If you were asked to file a lawsuit, how come you were not found guilty?
Chapter 162 Photos can also be used for DNA testing. I am ignorant.
Chapter 162 Photos can also be used for DNA testing. I am ignorant.
veterinary?
Luo Xinyan realized something.
"First of all, I happen to have a copy of the Forensic Identification License Management Regulations promulgated by the Department of Justice of Province C. The regulations have clear requirements for the identification of wild animal species."
Ren Zhen raised the document in his hand, and Lu Yunwen's heart skipped a beat across from him.
broken.
It seems like you haven't considered this?
“According to the requirements in the regulations, if you want to serve as the subject of identification of wild animal species in criminal proceedings, you must have corresponding places, instruments, laboratories and more than three judicial appraisers. After meeting these prerequisites, you must also With permission from the Department of Justice, we have the corresponding forensic appraisal license.
So let’s leave aside whether the H City Zoo meets these conditions. I would like to ask the public prosecutor, does the H City Zoo have a forensic appraisal license?
I did not see this item in the evidence catalog. If I missed it, please remind me. "
Ren Zhen looked sincere, while Lu Yunwen had black lines all over his head.
It's cheap and good, right?
Too nosey!
"Prosecutor, does the H City Zoo have forensic qualifications?"
Luo Xinyan had only read the conclusion of this appraisal report before, ignoring whether the zoo had the corresponding forensic qualifications.
After all, when it comes to identifying parrots, think about it being done by a zoo, which is exactly the right professional counterpart.
But this is from the perspective of common sense. Can a zoo actually do an appraisal?
Luo Xinyan suddenly felt that she had neglected her duty. Such an important matter was discovered only after being reminded by a lawyer.
Just because we have adjudicated many such cases before, we cannot take it lightly!
She reminded herself silently in her mind.
"This. We will verify it after the court and submit a supplementary material."
As soon as this remark came out, the answer was self-evident.
"Okay, let's not discuss whether H City Zoo has appraisal qualifications for now.
I happen to have another copy of the Species Identification Standards for Wild Animals and Their Products issued by the Forestry Department of my country. "
Ren Zhen waved his hand very generously and raised another document.
exactly?
Isn't it just right for you?
Can you speak normally?
Lu Yunwen was about to curse Ren Zhen to death in his heart, but in fact it was because he had lost the initiative in the trial that made him very upset.
“In this identification specification, there are also requirements for the qualifications of personnel who identify wild animal species.
First of all, the appraisal institution is required to have corresponding technical supervisors, at least three. Does the H City Zoo have one?
We don't know, so let's just assume he has it for now. It's very likely that it's what the appraisal report says. Their veterinarian who did the appraisal is the technical director. Maybe it's just a different name. "
Ren Zhen asked and answered his own questions, “Secondly, it is also required that the technical director should have a doctorate or a professional technical title of deputy senior vocational or above, have 5 years or more experience in wildlife species identification in related majors, and understand the cutting-edge technology in the field of wildlife evidence identification.
If the H City Zoo does have forensic qualifications, it will also be equipped with a corresponding technical supervisor.
Then when you have to trouble the public prosecutor to verify it later, remember to ask them to also provide relevant proof of a doctorate degree certificate or a professional and technical title of associate senior or above. "
Ren Zhen smiled politely, but in Lu Yunwen's eyes, he looked like a villain.
After hearing this, several judges were speechless.
How could a small zoo have forensic qualifications?
It’s even less likely that there are more than three PhDs, right?
"On the other hand, if any of the conditions just mentioned cannot be met, then the appraisal report given by the H City Zoo will naturally be invalid.
In other words, it is impossible to confirm that the parrot involved in the case is a precious and endangered wild animal under national key protection under the provisions of my country's criminal law. "This part of Ren Zhen's cross-examination is finally over, and the direction of the cross-examination is also clear.
Your appraisal agency does not have appraisal qualifications and the appraisal report it gave is invalid, so it cannot be concluded that these birds were illegally traded, let alone Guo Tiansong guilty because of this.
Lu Yunwen was a little depressed. The law enforcement agencies were responsible for the identification, and they only needed to obtain materials from the law enforcement agencies.
Who knew these guys were so unreliable?
He glanced at Tan Junchang and Peng Junyang, who had been sitting aside for a while. They also lowered their heads slightly at this time, looking embarrassed.
Alas, that's all. Anyway, only the appraisal at the H City Zoo was invalid. The other report issued by the J City appraisal agency must be fine, right?
The worst thing is that the sentence should be light. The parrots whose species can be confirmed will not be able to escape, right?
