The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 162 Isn't Runtu going to be imprisoned?
Chapter 162 Isn't Runtu going to be imprisoned?
If it's an endangered wild species...
That would be dangerous.
According to the popular science of these netizens, raising endangered wild species...
It is also illegal.
Transportation, purchase, and sale are all serious acts, which violate the crime of illegal hunting, killing precious and endangered wild animals.
This charge covers various acts of selling and buying.
"My grandpa's parrot... seems to have been bought from someone else?"
thought here.
Qing Lan also became nervous.
Judging from the popular science of netizens, all endangered wild animals are prohibited from being sold.
There is no trade and private breeding constitutes illegal breeding without a license.
If there is a transaction, both parties to the transaction may constitute a crime.
"No, I have to find some time to call grandpa and ask about the species of the parrot."
The more Qinglan thought about it, the more afraid she became. She only felt that raising birds was very dangerous.
It's just dark thunder everywhere.
If you are not careful, it is easy to step on it and send yourself in.
Subsequently.
She browsed the forum again.
More and more netizens have popularized the knowledge of relevant animal protection regulations in the law study area.
For example, in addition to rare and endangered wild animals, terrestrial wild animals that are beneficial to the state or have important economic and scientific research values are also protected.
This kind of animal is commonly known as the three animals.
Lizards, frogs, toads and more...
Illegal hunting of more than [-] animals constitutes a crime.
In the countryside, many people are used to hunting these as wild game.
Today it is today.
This decree is still not widely spread, and not many people know about it.
Actually.
There are not a few people who are sentenced for this every year.
There are also animals such as tortoises, eagles, and monkeys, all of which belong to wild protected animals and are listed in the protection list.
"It's scary..."
After reading the forum, Qing Lan felt lingering fear.
Fortunately, she usually does not like hunting and raising these animals.
Otherwise, he might break the law and send himself in.
"Huh? Why is this person's account nickname so familiar?"
Finished browsing the forum.
When Qing Lan was about to quit, she suddenly noticed the nickname of the creator of that popular post.
That is, the account that first raised this outrageous case.
Nicknamed "Xiao Qin".
The personal homepage is empty.
Nothing at all.
She had a flash of inspiration.
Soon I thought of Qin Mu's WeChat nickname.
She is the only one among the many fans who added Qin Mu's private account.
She remembers it well...
Qin Mu's account is also called Xiao Qin.
"The one who posted this...couldn't be Qin Mu?"
She swallowed again, with a strange expression on her face.
The reason why these people in the forum are so unscrupulous is that they think the forum is safe.
Most people feel that under the confidentiality mechanism, Qin Mu does not know about this forum.
who knows……
Qin Mu had already entered this forum secretly.
He also pretended to be a passerby and netizen, and interacted with other people by posting.
He even proposed such an outrageous "case", which aroused heated discussions among netizens.
"Could it be...the case is real?"
Qing Lan came to her senses, breathing a little short of breath.
Sentenced to 12 years!
If it really exists, how desperate is the person involved?
Just a few parrots.
But suffered such severe punishment!
The more she thought about it, the more curious she became, and couldn't help but click on WeChat and send Qin Mu a message.
Politely asked: "Up, are you busy recently? Is there a new lawsuit coming?"
……
Ganzhou.
In a certain district.
"I've said it all, this forum I run does not accept advertisements, does not accept advertisements!"
Ma Ming hung up the phone impatiently.
His face was a little ugly.
As the traffic of the Fa-study Alliance forum increased, he often received some messy calls from advertisers.
The price offered is higher than the other.
Let him advertise in the forum.
but……
Those people only saw the money and completely ignored the risks of advertising.
With the help of Qin Mu's fame, he gathered such a large number of fans.
If he accepted the advertisement and was discovered by Qin Mu...
The consequences were simply unimaginable.
For his own personal safety, he resolutely resisted using the forum for profit.
When the forum was founded...
And he solidified the whole idea.
As long as it is not for profit, the forum I founded is just a gathering and exchange base.
Not too much risk.
"It's time to delete the post."
Putting down his phone, Ma Ming clicked on the background of the forum.
I ran through the program to screen those risky comments in the forum.
Although these netizens all came in after watching Qin Mu's video, they all know what to say and what not to say.
But as the forum grows, there are more and more people.
As the forest grows, it is inevitable that there will be some newcomers who don't know the importance.
They did not witness Qin Mu's "horror" with their own eyes, so their speeches would not be so rigorous.
"What's the situation? Why are they all parrots?"
Click on the background.
Ma Ming looked at the various posts counted, and suddenly froze for a moment.
In the law study alliance area.
Seven or eight out of ten posts are all about parrots.
The content of the discussion is also weird and varied.
"Parrots, typical climbing birds, with opposite-toed feet, two toes forward and two backwards, suitable for grasping, strong and powerful beak, and can eat hard nuts."
