Chapter 216: The Final Reversal

"Presiding Judge and People's Assessors: In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, we are appointed by the Jingang Municipal People's Procuratorate to represent this court and appear in court to support public interest litigation as public interest litigation prosecutors.

Defendant: Jingang Pharmaceutical and Chemical Co., Ltd., registration number: 4401080000XXXX, address: No. 01, Shitouling, Datan Village, Huanglong Town, Xijiang District, Jingang City, legal representative: Wang Yingying.

Litigation agent: Wang Yingying, male, 59 years old, chairman of Jingang Pharmaceutical and Chemical Co., Ltd.......

Claims:

1. Order the defendant Jingang Pharmaceutical and Chemical Co., Ltd. to stop continuing to infringe on the water source of Jingang City.

2. The judgment orders the defendant Jingang Pharmaceutical and Chemical Co., Ltd. to restore the function of the damaged water source within six months from the effective date of the judgment and meet the requirements of the "Regulations on the Protection of Drinking Water Sources".

3. The defendant Jingang Pharmaceutical and Chemical Co., Ltd. is ordered to compensate RMB 308.42 million for the loss of service functions during the period from the damage to the ecological environment to the restoration of the original state.

Facts & Reasons:

Jingang Pharmaceutical Chemical Co., Ltd. was incorporated on August 7, 2013, and the legal representative is Wang Yingying. On August 9, 2013, the company signed a land lease contract with the Shitouling Economic Cooperative in Datan Village, Huanglong Town, Xijiang District, Jingang City, to lease the Liontouling Mountain within the jurisdiction of the economic cooperative to invest in the construction of pharmaceutical and chemical workshops and other construction projects............

Since 2015, Jingang Pharmaceutical and Chemical Co., Ltd. has repeatedly built a sewage canal in Jintian Village without the approval of the environmental management department and under the leadership of Chairman Wang Yingying (prosecuted in a separate case) for profit-making purposes, and discharged the waste glyphosate waste liquid with dangerous characteristics into the national first-class water source protection area, resulting in direct property losses of more than 5.11 million yuan and indirect property losses of ......"

Zhang Ruiming's every sentence was engraved in Wang Yingying's heart, and after he finished reading, Wang Yingying broke out in a cold sweat, his face was gray, he sat in the defendant's dock and trembled, the public interest litigation of this case was basically set in the tone, and these hundreds of millions of fines were fined. The last of his life will be paid for cleanly!

When people go in, the enterprise is gone, and this life is completely ruined!

Wang Yingying's legs were weak, he almost couldn't sit steadily, the bailiff next to him helped him, and the eyes of the audience were focused on him at this time, a full 300 million yuan, I didn't expect this time to make such a big fuss, and such a fine also created a penalty record for environmental pollution cases in Jingang City.

And Liao Cai gritted his teeth, Zhang Ruiming's public interest litigation opinion just now was already the worst result, and now from all sides, this case is more than lucky. But although the general trend has gone, as a defense lawyer, she still has to do a good job in the next debate, at this time, the beautiful lawyer, sitting upright, symbolically hugged the long hair on her shoulders, and said softly:

"Dear Presiding Judge and Judge,

Jingang Dazheng Law Firm accepted the entrustment of the legal representative of the defendant Wang Yingying, and with the consent of the defendant himself, appointed Liao Cai, that is, myself, to serve as the defender of the first-instance trial of the defendant Wang Yingying's environmental pollution case. In accordance with the provisions of Article 30 of the "Criminal Procedure Law of the People's Republic of China" and Article 25 of the "Lawyers Law of the People's Republic of China", he appeared in court today to defend him. Before the trial, I checked the relevant case transferred by the Jingang Municipal People's Procuratorate to the Jingang Municipal People's Court

At the same time, he also met with the defendant Wang Yingying on several occasions, questioned him in detail, learned about the relevant circumstances of the case, and made necessary investigations. Today, I listened carefully to the court's investigation. As the defender of the defendant Wang Yingying, I put forward the following defense opinions on the conviction and sentencing of this case, and ask the court to seriously consider them.

Because Wang Yingying himself refused to admit that his actions were illegal, I have objections to the characterization of this case, and I have objections to the relevant evidence and sentencing circumstances of this case.

1. First of all, the procuratorate accused Wang Yingying of ......"

Liao Cai's defense was just halfway through, but the entire trial room sounded a murmur, and slowly the noise became louder and louder, and she finally couldn't say any more, and looked back, so everyone craned their necks and stared at the strange scene in the courtroom......

I saw a rickety figure in the courtyard standing up on its own.

Liao Cai looked at it, and it was the defendant Wang Yingying who suddenly stood up.

"Defendant, now is the time for your defender to present his defense, you don't need to speak yet, and you will have the opportunity to defend your final defense. ”

"Judge...... Ah, I don't want to defend ......"

