Therefore, it is obvious that the attitude of the above can be felt now, and for such a pollution scandal, it should also be to avoid the panic of the masses, and will not easily let such a water quality report appear in this open trial......

In other words, Zhang Ruiming and them, even if they wait for another ten years, this inspection and appraisal report on the water quality of Jingsha River will not reach their prosecutors.

In this case, the prosecutor can only hold a midstream inspection report on the sewage dump, and cannot reach the culprit - Tianjin Pharmaceutical Chemical. The specific water pollution situation cannot be disclosed, and the extent of the damage cannot be proved.

It can be said that it really can't reach the sky, it can't go down to the ground, and it has not formed a complete chain of evidence, and it does not have the "three natures" of evidence at all.

Therefore, the evidence in his hands is not threatening.

Regarding the above three inspection and appraisal reports, including various deductions and calculations of their conclusions, as well as their subsequent impact and expansion, Liao Cai analyzed the AI legal system of Taizheng Law Firm, and after the reasoning and reasoning of dozens of Taizheng Law Firm masters, she came to the conclusion that "there is no threat", so that she can ignore the inspection and appraisal of the most critical type of evidence in the environmental pollution case.

This is the first hole card in Liao Cai's hand, and it is also the hole card that Zhang Ruiming lacks, that is, there is no complete chain of evidence in the inspection and appraisal report.

And the second hole card, is in the hands of the prosecution, there is currently no physical evidence about Jin Pharmaceutical Chemical and Wang Yingying involved in this case, this is Liao Cai's most reassuring point, since the Taizheng firm took over, the entire Jin Pharmaceutical Chemical's property, workshop, assembly line has been turned upside down, the senior partner of the Taizheng Firm, led several auditors of Yongrui Puhua, from all angles to clear the financial books of Tianjin Pharmaceutical Chemical, and eliminated all hidden dangers.

Moreover, the original ledger that Zhang Ruiming got from his wife Tang Shi before can't be taken out anymore.

Thinking of this, Liao Cai couldn't help but show a smile at the moment of Xie Qisheng's statement.

And Xie Qisheng, who was reading the indictment in front of him, was such a righteous gentleman, forgive him and would not play any tricks, he was the best prosecutor to predict and target, and the troublesome Zhang Ruiming was only responsible for the public interest litigation attached to the criminal case, and had a limited impact on the trial process of the key criminal case.

This is Liao Cai's third hole card.

With three hole cards in hand, Liao Cai was able to deal with the trial calmly at this time, she was putting her hands on the table, leaning on the back of the bench relaxedly, listening to Xie Qisheng mechanically reading the indictment in front of her.

“…… Defendant Wang Yingying, male, 61 years old, Han nationality, Gao Chinese, from Jingang City, Nanzhou Province, ID number: XXX, chairman and president of Jingang Pharmaceutical and Chemical Co., Ltd., living at No. 1 Haoting, Nanfu ......"

This veteran prosecutor, although he is less than forty, his hair has long been gray, after listening to the beginning, Liao Cai put his mind at ease, the beginning of this indictment sounds nothing new, and it does not exceed the deference of the trial done by the Taizheng Law Firm before, sure enough, this famous "righteous gentleman" of the Jingang City Procuratorate is too disciplined, very predictable, and there will not be too many threats.

But Liao Cai soon realized that she was wrong, and the relaxed look on her face instantly faded, because she heard Xie Qisheng's indictment becoming more and more "wrong".

“…… In the case of the defendant Wang Yingying for the crime of distributing dangerous substances, the XX court decided to arrest him on April 10, 2018, and the Xijiang Branch of the Jingang Municipal Public Security Bureau executed the arrest on April 10. Now ......"

Wait a minute?

Liao Cai thought that she had misheard, and she quickly opened the copy of the indictment sent by the Jingang City Procuratorate before. She checked it a few times. The indictment clearly says "the crime of polluting the environment", why? The prosecutor is now indicting Wang Yingying for the crime of "releasing dangerous substances"?!

Liao Cai immediately reacted, this is a "crime raid!"

The so-called surprise attack refers to the sudden introduction of new facts and charges by the procuratorate during the trial of the defendant against a crime, which is also one of the common litigation tactics used by the prosecution.