"Except for the three species of parrots, all other parrots are endangered wild animals. They must not be raised or sold indiscriminately."
"You don't know yet? Hunting more than [-] wild sparrows is also a violation of the criminal law. It will constitute a crime of illegal hunting. It is a serious case and will be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance!"
"Sparrow? Doesn't Runtu want to sit in prison? I remember that he used millet to catch sparrows, and steel forks to fork..."
"It's not just Runtu, the old man in the country who catches toads to make medicine is also suspected of illegal hunting. The more you catch, the more you will be sentenced!"
"Other people abducted and trafficked a woman, and the sentence was not so severe. Is there a problem with these regulations?"
"..."
Look at these contents.
Ma Ming just felt that his eyes were wide open.
He has hardly heard of the things popularized by netizens.
Not only parrots, sparrows, frogs, toads, etc. are all wild protected animals.
Once the cumulative number of hunting and hunting exceeds twenty, it will directly constitute a crime!
And this kind of common law...
There are very few folks.
There is little publicity.
This has also led to most people, including him, not knowing that these things are illegal, or even criminal.
The phenomenon of hunting frogs and toads in the countryside abounds.
Saying so...
Wouldn't it be accurate to report one?
This is only the sentencing of endangered wild animals such as parrots and other protected animals...
Even more outrageous.
The case explained in a post, sold three, was actually prosecuted for 12 years according to the law!
"Fortunately, I don't like keeping small animals..."
After reading these posts.
With lingering fear in his heart, Ma Ming thought silently.
……
Jincheng.
nursing home.
"These netizens...really put forward many defense ideas."
After work.
Qin Mu is also preparing for the trial of this case.
to this end.
He specially used a trumpet to post a post in the forum, asking for advice on defense ideas.
Most of the netizens said that they were eating melons and shocked.
There are also many netizens who are really engaged in legal research.
Several other lines of defense were proposed.
For example, defending from the perspectives of law enforcement, judiciary, and law popularization.
The regulations on the protection of endangered wild animals are mainly due to the statistics and investigations of forestry and other relevant departments in recent decades that have found that the phenomenon of overhunting and hunting is serious, and the criminal law was specially added.
This type of criminal law...
There are a lot of inadequacies in sentencing.
Although it has been improving, there are still many unreasonable places.
There is another obvious problem, that is, the efforts to popularize the law are too weak.
so that for decades...
Folk ideas can't keep up.
Most people are vague about these laws.
I don't know.
If you are not careful, it is easy to break the law and commit crimes.
While enforcing the law, it did not shoulder the heavy responsibility of popularizing the law.
Many people violate the criminal law not on purpose but by accident.
Such cases abound.
It runs counter to the legislative essence of criminal law and is not worth advocating.
"There are still three days."
After sorting out the suggestions from netizens in the forum, Qin Mu took a deep breath.
to be frank.
He still doesn't have much confidence in this case.
The law clearly stated that Song Yun's behavior violated the relevant judicial interpretation.
The courts hear cases in accordance with relevant laws and judicial interpretations.
His defense needs to run counter to the current regulations.
Most grassroots courts are used to sticking to the rules and dare not challenge the existing laws.
Afraid of causing unnecessary trouble.
"I hope it works. If the defense fails...then initiate a second-instance appeal!"
Qin Mu thought silently in his heart, he was already mentally prepared to fail in his first defense.
If the primary court has no courage, then go to the intermediate court!
Time passed slowly.
Three days later.
Finally came the day of the trial.
Song Yun came to the nursing home early in the morning, and had a round with Qin Mu, Wang Dachui and others.
Go to court.
……
Jincheng People's Court.
Second Criminal Court.
Nine fifty.
Ten minutes before the trial, Song Yun stood in the dock, looking a little nervous.
Qin Mu warned: "The court will start later, you remember to deal with it according to the previous explanation, don't be nervous, everything depends on the sledgehammer."
talking.
He pointed to Wang Dahammer, who was wearing a suit and was very formal.
"I... I'm actually nervous too..."
Wang Dachui glanced at the empty plaintiff's bench and swallowed.
This lawsuit...
The opponent he has to face is the prosecutor of the procuratorate.
The plaintiff is the prosecutor.
"It's okay, just focus on seven key points throughout the whole process, stick to your position, and take the initiative to attack."
Qin Mu patted Wang Dahammer on the shoulder, and also comforted him.
These seven defense points...
He sorted it out for five full days.
There should be an opportunity to convince the judges of the collegial panel.
Only with their approval...
This lawsuit has a chance of victory.
"Yeah, don't be too nervous, you two, look at the auditorium, it's all people from our courtyard!"
Song Tiancheng on the side also comforted him, and pointed to the auditorium.
Forty old men with crutches and gray hair sat upright.
