Lawyer
Chapter 203
Chapter 203
"Appellant Zhao Cuixia, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.
"I disagree with the facts and charges determined by the court of first instance:
[-]. In the first-instance judgment, I was found to be trafficking in nationally protected animals, but I do not agree.
I do not sell wild animals protected by the state. I just introduced them. The whooper swan, a nationally protected animal in my store, does not belong to me. It belongs to Liu Sanding. I have told the police before.
In addition, the buyer is not me, but Wu. He is a member of the police. He encouraged me to introduce him to the purchase of wild animals. We have WeChat and phone records.In the previous first instance, the procuratorate only showed the WeChat of our two sides to reach a deal, and he did not submit the WeChat of calling me and sending me a WeChat to urge me to do things. "
Speaking of this point, Zhao Cuixia's body trembled nervously, her heart galloped like a wild horse, her voice trembled violently, and the A4 paper in her hand shook so badly that she couldn't read clearly, so she slowed down, and then she continued:
"Second, I don't agree with the charges found by the court of first instance. I didn't sell wild animals at all. I was just an introduction. I'm done."
After she finished speaking, Zhao Cuixia's body shivered into a ball, she couldn't hold the A4 paper in her hand, her forehead was already wet, and even her voice was distorted.
"Appellant, calm down." Seeing Zhao Cuixia's behavior, the presiding judge said, fearing that she would faint from nervousness and affect the trial.
The female bailiffs on both sides approached and asked in a low voice how Zhao Cuixia was doing.
"The prosecutor questioned the appellant about the facts found in the first-instance judgment." After a while, the presiding judge said.
"Appellant Zhao Cuixia, how did Liu Sanding meet you? Were you familiar with each other before?" Prosecutor Song asked.
"Liu Sanding and I are from the same township... I run a restaurant in the township, and he often comes to eat at my place, and we've known each other since he came and gone." After the initial nervousness, Zhao Cuixia's mood calmed down a lot.
"How do you know he has wild animals?" Inspector Song asked.
"A man surnamed Wu asked me to buy wild animals as gifts, and he wanted the good ones. The 'good' ones are wild animals that are protected and can't be eaten normally.
I didn’t have any in the store, so I didn’t agree to him. Later, the surname Wu urged me for a long time, so I asked Liu Sanding, who often came to eat, and I knew he had a lot of connections, so I dragged him to help inquire about it. That’s how it happened. "The fear in Zhao Cuixia's eyes has decreased a lot, and she may have gradually adapted to the rhythm of the trial.
"Have you ever bought wild animals from Liu Sanding before?" Inspector Song asked.
"Twice, but I didn't take the initiative to buy it. Liu Sanding mentioned that the store sold it to me." Zhao Cuixia said.
"What did you buy?" Inspector Song asked.
"I remember it was a hare, the kind of hare on the mountain, but later the chef said it didn't look like a wild one, it was a bit too fat, and it should be domesticated.
Another time, he brought me a pheasant, which was later identified by the chef as domestic, not a pheasant at all, and I later accepted it at the price of a domestic chicken. "
Before that, Zhao Cuixia had indeed bought and sold wild animals many times, and she had also bought them from Liu Sanding, but she couldn't say that, she believed that old trickster Liu Sanding would never admit that he had sold wild animals before.So she avoided the important ones and made a few nonsense.
Prosecutor Song hummed angrily. Although he guessed that Zhao Cuixia was dishonest, he had no evidence: "Presiding judge, the public prosecutor is done questioning."
"Next, the defender of the appellant Zhao Cuixia will ask questions." said the presiding judge.
"Okay, presiding judge. Zhao Cuixia, did you know the buyer named Wu who bought wild animals before?" Fang Yi asked.
"I don't know him. He came here by himself." Hearing Fang Yi's question, Zhao Cuixia felt more at ease. She knew that Fang Yi would not dig holes for him.
"What did the buyer surnamed Wu say when he found you?" Fang Yi asked.
"He said he wanted good wild animals for gifts." Zhao Cuixia said.
"Did you have any good wild animals in your hands?" Fang Yi asked.
"No." Zhao Cuixia said.
"Did you take the initiative to contact the seller for him?" Fang Yi asked.
"No, I'm not familiar with him, so I didn't pay attention to this matter. I was thinking about waiting for someone to come to the store to sell wild animals, and I'll contact him again. If there is no one, forget it." Zhao Cuixia said.
"Did the buyer surnamed Wu contact you later?" Fang Yi asked.
"I have contacted, basically call me every week, and sometimes come to the store to ask me about it. I am tired of asking." Zhao Cuixia said.
"Later you found Liu Sanding and asked him to help find the seller of wild animals?" Fang Yi asked.
