Lawyer

Chapter 314 Defense Opinion
"Does your breeding company have a license to sell parrots?" asked the old inspector.

"No." Ning Jinfeng said.

"I'm done asking!" The old prosecutor said to the judge.

"Does the defendant's defender need to question the defendant?" the male judge asked.

"Need to ask a question." After Fang Yi finished speaking, he paused and said, "Ning Jinfeng, are the parrots you sell wild or bred?"

"The parrots in my company are all bred. There are no wild ones. The parrots I sell are all bred in the company." Ning Jinfeng was very cooperative.

"When you sold your parrot to a pet store, did you know what the parrot was for?" Fang Yi asked.

"I know, I asked Boss Zhang specifically at that time. He said that he sold it to others as a pet for viewing." Ning Jinfeng said.

"According to the indictment, the Golden Phoenix Breeding Co., Ltd. operated by you has a license to raise, purchase and breed parrots, in addition to not having a license to sell parrots. Is that true?" Fang Yi asked.

"Yes, our company has all the licenses, but there is no sales license. This is due to my lack of legal awareness and lack of understanding of the sale of wild animals, which leads to crimes. I implore the court to give me another chance. Our company is Apply for a license to sell parrots, and we must operate in accordance with the law in the future." Ning Jinfeng said with tears in her eyes.

"The defender's questioning is over!" Fang Yi said.

"The next step is to present and cross-examine evidence..." the male judge said.

Regarding the evidence provided by the public prosecutor, Fang Yi and Ning Jinfeng all agreed, and there was nothing to say about the evidence in this case.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the public prosecutor speak first. "The male judge said

"...Defendant Ning Jinfeng illegally sold six African gray parrots and other national key protected animals, and his behavior constituted the crime of illegally selling rare and endangered wild animals.

Ning Jinfeng's illegal sale of rare and endangered wild animals is serious and should be sentenced to fixed-term imprisonment of not less than five years but not more than ten years in accordance with the law.In view of the fact that Ning Jinfeng has the qualifications to artificially breed the parrot involved, the parrot involved is an animal that he legally purchased and artificially bred, and after being brought to the case, he truthfully confessed his crimes, pleaded guilty and repented, and considering the factors of the whole case, we recommend that he be sentenced to five years in prison. Year.complete! " said the old inspector.

"The defendant will defend himself," said the male judge.

"Judge, please give me a chance. My company is applying for a license to sell parrots. I plead guilty and accept punishment..." Ning Jinfeng wiped away tears as she spoke, and she broke down in tears at the end.

"The defendant's defender issued a defense opinion." The male judge said.

"The defender believes that although the defendant Ning Jinfeng illegally sold parrots, which constituted the crime of illegally selling rare and endangered wild animals, the social harm is not great, and the parrots sold belong to artificially bred parrots, so the punishment should be reduced, below the statutory penalty Punishment. The reasons are as follows:
[-]. The Jinfeng Breeding Co., Ltd. founded by the defendant Ning Jinfeng has the qualifications for artificial breeding of parrots.

The defendant holds a parrot breeding license issued by the Provincial Forestry Department, and has the ability to breed [-] national first- and second-level protected wild animals such as golden-headed parrots, blue monk parrots, African gray parrots, sun conures, and blue-and-gold macaws. artificial breeding qualifications.The parrots it purchases and raises have also been approved by the forestry department.

It can be seen that the defendant's behavior of selling artificially bred parrots is fundamentally different from other behaviors of illegally selling pure wild animals under national key protection in terms of harmful consequences.

[-]. The parrots sold by Ning Jinfeng are artificially bred animals, not precious or endangered wild animals under national key protection, and there is a huge difference in nature between the two.

The defender believes that for the crime of destroying artificial breeding of wild animal resources, the artificial breeding of the animals involved in the case is an important factor that should be considered in the conviction and sentencing of this case.

The "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Destroying Wildlife Resources" mentioned by the public prosecutor is a judicial interpretation implemented in [-].When the interpretation was issued, the domestic breeding technology was not yet mature, and it was understandable that wild animals under state protection and farmed animals were given the same protection, and that they had the same value.

However, more than ten years have passed, and the domestic wild animal breeding technology is no longer what it used to be. For the same national protected animals, the value of wild animals and the value of farmed animals are very different.

For example, the sika deer, which is listed as a national first-class protected wild animal, has a breeding scale of millions of head, and has become an important breeding industry in some provinces. The artificially bred sika deer has been treated as livestock, and its value is significantly different from that of wild sika deer. .

This can be reflected in Article 2017 of the "Methods for the Evaluation of the Value of Wild Animals and Their Products" issued by the State Forestry Administration (issued in 50.00, borrowed here in advance), that is, the value of artificially bred wild animals and their products, [-]% of the value of the same species of wild animals and their products.

As far as this case is concerned, the parrots sold by the defendant Ning Jinfeng are all captive-bred parrots. Taking the gray parrot involved as an example, although it is listed in Appendix I of the Convention, it belongs to the national first-class protected wild animals.However, the size of the existing wild population is still relatively large, and the scale of artificial breeding is also considerable. When convicting and sentencing, simply punishing the defendant according to the level of protection is suspected of mechanical justice.

In addition, according to the report of the forestry department, the parrot species sold by the defendant belonged to species with mature artificial breeding technology and large-scale breeding, which shows that the social harm of the defendant's behavior is relatively low.should be considered in sentencing.

[-]. Ning Jinfeng has a good attitude of pleading guilty, as a first-time offender and occasional offender

According to the case file materials provided by the public prosecutor, Ning Jinfeng has never been criminally punished, and after being arrested, he voluntarily confessed all the crimes, pleaded guilty and accepted punishment, and his subjective malice was relatively small.

In summary, the defender believes that the parrots involved in the case, which are listed as national key protected animals, have a relatively large number of wild populations, are all species with relatively mature artificial breeding technology and large-scale breeding, and are relatively common pet birds in practice; Defendant Ning Jinfeng has a license to artificially breed the parrots involved in the case. All the parrots sold are second-generation or third-generation artificially bred after being purchased from legal breeding institutions. The source of the parents is clear; the parrots involved in the case flow to the pet market. It was not for the purpose of illegal release or consumption; at the same time, the defendant had no other legally aggravated circumstances, and no serious consequences or related risks were caused.In view of this, the court is requested to sentence the defendant below the statutory penalty, and the defender suggests that the defendant be sentenced to probation.

complete! "Fang Yi said.

……

(End of this chapter)