"Does the defender have any cross-examination opinions on the appraisal report issued by the J City Judicial Appraisal Institution on the blue-faced Badan parrot involved in the case?"
Luo Xinyan confirmed the report and found that there should be no problem with the qualifications of this organization.
Many of the cases she had done before, most of the appraisals that couldn't be done in H City, were sent here to be done. There can't be any mistakes now, right?
"Have."
Ren Zhen's answer was brief, Lu Yunwen's heart suddenly lifted, and Luo Xinyan was slightly surprised: "Then continue the cross-examination."
“According to the evidence submitted by the prosecutor, on April 4, the Mingshan District Law Enforcement Bureau seized the parrots involved in the case and sent them to an animal rescue station.
On April 4, these parrots were sent from the animal rescue station to the H City Zoo for so-called identification, and were returned to the animal rescue station again the next day. Since then, there has been no record of the parrots involved in the case being taken from the animal rescue station.
The appraisal report of the J City Forensic Appraisal Institution was made on April 4. I would like to ask the prosecutor, did the Law Enforcement Bureau not send these parrots before the J City Forensic Appraisal Institution made the appraisal? "
Facing Ren Zhen's question, Lu Yunwen was also a little confused.
This was not done by me, how do I know?
"Then let's ask these two law enforcement officers from the Mingshan District Law Enforcement Agency to talk about it?"
Seeing that Lu Yunwen could not give an answer to this question, Luo Xinyan looked directly at Tan Junchang and Peng Junyang.
"Two, after April 4th, did you take the parrot involved in the case out of the animal rescue station and send it to J City for identification?"
Tan Junchang thought for a few seconds and looked at Peng Junyang next to him, a little unsure: "No?"
"No, no, captain, you forgot. At that time, you said you could just send the photo."
Peng Junyang quickly shook his head and helped Tan Junchang recall.
"Oh yes, that's right. No."
"So when the J City Judicial Appraisal Agency identifies these parrot species, the entire basis is your photos?"
Ren Zhen asked further.
"Yes."
Tan Junchang nodded calmly, what happened to the photo?Isn't it just a flock of birds? It's so troublesome. Just going back and forth to the zoo is almost exhausting, and I have to worry about whether there are too many birds.
Photos are so convenient.
The faces of Ren Zhen and the judge became bright at the same time.
"The identification report shows that DNA molecular identification was performed on the parrot involved in the case. I would like to ask how the DNA identification was performed on the photo?"
(End of this chapter)
veterinary?
Luo Xinyan realized something.
"First of all, I happen to have a copy of the Forensic Identification License Management Regulations promulgated by the Department of Justice of Province C. The regulations have clear requirements for the identification of wild animal species."
Ren Zhen raised the document in his hand, and Lu Yunwen's heart skipped a beat across from him.
broken.
It seems like you haven't considered this?
“According to the requirements in the regulations, if you want to serve as the subject of identification of wild animal species in criminal proceedings, you must have corresponding places, instruments, laboratories and more than three judicial appraisers. After meeting these prerequisites, you must also With permission from the Department of Justice, we have the corresponding forensic appraisal license.
So let’s leave aside whether the H City Zoo meets these conditions. I would like to ask the public prosecutor, does the H City Zoo have a forensic appraisal license?
I did not see this item in the evidence catalog. If I missed it, please remind me. "
Ren Zhen looked sincere, while Lu Yunwen had black lines all over his head.
It's cheap and good, right?
Too nosey!
"Prosecutor, does the H City Zoo have forensic qualifications?"
Luo Xinyan had only read the conclusion of this appraisal report before, ignoring whether the zoo had the corresponding forensic qualifications.
After all, when it comes to identifying parrots, think about it being done by a zoo, which is exactly the right professional counterpart.
But this is from the perspective of common sense. Can a zoo actually do an appraisal?
Luo Xinyan suddenly felt that she had neglected her duty. Such an important matter was discovered only after being reminded by a lawyer.
Just because we have adjudicated many such cases before, we cannot take it lightly!
She reminded herself silently in her mind.
"This. We will verify it after the court and submit a supplementary material."
As soon as this remark came out, the answer was self-evident.
"Okay, let's not discuss whether H City Zoo has appraisal qualifications for now.
I happen to have another copy of the Species Identification Standards for Wild Animals and Their Products issued by the Forestry Department of my country. "
Ren Zhen waved his hand very generously and raised another document.
exactly?
Isn't it just right for you?
Can you speak normally?
Lu Yunwen was about to curse Ren Zhen to death in his heart, but in fact it was because he had lost the initiative in the trial that made him very upset.
“In this identification specification, there are also requirements for the qualifications of personnel who identify wild animal species.