"Yes, the surnamed Wu always asked about this. I was a little annoyed. It happened that Liu Sanding came to my place for dinner, so I told him about it. Later, he called and told me that it was in stock, and the stock was good. Wild animals, I just contacted Wu." Zhao Cuixia said.
"Zhao Cuixia, will you charge a fee for introducing Liu Sanding to a buyer named Wu?" Fang Yi asked.
"Yes, but only a 50 yuan introduction fee." Zhao Cuixia said.
"Presiding judge, the defender's questioning is over," Fang Yi said.
"Now that we are presenting evidence and cross-examination, do the public prosecutor, defender, and appellant have any new evidence to submit?" asked the presiding judge.
"No." Inspector Song said.
"Presiding judge, before the trial, the appellant had applied to obtain the WeChat chat records and call records between Zhao Cuixia and the buyer surnamed Wu. Apart from this, there is no other evidence to submit." Fang Yi said.
Fang Yi couldn't get Zhao Cuixia's mobile phone because it was locked up by the public security bureau, so he applied to the court to obtain evidence before the trial.
"I have no new evidence." Zhao Cuixia said.
……
"According to the defender's application, this court obtained Zhao Cuixia's call records and WeChat records from January to June before the trial. Now provide them to you for on-site cross-examination.
The prosecutor first cross-examines. After the presiding judge finished speaking, he handed over the collected evidence to the clerk and distributed it to the three parties.
"We have no objection to the evidence obtained." Prosecutor Song said.
The WeChat chat records and call records were obtained by the court, and prosecutor Song had seen them before when he checked the evidence, so he had no objection to the evidence.The procuratorate in the time zone of the first instance did not submit all the WeChat chat records, which may have been omitted, or it may think that such evidence is not important.
"No objection." Zhao Cuixia said.
Fang Yidao: "The defender agrees with the above evidence.
From the evidence, it can be seen that the buyer surnamed Wu made dozens of phone calls to Zhao Cuixia from January to June, basically three or four calls every month.
In addition, judging from the WeChat chat records, almost all of them are urging Zhao Cuixia to help buy wild goods (wild animals) as soon as possible.It can be seen that Zhao Cuixia has always been in a passive position, and did not take the initiative to match the buyer surnamed Wu to buy wild animals, that is to say, she has no obvious subjective criminal intent. "
(End of this chapter)
"Appellant Zhao Cuixia, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.
"I disagree with the facts and charges determined by the court of first instance:
[-]. In the first-instance judgment, I was found to be trafficking in nationally protected animals, but I do not agree.
I do not sell wild animals protected by the state. I just introduced them. The whooper swan, a nationally protected animal in my store, does not belong to me. It belongs to Liu Sanding. I have told the police before.
In addition, the buyer is not me, but Wu. He is a member of the police. He encouraged me to introduce him to the purchase of wild animals. We have WeChat and phone records.In the previous first instance, the procuratorate only showed the WeChat of our two sides to reach a deal, and he did not submit the WeChat of calling me and sending me a WeChat to urge me to do things. "
Speaking of this point, Zhao Cuixia's body trembled nervously, her heart galloped like a wild horse, her voice trembled violently, and the A4 paper in her hand shook so badly that she couldn't read clearly, so she slowed down, and then she continued:
"Second, I don't agree with the charges found by the court of first instance. I didn't sell wild animals at all. I was just an introduction. I'm done."
After she finished speaking, Zhao Cuixia's body shivered into a ball, she couldn't hold the A4 paper in her hand, her forehead was already wet, and even her voice was distorted.
"Appellant, calm down." Seeing Zhao Cuixia's behavior, the presiding judge said, fearing that she would faint from nervousness and affect the trial.
The female bailiffs on both sides approached and asked in a low voice how Zhao Cuixia was doing.
"The prosecutor questioned the appellant about the facts found in the first-instance judgment." After a while, the presiding judge said.
"Appellant Zhao Cuixia, how did Liu Sanding meet you? Were you familiar with each other before?" Prosecutor Song asked.
"Liu Sanding and I are from the same township... I run a restaurant in the township, and he often comes to eat at my place, and we've known each other since he came and gone." After the initial nervousness, Zhao Cuixia's mood calmed down a lot.
"How do you know he has wild animals?" Inspector Song asked.
"A man surnamed Wu asked me to buy wild animals as gifts, and he wanted the good ones. The 'good' ones are wild animals that are protected and can't be eaten normally.
I didn’t have any in the store, so I didn’t agree to him. Later, the surname Wu urged me for a long time, so I asked Liu Sanding, who often came to eat, and I knew he had a lot of connections, so I dragged him to help inquire about it. That’s how it happened. "The fear in Zhao Cuixia's eyes has decreased a lot, and she may have gradually adapted to the rhythm of the trial.
