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

Chapter 166 Selling birds and selling people

No social harm?
This was the first time Lu Yunwen heard about the cover letter from Ren Zhen. He knew that it was impossible for Ren Zhen to lie about this kind of thing and make up something that didn't exist.

That makes sense?
Luo Xinyan and Nan Shuying obviously knew about the existence of this cover letter, and nodded slightly in agreement.

Ren Zhen's words are actually tricky. Even the cover letter issued by the Supreme People's Court Research Office has essentially no legal effect.

Ren Zhen is definitely not the only lawyer who knows about the existence of this cover letter. If the content of the cover letter can become the basis for judgment, then there will definitely be lawyers who use it to defend innocence.

Unfortunately, after reviewing all relevant cases in recent years, Ren Zhen could not find any precedent.

So the most likely thing is that no one thinks that the cover letter can be a weapon against judicial interpretation.

But just because there is no precedent, it does not mean that Ren Zhen cannot be used in court.

Although such cover letters have no legal effect, Ren Zhen knows very well that such documents represent the opinions of a group of people in this country who are at the forefront of various legal fields on certain legal issues. Latest Thoughts.

It may not be mature enough, and it may not have a formal document yet, but it represents a direction.

It represents the latest thinking direction of judges as a group on relevant legal issues.

Especially for relatively special cases like wild animals, judges who specialize in such cases often have more to think about.

The content of the cover letter will affect the judge's thinking to a certain extent.

"So, returning to this case, although the parrots involved in the case fall within the scope of endangered wild animals in the 2000 judicial interpretation, their current numbers in our country are extremely large, and can even be said to be in the millions or tens of millions.

The sales price is also relatively cheap, and according to the relevant provisions of the Wildlife Protection Law, even these two wild species of parrots are only listed as least endangered and near endangered respectively. "

Seeing that the presiding judge seemed to be thinking, Ren Zhen gained more confidence and gradually spoke faster:
"In other words, these two species are already Least Threatened and Near Threatened in the wild. So for the artificially bred part, the number is larger, and for the wild population, there is no No dependencies whatsoever.

At this time, we have to force them into the field of criminal law for protection just because of a judicial interpretation. Isn’t it a bit far-fetched?
There is a huge contradiction between legal provisions and judicial practice, so the defender hopes that the collegial panel can take this situation into consideration. "

Hearing this, Luo Xinyan couldn't help but roll her eyes.

Far-fetched?

Why does such a huge judicial interpretation change its taste when it comes to your mouth?
Of course I know that there is a contradiction between legal provisions and judicial practice, but can this contradiction be resolved by thinking about it?

But she didn't have any objection to Ren Zhen's point of view.

Originally, this was an issue that she had been thinking about for many years, and she had also written some articles to express her views.

But the law is the law, and as long as this judicial interpretation is not modified, it must still be applied.

But this lawyer has already proposed it. Should he give it some due consideration, or else give Guo Tiansong a lighter sentence?
Luo Xinyan thought so.

"Has the defender finished speaking?"

At this point, it’s basically over, right?
Luo Xinyan already felt mentally exhausted after thinking too much in court today.

"Not yet, presiding judge." Not yet?
Luo Xinyan rubbed her temples, feeling helpless: "Then continue and be concise."

It’s already very concise, okay?
Ren Zhen muttered in his heart and turned to the prosecutor's seat.

Lu Yunwen's heart thumped.

What do you see me doing?
If you have any objections to judicial interpretations, speak to the presiding judge. Don't look at me, I don't want to listen to you!

"Based on what I just said, combined with the sentencing recommendation of four years' imprisonment for Guo Tiansong given by the public prosecution, it can be seen how unreasonable our country's current regulations on the illegal trade of precious and endangered wild animals are. !”

Four years?

Luo Xinyan and others then remembered that the sentencing recommendation given by the Public Prosecution Court seemed to be four years old.

However, there are so many problems with the previous evidence. Even if Lu Yunwen's application for re-identification is implemented, the number of parrots that can be identified in the end is estimated to be a dozen less, and there will definitely not be so many parrots in the end.

"I believe that the public prosecution agency combined legal provisions and past experience to finally give such a sentencing recommendation, which they think is very reasonable."

Ren Zhen's sincere tone made Lu Yunwen's mouth twitch.

What do we think is very reasonable?

If you think it's unreasonable, just say it. Don't be so weird, okay?

“But precisely because this seems reasonable in law, it further illustrates how lagging behind our current regulations in this area are!

According to Article 341 of my country’s Criminal Law, anyone who illegally sells rare wild animals under special state protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. The public prosecution agency may still consider that the defendant Guo Tiansong has surrendered, so it has restrained its sentencing recommendations. . "

Guo Tiansong listened with tears streaming down his face. So this is why Lawyer Ren asked me to surrender?
Do I have to thank the prosecutor? Thank you for giving me one year off!

The judges on the bench were thoughtful. After talking about the legal provisions themselves, do they have to focus on sentencing?
“There is a crime in our country’s criminal law, which I think all judges should know, and it is called the crime of abducting women and children.

For such a crime, the penalty is only five years.

So if I sell a few birds or I sell a few people, the criminal penalties I receive are not much different. Is this reasonable? "

Luo Xinyan was completely stunned by Ren Zhen's example.

I thought that this lawyer would make an issue out of sentencing, but I didn’t expect that he would start from this perspective.

This was something she hadn't considered before.

However, if you think about it, if the quantity of illegally selling precious and endangered wild animals is large and the circumstances are serious, the legal penalty will be upgraded at this time, and it may even be sentenced to more than ten years.

However, when women and children are abducted, the number of people abducted is less than three, and the circumstances are not even considered serious.

Even if the circumstances are particularly serious, it seems to be more than ten years?
If you think about it this way, this statutory penalty related to wild animals seems to be too severe?
Selling a few birds may even result in a heavier sentence than selling a few people. Isn't this encouraging everyone?
(End of this chapter)