Chapter 180: Trial Confrontation!
"Today's lawsuit, we have a great advantage, before they Jinyao Chemical on the grounds of "involving trade secrets", the request to be heard in public has been rejected by the court, even if their Dazheng lawyer firm is so powerful, the impact can not be eliminated. In the war of public opinion, we have the upper hand. It is said that "big cases look at the impact", the group of reporters outside just now, I see, most of them are "foreign aid" invited by Wang Yingying, and the questions asked are all traps, you must pay attention in the future, if you can not open your mouth, you will never open your mouth, as soon as you force you, you will say that you can only be interviewed with the consent of the leader, do you know?
Hearing the vigilance in Zhang Ruiming's words, Zhang Lianglian nodded. Seeing that this girl had memorized the lesson, Zhang Ruiming continued to comfort her in a gentle tone: "...... This time, we have grasped the key to victory, so we must wait for the next trial to be steady, and follow our strategy step by step......"
While the two were talking, the fourth courtroom had arrived, and Zhang Ruiming immediately shut up, puffed up his chest, and stepped in first. At this time, in the solemn courtroom, his junior sister Liao Cai was sitting on the defender's bench, looking at him coldly.
A big war is on the verge of breaking out.
…………
There were still a few minutes left in the courtroom, Zhang Ruiming and Xie Qisheng walked into the courtroom, and an elderly clerk had already sat down in his place to turn on the computer and debug the equipment. Xie Qisheng pulled out the chair with one hand and led the assistant to sit in the position of the public prosecutor, and Zhang Ruiming led Zhang Liang to sit in the position of the public interest litigant next to him.
And the defense lawyer Liao Cai also put on a straight face, sat on the defense bench with two assistants, and looked at the four prosecutors with cold eyebrows.
Zhang Ruiming deliberately glanced at the auditorium, this time Liao Cai and their defense failed to achieve the goal of "closed trial", but obviously did their work, at this time the trial is approaching, in the fourth criminal courtroom, there are not a few people seated, and even the people who come look like the staff of their Jinpharm Chemical Industry, as well as some media who are biased towards the defense.
What about the masses of the people? This is obviously a major case that has a bearing on the safety of water and the lives of tens of millions of people!
I don't know what tricks Liao Cai used to reduce the influence of this case, but Zhang Ruiming doesn't want to admit the fact that few ordinary people will come out in this matter that affects tens of millions of people, and more people are thinking about "Anyway, there is a government in charge" and "What can I do if I go to audit......"
Zhang Ruiming was still thinking about this strange sight, and he suddenly noticed the electronic clock hanging on the wall.
The time is about to move towards 9:30 a.m.,
The clerk just sorted out the template in the computer, glanced at both sides, saw that the number of people was almost complete, and looked at the watch again, as soon as the time was on time, he was not verbose, he ran to the judge's office behind the court, estimated that he got the judge's signal, and hurried back to the court, stood in his position in the middle, "swished" and stood up straight, adjusted his mood, and began to check the appearance of the parties and other litigation participants in accordance with the procedure.
"Defender?"
Liao Cai's crisp voice replied: "To"
"Taisho Law Firm's ......"
"What is your ID ......?"
"Yes!"
After the clerk checked the information with Liao Cai, he turned to the prosecution. When the clerk asked, "Is the prosecutor in court?", Zhang Ruiming once again heard these three words that were once very familiar and full of emotion in the courtroom. My heart was touched, and I was about to blurt out.
But he has long been transferred out of the Public Prosecution Section, and today's public prosecutor is no longer himself.
At this time, Xie Qisheng, who was next to him, replied without raising his head: "Here." ”
After the clerk finished asking the prosecutor, he hesitated, he looked back at the information in his hand again, thought about it, and still asked hesitantly: "This public interest lawsuit...... Have you arrived?"
Zhang Ruiming knew that this clerk was also the first time to come into contact with public interest litigation attached to criminal cases, and he was not very familiar with the term "public interest litigant", so he was afraid of shouting the wrong joke.
He hurriedly replied with a smile: "Public interest litigant Zhang Ruiming - here!"
…………
"After the check, please sit down with the prosecutor and the litigation participants in the court......"
After the clerk has checked and ascertained the presence of the parties and other participants in the proceedings, the parties are invited to the court in accordance with the procedure, although it is common for the parties to be seated for a long time.
Then, the clerk began to read aloud the discipline of the court, which no one paid attention to.
"All observers are requested to remain quiet, and now read out the rules of the court: 1. Observers must remain quiet, and must not applaud, make noise, make noise, or engage in other acts that obstruct trial activities......"