"Have you ever bought wild animals from Liu Sanding before?" Inspector Song asked.
"Twice, but I didn't take the initiative to buy it. Liu Sanding mentioned that the store sold it to me." Zhao Cuixia said.
"What did you buy?" Inspector Song asked.
"I remember it was a hare, the kind of hare on the mountain, but later the chef said it didn't look like a wild one, it was a bit too fat, and it should be domesticated.
Another time, he brought me a pheasant, which was later identified by the chef as domestic, not a pheasant at all, and I later accepted it at the price of a domestic chicken. "
Before that, Zhao Cuixia had indeed bought and sold wild animals many times, and she had also bought them from Liu Sanding, but she couldn't say that, she believed that old trickster Liu Sanding would never admit that he had sold wild animals before.So she avoided the important ones and made a few nonsense.
Prosecutor Song hummed angrily. Although he guessed that Zhao Cuixia was dishonest, he had no evidence: "Presiding judge, the public prosecutor is done questioning."
"Next, the defender of the appellant Zhao Cuixia will ask questions." said the presiding judge.
"Okay, presiding judge. Zhao Cuixia, did you know the buyer named Wu who bought wild animals before?" Fang Yi asked.
"I don't know him. He came here by himself." Hearing Fang Yi's question, Zhao Cuixia felt more at ease. She knew that Fang Yi would not dig holes for him.
"What did the buyer surnamed Wu say when he found you?" Fang Yi asked.
"He said he wanted good wild animals for gifts." Zhao Cuixia said.
"Did you have any good wild animals in your hands?" Fang Yi asked.
"No." Zhao Cuixia said.
"Did you take the initiative to contact the seller for him?" Fang Yi asked.
"No, I'm not familiar with him, so I didn't pay attention to this matter. I was thinking about waiting for someone to come to the store to sell wild animals, and I'll contact him again. If there is no one, forget it." Zhao Cuixia said.
"Did the buyer surnamed Wu contact you later?" Fang Yi asked.
"I have contacted, basically call me every week, and sometimes come to the store to ask me about it. I am tired of asking." Zhao Cuixia said.
"Later you found Liu Sanding and asked him to help find the seller of wild animals?" Fang Yi asked.
"Yes, the surnamed Wu always asked about this. I was a little annoyed. It happened that Liu Sanding came to my place for dinner, so I told him about it. Later, he called and told me that it was in stock, and the stock was good. Wild animals, I just contacted Wu." Zhao Cuixia said.
"Zhao Cuixia, will you charge a fee for introducing Liu Sanding to a buyer named Wu?" Fang Yi asked.
"Yes, but only a 50 yuan introduction fee." Zhao Cuixia said.
"Presiding judge, the defender's questioning is over," Fang Yi said.
"Now that we are presenting evidence and cross-examination, do the public prosecutor, defender, and appellant have any new evidence to submit?" asked the presiding judge.
"No." Inspector Song said.
"Presiding judge, before the trial, the appellant had applied to obtain the WeChat chat records and call records between Zhao Cuixia and the buyer surnamed Wu. Apart from this, there is no other evidence to submit." Fang Yi said.
Fang Yi couldn't get Zhao Cuixia's mobile phone because it was locked up by the public security bureau, so he applied to the court to obtain evidence before the trial.
"I have no new evidence." Zhao Cuixia said.
……
"According to the defender's application, this court obtained Zhao Cuixia's call records and WeChat records from January to June before the trial. Now provide them to you for on-site cross-examination.
The prosecutor first cross-examines. After the presiding judge finished speaking, he handed over the collected evidence to the clerk and distributed it to the three parties.
"We have no objection to the evidence obtained." Prosecutor Song said.
The WeChat chat records and call records were obtained by the court, and prosecutor Song had seen them before when he checked the evidence, so he had no objection to the evidence.The procuratorate in the time zone of the first instance did not submit all the WeChat chat records, which may have been omitted, or it may think that such evidence is not important.
"No objection." Zhao Cuixia said.
Fang Yidao: "The defender agrees with the above evidence.
From the evidence, it can be seen that the buyer surnamed Wu made dozens of phone calls to Zhao Cuixia from January to June, basically three or four calls every month.
In addition, judging from the WeChat chat records, almost all of them are urging Zhao Cuixia to help buy wild goods (wild animals) as soon as possible.It can be seen that Zhao Cuixia has always been in a passive position, and did not take the initiative to match the buyer surnamed Wu to buy wild animals, that is to say, she has no obvious subjective criminal intent. "
(End of this chapter)
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