"Huh?" Zuo Ning had a surprised expression on his face, all the previous case files did not see that this famous big boss in Jingang City had the intention of repenting, but how could he actually say that he wanted to ...... Plead guilty?

"I ...... I would like to forgive you for acknowledging the fact that the Jingsha River is polluted, especially for the people of Jingang City...... I'm also a Jingang baby, I'm sorry for everyone, I plead guilty and ......"

…………

As soon as the trial ended, Zhang Ruiming was surrounded by reporters and media in the auditorium, and he could only apologize repeatedly, and hurriedly left the crowded crowd with Zhang Liang and others.

When he sat in the car, his hands were still shaking, when the heavy car door was closed, he was lying on the steering wheel with his head resting on the back of his hands, tears were constantly rolling in his eyes, he could only hide the throbbing of his heart like this, his heart was like a burst of sourness, the bitterness in his throat was churning, and it was about to rush to his throat, and he pressed it down, and a voice kept echoing in his head.

It's over! It's over!

Although the final collegial panel still has to announce the verdict at a later date, with Wang Yingying's final confession, the prosecution has undoubtedly won a big victory in the final verdict of this case. Regardless of the specific amount and sentence of the final sentence, in a word......

Zhang Ruiming once again won a big victory in the public interest lawsuit!

How did he suppress his surging emotions at this time? In the past few months, he has lost too much, which can be described by the word "separation of his wife", he has experienced two times of being taken away, countless threats and temptations, how to force himself to get to this point, only he knows how much he has paid.

Fortunately, fortunately, the dawn of victory finally ushered in.

"Section Chief...... You...... This is, what are you crying about?"

Zhang Liang blinked his eyes wide at this time, puzzled by Zhang Ruiming's actions at this time: they all won, what else is there to be unhappy about?

"No, my eyes hurt when I went out, I guess I had a little infection, and my eyes were swollen and painful. ”

"Oooh......"

…………

On the return car, Zhang Liang said while cleaning up the messy case files: "You say strange, this Wang Yingying, we have been in contact for so long, last time we were still the same unstoppable attitude, the opening was to make a not-guilty defense, why did you suddenly confess your guilt now, it's really weird, why did you suddenly reverse so completely?"

Zhang Ruiming drove and looked at the road ahead, not in the mood to pay attention to her, but Xie Qisheng next to him said: "It is not uncommon for the first instance to fight for innocence and suddenly admit guilt in the second instance, and many parties to the case are like this, after all, they couldn't see the situation clearly in the first trial, thinking that they could give it a go, but when they saw that the situation was not right, there were a lot of people who immediately reversed, which is normal." ”

"Oh, that's it, but I still think it's a little strange, can he be lenient when he pleads guilty at this time?"

"Let's look at the court, there is another point, I think he will suddenly admit his guilt, our last crime raid made a great contribution, after all, the crime of [the crime of releasing dangerous substances] brought him a lot of pressure, he was suddenly caught off guard by us, coupled with such a public opinion atmosphere outside, his psychological pressure is also conceivable, and it is not surprising that he suddenly collapsed at the last moment. ”

"That's right...... Hey, I thought there would be a key debate in the end, but I also prepared a lot of information about the competition and cooperation between the crime of "releasing dangerous substances" and "the crime of polluting the environment", and I also wanted to see how the master of the famous Taisho firm on the other side would pick our thorns, and I thought that it would be so easy to win in the end......

After Zhang Liang finished speaking, he spread his hands and made a helpless grimace.

"Heh, do you think that in the end, you will really be sentenced to [the crime of releasing dangerous substances]?" Zhang Ruiming, who had not spoken all this time, suddenly interjected.

"Uh...... Why, are there any variables?"

"Of course, the opposing lawyer and Wang Yingying must have done their homework, and this case should still be judged according to the [crime of polluting the environment] in the end. ”

"Why!, because of his final confession?"

"Because of this, not because of this ......"

"What, just a few of us, what you are talking about is so foggy!" Zhang Liang took the doll hanging on his mobile phone and tapped it lightly on Zhang Ruiming, who was driving.

"Well, I mean...... I don't know how to say it, so you first turn on your mobile phone and see what kind of meeting is going on in Beijing now, and then what spirit you have to learn. ”

"What, why did you go to Beijing......" Zhang Liang hummed and chirped, while opening his mobile phone to search, and the first news that caught his eye was "Intensive * Taiwan-related policies, the central government unswervingly supports the development of the private economy"

She flipped through a few pages, and the entire search engine was full of private economic news with titles such as "Support the Private Sector! Set the Tone for the 2019 Central Economic Work Conference on China's Economic Development" and "Seize the "Bull's Nose" of Private Economic Development".

"What's going on, it's all ...... in this regard"

"You go to our provincial website and see what the first study document is at the top. ”

"The Provincial Procuratorate issued 16 measures to serve and ensure the development of the private economy......?

"Got it?"

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