If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 158: Telling lies with open eyes?

The court date was quickly set, and sure enough, it was merged with Cao Kunshan's case.

The correlation between the buying and selling activities was already very strong. In addition, Guo Tiansong voluntarily surrendered, and the two of them were from the same place. It was not too surprising that the court tried them together.

At the same time, Ren Zhen also learned about the sentencing recommendations from the public prosecution agency.

Cao Kunshan spent two and a half years, Guo Tiansong four years.

Guo Tiansong has been almost at the top of his game in the past four years.

When he learned that he had been sentenced to four years in prison, Guo Tiansong almost fainted.

"This is just a sentencing recommendation from the Public Prosecution Court, and the court may not necessarily adopt it."

Ren Zhen's comfort did not make him feel relieved. After Guo Tiansong hung up the phone, he hurriedly ran to the company to make funeral arrangements.

Even if he really goes to jail for four years, the company will still have to run as usual.

After so many days of suffering, Guo Tiansong was already prepared for the worst.

court day.

Guo Tiansong and Cao Kunshan were brought into the dock one after another, and the presiding judge began to announce the source of the case and the cause of prosecution.

"This court formed a collegial panel in accordance with the law, with myself, Luo Xinyan, as the presiding judge, and Nan Shuying and Tian Chaoping as the judges, to hear this case in public.

Lu Yunwen and Xu Changqing of the Public Prosecution Court of Mingshan District, H City, Province C, appeared in court to perform their duties. The first defendant Guo Tiansong and his attorney Ren Zhen, and the second defendant Cao Kunshan and his attorney Zhang Yishuo attended the court to participate in the lawsuit.

Did the defendants Guo Tiansong and Cao Kunshan apply to recuse themselves from the relevant persons in the court? "

There are two female judges in the collegial panel this time. Luo Xinyan wears a smart ponytail and looks to be in her thirties.

"No application."

"Don't avoid it."

Guo Tiansong and Cao Kunshan answered almost at the same time.

"Okay, now we will enter the court investigation phase and ask the prosecutor to read out the indictment."

At the public prosecution table, Lu Yunwen stood up and picked up the materials in his hand:
"The first defendant, Guo Tiansong, male, was born on X, month, 19XX. He was criminally detained on X, month, X, 20XX for allegedly illegally acquiring, transporting, and selling precious and endangered wild animals.
The second defendant, Cao Kunshan, male, was born on X month X, 19XX. He was criminally detained on X month X, 20XX for allegedly illegally acquiring, transporting and selling precious and endangered wild animals. With the approval of this court,
After legal review, it was found that in March 20XX, the two defendants met in an online community. After learning that Guo Tiansong opened a parrot breeding farm, Cao Kunshan immediately expressed his desire to buy some parrots.
After Cao Kunshan was arrested, Guo Tiansong took the initiative to surrender to the law enforcement agency.
Although Guo Tiansong has a license to breed parrots, he does not have the corresponding business qualifications. Without permission from the relevant departments, his behavior is illegal selling of precious and endangered wild animals.

Although the parrots Guo Tiansong illegally sold were artificially bred, they were also classified as national secondary protected wild animals or wild animals listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.According to the interpretation of the Supreme People's Court of my country on several issues concerning the application of law in handling criminal cases of destruction of wild animal resources, they should be recognized as rare and endangered wild animals under national key protection under the provisions of my country's criminal law.

The above facts are confirmed by evidence such as the chat records of the two defendants, transaction records, interrogation records, and appraisal reports issued by the H City Zoo.

The above-mentioned criminal facts are clear, and the evidence is reliable and sufficient, which is sufficient to establish it.

This court believes that the actions of the two defendants have violated the provisions of Article 341 of the Criminal Law of our country and are suspected of illegally purchasing, transporting, and selling precious and endangered wild animals. According to the provisions of Article 176 of the Criminal Procedure Law of our country, we have initiated a public prosecution and requested the court to impose a sentence in accordance with the law. ! "

"Defendant Cao Kunshan and defense lawyer, do you have any objection to the facts and charges charged by the prosecutor?"

Luo Xinyan looked at Cao Kunshan.

Although the two defendants are preceded by the words first and second, it is just for the convenience of distinction and does not mean that the judge must follow this order of first and second when conducting every procedure.

Cao Kunshan signed a confession of guilt and punishment. In the judge's opinion, there was a high probability that there would be no objections, so he asked Cao Kunshan first.

"No objection." Sure enough, Cao Kunshan's answer was without hesitation.

"Defendant Guo Tiansong and defense lawyer, do you have any objection to the facts and charges charged by the prosecutor?"

Luo Xinyan looked over, and she was actually a little confused about this defendant who did not plead guilty and accept punishment.

She has handled many cases of illegal trading of wild animals. Since the penalty for this crime is relatively heavy, unless the defendants are convinced that they are innocent, most of them plead guilty early and accept the punishment and strive for leniency.

It can also be seen from the sentencing recommendation of the Public Prosecution Court that Guo Tiansong's sentence was much heavier than that of Cao Kunshan. He did not plead guilty until the trial. What did the defendant's lawyer do?

Luo Xinyan may have heard of several cases handled by Ren Zhen, but obviously she didn't know Ren Zhen, so she subconsciously blamed this amateur lawyer for the defendant's refusal to plead guilty and accept punishment.

"me."

Guo Tiansong stumbled, unable to speak a few words clearly.

"We have objections."

Ren Zhen stood up. He was still asked to state his objection anyway.

"Then tell me which parts you have objections to. Keep it simple."

Luo Xinyan was a little surprised, but she still presided over the trial and continued.

"First of all, we accept what the prosecutor said about the acquaintance process between Guo Tiansong and Cao Kunshan, as well as the transactions between the two."

Upon hearing this, the judges and prosecutors began to frown.

It's surprising enough that you have objections, but why is your objection even more surprising?
You have admitted that there was a transaction between them, can this still be called an objection?

"However, we do not accept the prosecutor's accusation that the parrots sold by Guo Tiansong are precious and endangered wild animals under national key protection under the provisions of our country's criminal law."

Ren Zhen quickly answered their doubts: "If the parrots Guo Tiansong sold to Cao Kunshan were not precious and endangered wild animals under national key protection under the provisions of our country's criminal law, then his selling behavior would naturally not constitute a crime.

Based on this, the defender has objections to the charges made by the public prosecution. "

The presiding judge asked him to make a brief statement, and Ren Zhen directly stated his reasons without too much nonsense.

As for the specifics, it will be slowly unfolded in the subsequent court hearings.

"The prosecutor will interrogate the two defendants separately. The second defendant Cao Kunshan and his defense lawyer are temporarily waiting outside the court."

Following Luo Xinyan's command, Cao Kunshan and Zhang Yishuo followed the bailiff out.

In a criminal trial, if there are multiple defendants, other defendants cannot be present during the interrogation to prevent collusion in confessions.

Unless the collegial panel deems it necessary, it may summon multiple defendants to be present at the same time for confrontation.

"Prosecutor, the interrogation of Guo Tiansong can begin."

The court door closed and Luo Xinyan looked at the defense table.

Although she was talking to the prosecutor, she was more curious about why the lawyer said that the parrots sold by Guo Tiansong were not protected by criminal law.

Isn't this talking nonsense with your eyes open?
(End of this chapter)