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

Chapter 164: Whatever the law stipulates, must it be right?

Facing Ren Zhen's series of questions, Lu Yunwen fell silent.

Indeed, Guo Tiansong could not prove that his identification would not be wrong, but he did not need to prove it in the first place.

Ren Zhen just used Guo Tiansong's identification ability to question the parrots in the animal rescue center.

It is up to the prosecutor to prove whether these parrots are the same batch that was originally seized.

"After deliberation, the collegial panel concluded that there is no need for re-identification in this case and the trial will continue."

Luo Xinyan made the final decision and announced that the trial would continue to advance.

After Cao Kunshan and Zhang Yishuo returned to the court, they found that the atmosphere in the court seemed different.

Since Cao Kunshan pleaded guilty and accepted punishment, the court investigation on his side proceeded very quickly.

The court debate soon entered, and the two defendants were sitting in the courtroom at the same time.

But without the support of those two sets of evidence, the court debate that should have been relatively intense seemed a bit dull.

Lu Yunwen only symbolically questioned the trading behavior between Guo Tiansong and Cao Kunshan, and asked a few questions about their subjective criminal intent.

After all, we can't objectively determine the species of those parrots now, so we can only start from this aspect.

After listening to the court debate for a while, Zhang Yishuo was a little confused.

I don't speak normally because Cao Kunshan already recognized me and I didn't have much to say.

But why does the prosecutor seem not to be very interested?
In Zhang Yishuo's confusion, Ren Zhen began to express his defense opinions.

"First of all, it is not clear enough whether the city's zoo has the corresponding judicial appraisal qualifications and whether it has the corresponding qualified technical personnel to make the appraisal. If the public prosecutor cannot provide the corresponding proof, I think the appraisal made by the city's zoo should be it is invalid."

As soon as Ren Zhen started, Zhang Yishuo's eyes widened.

Don’t have appraisal qualifications?what's the situation?
And looking at this situation, it seems to be true?

“Secondly, the defender believes that the law enforcement agency’s behavior of submitting photos of the parrot involved in the case was not rigorous enough and did not comply with the corresponding judicial appraisal process.

And based on this, the so-called DNA molecular identification made by the J City Judicial Appraisal Agency is even more nonsense!

Although the agency has corresponding appraisal qualifications, this appraisal report is completely inconsistent with the facts and cannot be used as valid evidence in this case! "

Every word that Ren Zhen said hit Tan Junchang and Tan Junchang, but it was true that they did not do their job well. Now that they were slapped in the face, they could only sit here and listen.

"Finally, in this case, the law enforcement agencies' procedures for seizing the parrots involved and sending them for identification had major flaws, and the inspection materials were contaminated. The identification based on this should be invalid."

It is extremely rare that a defense appears in a trial that hardly involves the substantive issues of the case.

This is the importance of procedures!
After Ren Zhen's defense comments ended, Lu Yunwen sat for a long time, not thinking about how to refute.

"Prosecutor?"

Luo Xinyan reminded her several times before Lu Yunwen slowly stood up.

"I have nothing to say about the defense opinion."

Zhang Yishuo's eyes widened, we confessed, you have nothing to say.

If you don't plead guilty, you have nothing to say?

Wouldn’t that be a big loss for us?

Mu De, I originally thought it was a case with no suspense, but who knew there would be a twist!

If I had known that I would have communicated with another lawyer before the trial, maybe I could have been found not guilty?
Zhang Yishuo regretted that he didn't pester Ren Zhen to chat more.

"However, the prosecutor believes that the parrot involved in the case should still be re-identified before making a final judgment on the defendant's behavior."

Lu Yunwen suddenly raised his head and his tone was a little different.Ren Zhen narrowed his eyes.

“As mentioned by the defender, the contamination of the inspection materials does exist, but this cannot completely deny the effectiveness of these parrots as evidence.

Although we cannot guarantee that each of the eighteen parrots was seized from the defendant, according to the defendant's own confession and the photos taken at the seizure scene, some of the parrots have ankle rings.

All the anklets used in the parrot breeding place opened by Guo Tiansong cannot be restored after being disassembled. "

Guo Tiansong became nervous instantly.

Ren Zhen smiled indifferently, held his chin in his hands, and quietly watched Lu Yunwen's performance.

This prosecutor is quite astute.

"After I completed the identification at the zoo, I also went to the animal rescue station once and found that several parrots still wore anklets.

What we can be sure of is that these parrots with anklets came from Guo Tiansong's parrot breeding farm, and they must be the objects of the two defendants' transactions.

We only need to re-identify these parrots to determine their species. "

Lu Yunwen faced the trial seat and spoke faster and faster: "If the identification results show that these parrots do not belong to the precious and endangered wild animals under national key protection stipulated in our country's criminal law, then the defendant is not suspected of illegally selling precious and endangered wild animals. .

On the contrary, if it can be confirmed that it is a sunflower, a blue-faced badan, or other rare and endangered species, then the defendant will still be held criminally responsible for illegally selling rare and endangered wild animals. "

After Lu Yunwen finished speaking, several judges exchanged words in a low voice and nodded.

Although the procedural flaws mentioned by Ren Zhen exist, Lu Yunwen's assumption is also reasonable.

Procedural flaws weakened the evidence, but did not completely deny it.

If it can be partially corrected, then Guo Tiansong's responsibility will probably still not go away, but it will be much lighter than it is now.

"Defender, do you have any other defense opinions?"

Seeing the presiding judge asking this question, Ren Zhen knew that Lu Yunwen's suggestion had been listened to by the judges.

Guo Tiansong looked at Ren Zhen with his body trembling slightly.

Whether I go to jail or not, it all depends on you, Lawyer Ren!
"I will not respond to the prosecutor's assumptions or suggestions just now."

Ren Zhen answered, making Lu Yunwen sigh in relief.

Guo Tiansong's lawyer is much more powerful than expected.

Throughout the trial, every time Ren Zhen opened his mouth, it would bring him an accident.

This time Ren Zhen finally stopped fighting back, which showed that his performance just now was indeed perfect!

“Even if it can be proven that those parrots with anklets are sunflower parrots or blue-faced parrots, the defender believes that these parrots still cannot be classified as precious and endangered wild animals under national key protection under the criminal law! "

As soon as Ren Zhen said this, Lu Yunwen glanced at the trial seat in confusion, trying to get confirmation from the judge.

If Ren Zhen had said such words when the court had just begun, he might have thought that Ren Zhen was an amateur.

But it's clearly not possible now.

But he clearly stated the provisions of the criminal law backwards.

Then why did he say this?
Lu Yunwen found that the judges' reactions were similar to his own, and they obviously did not understand what Ren Zhen meant.

Seeing their reactions one by one, Ren Zhen sighed inwardly.

Why do you think that what the law stipulates must be right?

(End of this chapter)