Serious look.
A pair of ready appearance.
"That's right, they are courts, but we are nursing homes, all at the hospital level, and no one is in vain!"
"Hold on, don't panic, play better, we will definitely win!"
"Now the entire court is ours, and the opposing party is only two prosecutors. Let's just fight for it!"
"In terms of momentum, we have already won!"
"..."
Zhang Qingyuan and others on the side also encouraged Wang Dahui and Song Yun.
The corners of their mouths twitched.
Take a few deep breaths.
Waiting patiently for the arrival of ten o'clock.
And Qin Mu sat back in the gallery.
This time...
He has no right to defend and cannot participate in the defense, so he can only hand over the scene to Wang Dahammer.
……
before ten o'clock.
The public prosecutor walked into the court with a series of prosecution materials.
Zhou Quanmin, the presiding judge of the Second Criminal Division, took the other six members of the collegial panel and sat in their respective seats.
The clerk stood up first and counted the number of people present.
Confirm the presence of plaintiffs, defendants, attorneys, witnesses, etc.
"Boom-"
Zhou Quanmin sounded the gavel.
In the echo of the solemn gavel, he opened his mouth and said: "Today, the Second Criminal Tribunal of Jincheng will conduct a public trial on the case of Song Yun's suspicion of illegal business operations, illegal hunting, and killing of rare and endangered wild animals initiated by the public prosecutor. .”
"I, Zhou Quanmin, will be the presiding judge. The other two judges and four jurors will form a collegial panel to hear the case."
"Now, I announce that the court will officially begin!"
Done.
He looked at various positions below the court.
In particular, he focused his attention on the auditorium.
In the auditorium.
It is full of old people with gray hair on the temples, seven or eighty years old.
In the past, the average age of the auditorium was about 30 years old.
Since this period of time, the average age of observers has been soaring wildly.
And Qin Mu...
Sitting in the middle.
As the only young man in the auditorium, he was particularly conspicuous.
It was hard for him not to notice.
5 minute later.
The court discipline is read out.
Zhou Quanmin took a deep breath and said in a deep voice, "The public prosecutor, please read the indictment and read out the reason and process of the prosecution."
plaintiffs table.
The public prosecutor immediately stood up and said loudly: "We accuse Song Yun of illegally selling Fei's peony parrots, committing illegal business operations, illegal hunting, and killing precious and endangered wild animals. A fine of 12 yuan."
Subsequently.
He read out the incident in a deep voice: "On the 11th of this month, the public security agency received a report that there was an illegal and criminal act of illegally selling endangered wild animals in a farmhouse in Songjia Village, Jincheng."
"Relevant departments attach great importance to this matter and launched a legal verification, inspection, evidence collection, and trial on this matter."
"After several days of investigation, the criminal facts of the criminal suspect Song Yun were confirmed. He did illegally sell Fei's peony parrot in his farmhouse on the 11th of this month."
"It is reported that Fei's peony parrot is listed in the "Convention on International Trade in Endangered Species of Wild Fauna and Flora", belongs to the second-class national protected animals, and is listed as an endangered species."
"Its illegal breeding and illegal selling have constituted a particularly serious crime..."
The prosecution's complaint was powerful.
echoed in the courtroom.
Song Yun in the dock listened and became nervous again.
"Defendant, do you have any objection to the crimes prosecuted by the public prosecutor?"
After the indictment was read out, Zhou Quanmin also looked at Song Yun.
He has tried hundreds of criminal cases.
Most of the people pleaded guilty and accepted punishment at this link.
In order to strive for a lighter sentence.
however……
"I...I have objections!"
Song Yun gritted his teeth and refused to plead guilty.
"I have indeed done the above-mentioned behaviors, but I keep parrots, it's just a personal hobby, and I don't even think about making a profit. I think I am innocent!"
"I implore the presiding judge and the collegial panel to check carefully and return my innocence!"
The voice just fell.
The entire court fell into a brief silence.
This scene……
Not even the prosecutors expected it.
And Zhou Quanmin, the other two judges, and the four jurors all showed a little surprise.
After a few seconds of stunned.
Zhou Quanmin took a deep breath and nodded solemnly: "Since this is the case, the trial of this case will focus on whether he is guilty or not."
Court trials have a core focus.
These focal points...
Usually a point of contention.
Only when these focal points are determined can the case be thoroughly sorted out.
"Next, enter the link of proof and cross-examination."
Subsequently.
Zhou Quanmin continued to preside over the trial and entered the second session.
The public prosecutor stepped forward one after another, brought up evidence and materials, and submitted them to the collegial panel.
These data...
It includes the information of the [-] parrots that Song Yun raised, as well as the certificate of survey procedures and so on.
It is used to prove that the parrot is indeed owned by Song Yun, and there is a crime of selling the parrot in public.
