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

Chapter 163 A Judgment Under the Statutory Penalty!

……

Zizhou.

A high-end neighborhood.

Qing Lan was also watching the live broadcast of the trial.

Ever since she discovered Qin Mu's trumpet in the Law Study Alliance forum, she has been paying attention to the recent lawsuit in Jincheng.

as predicted.

Let her discover this "big case" that was so outrageous that she was sentenced to 12 years.

It's exactly the same as the question Qin Mu posted on the forum with a trumpet!
An ordinary person was prosecuted for selling three parrots and asked to be sentenced to 12 years in prison!

"It's not Qin Mu's defense?"

After the trial began, Qing Lan glanced at the scene of the trial.

Find……

Qin Mu actually sat in the auditorium with the group of old people in the nursing home.

Did not directly participate in the defense of this trial.

"Wang Dachui...I seem to have heard from up that he is the legal adviser of the nursing home..."

Qing Lan blinked her eyes.

The few people Qin Mu sent in before seemed to be helped by him.

Subsequently.

The trial began, and the court discipline was read out.

The public prosecutor stated the indictment, and the defendant firmly claimed his innocence.

Then there is the cross-examination part.

What surprised her even more was...

This Wang Sledgehammer doesn't seem to be very good.

There was no outstanding performance throughout.

until……

The trial proceeded to the free debate session.

In this link, Wang Dahammer raised his head, as if he had changed himself.

In one fell swoop, seven defenses were presented.

In court, he spoke generously and directed at the prosecutor.

Several rebuttals on the current code of law made the public prosecutor speechless.

I can only talk about him from left to right.

"It's too fierce, this lawyer is too fierce..."

Qing Lan swallowed, her face full of shock.

She had thought it was bronze.

Who knew it was a king!
Although she doesn't know much about lawyers, she also knows that it is very difficult to protest against the public prosecution.

And these reasons put forward by Wang Dachui put the original into a disadvantaged situation...

Reverse directly!

For now, the situation should be balanced.

The public prosecutor has always insisted that the evidence is sufficient, and there is no problem in accordance with the requirements of the law.

Wang Dachui, on the other hand, has been attacking the various definitions and behaviors that constitute the criminal law.

For example, the sentencing is too heavy, which violates the principle of proportionality of crime and punishment in the criminal law.

That is, the act of selling animals is far beyond the punishment for abducting and trafficking women, which is very unreasonable.

There is also Fei's peony parrot, which has been artificially bred on a large scale and is not in an endangered state. It cannot be simply judged as an endangered wild protected animal.

The behavior has no social harmfulness, and has not caused irreparable damage to society, the ecological environment, etc...

"I don't know if I can win..."

Unconsciously.

Qing Lan clenched her fists tightly, and her mood also became tense.

12 years is really too long!

This sentencing is unacceptable to ordinary people.

Ruo Songyun specializes in raising parrots, and they sell them well.

But he's just an amateur.

Raised at home and never used for any commercial purposes.

Judicially, such a sentence is too mechanical.

……

at the same time.

Jincheng Court.

Second Criminal Court.

The trial is still going on.

The public prosecutor in the plaintiff's seat and Wang Dachui in the defense are having a heated debate.

"I would like to ask the public prosecutor, you keep saying that the law is enforced according to the current law, but this current law..."

Wang Dachui held his head high.

The mock trial scene that Qin Mu made for him a few days ago flashed through his mind, and he asked in a cold voice: "After a sample survey, less than 20% of the people know about it."

"That is to say, 80.00% of people don't know that except for the three types of parrots, other parrots are endangered wild animals."

"In terms of popularizing the law, it has not been popularized by the whole people."

"This has also led to parrot cases every year, and sentences ranging from six months to several years abound."

"If this is a mechanical approach to justice, is there any suspicion of phishing law enforcement?"

"Is there any suspicion that the people are afraid of the severe punishment and the law, so that they dare not commit crimes again?"

"In my opinion, such behavior is not due to diligence in law enforcement, but laziness in law enforcement!"

"Protect endangered wild animals, but don't work hard in publicity, but catch people who commit crimes unintentionally. Is this your law enforcement attitude?!"

talking and talking.

Wang Dachui simply let go of himself.

In court, he openly reprimanded and asked questions.

A series of questions came down...

The two public prosecutors in the plaintiff's seat frowned, but they didn't know how to refute for a while.

What the other party was targeting was not only this criminal law, but also their attitude towards law enforcement.

in fact.

After this case happened, they also made detailed discussions internally.

There have been two schools of thought.

One side believes that the eighteen parrots are major illegal and criminal acts and must be punished.

The other party believes that Song Yun did not do it for profit, and did not persecute, kill, or exterminate endangered wild animals. Instead, he rescued them and could choose to give up the prosecution.

finally.

