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

Chapter 160 How to prove that his bird is his bird

Do identification?
Guo Tiansong shook his head simply: "No, someone has asked for this before, and I have also learned about this matter. There is no qualified identification agency in H City. If you want to identify the parrot species, you need to send it to the next city.

Identification is too cumbersome and costly.

I don't make money from this in the first place, and the appraisal will cost more, but if the buyers are asked to pay, they will definitely not be willing to do so.

So some buyers mentioned it, but when they heard that the appraisal still cost money, they stopped talking about it. "

Luo Xinyan nodded and briefly communicated with her two colleagues.

"The prosecutor will begin to present evidence."

The question just now was obviously just for confirmation and the judge did not continue to ask further questions.

"Presiding judge, since there is a lot of evidence in this case, I will present evidence in groups to better ascertain the facts of the case."

"can."

With Luo Xinyan's permission, Lu Yunwen first picked up the pile of evidence on his left and stood up confidently.

“The first is the first group, the evidence seizure decision, seizure list, search transcripts, express delivery records, chat records between Guo Tiansong and Cao Kunshan, animal rescue station receipts, etc.

This set of evidence can prove that there was a transaction of buying and selling parrots between the two defendants. Based on the information recorded on the express delivery note and the chat records between the two, the species and corresponding quantity of parrots that Guo Tiansong sold to Cao Kunshan can be determined.

After Cao Kunshan was arrested, law enforcement agencies seized the parrots involved in the case under the witness of witnesses and sent them to the animal rescue station. The information on the receipt also clarified the number of parrots. "

Lu Yunwen listed the evidence one by one in an orderly manner. The clerk played the scanned copy on the screen at the right time so that everyone could know what Lu Yunwen was talking about.

"The defense can begin cross-examination."

Luo Xinyan's words were very concise.

"First, the set of evidence provided by the prosecutor can only prove that Guo Tiansong and Cao Kunshan bought and sold parrots, but the information on the express delivery note, the chat history between the two, and the information on the animal rescue station's receipt are insufficient. To prove what species the parrot involved in the case is.”

Ren Zhen didn't speak quickly and was obviously thinking about his words.

Nowadays, there is definitely a practice of buying and selling parrots. The key lies in what kind of parrots are being bought and sold.

After all, the sale and purchase of some parrots is legal. He does not need to prove what species the parrot is, he only needs to make it impossible for the prosecutor to prove it.

"Second, the prosecutor just mentioned that the law enforcement agency seized the parrot involved in the case under the witness of witnesses, but I did not see the witness's signature on the seizure list."

Oh?
Luo Xinyan immediately lowered her head to look for it.

"Moreover, in the seizure list, the law enforcement agencies did not number the parrots, nor did they take pictures one by one. There was no text description, no description of the characteristics, and no verification of the parrots involved in the case."

Ren Zhen said a series of questions, which made Lu Yunwen a little confused.

How come this has become a problem for you?
"Even Guo Tiansong, who has raised parrots for many years, dare not say that he can accurately identify the species of each parrot. Shouldn't law enforcement agencies be more careful during the seizure process?

If there is no corresponding behavior as I mentioned above, how can we guarantee that the parrots sent to the animal rescue station by law enforcement agencies are the parrots seized from Cao Kunshan?
It is even less certain whether the evidence now submitted to the court is really related to the parrots sold by Guo Tiansong. "

Having said this, Ren Zhen glanced at Lu Yunwen, who was staring at him, as if he wanted him to shut up immediately.

Are you sweating profusely, brother?

Ren Zhen secretly laughed in his heart. If the law enforcement agencies were not rigorous in their work, the prosecutor would be passive during the trial.

This obvious procedural flaw will obviously affect the effectiveness of the evidence.

He didn't know if Lu Yunwen had raised questions about these before, but even if he had, the established facts couldn't be changed, so he had to bite the bullet.

If there is no significance raised by the defendant, the flaw is not a flaw.Unfortunately, Ren is really a lawyer who is good at finding faults.

"Public prosecutor, can you respond to the defender's cross-examination?"

Cross-examination means questioning the evidence.

Ren Zhen's questioning is logical and understandable, and it is also a question that the judges want to know.

"As for the question raised by the defender about the unknown species of the parrot involved in the case, it will be clarified in the subsequent evidence, so I will not respond here.

Regarding possible flaws in the seizure process, the prosecutor has confirmed with law enforcement agencies before trial, and now applies for relevant law enforcement officials to appear in court to explain the situation. "

Hearing this, Ren Zhen was really surprised.

It seems that the problems he discovered were also discovered by Lu Yunwen during the court session. He even invited law enforcement officers to explain. It seems that he was well prepared.

But even if you let the person who caused the flaw come over, the flaw will still be a flaw.

"agree."

Luo Xinyan nodded, the court door opened, and two people walked in.

Luo Xinyan clarified their identities. They were called Tan Junchang and Peng Junyang, and they were law enforcement officers from the law enforcement agency in Mingshan District.

After Cao Kunshan arrived at the case, it was Tan Junchang who led the people to seize and transfer the evidence. Peng Junyang was his colleague and participated in the whole process.

"Can you please explain, when the parrot involved in the case was impounded, why was it not numbered and photographed?"

Faced with Luo Xinyan's question, Tan Junchang and Tan Junchang were a little embarrassed.

"this."

Tan Junchang hesitated. He was the captain, so he had to say: "This is our first time seizing such a living creature. We have no experience, so the process was a bit messy. We didn't think about it at the time."

Although they had communicated before, Lu Yunwen couldn't help but cover his face because he admitted so frankly.

However, after Tan Junchang appeared in court, at least in this regard, it was proved that it was not their prosecutor's problem.

I won’t take the blame for the law enforcement agencies!

"However, we have law enforcement recorders throughout the entire process. We are sure that from seizure to transfer, not a single parrot was missing and was sent to the animal rescue center."

Tan Junchang quickly added.

"Has the tape arrived?"

what?
Tan Junchang was stunned for a moment before realizing that the judge was asking about the video from the law enforcement recorder.

"No no."

Luo Xinyan was speechless. She already had problems with her own affairs. She knew that there was a video to remedy the situation, but she still didn't bring it over today.

If you are asked to appear in court to explain the situation, are you really going to just rely on your words?

"Call your colleagues later to help deliver it and bring it over before the trial."

Putting this matter aside for the time being, Luo Xinyan remembered another question:
"Why is there no witness signature on the seizure list?"

(End of this chapter)