……
at the same time.
Yangcheng.
a law firm.
Yan Wenxia was staring at the desktop in front of the computer, watching intently.
On the screen, a live broadcast of a criminal trial from the Trial Live Network is being played.
She is Wang Dahammer's girlfriend.
I also pay special attention to this parrot case.
"I hope I don't lose too badly."
Looking at Wang Dachui in the dock, she couldn't help muttering.
Since the court session, Wang Dachui has been distracted from time to time.
He kept his head down, as if he was looking at the manuscript in his hand.
At first glance, there is no confidence.
as a girlfriend.
She is very aware of Wang Dahammer's weight.
The civil ability is good, but the criminal defense is far behind.
For this case...
She didn't really hold out much hope.
That's why he said that if Wang Dahammer won the lawsuit, he would marry the other party.
And in the live broadcast screen.
The prosecutor quickly presented the evidence and materials.
Judge Zhou Quanmin said in a deep voice, "Defendant, do you have any doubts about the evidence of the public prosecutor?"
As she expected.
Wang Dachui didn't seem to keep up with the rhythm at all, he just said a few words.
No question was raised at all.
Yan Wenxia frowned, and couldn't help complaining: "If you don't question the evidence, how can you defend your innocence?"
She is also a criminal defense attorney.
It is very clear that I want to be found innocent...
The best thing to do is to refute the evidence.
The key evidence of conviction shall be refuted.
Either refute it as evidence taken illegally, which is not credible, or produce more accurate evidence to prove innocence.
Missed the most critical stage of cross-examination, the collegial panel will accept the evidence of the public prosecutor.
It is extremely detrimental to the case as a whole.
"Sure enough, I still can't believe this half-baked guy."
Yan Wenxia said with a bit of annoyance, hating that iron can't be made into steel.
It goes on like this...
The chances of winning will be slim to none.
And in the live broadcast of the trial.
The cross-examination session ended soon because of Wang Dachui's "non-resistance".
Zhou Quanmin sounded the gavel and announced in a deep voice, "Now, let's enter the free debate."
Yan Wenxia couldn't help but shook his head and sighed.
"There is no hope now."
The free debate is the most intense and exciting part of the court.
but……
Based on what she knew about Wang Dachui, the other party would not be able to quarrel with her easily.
Not to mention hard-nosed prosecutors.
however……
When she was completely disappointed.
Wang Dahammer in the dock suddenly raised his head.
Put down the manuscript in hand.
He looked at the public prosecutor first, and said in a deep voice: "We have not cross-examined before, because the evidence presented by the public prosecutor is reasonable and legal, and our party has indeed done these acts."
"But here, I just want to ask you guys who are doing it."
"Because of repeated requests from others, you sold three parrots that you raised, and you were sentenced to 12 years in prison. Wouldn't your conscience ache?!"
"My client is an ordinary person who likes to raise birds."
"I raised parrots, but never used them for profit. Instead, I took good care of them and bred two to eighteen."
"The 12-year sentence, ask yourself, is it reasonable?!"
"We always believe that our client is innocent for the following reasons."
Wang Dachui took a deep breath and looked directly at the other party.
Started to fight back: "First, the behavior of our party, Song Yun, is only an unlicensed breeding of endangered wild species, and is not suspected of violating the criminal law."
"At the beginning, he picked up a Fei's peony parrot in the countryside, and had the idea of raising it, so he bought another breeding parrot."
"During the five-year period, there was no sale. Instead, the species was protected and more numbers were bred."
"The sale of the three parrots this time is also a repeated request from others, not the subjective will of our party."
"Second, the Fei's peony parrot sold by our party, Song Yun, is artificially bred, not from the wild. This species has now been bred in large numbers."
"Its endangered degree..."
"The Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Destroying Wildlife Resources" issued by the Supreme Court is obviously outdated."
"At least Fei's peony parrot does not meet the conditions of endangered wild animals."
"Third, the behavior of our client is not harmful to society..."
in court.
Wang Dachui gave an impassioned speech, and gave seven reasons for defense in a row.
Every reason of defense is working towards innocence.
To prove these reasons...
Wang Dachui also threw out many current judicial interpretations, the definition of endangered species in the Animal Protection Law and other materials.
Very professional.
The seven-point defense lasted for 10 minutes.
In the court, the voice of Wang Dahammer echoed all the time.
"The sledgehammer... I didn't expect it to be hidden so deep..."
Looking at this scene, Yan Wenxia's eyes widened.
Face full of disbelief.
At this moment, Wang Dahammer was in high spirits.
Cited scriptures and classics in court to give pointers to the country.
Compared with usual, they are completely different people.
Wang Dahammer at this moment...
As if possessed by the god of justice.
The defense reasons listed are all moving in the direction of the defense of innocence.
It hits the nail on the head and is very incisive.