The prosecution faction had the upper hand.

They thought they were just participating in a simple court trial, but who knew that the other party hired such a powerful lawyer!

During the free debate session, they were constantly questioned.

"Also, I would like to ask the public prosecutor, what is the social harm of our client's behavior? He never killed an endangered wild animal, but only sold three out of others' pleas."

"In the procedural law of the procuratorate and the public security agency, it has been clarified in detail that crimes that are not harmful to society or crimes with obvious and minor circumstances may not be prosecuted."

"In my opinion, our party's behavior is completely harmless to society, and the circumstances are obviously minor."

The two prosecutors looked at each other.

Can't answer this question directly.

He could only change the topic of the debate, and said in a deep voice: "The defendant's behavior clearly constitutes a crime in the criminal law."

"You claim that he didn't know that the Fei's parrot is an endangered wild animal, which is not logical."

"Being able to breed two parrots to eighteen within five years, he should have a comprehensive and in-depth understanding of parrots, and he cannot be treated as ignorant."

"Five years was ample time for him to stop the crime and turn the parrot over to the forestry department."

"But..."

"In addition, he also signed a plea affidavit, acknowledging the crime and expressing his willingness to be punished..."

Gradually.

Both sides hold their ground.

They fought with each other, and refused to give up half a step.

The public prosecutor directly threw out the plea affidavit, and the situation seemed to have changed again.

The most exciting debate session in the courtroom, the old people in the auditorium were hooked.

It was rare for Zhang Qingyuan and others not to sleep this time.

They all widened their eyes and pricked up their ears.

Listen attentively to the debate on both sides.

This debate was completely different from the quarrels they usually saw.

When quarreling, most of them greet each other's family members.

But this time...

It is a valid argument.

Show logic, reason, and discuss laws.

"Xiao Qin... who do you think has the advantage now?"

In the auditorium.

Song Tiancheng couldn't help turning his head and asked in a low voice.

Qin Mu frowned, shook his head and said, "It's hard to say now, it mainly depends on the judgment of the collegial panel."

talking.

He glanced at the collegial panel above the court.

Zhou Quanmin, two other judges, and four jurors.

Judgment comes from their hands.

Can you win the lawsuit...

It depends on whether Wang Dahammer's defense can convince them.

For now, the situation is unclear.

"Boom-"

three hours later.

Zhou Quanmin sounded the gavel, ending the three-hour free debate.

Then look to both sides.

Asked: "If both parties have anything to add?"

Wang Dachui pursed his dry lips and shook his head.

In these three hours, he played out all the points that Qin Mu explained.

Nothing left.

The prosecutor also said that everything that should be said has been said.

"In that case, let's adjourn for half an hour first."

Followed by.

Zhou Quanmin announced the adjournment, and led the members of the collegiate panel to the rear conference room.

And in the dock.

Wang Dachui nervously wiped the cold sweat from his forehead, and walked up to Qin Mu together with Song Yun.

"How about it, am I doing okay?"

Qin Mu smiled and nodded.

Just now.

From the perspective of the principles of nature, human feelings and legal principles, Wang Dachui made a generous statement and performed very well.

"Then... Uncle Qin, will I be sentenced?"

And Song Yun swallowed, and asked nervously.

Although he had already made plans to burn the boat, he was still very nervous.

If it fails...

The 12-year fixed-term imprisonment is simply desperate.

……

Collegiate meeting room.

"Tell me, what do you think of the case so far?"

Zhou Quanmin looked at the other six people in the seat and began to organize and express their opinions.

events so far.

Both parties have no objection to Song Yun's criminal facts.

The biggest objection in the case is whether Song Yun is considered a crime.

The public prosecutor has always insisted on the prosecution, and the defendant has not pleaded guilty.

"I think that since the facts of the case are clear, we still have to follow the law in making a judgment. This case is unquestionable and there are laws to follow. There shouldn't be so many disputes."

A judge pondered for a while, and expressed his opinion.

But another judge frowned and said, "I agree with what the defendant's lawyer said just now. Mechanical justice is not advisable. 12 years is too rigid."

Several jurors also expressed their opinions one after another.

"Twelve years is indeed rigid, but Song Yun's behavior has completely constituted a particularly serious case in the criminal law. He should be sentenced to more than ten years. We have no right to sentence him to less than ten years."

"According to the facts obtained in the trial, Song Yun bred endangered wild animals, and indeed did not cause social harm."

"The circumstances are obviously minor, and a suspended sentence is generally given, but the application of the suspended sentence is generally a fixed-term imprisonment of less than three years. Song Yun's sentencing probably does not apply to the suspended sentence."

"The current law clearly stipulates that..."

Seven people spoke one after another.

Published views on the case, as well as judgment tendencies.

Three of them believed that they should be judged according to law.

