Chapter 162 Judgment under the statutory penalty!(1/4)
…
Zizhou.
A certain high-end community.
Qing Lan was also watching the entire live broadcast of the trial.
Ever since she discovered a suspected Qin Mu account on the Law Study Alliance forum, she has been paying attention to the recent lawsuits in Jincheng.
As expected.
She discovered this "big case" that was so outrageous that she was sentenced to 12 years.
It’s exactly the same question that Qin Mu posted on the forum using his trumpet account!
An ordinary man was prosecuted for selling three parrots and requested to be sentenced to twelve years in prison!
"It's not Qin Mu's defense?"
After the trial began, Qinglan glanced at the court scene.
Discover……
Qin Mu actually sat in the auditorium with the group of elderly people in the nursing home.
He was not directly involved in the defense of this trial.
"Wang Dachui... I think I heard from up that he is the legal consultant of the nursing home..."
Qinglan blinked.
The few people Qin Mu sent in before seemed to have been helped by him.
Later.
The trial begins and the court discipline is read out.
The prosecutor stated the indictment, and the defendant firmly claimed to be innocent.
Next comes the cross-examination session.
What surprised her even more was...
This Wang Dachui's level seems not to be very good.
There was no outstanding performance throughout.
until……
The trial progressed to a free debate session.
At this moment, Wang Dachui raised his head, as if he had become a different person.
Seven defense grounds were laid out in one fell swoop.
In court, Kang's statement was directed at the prosecutor.
There were several objections about the current code that made the prosecutor speechless.
You can only talk about him with your left and right sides in mind.
"It's so powerful. This lawyer is so powerful..."
Qinglan swallowed, her face full of shock.
She originally thought it was bronze.
Who knew he would be a king!
Although she does not understand the lawyer's profession, she also knows that it is very difficult to protest against the public prosecutor.
These reasons put forward by Wang Dachui put the original situation into a disadvantageous situation...
Direct reversal!
For now, the situation should be balanced.
The prosecutor has always insisted that the evidence is sufficient and there are no problems in accordance with the requirements of the law.
Wang Dachui has been attacking various definitions and behaviors that constitute the criminal law.
For example, if the sentence is too harsh, it violates the principle of proportionality of crime and punishment in criminal law.
That is to say, the act of selling animals far exceeds the penalty for trafficking women and is very unreasonable.
There is also the Fiery's peony parrot, which has been artificially bred on a large scale and is not endangered. It cannot be simply regarded as an endangered wild protected animal.
The behavior is not socially harmful and has not caused irreparable damage to society, the ecological environment, etc...
"I don't know if I can win..."
Unknowingly.
Qing Lan clenched her fists and became nervous.
Twelve years is really too long!
This sentence is unacceptable to ordinary people.
Ruo Songyun specializes in raising parrots and sells them quite well.
But he is just an amateur.
Raised at home and never used for any commercial purpose.
Such a sentence would be too mechanical in judicial terms.
…
at the same time.
Jincheng Court.
Second Criminal Court.
The trial is still ongoing.
The prosecutor in the plaintiff's seat and Wang Dachui from the defendant were having a heated debate.
"I would like to ask the public prosecutor, you keep saying that you will enforce the law in accordance with the current law, but this current law..."
Wang Dachui held his head high and his chest high.
The simulated court scene that Qin Mu made for him a few days ago flashed through his mind, and he asked coldly: "After a sample survey, less than 20% of the people know it among the people."
"In other words, 80 percent of people don't know that except for the three types of parrots, other parrots are endangered wild protected animals."
"In terms of popularizing the law, it has not been universally popularized."
"This has also resulted in annual E. psittaci attacks, with jail terms ranging from six months to several years abound."
"If we use this kind of mechanical justice, is it suspected of being a phishing law enforcement?"
"Is there a suspicion that people will be afraid of harsh punishments and not dare to commit crimes again?"
"In my opinion, such behavior does not mean being diligent in enforcing the law, but being lazy in enforcing the law!"
"To protect endangered wildlife, you don't put any effort into publicity. Instead, you catch people who commit crimes unintentionally. Is this your law enforcement attitude?!"
Talking and talking.
Wang Dachui simply let himself go.
In court, he openly scolded and asked questions.
A series of questions came down...
The two prosecutors in the plaintiff's seat frowned, but for a moment they didn't know how to refute.
What the other party is targeting is not only this criminal law, but also their attitude towards law enforcement.
actually.
After this incident occurred, they also had detailed discussions internally.
There have been two schools of thought.
One party believes that eighteen parrots constitute a major illegal crime and must be punished.
The other party believes that Song Yun was not seeking profit, and there was no persecution, killing, or extermination of endangered wild protected animals. Instead, he rescued them and could choose to abandon prosecution.
final.
The prosecution side gained the upper hand.
They thought they were just participating in a simple court trial, but who knew the other party actually hired such a powerful lawyer!
During the free debate session, keep asking them questions.
"Also, I would like to ask the prosecutor, what is the social harm of our client's behavior? He has never killed an endangered wild animal, but only sold three because of the request of others."
"Regarding the Procuratorate and the Public Security Bureau's Procedural Law, it has been clarified in detail that crimes that are not harmful to society and crimes that are obviously minor will not be prosecuted."
"In my opinion, our client's behavior is completely non-socially harmful and the circumstances are obviously minor."
To be continued...