------
ps: There is only one chapter today.
(End of this chapter)
If it's an endangered wild species...
That would be dangerous.
According to the popular science of these netizens, raising endangered wild species...
It is also illegal.
Transportation, purchase, and sale are all serious acts, which violate the crime of illegal hunting, killing precious and endangered wild animals.
This charge covers various acts of selling and buying.
"My grandpa's parrot... seems to have been bought from someone else?"
thought here.
Qing Lan also became nervous.
Judging from the popular science of netizens, all endangered wild animals are prohibited from being sold.
There is no trade and private breeding constitutes illegal breeding without a license.
If there is a transaction, both parties to the transaction may constitute a crime.
"No, I have to find some time to call grandpa and ask about the species of the parrot."
The more Qinglan thought about it, the more afraid she became. She only felt that raising birds was very dangerous.
It's just dark thunder everywhere.
If you are not careful, it is easy to step on it and send yourself in.
Subsequently.
She browsed the forum again.
More and more netizens have popularized the knowledge of relevant animal protection regulations in the law study area.
For example, in addition to rare and endangered wild animals, terrestrial wild animals that are beneficial to the state or have important economic and scientific research values are also protected.
This kind of animal is commonly known as the three animals.
Lizards, frogs, toads and more...
Illegal hunting of more than [-] animals constitutes a crime.
In the countryside, many people are used to hunting these as wild game.
Today it is today.
This decree is still not widely spread, and not many people know about it.
Actually.
There are not a few people who are sentenced for this every year.
There are also animals such as tortoises, eagles, and monkeys, all of which belong to wild protected animals and are listed in the protection list.
"It's scary..."
After reading the forum, Qing Lan felt lingering fear.
Fortunately, she usually does not like hunting and raising these animals.
Otherwise, he might break the law and send himself in.
"Huh? Why is this person's account nickname so familiar?"
Finished browsing the forum.
When Qing Lan was about to quit, she suddenly noticed the nickname of the creator of that popular post.
That is, the account that first raised this outrageous case.
Nicknamed "Xiao Qin".
The personal homepage is empty.
Nothing at all.
She had a flash of inspiration.
Soon I thought of Qin Mu's WeChat nickname.
She is the only one among the many fans who added Qin Mu's private account.
She remembers it well...
Qin Mu's account is also called Xiao Qin.
"The one who posted this...couldn't be Qin Mu?"
She swallowed again, with a strange expression on her face.
The reason why these people in the forum are so unscrupulous is that they think the forum is safe.
Most people feel that under the confidentiality mechanism, Qin Mu does not know about this forum.
who knows……
Qin Mu had already entered this forum secretly.
He also pretended to be a passerby and netizen, and interacted with other people by posting.
He even proposed such an outrageous "case", which aroused heated discussions among netizens.
"Could it be...the case is real?"
Qing Lan came to her senses, breathing a little short of breath.
Sentenced to 12 years!
If it really exists, how desperate is the person involved?
Just a few parrots.
But suffered such severe punishment!
The more she thought about it, the more curious she became, and couldn't help but click on WeChat and send Qin Mu a message.
Politely asked: "Up, are you busy recently? Is there a new lawsuit coming?"
……
Ganzhou.
In a certain district.
"I've said it all, this forum I run does not accept advertisements, does not accept advertisements!"
Ma Ming hung up the phone impatiently.
His face was a little ugly.
As the traffic of the Fa-study Alliance forum increased, he often received some messy calls from advertisers.
The price offered is higher than the other.
Let him advertise in the forum.
but……
Those people only saw the money and completely ignored the risks of advertising.
With the help of Qin Mu's fame, he gathered such a large number of fans.
If he accepted the advertisement and was discovered by Qin Mu...
The consequences were simply unimaginable.
For his own personal safety, he resolutely resisted using the forum for profit.
When the forum was founded...
And he solidified the whole idea.
As long as it is not for profit, the forum I founded is just a gathering and exchange base.
Not too much risk.
"It's time to delete the post."
Putting down his phone, Ma Ming clicked on the background of the forum.
I ran through the program to screen those risky comments in the forum.
Although these netizens all came in after watching Qin Mu's video, they all know what to say and what not to say.
But as the forum grows, there are more and more people.
As the forest grows, it is inevitable that there will be some newcomers who don't know the importance.
They did not witness Qin Mu's "horror" with their own eyes, so their speeches would not be so rigorous.
"What's the situation? Why are they all parrots?"
Click on the background.
Ma Ming looked at the various posts counted, and suddenly froze for a moment.
In the law study alliance area.
Seven or eight out of ten posts are all about parrots.
The content of the discussion is also weird and varied.
"Parrots, typical climbing birds, with opposite-toed feet, two toes forward and two backwards, suitable for grasping, strong and powerful beak, and can eat hard nuts."