Four thought the 12-year sentence was too harsh.

but……

They belong to the basic courts and have no power to make judgments below the statutory sentence.

If there is a sentence, it can only be sentenced to fixed-term imprisonment of more than ten years in accordance with the statutory punishment.

"Actually, I tried the parrot case two years ago..."

Zhou Quanmin glanced at the six people.

Tells about an old story.

Years ago.

An ordinary farmer in Jincheng was hunting birds in the countryside and killed an endangered wild parrot.

Then it was reported.

The prosecution went to court.

At that time, he was still a judge.

The presiding judge believed that the case should be tried in accordance with the law, and sentenced the party to three years in prison and a fine.

It made a deep impression on him.

"The chief judge's behavior is actually not wrong, but I often think..."

Zhou Quanmin took a deep breath and said seriously: "The purpose of our court's existence is to defend the dignity of the law."

"But beyond the law, there are laws of nature and human relationships."

"The farmer was the backbone of the family at that time, and the whole family relied on him to support them."

"After being sentenced to three years in prison, it has had a huge impact on his family."

"When we judge, in addition to defending the dignity of the law, we should also take into account the fairness of the judgment, the punishment of harmful behavior, and the fairness to the parties."

"Just like Song Yun's case, the endangered protected animals were sold due to repeated requests from others, and the three endangered parrots have been recovered, which did not cause social harm."

"Such a mechanical trial... will only show us that we are too lazy and incompetent."

He spoke for a long time, expressing his thoughts.

After listening to the other six people, they also fell into a short period of thought.

indeed.

Judgment according to law is the simplest.

But the court prides itself on being the most fair and just place.

They uphold the world's adherence to justice.

"But...we have no right to make a judgment under the statutory punishment."

One of the judges smiled wryly and shook his head.

"Then report it to the Intermediate Court!"

Zhou Quanmin spoke in a deep voice, with a somewhat firm look in his eyes.

After Wang Dahammer's defense.

this case...

It is no longer a question of sentencing.

It is the contradiction between the 12-year penalty and fairness and justice.

Wang Dachui's seven defenses all point directly to this issue.

They have no solution to this problem.

The only option is to report.

After half an hour.

The collegial panel discussed a definite plan and decided to report it to the Intermediate Court.

Submit all the case files, trial process, defense opinions and other materials of the case.

……

Seven o'clock in the evening.

Court entrance.

Song Yun came out with a dazed face.

I couldn't help looking at Qin Mu, and asked, "Qin... Uncle Qin, what does the judge mean by saying that this case is too complicated?"

Just now.

They waited patiently for half an hour.

I thought the verdict was coming.

who knows……

The judge declared that the case was too complicated and told them to go back and wait for the verdict.

"It is estimated that it will be reported to the Intermediate Court."

The corner of Qin Mu's mouth twitched a few times.

This result was beyond his expectation.

But this also explains...

There is no one-size-fits-all court in Jincheng.

That's why I took the initiative to report to the higher court.

According to the provisions of the procedural law, if the local court has a case that cannot be resolved, it can report it.

"Go back and wait for news."

Subsequently.

He comforted Song Yun, letting him wait for the news of the verdict with peace of mind.

Simultaneously.

Discussed with Wang Dachui the preparations for the appeal of the second instance.

If the verdict comes down and they are still guilty, they will have no choice but to continue to appeal and fight for their rights.

……

The next day.

nursing home.

After the trial of the case has come to an end.

Qin Mu and Wang Dachui, the two idlers, continued to work.

Qin Mu's work is still relaxed and leisurely.

Fishing by the way.

To his surprise...

After experiencing this incident, Wang Dachui no longer lay flat.

During work, I frantically supplemented with criminal law knowledge and defense knowledge.

In his words...

This court trial has greatly improved his family status.

His girlfriend looked at him with admiration, and now she yelled at Brother Sledgehammer one by one.

"I didn't expect my real talent to be in criminal defense."

"I have already decided that after this lawsuit is over, I will quit my job and go to her law firm to help."

"You remember to research quickly, and then just transfer directly."

Wang Dachui even started to actively urge Qin Mu.

Qin Mu: "..."

From Wang Dachui's mouth, he also learned the basic situation of Yan Wenxia.

In another city, opened a law firm.

Similar to Zhang Wei, he specializes in criminal cases.

only……

He felt that with Wang Dahammer's current "professional level", going there might be a disservice.

Subsequently.

He also took advantage of this waiting time to prepare for the law test.

It will be much more convenient to defend the people around you when you get your lawyer's license.

Although the pass rate of the law test is only 8.75%, it is not difficult for him.

Time flickers.

Five days passed in a flash.

this day.

Song Tiancheng hurried to the nursing home with Song Yun.

Qin Mu was found.

"Uncle Qin, help me see, what does this judgment mean?"