Because of the current situation of China's legal environment, because of the existence of "imaginary joint offenders" and "legal competing offenders". In general, there may be more than one crime committed by a single defendant, and different conclusions may be drawn from different perspectives.

Therefore, during the trial, some experienced prosecutors may strategically use the method of surprise attack on the defendant to carry out surprise attacks. For example, in today's case, the crime of "releasing dangerous substances" and "polluting the environment" belong to imaginary joint crimes, and Wang Yingying is suspected of both the crimes of "releasing dangerous substances" and "polluting the environment", and the subjective aspects, objective aspects, and criminal subjects of these two crimes are different.

In terms of punishment, the crime of "releasing dangerous substances" is far heavier than the crime of "polluting the environment", and now the public prosecution has determined that Wang Yingying's act of secretly discharging sewage is the crime of releasing dangerous substances. This is the obvious "crime raid!"

Damn, Liao Cai did not consider the possibility of the prosecution using the crime of "releasing dangerous substances" before, but the indictment provided by the prosecution never mentioned this crime, so Liao Cai was paralyzed.

For today's trial, Liao Cai also prepared many mock confrontations, and consulted several lawyers who were familiar with Xie Qisheng's prosecution style and had fought with him several times, saying that Xie Qisheng had never adopted this kind of "crime raid" litigation method in his life, and he had always disdained this kind of "sidekick" routine.

How could it be a coincidence that it happened today!?

Liao Cai's heart moved, and she immediately understood who was making trouble! Her eyes swept fiercely to Xie Qisheng's side, and Zhang Ruiming, who was smiling at herself with a forbearant expression on her face.

It must be him! It must be this "senior brother" from the Taizheng Office, this Wu Kaiming's beloved apprentice, it must be Zhang Ruiming who is obstructing behind his back, explaining Xie Qisheng and asking him to adopt this "shameless" litigation tactic.

“…… This court finds that the defendants Wang Yingying, Li Yongjian, Chen Anhe, and Li Hongyuan, for the purpose of making profits, violated state regulations by dumping the corrosive, irritating, and toxic chemical glyphosate into the river, discharging toxic substances, endangering public safety, and causing particularly serious consequences of major property losses, and that the amount of illegal gains was huge, and that their conduct violated article 114 of the "Criminal Procedure Law of the People's Republic of China", that the facts of the crime were clear, and that the evidence was credible and sufficient, and that they should be investigated for criminal responsibility for the crime of releasing dangerous substances. In accordance with the provisions of article 141 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Sincerely

Jingang Intermediate People's Court......"

As soon as Xie Qisheng's voice fell, Liao Cai, who was present, no longer dared to despise this upright prosecutor, it was really "people can't look good", and it was really "black who is close to ink", thinking of this, Liao Cai stared at Zhang Ruiming next to Xie Qisheng.

Okay, Zhang Ruiming, you can! You have a good plan, I have a wall ladder!

“…… Is the indictment consistent with what the defendant received?"

With the presiding judge Zuo Ning's inquiry, Liao Cai couldn't hold back and hurriedly raised an objection.

"There is a huge difference between the indictment just read by the prosecution and the copy of the indictment we have received, especially with regard to the crime charged in it, which has been directly changed from the crime of polluting the environment to the crime of releasing dangerous substances! This act of the prosecution is a change of indictment, and I ask the trial court to report for a decision in accordance with the provisions of the "Rules of Criminal Procedure of the People's Procuratorate." Otherwise, it is a procedural violation!"

After Liao Cai finished speaking, she didn't forget to turn to the clerk who was sitting in the court to take notes.

"Please record what I said above, clerk!"

Zuo Ning, the presiding judge, also felt a headache about Liao Cai's tough attitude, he turned to Xie Qisheng and asked: "Does the prosecutor have anything to say about the objections raised by the defense?"

Regarding Liao Cai's response, Xie Qisheng and Zhang Ruiming had already discussed the coping strategy. At this time, he replied in a loud voice according to the plan he had deduced before.