First of all, the appraisal institution is required to have corresponding technical supervisors, at least three. Does the H City Zoo have one?
We don't know, so let's just assume he has it for now. It's very likely that it's what the appraisal report says. Their veterinarian who did the appraisal is the technical director. Maybe it's just a different name. "
Ren Zhen asked and answered his own questions, “Secondly, it is also required that the technical director should have a doctorate or a professional technical title of deputy senior vocational or above, have 5 years or more experience in wildlife species identification in related majors, and understand the cutting-edge technology in the field of wildlife evidence identification.
If the H City Zoo does have forensic qualifications, it will also be equipped with a corresponding technical supervisor.
Then when you have to trouble the public prosecutor to verify it later, remember to ask them to also provide relevant proof of a doctorate degree certificate or a professional and technical title of associate senior or above. "
Ren Zhen smiled politely, but in Lu Yunwen's eyes, he looked like a villain.
After hearing this, several judges were speechless.
How could a small zoo have forensic qualifications?
It’s even less likely that there are more than three PhDs, right?
"On the other hand, if any of the conditions just mentioned cannot be met, then the appraisal report given by the H City Zoo will naturally be invalid.
In other words, it is impossible to confirm that the parrot involved in the case is a precious and endangered wild animal under national key protection under the provisions of my country's criminal law. "This part of Ren Zhen's cross-examination is finally over, and the direction of the cross-examination is also clear.
Your appraisal agency does not have appraisal qualifications and the appraisal report it gave is invalid, so it cannot be concluded that these birds were illegally traded, let alone Guo Tiansong guilty because of this.
Lu Yunwen was a little depressed. The law enforcement agencies were responsible for the identification, and they only needed to obtain materials from the law enforcement agencies.
Who knew these guys were so unreliable?
He glanced at Tan Junchang and Peng Junyang, who had been sitting aside for a while. They also lowered their heads slightly at this time, looking embarrassed.
Alas, that's all. Anyway, only the appraisal at the H City Zoo was invalid. The other report issued by the J City appraisal agency must be fine, right?
The worst thing is that the sentence should be light. The parrots whose species can be confirmed will not be able to escape, right?
"Does the defender have any cross-examination opinions on the appraisal report issued by the J City Judicial Appraisal Institution on the blue-faced Badan parrot involved in the case?"
Luo Xinyan confirmed the report and found that there should be no problem with the qualifications of this organization.
Many of the cases she had done before, most of the appraisals that couldn't be done in H City, were sent here to be done. There can't be any mistakes now, right?
"Have."
Ren Zhen's answer was brief, Lu Yunwen's heart suddenly lifted, and Luo Xinyan was slightly surprised: "Then continue the cross-examination."
“According to the evidence submitted by the prosecutor, on April 4, the Mingshan District Law Enforcement Bureau seized the parrots involved in the case and sent them to an animal rescue station.
On April 4, these parrots were sent from the animal rescue station to the H City Zoo for so-called identification, and were returned to the animal rescue station again the next day. Since then, there has been no record of the parrots involved in the case being taken from the animal rescue station.
The appraisal report of the J City Forensic Appraisal Institution was made on April 4. I would like to ask the prosecutor, did the Law Enforcement Bureau not send these parrots before the J City Forensic Appraisal Institution made the appraisal? "
Facing Ren Zhen's question, Lu Yunwen was also a little confused.
This was not done by me, how do I know?
"Then let's ask these two law enforcement officers from the Mingshan District Law Enforcement Agency to talk about it?"
Seeing that Lu Yunwen could not give an answer to this question, Luo Xinyan looked directly at Tan Junchang and Peng Junyang.
"Two, after April 4th, did you take the parrot involved in the case out of the animal rescue station and send it to J City for identification?"
Tan Junchang thought for a few seconds and looked at Peng Junyang next to him, a little unsure: "No?"
"No, no, captain, you forgot. At that time, you said you could just send the photo."
Peng Junyang quickly shook his head and helped Tan Junchang recall.
"Oh yes, that's right. No."
"So when the J City Judicial Appraisal Agency identifies these parrot species, the entire basis is your photos?"
Ren Zhen asked further.
"Yes."
Tan Junchang nodded calmly, what happened to the photo?Isn't it just a flock of birds? It's so troublesome. Just going back and forth to the zoo is almost exhausting, and I have to worry about whether there are too many birds.
Photos are so convenient.
The faces of Ren Zhen and the judge became bright at the same time.
"The identification report shows that DNA molecular identification was performed on the parrot involved in the case. I would like to ask how the DNA identification was performed on the photo?"
(End of this chapter)
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