Chapter 347 Defendants who went to battle in person(1/2)
Before Qin Mu arrived.
Li Weiguo tried to use "reason" to convince them and ask them to return the fish.
Of course they refused.
This attracted many passers-by to watch, and many passers-by also filmed videos of the time before the trial.
They specially found the onlookers and were about to arrive at these videos.
Just to prove
Li Weiguo was trying to release animals, not to change water at the release site.
As long as this can be proved.
These fish are homeless, and they do not need to bear criminal liability for the crime of embezzlement.
"Plaintiff, have you ever said the words in the video?"
After watching the video, Zhou Quanmin's gaze fell on Li Weiguo.
This evidence
It can be said that it is a turn of things, which can indirectly prove that Li Weiguo's behavior is to release animals.
The nature of the case
There will also be changes.
"I, I, I said these words."
Li Weiguo didn't dare to lie in court and said stutteringly: "But at that time I just said that just to make them return the fish."
actually.
Xiao Qin had already expected the other party's reaction.
On the motivation to release animals
It is definitely impossible to hide it.
All he needed to do was to characterize his behavior at that time as a water change.
As long as he bit this.
He doesn't have to worry about the follow-up matters.
"Dear Presiding Judge, dear jurors."
After Li Weiguo answered Zhou Quanmin's question, Qin Mu immediately stood up: "According to the Civil Law and the Property Law, there is a clear difference between lost property and abandoned property."
"Lost property refers to a property that is temporarily lost to possession not based on the will of the lost person. It can only be movable property. The acquisition is a factual act and it is not necessary to have the ability to act."
"An abandoned object refers to a property that is abandoned by man and voluntarily abandons ownership. It belongs to an unowned property and anyone can take a first-hand acquisition method."
"But the Civil Law specifically stipulates that when a thing is difficult to determine as a master or a lost object or a buried object, in order to protect the real right holder, it should be presumed to be lost object and buried object, and to protect the legitimate rights and interests of others."
Facing the evidence found by Qi Lianglei and others
Qin Mu was not panicked at all and continued to quote the classics.
The laws in the Civil Code were brought out to prove our own claim: "The core of this matter is whether the fish is abandoned. The judgment logic is too vague. In this case, the lost property should be handled as the lost property."
He just finished speaking.
Qi Lianglei and seven people in the dock
He blinked subconsciously.
They didn't understand Qin Mu's statement much.
but.
But they observed their expressions and saw Miao Hang's face becoming a little ugly. "Lawyer Miao Miao, is it useless to provide this evidence?"
Qi Lianglei swallowed and asked in a low voice. Miao Hang sighed.
Shake his head.
This evidence is.
If it is for ordinary lawyers, it will definitely be useful and may cause some trouble. But for Qin Mu.
Not useful at all.
Qin Mu solved the problem of "evidence of release of animals" listed by them.
indeed.
If there is too much dispute between abandoned and lost property, the Civil Law specifically stipulates that it should be tilted towards lost property.
Right now.
The object is judged as a lost property, not a discarded property!
"I didn't expect that Qin Mu was not only good at criminal law, but also so familiar with civil law."
He shook his head helplessly.
In the evidence and cross-examination process, there is basically no need to have any hope.
Evidence given by Qi Lianglei and the seven others
It's hard to achieve the desired effect
"That's how the first round ended?"
Qi Lianglei and Zhang Chunhua looked at each other, and were both a little unwilling.
Every part of the trial is crucial.
It directly affects the final judgment.
This is the first round
After a few rounds of confrontation between the two sides, they seemed to be defeated in full swing.
The most outrageous thing is
They don't know how they lost.
"Dong-"
at the same time.
Seeing that neither side had any new evidence list, Zhou Quanmin announced that the trial would go directly to the next stage.
"The cross-examination process ends here.
"Next, when we enter the free debate, both sides need to explain their respective opinions."
The words have not ended.
The melon-eating crowds on the audience all exclaimed an uproar.
"Good guy? It's only been less than ten minutes, and the cross-examination process is over?"
"Did you understand what Qin Mu said just now? It seems that abandonment and lost property are no longer important. The law determines it to be lost property?"
"I always feel something is wrong. Who does the ownership of the released fish belong to?"
"I remember seeing an outrageous case before, someone threw a watch into the trash can as garbage and was picked up by a homeless man, but in turn he sued the homeless man for theft. In the end, the court ruled that the watch was for the homeless man who picked up the garbage."
”.”
It's not just Qi Lianglei.
The melon-eating crowd on the audience did not understand the laws in the Civil Law and the Property Law that Qin Mu just explained. In their cognition.
Thrown things.
It is a abandoned object, and its ownership has long been no longer owned by the original owner.
how
When Qin Mu came to Qin Mu, the ownership of the released fish was reversed?
At the same time.
Nursing home.
The old people who did not go to the court gathered together and watched the live broadcast of the meeting.
Everyone
Also a little confused.
First, the other party came up with a "decisive" evidence, and they all thought they were going to lose.
result
Qin Mu resolved this wave of evidence in just a few ways.
The other lawyer was even more like a loss of his parents and lost all his fighting spirit.
To be continued...