“…… According to the "Interpretation of Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution" issued by the Supreme People's Court and the Supreme People's Court, the principle of handling competition and cooperation of environmental pollution crimes has been clarified. For example, if you engage in the business activities of collecting, storing, utilizing, or disposing of hazardous wastes without a business license, and seriously pollute the environment, you may commit the crime of polluting the environment and the crime of illegal business operation at the same time; In order to further increase the punishment of crimes related to environmental pollution, Articles 6 and 8 of the Interpretation clearly stipulate the principle of "punishment from the first felony", that is, if the crime of polluting the environment, the crime of illegal business operation, the crime of releasing dangerous substances and other related crimes are constituted at the same time, the conviction and punishment shall be in accordance with the provisions of the heavier punishment......"

Liao Cai shook her head as she listened, in her opinion, although the procuratorate has the right to choose such a flexible litigation strategy in the prosecution, the premise is that the procedure should be properly and properly conducted, and it cannot be unscrupulous or at any cost in order to pursue victory, which seriously infringes on the defense's right to defend and violates the principle of procedural fairness.

In thinking about this, she completely forgot about the always insidious and shady methods she employs in order to win the case.

“…… In conclusion, our prosecutor's prosecution of the crime of "releasing dangerous substances" is completely based on the "Interpretation" of the Supreme People's Court and the Supreme People's Court, and there is no so-called modification of the prosecution at all, nor is it a procedural violation!"

After Xie Qisheng finished speaking, the scene was silent, and Liao Cai was angry, but she had to abide by the order of the trial, no matter how dissatisfied she was, she could only wait for the decision of the presiding judge.

At this time, Zuo Ning, who was sitting on the trial seat, discussed with the people's assessors on both sides, he turned his head and announced loudly: "The trial court has synthesized the opinions of both sides, and after discussion, it is determined that the defense's objections are not established, and the trial continues!"

Hearing this, Zhang Ruiming shook his fist excitedly under the table, he hated to think that this time he finally gave Wang Yingying a small lesson, and the following is the main event!

Next, Zhang Ruiming, on behalf of the public interest litigant, read out the indictment of the criminal attached civil public interest lawsuit, read and debated in court, these work involving language for Zhang Ruiming, who has a calm and magnetic voice, has been a strong point since he was in college, I saw that his voice is clear, and he described the causes, development, and hazards of the Jingsha River pollution case from beginning to end to the court in detail.

Especially about the harmful results caused by today, the impact on the normal production and life of the people, Zhang Ruiming combined the interests of the relationship and the sewage network, said quite moving, when it came to Wang Yingying's Tianjin Pharmaceutical Chemical to seek tens of millions of benefits from it, this surprising number appeared, the eyes of the audience were attracted by him, and then, everyone found that they were surprised too early.

Immediately, Zhang Ruiming used the comparative method to announce the results of his investigation on the spot: the direct and indirect property losses caused by the behaviors of Wang Yingying, Li Hongyuan and others in Jinjin Pharmaceutical and Chemical Industry, plus the later treatment costs, are estimated to reach more than one billion yuan!

When the number of one billion, which can no longer be described as surprising, the audience can no longer remain silent, and even the news media in the auditorium who are biased towards the side of Tianjin Pharmaceutical and Chemical Industry are also affected by this number at this time, and they have whispered below.

Zhang Ruiming glanced at the audience in the auditorium, but unfortunately, Liao Cai and the others were manipulated today, if there were more Tianjin and Hong Kong citizens in the audience, and more neutral media, his generous statement just now would definitely set off a stormy wave, and slash at these bastards who ignore the public welfare and commit heinous crimes on the opposite side.

Presiding Judge Zuo Ning: "Did you hear clearly the public interest litigation indictment read out by the public interest litigation prosecutor just now?"

After questioning one by one, no one objected, and then the old judge: "The defendant will now state the facts of the violation alleged in the indictment." ”

Now that the indictment and the public interest litigation indictment have been read out, the next step is for the defendant to speak.

Chen Anhe, Li Yongjian, and even Li Hongyuan all pleaded guilty and served their sentences in court, and it seems that the previous "crime raid" by the public prosecution has had a miraculous effect, and now these three have been frightened by the tough attitude of the prosecution and have surrendered one after another to strive for leniency from the court.

And when it was Wang Yingying's turn, he knew that this hero of the world would not be easy to deal with, but Zhang Ruiming still felt that his throat was raised in his chest, and the whole person became nervous.

