jincheng.

a prison.

"Qin...Uncle Qin Qin."

Under Song Tiancheng's glaring gaze, Song Yun reluctantly yelled.

After shouting.

Just bowed his head.

I'm a little ashamed to say it.

And Qin Mu also looked a little embarrassed.

After Wang Dachui agreed to defend, they came to the detention center.

He planned to learn more about the situation from Song Yun first.

result……

As soon as we meet.

Song Tiancheng forced Song Yun to call his uncle.

Within a day, I added a new eldest niece and an eldest nephew.

All are in their forties.

"A big man, so coy, what does it sound like?"

Song Tiancheng scowled again with a straight face.

Then he said: "Your Uncle Qin is here to help you this time. If he has any questions, you can answer them honestly and don't hide them."

heard here.

Song Yun raised his head, and a gleam of light flashed in his dim eyes.

He had known for a long time that he was about to face prosecution.

Sentence for prosecution...

It's still 12!
None of the other prisoners awaiting trial in the detention center had a heavier sentence than him! !
After hearing that he may be sentenced to 12 years, one cannot help but be in awe of him.

He unknowingly...

He's about to become the boss of all the prisoners.

There are also those who throw objects at high altitudes, those who contract black intermediaries, takeaway poisoners, and a mother and daughter who are cursing...

These men are all convicted and awaiting prison vacancies.

He got to know these people while he was out.

Except for another middle-aged couple who were said to have been sentenced to 20 years in prison, he is now the one with the highest sentence in the entire detention center.

To his surprise...

These people seemed to be gnashing their teeth with hatred for a man named Qin Mu.

It has the same surname as his Uncle Qin.

"Okay, let's talk after leaving the detention center."

Qin Mu glanced at his "eldest nephew", feeling a little uncomfortable.

Subsequently.

Together with Song Tiancheng, he helped Song Yun get bail pending trial.

The procedure of bail pending trial is actually very humane.

It is only necessary to submit an application to the public security authority.

Those who meet the requirements can temporarily not be detained and await trial outside.

Generally speaking.

Except for those types of crimes of injury and crimes of endangerment, other crimes can be released on bail as long as the judgment of social harm is not serious.

Take Song Yun's situation for example.

He is a parrot raised by himself.

The harm to society, environment, and ecology is not great, and it meets the conditions for release on bail.

The only asymmetrical...

It is his sentence, which is ridiculously high.

……

after an hour.

The bail pending trial process is over.

Song Yun finally walked out of the detention center after being detained for several days.

See the day again.

The group returned to the nursing home.

Start sorting out the facts of this case.

"The court will start in six days. Whatever I ask you, you can answer."

Qin Mu looked at Song Yun and said straight to the point.

Song Yun nodded solemnly.

After being imprisoned for several days...

He doesn't want to go back for a moment now!
"When did you start raising these parrots?"

"five years ago."

"How did you get it?"

"Five years ago, I picked up a parrot in the woods in the countryside and took it back to raise it. Later, I fell in love with this business and thought about breeding it myself, so I bought another parrot to pair with."

Qin Mu's expression brightened slightly, and he raised his eyebrows and asked, "That is to say, you bought one first?"

Song Yun nodded, and said truthfully: "The parrot I raised is called Fei's Peony, and its fur color is bright. I didn't understand it at the time. Later, I studied it by myself, bought a lot of books, and bred sixteen by accident."

"Including the first two, there are eighteen in total."

Speaking of this.

Regret was written all over his face. .

If he had known that the sentence for this thing was so severe, he wouldn't have been thinking about it for five years.

in the end……

And put myself in it.

"A total of... eighteen?"

Qin Mu frowned and confirmed again.

This number indeed constitutes the "particularly serious circumstances" stipulated in the judicial interpretation.

No wonder the procuratorate's lawsuit demanded 12 years!
Song Yun nodded.

"During the breeding period, did you ever sell parrots?"

"No, I just sold it to those few customers a few days ago. I sold three of them, one for a thousand. I didn't want to sell them at the time, but they only asked for..."

"What are you keeping them for?"

"It's just for hobbies. I usually open a farmhouse, and I am idle when I am idle."

"..."

"During your detention, what confessions did you give to the prosecutors?"

"I... I just said what you asked just now, and then signed a book..."

Qin Mu asked here.

Suddenly froze for a moment, frowned and asked, "What book did you sign?"

Song Yun swallowed.

Not very sure: "It seems to be called a plea statement..."

The voice just fell.

Qin Mu's face changed slightly.

This book is usually signed before the court session.

but……

Most criminal prisoners will not take the initiative to sign this affidavit.

Once signed, it means that you have confessed your guilt and admitted your guilt.