Song Yun was nervous and asked, "The person who sent the verdict, let me report to the correctional community as soon as possible."

Qin Mu was stunned for a moment.

He took the verdict and checked it out.

There are two forms of the court's judgment, one is to pronounce the judgment in court, and the other is to convey the judgment.

The latter is directly conveyed to the hands of the parties.

Open the verdict.

He saw the verdict displayed on it: After being heard by the Higher Court and reviewed by the Supreme Court, Song Yun was sentenced to six months in prison with a nine-month reprieve and a fine of 15000 yuan.

In the reasons for the judgment...

It states in detail: "After the trial by the basic court and the review by the high court, Song Yun's behavior has violated the crime of illegal business operation, illegal hunting, and killing rare and endangered wild animals.

However, given that Song Yun is a first-time offender; in the process of breeding Fei's peony parrots, the social and environmental benefits have not been damaged, and there is no obvious harm; the sale is not subjective and voluntary, but at the request of others.

In order to demonstrate the true value of the criminal law in punishing evil and promoting good, a judgment under the statutory punishment was made. "

Watch this verdict.

Qin Mu couldn't help but gasped.

The judgment of the case came from the high court!
And reported to the Supreme Court for approval.

According to his knowledge of litigation, the judgments made by courts at all levels need to apply to the Supreme Court for approval in two cases.

The first is the death penalty.

Any death sentence must go through the review process of the Supreme Court before it can take effect and be implemented.

The second is the sentence under the statutory penalty.

For a certain crime, due to various reasons, the sentence under the statutory punishment must be subject to retaliation.

After review and approval, it is allowed to execute.

Take Song Yun's verdict as an example.

Originally set at 12 years in prison, but reduced to less than ten years, it needs to be reported.

"Uncle Qin? Uncle Qin?"

Seeing that Qin Mu didn't speak, Song Yun couldn't help asking, "Does this mean... that I don't have to go to jail?"

Qin Mu put down the verdict and nodded, "You don't need to go to jail, but you need to be suspended."

Followed by.

He explained to Song Yun the implementation of the probation.

Probation is also a kind of punishment, but it is different from free punishment.

Liberty punishment refers to the restriction of personal freedom, detention in prison, and reform.

Probation, on the other hand, is a social penalty.

Will serve time in the community with regular supervision.

It takes two days a week to go to the community to "serve a sentence" and learn various reform knowledge.

Do not leave restricted areas.

"I still haven't been able to win the innocence. If you are not satisfied with the verdict...you can apply for a second instance."

Qin Mu looked at Song Yun and asked seriously.

Although probation does not require jail time, it is still very different from innocence.

At least a criminal record exists.

To some extent, it will affect three generations.

Although this judgment was made by the High Court, it still belongs to the first instance judgment.

The current domestic litigation system implements a four-level two-instance system.

Courts at all levels are classified according to...

They are basic courts, intermediate courts, high courts, and the Supreme Court.

The Intermediate Court has jurisdiction over cases within the city.

The Superior Court has jurisdiction over provincial cases.

Any case will be considered final after it has been tried by two levels of courts, and the parties may no longer appeal.

So Song Yun still has the right to appeal once.

"appeal?"

Song Yun swallowed after listening to Qin Mu's explanation.

He asked again: "If I fail to appeal, will this verdict... still count?"

After these days.

He could realize that this judgment did not come easily.

He's still guilty, but he doesn't have to go to jail.

Much better than expected.

"Not counting, the appeal case shall be subject to the result of the second instance judgment."

Qin Mu shook his head and replied.

Generally speaking.

There are two situations in the second-instance judgment, one is to uphold the original judgment, and the other is to make a new judgment.

In judicial practice...

There have been many cases of minor crimes in the first instance, but they insisted on appealing, and new criminal facts were discovered during the trial process, and the punishment was increased instead.

and so.

The second trial may not result in a lighter sentence, on the contrary, it may be more severe.

"Then...then I won't appeal."

After thinking carefully, Song Yun shook his head again and again.

He can actually accept the current verdict.

It is much better to go to the community correction report every week, report the trajectory of action, and learn to reform, which is much better than going to jail.

Qin Mu nodded.

Since Song Yun didn't force it, he didn't say anything.

This case...

After half a month of hard work, the dust finally settled.

His innocence plea failed, but it also achieved some results.

"Unfortunately, the system rewards are probably gone..."

Qin Mu sighed regretfully.

But no regrets.

The system gives three mission routes, the second one is the probation route.

If he chooses to probation, judging from the current sentence, the task completion rate may reach 200%.

But he chose to plead not guilty!

Not surprisingly...

Task completion should be 0.

------

ps: There is only one chapter today.

I owe nine chapters so far, and I will pay off the debt at midnight tomorrow.

(End of this chapter)