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

Chapter 167: In order to protect wild animals, there is no sentence!

Realizing that her thoughts were a bit dangerous, Luo Xinyan quickly stopped thinking.

Knowing that the example he gave was a bit extreme, Ren Zhen did not elaborate too much, as long as the judges were alert.

In fact, from a lawyer's point of view, what he wants to say in court is useful, but it may not be heard in the ears of the judge.

Therefore, in some places, it is emphasized that appropriate methods should be used to make the judges truly hear what is in their hearts, so as not to let the results of their work go to waste.

“With the economic and social development in recent years, many wild animal breedings have achieved breakthroughs, and some rare and endangered wild animals have formed stable artificially bred populations that are completely independent of wild resources.

Therefore, in criminal prosecution, cases involving the breeding of wild animals by humans should not be treated the same as cases involving the natural growth and breeding of wild animals in the wild environment. "

Ren Zhen spoke at the slowest speed again, giving the scribe enough time to record.

These are things that the judge should focus on for reference. You have to write them down word for word. Don’t take chances.

“Furthermore, artificially bred populations of wild animals with mature and stable artificial breeding technology are managed according to the same standards as wild populations, and the exact same conviction and sentencing standards are applied. This is not conducive to economic and social development and wildlife protection, and is not in line with the public’s expectations. General cognition.

Therefore, I think that whether from the perspective of protecting wild animals or from the perspective of improving the relevant legal system, the parrots sold by the defendant Guo Tiansong in this case should not be regarded as precious and endangered items under national key protection under the criminal law. Wild animals should not be subject to criminal penalties! "

Luo Xinyan breathed a sigh of relief when she finally saw Ren Zhen sitting down.

ended.

It's so hard for this judge to do.

However, after Ren Zhen's defense opinions, she had to admit that Luo Xinyan had a completely new understanding of this case.

Especially in Ren Zhen's last few sentences, he deliberately emphasized the words "artificially bred wild animals", as if to tell the judge that since they are all artificially bred, can they still be wild animals?
However, Ren Zhen's defense also sent a compromise signal to the judge.

I admit that Guo Tiansong raised wild animals stipulated in the criminal law, but this is obviously different from the real wildlife protection cases. Just from the social harm just mentioned, if this can also be sentenced according to those cases, what exactly is it? Was the sentence harsh in this case, or were the sentences lenient in those cases?

For the sake of economic development, the protection of wild animals, and the improvement of the legal system, we cannot sentence you, Your Honor!
Luo Xinyan suddenly felt a little tricky.

Her original idea was that the sentence should still be based on the 2000 judicial interpretation, but considering that Guo Tiansong was not subjectively malignant and had almost no social harm, the sentence could indeed be light.

As for the sentencing recommendations from the Public Prosecution Court
What they suggest, I just don’t accept.

But that was the previous thought.

Ren Zhen's defense opinions are now very clear, and they, as judges, cannot completely ignore them.

In fact, Ren Zhen's thinking starts from the simplest understanding: can artificially bred animals be wild animals?
Although the law says it is, the law says that to protect animals that are about to become extinct.

Now this type of parrot is on the streets. Even if you want to exterminate it, it is difficult. Ask the law, is the law still willing to protect it?
Simply thinking from the perspective of judicial interpretation, there is absolutely no problem in convicting Guo Tiansong.

However, Ren Zhen pointed out the lag in judicial interpretation. If the judgment is taken as a matter of course, it will indeed be suspected of mechanical justice.

Moreover, combined with the example Ren Zhen gave just now, if the sentences of abducting women and children are similar to buying and selling parrots, Luo Xinyan would not be able to convince herself.

When she thought of this, Luo Xinyan was even more unsure.

In the past, when cases of wildlife protection were reviewed, most of them were based on the gradual increase in the number of some wild animals and the maturity of artificial breeding technology.Today, Ren Zhen used the statutory sentences for other crimes as a reference to provide her with another direction of thinking.

Even if you don’t take into account that the current situation of wildlife is very different from that when the legislation was passed, from the perspective of sentencing alone, the starting point of this statutory sentencing is too high!
So how to judge?
Luo Xinyan was entangled.

"Defendant Guo Tiansong, please make your final statement first."

After thinking for a short time, Luo Xinyan felt that this issue could not be explained clearly in a few sentences, and the trial had to continue first.

"Good afternoon, judges."

As soon as Guo Tiansong opened his mouth, several judges had misunderstandings.

Is he greeting us?
What's next?
coffee tea or me ?
"I really didn't know before that selling parrots requires a license. Otherwise, I really wouldn't do this illegal thing just for the money."

It is impossible to say that he is not nervous. Guo Tiansong stumbled:
“Who would have thought that even though the country allows me to raise them, it doesn’t allow me to sell them, right?

So from a normal perspective, wouldn’t I raise them just to sell them?
It's okay if I don't rely on this for a living, but if other people who raise parrots aren't allowed to sell them, what are they doing raising them?

Moreover, they have litter after litter. If I don’t deal with them in time, sooner or later there will be a day when I can’t let them go, right? "

If other parrot owners want to sell them, they will definitely apply for a business license. How can they be as arrogant as you?
Listening to Guo Tiansong banging a hammer in the east and a hammer in the west, Luo Xinyan had a headache: "Pick the key points."

"Good good."

Realizing that he had talked too much, Guo Tiansong quickly stopped: "But I also think that since I raised this parrot by myself, it shouldn't be considered a wild animal, right?

Moreover, parrots are everywhere now and are not precious. It would be unjust to go to jail because of this!
Judges, those of you who don’t engage in this practice may not know that I am not the only one raising parrots now. Just in our local city H, I know of a lot of parrots raised.”

"What you mean is that parrots are artificially raised and are not wild. Moreover, these two kinds of parrots have a large number and mature breeding techniques, so they are not rare or endangered, right?"

Luo Xinyan couldn't help but interrupt again. She didn't want to hear what Guo Tiansong gave her about the current status of the parrot industry.

"Yes Yes."

Guo Tiansong nodded repeatedly.

"Are there any others?"

"Gone."

Guo Tiansong shook his head honestly.

"Okay, the defendant Guo Tiansong's statement ends here. Next, the defendant Cao Kunshan will make the final statement."

Guo Tiansong sat back down and murmured in his heart: Why is this judge so powerful and doesn't even let him finish his sentence?
As everyone knows, compared to those judges who interrupt their speeches for no reason, Luo Xinyan is already doing very well.

She only interrupts you because she thinks what you are saying is nonsense, and she already respects your right to speak.

(End of this chapter)