When the time comes to court, you will face a very unfavorable situation.

because……

Either plead guilty or refuse to plead guilty.

If you refuse to plead guilty, you need to overturn your previous confession.

"I... I don't know. At that time, a lawyer told me that if I pleaded guilty actively, I could get a lighter sentence, but how did I know that they backhandedly prosecuted me for 12 years..."

After Song Yun knew the seriousness of the matter, he almost burst into tears.

At that time, he only thought that this could reduce the punishment and reduce the fine.

Didn't think much of it at all.

"This is the disadvantage of not hiring a lawyer right away."

Qin Mu sighed softly and shook his head.

Once you find yourself in criminal trouble...

You must find an attorney immediately.

A reliable lawyer will tell you what you can and cannot do.

And that's just before the trial.

If it goes to court, due to improper operation, it is very likely that the sentence will be aggravated.

Lin Zhen, Gao Feng and others he sent in before were a bloody lesson.

"Now, let me ask you one last question."

Qin Mu stared at Song Yun seriously, and asked again: "Do you... want to be innocent, or do you want to be free?"

Song Yun froze for a moment: "What do you mean?"

"You have already signed the affidavit of plea and punishment. If you defend now, you must refute your point of view. If you fail...your sentence will be up to 12 years!"

Qin Mu paused.

Then he said: "If you insist on defending your innocence, then you will go all the way to darkness."

Refuting his own confession, this behavior is very bad.

Once the case is lost, there will be no reduction or reduction in sentencing.

Even if he finds a commutation circumstance, he will not get a commutation.

That's the price you might pay for your innocence.

If he didn't sign the affidavit...

It is entirely possible to try the defense of commutation of sentence when the defense of innocence fails.

At least the sentence can be reduced.

And now...

There are only two extremes.

After listening to Qin Mu's explanation, Song Yun suddenly lowered his head.

Silent.

Wang Dachui and Song Tiancheng on the side also remained silent, waiting patiently for Song Yun's decision.

this choice...

The impact is very large.

12 years, it is light, but extremely heavy.

After a full minute.

Song Yun raised his head again and met Qin Mu's gaze.

Grit your teeth.

Said word by word: "I want to be innocent!"

Finish saying this.

It was as if all the strength in his body had been exhausted.

"it is good."

Qin Mu nodded solemnly, without making any promises.

It just means that I will try my best.

……

evening.

Shanshui Garden District.

After sorting out the case.

Qin Mu dragged his exhausted body back home.

Came to the study.

Throughout the whole process, he was thinking about the defense of the case.

as a lawyer.

The direction of defense in court is very important.

Every point of defense must be directed in that direction.

You can't use a hammer to the east and a mallet to the west.

The defense effect can be maximized.

After communicating with Song Yun, he also learned about Fei's Peony Parrot in detail.

Song Yun picked up an injured parrot five years ago and took good care of it himself.

Then I bought one privately for pairing.

Sixteen were bred.

A total of eighteen Fei's peony parrots.

The breed of these parrots...

All belong to the special provisions of the "Convention on International Trade in Endangered Species of Wild Fauna and Flora", the national second-class protected animals, and belong to endangered wild species.

"First of all, the behavior can be characterized as unlicensed breeding of endangered wild species."

Qin Mu murmured.

Write down your own defense ideas on the computer.

The purpose of Song Yun's breeding is just for hobby.

Not for profit.

And keeping wild animals...

It's been cut across the board now.

Many folks breed wild animals and plants, but they are better protected than forestry and other departments.

However, it violated the law because it did not apply for a wild animal domestication and breeding license and a wild animal production and operation license.

The public prosecution agency sued Song Yun for his actions...

Mainly also in buying and selling.

Both selling and buying constitute a crime.

The guest who came to Songyun Farmhouse and insisted on buying a parrot...

He has now been detained according to law.

The three parrots, as well as the fifteen parrots in Song Yun's family, have all been confiscated according to law.

Keeping parrots without a license...

It only constitutes a violation of the law and needs to bear the penalty of civil fines, without criminal responsibility.

but……

Now the "criminal facts" that Song Yun sold three Fei's peony parrots have been confirmed.

There is buying and selling.

Defense is equally difficult.

"Second point, the Fei's peony parrot sold by Song Yun is artificially bred, not from the wild. The species is endangered..."

After checking the relevant literature, Qin Mu wrote down the second point.

Fei's peony parrot, although it is also a national second-class protected animal.

The species of Fei's peony parrot itself is no longer endangered, and the current breeding technology has matured.

There are also many breeding experts among the people.

Coupled with the connection and confirmation of the "Washington Convention" and the "Wildlife Protection Law", the relevant reply documents of the Supreme Court Research Office...