"Except for the three species of parrots, all other parrots are endangered wild animals. They must not be raised or sold indiscriminately."
"You don't know yet? Hunting more than [-] wild sparrows is also a violation of the criminal law. It will constitute a crime of illegal hunting. It is a serious case and will be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance!"
"Sparrow? Doesn't Runtu want to sit in prison? I remember that he used millet to catch sparrows, and steel forks to fork..."
"It's not just Runtu, the old man in the country who catches toads to make medicine is also suspected of illegal hunting. The more you catch, the more you will be sentenced!"
"Other people abducted and trafficked a woman, and the sentence was not so severe. Is there a problem with these regulations?"
"..."
Look at these contents.
Ma Ming just felt that his eyes were wide open.
He has hardly heard of the things popularized by netizens.
Not only parrots, sparrows, frogs, toads, etc. are all wild protected animals.
Once the cumulative number of hunting and hunting exceeds twenty, it will directly constitute a crime!
And this kind of common law...
There are very few folks.
There is little publicity.
This has also led to most people, including him, not knowing that these things are illegal, or even criminal.
The phenomenon of hunting frogs and toads in the countryside abounds.
Saying so...
Wouldn't it be accurate to report one?
This is only the sentencing of endangered wild animals such as parrots and other protected animals...
Even more outrageous.
The case explained in a post, sold three, was actually prosecuted for 12 years according to the law!
"Fortunately, I don't like keeping small animals..."
After reading these posts.
With lingering fear in his heart, Ma Ming thought silently.
……
Jincheng.
nursing home.
"These netizens...really put forward many defense ideas."
After work.
Qin Mu is also preparing for the trial of this case.
to this end.
He specially used a trumpet to post a post in the forum, asking for advice on defense ideas.
Most of the netizens said that they were eating melons and shocked.
There are also many netizens who are really engaged in legal research.
Several other lines of defense were proposed.
For example, defending from the perspectives of law enforcement, judiciary, and law popularization.
The regulations on the protection of endangered wild animals are mainly due to the statistics and investigations of forestry and other relevant departments in recent decades that have found that the phenomenon of overhunting and hunting is serious, and the criminal law was specially added.
This type of criminal law...
There are a lot of inadequacies in sentencing.
Although it has been improving, there are still many unreasonable places.
There is another obvious problem, that is, the efforts to popularize the law are too weak.
so that for decades...
Folk ideas can't keep up.
Most people are vague about these laws.
I don't know.
If you are not careful, it is easy to break the law and commit crimes.
While enforcing the law, it did not shoulder the heavy responsibility of popularizing the law.
Many people violate the criminal law not on purpose but by accident.
Such cases abound.
It runs counter to the legislative essence of criminal law and is not worth advocating.
"There are still three days."
After sorting out the suggestions from netizens in the forum, Qin Mu took a deep breath.
to be frank.
He still doesn't have much confidence in this case.
The law clearly stated that Song Yun's behavior violated the relevant judicial interpretation.
The courts hear cases in accordance with relevant laws and judicial interpretations.
His defense needs to run counter to the current regulations.
Most grassroots courts are used to sticking to the rules and dare not challenge the existing laws.
Afraid of causing unnecessary trouble.
"I hope it works. If the defense fails...then initiate a second-instance appeal!"
Qin Mu thought silently in his heart, he was already mentally prepared to fail in his first defense.
If the primary court has no courage, then go to the intermediate court!
Time passed slowly.
Three days later.
Finally came the day of the trial.
Song Yun came to the nursing home early in the morning, and had a round with Qin Mu, Wang Dachui and others.
Go to court.
……
Jincheng People's Court.
Second Criminal Court.
Nine fifty.
Ten minutes before the trial, Song Yun stood in the dock, looking a little nervous.
Qin Mu warned: "The court will start later, you remember to deal with it according to the previous explanation, don't be nervous, everything depends on the sledgehammer."
talking.
He pointed to Wang Dahammer, who was wearing a suit and was very formal.
"I... I'm actually nervous too..."
Wang Dachui glanced at the empty plaintiff's bench and swallowed.
This lawsuit...
The opponent he has to face is the prosecutor of the procuratorate.
The plaintiff is the prosecutor.
"It's okay, just focus on seven key points throughout the whole process, stick to your position, and take the initiative to attack."
Qin Mu patted Wang Dahammer on the shoulder, and also comforted him.
These seven defense points...
He sorted it out for five full days.
There should be an opportunity to convince the judges of the collegial panel.
Only with their approval...
This lawsuit has a chance of victory.
"Yeah, don't be too nervous, you two, look at the auditorium, it's all people from our courtyard!"
Song Tiancheng on the side also comforted him, and pointed to the auditorium.
Forty old men with crutches and gray hair sat upright.
Serious look.
A pair of ready appearance.
