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

Chapter 165 is neither precious, nor endangered, nor wild
As if to make sure he heard correctly, Lu Yunwen flipped through it twice and found a few pieces of paper.

This is his habit in court, and he will print out all the laws and regulations that may be used in advance to help him clarify his thoughts.

The judicial interpretation issued by the Supreme Court in 2000 on the trial of criminal cases that damage wildlife resources is correct.

Article [-] stipulates that "rare and endangered wild animals" in the criminal law include both national first- and second-level protected wild animals included in the list of national key protected wild animals, as well as wild animals appended to the Convention on International Trade in Endangered Wild Animals. animal.

Could it be that Lawyer Ren felt that he was sure of victory, got carried away for a moment, and made a stupid mistake?
Lu Yunwen thinks this possibility is unlikely.

"I know the judge may have questions about this point, so please allow me to elaborate."

Ren Zhen knew that those few sentences just now were obviously in conflict with the judges' understanding and relevant legal provisions, so he added another sentence immediately afterwards.

Luo Xinyan, who was about to interrupt him, was slightly startled when she heard what he said.

When the lawyer said something that was obviously wrong, the judge could interrupt at any time, but she didn't expect Ren Zhen to say such a sentence directly, leaving her confused for a moment whether to interrupt or let Ren Zhen continue.

Considering that Ren Zhen had indeed done nothing out of the ordinary from the beginning of the trial to the present, and his opinions were reasonable and valid, Luo Xinyan let him continue.

"According to the accusations made by the public prosecution, the two defendants in this case are suspected of illegally trading precious and endangered wild animals. Let us put aside the many procedural flaws in the past for the time being. Even if the eighteen parrots were all sunflower parrots and bluebirds, Yanbadan Parrot, do those two defendants really deserve to be punished for this?”

Tan Junchang and Peng Junyang were sitting on pins and needles.

When you express your defense opinions, express them properly. Can you not mention procedural flaws every time?How unpleasant this sounds!
Lu Yunwen and the judges of the collegial panel had serious expressions on their faces, as if they had guessed at Ren Zhen's intentions.

"Rare and endangered wild animals, eight characters are very short, but if you want to become such an animal, the conditions are very harsh."

Ren Zhen's palms were slightly sweaty. His current defense opinions, no matter which world he put them in, were in direct conflict with the law, so he was actually not very sure how much the judge would listen to them.

"On the other hand, the two parrots involved in this case, Sunflower and Blue-faced Badan, are species that have been domesticated and bred in large numbers in our country.
These two parrots already have fully mature and large-scale breeding models. They are neither precious nor endangered, nor are they wild!

Of course, I know that when the Public Prosecution Agency charged Guo Tiansong and Guo Tiansong this time, the basis and legal logic of the accusation were exactly the judicial interpretation related to wildlife resources issued by the Supreme Court in 2000. "

Lu Yunwen nodded subconsciously, do you know this judicial explanation?

Do you know how to say such a thing?

Are you really an amateur?

“But today, when a large number of these two species of parrots are domesticated and bred artificially, are they really still precious and endangered wild animals?
Should they still belong to the group of wild animals protected in this judicial interpretation?

I think as someone who often deals with the law, we should indeed abide by the law, act in accordance with the law, and handle cases in accordance with the law.

But when the current judicial situation obviously deviates from or even conflicts with the original intention of the legislation, do we really still have to completely follow a judicial interpretation from more than ten years ago to interpret today's cases? "

Ren Zhen spoke very slowly. The above few sentences, when put in court, could almost be described as treason.However, he believes that as judges who often deal with such cases, Luo Xinyan and others will never be dissatisfied simply because of these remarks.

Because they have the most contacts, they are also the people who know the most about the judicial status of such cases.

Ren Zhen doesn't believe it. Have they really never had similar doubts?
Sure enough, during Ren Zhen's brief pause, Luo Xinyan hesitated for a few seconds, with an expression on her face that was obviously thoughtful.

“I think that for such animals that have been artificially bred in large quantities, whether they should still be included in the protection scope of the criminal law is the most important focus of this type of case.

The most worthy of discussion in this case is that these two kinds of parrots, domesticated and wild, are still the same species?

If they are still a species, then they are obviously not endangered. Although we say that the words used in legal regulations are different from the meanings in daily life, I think the most basic meaning of the word endangered is that the number is very small. It is close to extinction, so it needs to be protected by criminal law.

However, considering the current scale of these two parrots in our country, they cannot be considered endangered in any case. "

Luo Xinyan and Judge Nan Shuying next to her had gathered together and whispered something.

The two of them are involved in almost all criminal cases related to wildlife in the court. Even if they are not part of the collegial panel, other judges will come to discuss with them when such cases are assigned.

The two of them can be said to be the experts in wildlife cases in this hospital.

It is precisely because of this that they feel the most deeply about Ren Zhen's speech now.

Sometimes when discussing privately, they also wonder, can animals like this, which are gradually increasing in number and have been artificially bred in batches in many places, really still considered endangered wild animals?

In fact, they are not really concerned about the boundaries or interpretation of this word.

But as more and more people breed such animals, many breeders are suddenly sent to criminal courts.

Is such a judicial interpretation really applicable now?
The answer for Luo Xinyan and Nan Shuying is actually no.

But it doesn't matter what they say. They think in private and discuss in private. When sitting on the trial bench, they still have to make a judgment in accordance with the law.

Today, a lawyer finally proposed an idea similar to theirs in court for the first time, and it resonated with them immediately.

But resonance can only be resonance. Under the premise of clear legal provisions as a guide, even if they agree with the lawyer's point of view, they cannot make a judgment that goes against the legal provisions.

"Furthermore, two years ago, the Supreme People's Court's Research Office also issued a side letter, which clearly stated that for wild animals whose domestication and breeding technology has matured, their species have been cultivated on a large scale, and their numbers have greatly increased, There is no actual social harm to wildlife.

So from the most basic point of view, the legal interests protected by the criminal law are no longer harmful to society. Can such behavior still be a crime? "

(End of this chapter)