It can be inferred that the behavior of Song Yun's sale did not cause any damage to wild animal resources at all, and the behavior was not socially harmful.

It is especially important that the behavior is not socially harmful.

This needs to be applied in all pleas of innocence.

No social harm, according to relevant guidance and laws and regulations, the circumstances are obvious and minor harm is not serious, and should be acquitted or not prosecuted.

One of the fundamental principles of criminal law...

It is to punish those socially harmful behaviors, and to deter and contain them.

If a person's behavior is not harmful to society, then he will certainly not violate the criminal law.

Although this logical concept is not included in the "Criminal Law", it embodies the spirit of the Criminal Law.

It is impossible to convict an act that does no harm.

The parrot Fei's peony has begun to breed in large numbers.

Very common in the wild.

There are a lot of them.

No longer suitable for listing as endangered wild animals.

In other words, it has been domesticated and bred in large numbers, and the same protection as a wild animal will result in one size fits all.

weakened judicial power.

Not fair to other wild animals that really need protection.

"The third point is that the application of law by the public prosecutor's prosecution is wrong."

Subsequently.

Qin Mu wrote another point.

In the copy of the indictment submitted, the public prosecution agency identified the [-] parrots kept in Song Yun's home as endangered wild animals that were illegally sold.

however……

Wild animals refer to animals that live in the natural environment without artificial breeding.

Domesticated and bred animals are completely different from wild animals in terms of living environment, survival mode, breeding mode, and relationship with natural ecology.

The two cannot be confused.

This judicial interpretation issued by the Supreme Court in the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Destroying Wildlife Resources" is obviously outdated.

At least the Fei's peony parrot does not meet the conditions of endangered wild animals.

Can not simply generalize.

Strictly speaking, Song Yun only sold the three Fei's peony parrots when the customer strongly requested it.

The other [-] parrots are not identical with the parrots used as physical evidence and cannot be used as a basis for concluding the case.

"fourth point……"

It took one night.

Qin Mu sorted out five feasible defense ideas.

The difficulty with this case...

The reason is that he needs to challenge the current "conclusive evidence" criminal law and change it to innocence.

In addition, Song Yun signed the affidavit of guilty plea and punishment.

It is tantamount to admitting a crime, admitting that he has committed a crime.

Defending in this case is even more difficult.

but……

He still has no regrets.

Even if he can't get the rare rewards from the system, he still has to do this!
……

The next day.

nursing home.

After Qin Mu went to work.

He was directly in the legal counsel's office, waiting for Wang Dachui's arrival.

Nine o'clock sharp.

Wang Dachui stepped on and rushed to the office.

After seeing Qin Mu, he was startled.

"You... have you sorted out your thoughts?"

Then he reacted with a look of surprise.

Qin Mu nodded.

Briefly describe the five defense ideas.

After Wang Dachui listened...

I froze on the spot again.

Shocked.

These five defense points may seem simple, but they contain many legal knowledge points, as well as legal provisions and judicial interpretations.

A lot of information...

He had never heard of it before.

"Do you have anything else to add?"

Qin Mu smiled and asked humbly.

The corner of Wang Dachui's mouth twitched.

Just rolled his eyes.

God damn supplement.

If it weren't for Qin Mu's list, with his knowledge base, he wouldn't be able to find out even one point of defense!

and.

After he went back yesterday, he told his girlfriend that he was going to defend his innocence.

result……

Girlfriend is very excited.

Said that if he can win this innocence defense lawsuit, marry him!
In their line of lawyers.

Especially for criminal defense lawyers, it is really difficult to win a case of innocence defense.

That's why his girlfriend was so excited.

"Qin Mu, you must win, the happiness of my life is in your hands."

Wang Dachui looked at Qin Mu affectionately.

Looks like a jerk.

He protested in court, and left the rest to Qin Mu.

Qin Mu: "..."

Looking at the unreliable Wang Dahui, he suddenly regretted it.

If he hadn't had to wait for a while to take the law test, he would have taken this case by himself.

"There are still five days left. The next step is to perfect these defense points, and then prepare all the required materials and wait for the trial."

At last.

The two discussed the details of the trial.

Qin Mu left the office.

I took advantage of this time to continue to frantically supplement the books for the court proceedings.

[Photographic memory] Skills have an advantage.

In addition to his excellent memory, the knowledge he memorized will gradually be integrated.

and so.

This time, he only spent one night sorting out the main points of the defense.

Normally, it takes two or three days for a law firm to work overtime collectively.

engage in law...

Always the dullest and most boring.

……

Zizhou.

It was rare for Qing Lan to get up early one day and finish her breakfast.

Came to the study.

I plan to come up with a ranking.

I also feel that playing the game alone is too boring.

So he sent a message to Qin Mu.