"That's right, they are courts, but we are nursing homes, all at the hospital level, and no one is in vain!"
"Hold on, don't panic, play better, we will definitely win!"
"Now the entire court is ours, and the opposing party is only two prosecutors. Let's just fight for it!"
"In terms of momentum, we have already won!"
"..."
Zhang Qingyuan and others on the side also encouraged Wang Dahui and Song Yun.
The corners of their mouths twitched.
Take a few deep breaths.
Waiting patiently for the arrival of ten o'clock.
And Qin Mu sat back in the gallery.
This time...
He has no right to defend and cannot participate in the defense, so he can only hand over the scene to Wang Dahammer.
……
before ten o'clock.
The public prosecutor walked into the court with a series of prosecution materials.
Zhou Quanmin, the presiding judge of the Second Criminal Division, took the other six members of the collegial panel and sat in their respective seats.
The clerk stood up first and counted the number of people present.
Confirm the presence of plaintiffs, defendants, attorneys, witnesses, etc.
"Boom-"
Zhou Quanmin sounded the gavel.
In the echo of the solemn gavel, he opened his mouth and said: "Today, the Second Criminal Tribunal of Jincheng will conduct a public trial on the case of Song Yun's suspicion of illegal business operations, illegal hunting, and killing of rare and endangered wild animals initiated by the public prosecutor. .”
"I, Zhou Quanmin, will be the presiding judge. The other two judges and four jurors will form a collegial panel to hear the case."
"Now, I announce that the court will officially begin!"
Done.
He looked at various positions below the court.
In particular, he focused his attention on the auditorium.
In the auditorium.
It is full of old people with gray hair on the temples, seven or eighty years old.
In the past, the average age of the auditorium was about 30 years old.
Since this period of time, the average age of observers has been soaring wildly.
And Qin Mu...
Sitting in the middle.
As the only young man in the auditorium, he was particularly conspicuous.
It was hard for him not to notice.
5 minute later.
The court discipline is read out.
Zhou Quanmin took a deep breath and said in a deep voice, "The public prosecutor, please read the indictment and read out the reason and process of the prosecution."
plaintiffs table.
The public prosecutor immediately stood up and said loudly: "We accuse Song Yun of illegally selling Fei's peony parrots, committing illegal business operations, illegal hunting, and killing precious and endangered wild animals. A fine of 12 yuan."
Subsequently.
He read out the incident in a deep voice: "On the 11th of this month, the public security agency received a report that there was an illegal and criminal act of illegally selling endangered wild animals in a farmhouse in Songjia Village, Jincheng."
"Relevant departments attach great importance to this matter and launched a legal verification, inspection, evidence collection, and trial on this matter."
"After several days of investigation, the criminal facts of the criminal suspect Song Yun were confirmed. He did illegally sell Fei's peony parrot in his farmhouse on the 11th of this month."
"It is reported that Fei's peony parrot is listed in the "Convention on International Trade in Endangered Species of Wild Fauna and Flora", belongs to the second-class national protected animals, and is listed as an endangered species."
"Its illegal breeding and illegal selling have constituted a particularly serious crime..."
The prosecution's complaint was powerful.
echoed in the courtroom.
Song Yun in the dock listened and became nervous again.
"Defendant, do you have any objection to the crimes prosecuted by the public prosecutor?"
After the indictment was read out, Zhou Quanmin also looked at Song Yun.
He has tried hundreds of criminal cases.
Most of the people pleaded guilty and accepted punishment at this link.
In order to strive for a lighter sentence.
however……
"I...I have objections!"
Song Yun gritted his teeth and refused to plead guilty.
"I have indeed done the above-mentioned behaviors, but I keep parrots, it's just a personal hobby, and I don't even think about making a profit. I think I am innocent!"
"I implore the presiding judge and the collegial panel to check carefully and return my innocence!"
The voice just fell.
The entire court fell into a brief silence.
This scene……
Not even the prosecutors expected it.
And Zhou Quanmin, the other two judges, and the four jurors all showed a little surprise.
After a few seconds of stunned.
Zhou Quanmin took a deep breath and nodded solemnly: "Since this is the case, the trial of this case will focus on whether he is guilty or not."
Court trials have a core focus.
These focal points...
Usually a point of contention.
Only when these focal points are determined can the case be thoroughly sorted out.
"Next, enter the link of proof and cross-examination."
Subsequently.
Zhou Quanmin continued to preside over the trial and entered the second session.
The public prosecutor stepped forward one after another, brought up evidence and materials, and submitted them to the collegial panel.
These data...
It includes the information of the [-] parrots that Song Yun raised, as well as the certificate of survey procedures and so on.
It is used to prove that the parrot is indeed owned by Song Yun, and there is a crime of selling the parrot in public.
……
at the same time.
Yangcheng.
a law firm.