"I don't think I'm guilty......"

Wang Yingying stood up and said in court, sure enough, he still had to make a statement of innocence.

Although the slight trembling and forgetting of words in his tone still reflected the effect of the previous "crime raid", Wang Yingying Jiang was still old and spicy, and he quickly adjusted himself and the case cleanly, from the subjective aspect of complete ignorance, to the object aspect "There is no significant evidence to prove, causing serious harmful consequences", Wang Yingying stated with a lofty spirit and unrepentance. He is full of tricks, his logic is rigorous, and the usage of sentences is quite standardized, Zhang Ruiming felt for a moment that his old uncle, who had known him for many years, spoke in the same tone and sentences as his master Wu Kaiming.

"It's a good teaching, let him memorize it for a long time, junior sister. ”

Zhang Ruiming looked at the defender Liao Cai opposite, and sincerely admired her for doing her work so meticulously.

“…… Therefore, I think that I do not constitute any illegal ......", after Wang Yingying finished speaking, Zhang Ruiming felt a headache, he had already opened his posture and came to the statement of not being responsible, the prosecutor knew in his heart that Liao Cai must have blown the wind in Wang Yingying's ears, and it is expected that the prosecution has no key direct physical evidence in his hands, and he can't help Jin Pharmaceutical Chemical and Wang Yingying at all, so he is so tough and fights against the water, and directly makes a statement of innocence.

In this lawsuit, in the opinion of the defense Liao Cai, after several encounters in the preliminary investigation stage, the prosecution now has no complete chain of evidence to support, so it has the courage to make a not-guilty defense.

Wang Yingying's defense of innocence was expected by Zhang Ruiming, although he had a headache, he was not nervous. Because......

"Who says we don't have direct evidence?"

Zhang Ruiming thought of this, and the corners of his mouth involuntarily curved into a good-looking arc.

…………

The following procedures such as interrogation and questioning of the defendant were all expected by Zhang Ruiming, and there were no ups and downs, and it was immediately the key focus of induction and the presentation of evidence.

Since Wang Yingying has put forward a not-guilty defense, the focus of this trial is of course on whether Wang Yingying has violated the law and whether the illegal act is related to this case.

and his subjective aspect: Regarding the illegal discharge of glyphosate-containing mother liquor to Jingsha River, was Wang Yingying deliberate, indirectly intentional, or negligent and laissez-faire?

Finally, the focus was summarized, and finally the most important part of evidence presentation and cross-examination was reached.

At this time, Xie Qisheng first submitted evidence on behalf of the prosecution.

Somehow, now Liao Cai feels nervous when he sees this honest-looking and taciturn prosecutor who is "the most honest prosecutor in Jingang City Procuratorate".

This person is an unfathomable guy, and being "raided by his crimes" before is to suffer the loss of looking at people with old eyes, not to mention, there is also a Zhang Ruiming who is from the same school as his own teacher sitting next to him.

And a woman's intuition is always right.

Xie Qisheng shot again!

In this most critical part of the defendant's presentation of evidence, Xie Qisheng proposed to the collegial panel: "We have new and important evidence to submit to the collegial panel, this is an inspection and appraisal report on the limit of harmful substances in the mother liquor of Tianjin Pharmaceutical and Chemical Wastewater! In addition, we also have a video evidence of the process of loading glyphosate wastewater in and out of the Tianjin Pharmaceutical Chemical Industry in the tank truck driven by Li Yongjian!"

When did they get the mother liquor sample!?

Liao Cai's blood suddenly stopped flowing all over his body, and he felt like he was falling into an ice cave, this was a "surprise attack on evidence"! In the "poisonous runway" case before, Wu Kaiming had used this trick against Zhang Ruiming.

After more than a year, Zhang Ruiming "repays the other with his own way"!

It seems that this is their prosecutor's hole card, and they have not revealed that they have these two direct evidences, just for the "evidence raid" at this moment!

At this critical moment, Liao Cai's brain was running rapidly: although it was still uncertain about the authenticity of these two pieces of evidence, judging from the look of victory on Zhang Ruiming's face on the other side, all this was planned by him a long time ago!