"Up, do you want to come to the kind of game that men and women play together? It's exciting, full of sense of operation, and the kind of passionate blood."

After a few minutes.

Qin Mu replied with a message: "Go to work, don't come."

Qing Lan curled her lips, a little resentful.

These days, Qin Mu seems to be busy again.

She sent out blackmail invitations several times, but they ignored her.

Didn't she cheat a million points last time?

Everyone has moments when they don't perform well.

When she usually hits a human machine, she can occasionally take more than ten heads.

"Forget it, I'd better find a water friend."

Subsequently.

She clicked on the water friend group, planning to find some water friends to start a black group row.

result……

The group of water friends immediately boiled over.

"Sister Lan wants to play ranked? When will it open? I'm going to snipe the opposite side and experience the thrill of abusing food."

"No, I am a diamond, you are gold, we are not suitable."

"Sister Lan seems to be in a good mood today, so she randomly picked four victims in the group?"

"The group is full of old drivers. I guess no one will fall for your tricks. Playing games with you is simply tortured by the game."

"..."

These bad-mouthed water friends show no mercy at all.

A ruthless mockery was launched.

She yelled for a long time, but she couldn't make up a Wuhei.

"Sister Lan, Up hasn't updated the video for a few days, don't you know him? Go and update."

"If you can urge you to update the video, we will call my cousin King of District [-] to come and take you in person."

"It's been almost half a month since the courier case ended, and I don't know who the next lucky one will be."

"Is there a possibility that the law and order environment in Jincheng has improved? I suggest that you change your life in another city."

"..."

In the group of water friends.

These water friends discussed the matter of reminders again.

Ever since the base was discovered by Qin Mu last time, they didn't dare to remind them to update it in person.

The risks are simply too great.

Everyone is asking Qing Lan to remind them.

There are even some who make Qinglan sacrifice herself and use beauty tricks...

"Reminder?"

Qing Lan blinked her eyes.

In fact, she was also a little curious.

Since the courier theft case ended, Qin Mu's video update frequency has slowed down again.

some time ago.

The dog rescue case has almost come to an end.

I heard that the two women have publicly apologized and compensated their families accordingly.

There has been much less public opinion on the Internet.

On the other hand, in the Fa-study Alliance forum, the popularity is getting higher and higher, and daily activities are rising day by day.

As Qin Mu's video was uploaded to the entire network, more and more "fellow people" joined in.

thought here.

She also had no intention of playing games, so she couldn't help clicking on the Fa Study Alliance forum.

Wandered around the forum.

In the three major sections.

The most popular one is not the Fa Study Alliance zone.

Rather, it is a new human area.

The jokes are soaring, and the comments gradually let themselves go.

"Lessons from blood, everyone, don't urge the update, let whoever you want to send in to urge the update. Last time I sat in the auditorium, I only came out now because I looked up."

"Three dangerous behaviors in this forum, reminders, reminders, reminders!"

"It's even more uncomfortable if you can't be reminded. The up may be due to lack of material. Which warrior in the forum sacrificed himself to make everyone happy."

"Fun is fun, trouble is trouble, don't make fun of freedom, if you have something to do, send someone in."

"..."

Look at these comments.

Qing Lan smiled.

Then I clicked on the comment section of the Law Study Alliance.

I plan to take a look at the legal topics of those ten years of cerebral thrombosis.

Just saw a post with hundreds of replies.

"Privately raised parrots are prosecuted after being sold, how to defend? "

The post owner briefly talked about a case, saying that someone raised a parrot privately out of hobby.

Being favored by customers, they sold three of them in desperation.

was eventually reported.

The public prosecution agency prosecuted and demanded a sentence of 12 years in prison.

How to defend yourself in such a situation.

This post is very popular.

Netizens who commented one after another.

First floor: "It involves my blind spot of knowledge, why can selling a parrot betray me for 12 years?"

The second floor: "I just went to check the relevant laws, good guy, there is really such a criminal law!"

The third floor: "There are so many people who have been sentenced, there are several cases every year!"

Fourth floor: "I just saw a case where two parrots were sold and sentenced to two years in prison with a three-year reprieve."

The fifth floor: "How to defend the situation mentioned by the post owner? Can anyone tell me?"

The sixth floor: "I don't know about the sixth floor, ask the seventh floor."

seventh floor...

Related issues are being discussed on hundreds of floors.

Some have popularized relevant laws and regulations.

"The consequences of buying and selling parrots are so serious?"

Qing Lan watched and couldn't help swallowing.

Her grandfather also raised a parrot.

do not know……

Is that parrot an endangered wild animal?

--------

ps: This case is also adapted from a real case.

The defense idea is also the result of the efforts of the defense lawyers in many parrot cases.

(End of this chapter)