Yan Wenxia was staring at the desktop in front of the computer, watching intently.
On the screen, a live broadcast of a criminal trial from the Trial Live Network is being played.
She is Wang Dahammer's girlfriend.
I also pay special attention to this parrot case.
"I hope I don't lose too badly."
Looking at Wang Dachui in the dock, she couldn't help muttering.
Since the court session, Wang Dachui has been distracted from time to time.
He kept his head down, as if he was looking at the manuscript in his hand.
At first glance, there is no confidence.
as a girlfriend.
She is very aware of Wang Dahammer's weight.
The civil ability is good, but the criminal defense is far behind.
For this case...
She didn't really hold out much hope.
That's why he said that if Wang Dahammer won the lawsuit, he would marry the other party.
And in the live broadcast screen.
The prosecutor quickly presented the evidence and materials.
Judge Zhou Quanmin said in a deep voice, "Defendant, do you have any doubts about the evidence of the public prosecutor?"
As she expected.
Wang Dachui didn't seem to keep up with the rhythm at all, he just said a few words.
No question was raised at all.
Yan Wenxia frowned, and couldn't help complaining: "If you don't question the evidence, how can you defend your innocence?"
She is also a criminal defense attorney.
It is very clear that I want to be found innocent...
The best thing to do is to refute the evidence.
The key evidence of conviction shall be refuted.
Either refute it as evidence taken illegally, which is not credible, or produce more accurate evidence to prove innocence.
Missed the most critical stage of cross-examination, the collegial panel will accept the evidence of the public prosecutor.
It is extremely detrimental to the case as a whole.
"Sure enough, I still can't believe this half-baked guy."
Yan Wenxia said with a bit of annoyance, hating that iron can't be made into steel.
It goes on like this...
The chances of winning will be slim to none.
And in the live broadcast of the trial.
The cross-examination session ended soon because of Wang Dachui's "non-resistance".
Zhou Quanmin sounded the gavel and announced in a deep voice, "Now, let's enter the free debate."
Yan Wenxia couldn't help but shook his head and sighed.
"There is no hope now."
The free debate is the most intense and exciting part of the court.
but……
Based on what she knew about Wang Dachui, the other party would not be able to quarrel with her easily.
Not to mention hard-nosed prosecutors.
however……
When she was completely disappointed.
Wang Dahammer in the dock suddenly raised his head.
Put down the manuscript in hand.
He looked at the public prosecutor first, and said in a deep voice: "We have not cross-examined before, because the evidence presented by the public prosecutor is reasonable and legal, and our party has indeed done these acts."
"But here, I just want to ask you guys who are doing it."
"Because of repeated requests from others, you sold three parrots that you raised, and you were sentenced to 12 years in prison. Wouldn't your conscience ache?!"
"My client is an ordinary person who likes to raise birds."
"I raised parrots, but never used them for profit. Instead, I took good care of them and bred two to eighteen."
"The 12-year sentence, ask yourself, is it reasonable?!"
"We always believe that our client is innocent for the following reasons."
Wang Dachui took a deep breath and looked directly at the other party.
Started to fight back: "First, the behavior of our party, Song Yun, is only an unlicensed breeding of endangered wild species, and is not suspected of violating the criminal law."
"At the beginning, he picked up a Fei's peony parrot in the countryside, and had the idea of raising it, so he bought another breeding parrot."
"During the five-year period, there was no sale. Instead, the species was protected and more numbers were bred."
"The sale of the three parrots this time is also a repeated request from others, not the subjective will of our party."
"Second, the Fei's peony parrot sold by our party, Song Yun, is artificially bred, not from the wild. This species has now been bred in large numbers."
"Its endangered degree..."
"The Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Destroying Wildlife Resources" issued by the Supreme Court is obviously outdated."
"At least Fei's peony parrot does not meet the conditions of endangered wild animals."
"Third, the behavior of our client is not harmful to society..."
in court.
Wang Dachui gave an impassioned speech, and gave seven reasons for defense in a row.
Every reason of defense is working towards innocence.
To prove these reasons...
Wang Dachui also threw out many current judicial interpretations, the definition of endangered species in the Animal Protection Law and other materials.
Very professional.
The seven-point defense lasted for 10 minutes.
In the court, the voice of Wang Dahammer echoed all the time.
"The sledgehammer... I didn't expect it to be hidden so deep..."
Looking at this scene, Yan Wenxia's eyes widened.
Face full of disbelief.
At this moment, Wang Dahammer was in high spirits.
Cited scriptures and classics in court to give pointers to the country.
Compared with usual, they are completely different people.
Wang Dahammer at this moment...
As if possessed by the god of justice.
The defense reasons listed are all moving in the direction of the defense of innocence.
It hits the nail on the head and is very incisive.
------
ps: There is only one chapter today.
(End of this chapter)
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