Zhang Ruiming has seen this scene countless times, but he doesn't feel anything today, his body relaxed a little, leaned back in the seat, and was ready for battle, at this time, on the opposite defender's seat, Liao Cai cast a provocative look, and the corners of her mouth pulled to the right, and it turned out to be a contemptuous look.
Zhang Ruiming didn't say anything, but returned a bright smile in the past, it's 2018, and he is still provoking the other party's mood swings in court and seeking flaws?
At this time, the clerk over there had almost finished reading out the court discipline: "...... Where courtroom discipline is violated, the court will give oral warnings or admonitions, and where the advice is not heeded, the chief judge may confiscate the audio, video, or photographic equipment, order them to leave the courtroom, or give them a fine or detention upon the approval of the court president. Those who seriously disrupt the order of the court, such as making noise or storming the courtroom, shall be investigated for criminal responsibility in accordance with the law......"
After reading the discipline, he immediately said aloud: "...... All members of the collegial panel are invited to enter the courtroom. ”
As the clerk's voice fell, the judge of the Municipal Intermediate Court led two jurors into the fourth courtroom, and the person in charge of today's trial was an old judge of the Criminal Court of the Jingang Intermediate People's Court - Zuo Ning, this is an old criminal law who is over 50 years old and looks quite experienced on the outside, Zhang Ruiming can't help but have a headache when he sees him.
When I was in the Public Prosecution Department before, I was most afraid of running into this old comrade, Zuo Ning is also an old soldier, quite tough, and his thinking is also quite old, Zhang Ruiming has suffered a lot in his hands, and he is also very uneasy to deal with this prosecutor who has many tricks and active ideas at that time.
Zhang Ruiming once damaged him after a certain trial, saying that he was a "living history of China's modern legal system" and embodied the "three views" from "one dozen and three antis" to the present, while Zuo Ning also ridiculed Zhang Ruiming, saying that he was the most slippery prosecutor and did not pay attention to the rules than some lawyers.
The relationship between the two is really not good. When Zhang Ruiming was the prosecutor, he fought with this old man Zuo more than once for the case, and it is estimated that this Zuo Ning also had a deep impression of Zhang Ruiming, after all, he was angry with Zhang Ruiming in court and broke two gavels.
So when Zuo Ning's eyes swept over, Zhang Ruiming looked a little embarrassed, and handed over a smiling face, Zuo Ning saw that the prosecutor he used to hate the most now appeared in his own case again, he was rarely polite, his face was like frost, and he sneered directly.
At this time, the clerk saw that the members of the collegial panel had arrived at their positions, and said in a loud voice: Please sit down!
Zuo Ning and the other members of the collegial panel sat down separately.
"Report to the presiding judge, the prosecutor and the participants in the proceedings have all arrived in court, the courtroom is ready, please instruct the court to open!"
Zuo Ning glanced at both sides, saw that the number of people was all there, and looked at the watch again, as soon as the time was on time, he was not verbose, "Bang!" The gavel slammed down, the gavel is generally not heavy, and the average judge will not use force, but this Judge Zuo seems to love the ritual sense of knocking the gavel, and this knock can be said to be deafening.
Zhang Ruiming saw Zuo Ning knocking on the gavel, and he thought of the interesting story of the judge with a tough personality who had broken two gavels, and the scene reappeared at this time, as if he remembered it vividly, his face was not tense for a while, showing a smile, just swept by Zuo Ning's sharp gaze, Zhang Ruiming quickly put away the expression on his face, which still caused the judge's disdainful cold eyes. Zhang Ruiming could only smile bitterly in his heart: It's not that the enemies don't meet, this time the case really fell into the hands of the judge who didn't want to meet the most.
Zuo Ning swept Zhang Ruiming with cold eyes, and when he returned to the trial procedure, he announced: "The Fourth Criminal Trial Division of the Intermediate People's Court of Jingang City, Nanzhou Province, today has an open trial on the case of defendants Wang Yingying, Li Hongyuan, Li Yongjian, and Chen Anhe, who have been prosecuted by the People's Procuratorate of Jingang City, Nanzhou Province, on charges of polluting the environment. Now for the trial!"
The gavel is sounding again! The pre-trial preparation stage has ended, and the trial stage has officially begun!
I don't know if it's because of Zhang Ruiming's weird smile before, this time Zuo Ning's gavel was obviously much lighter than just now.
"Mention the defendants Wang Yingying, Li Hongyuan, Li Yongjian, and Chen Anhe to appear in court!"
At this time, the eyes of the audience shifted to the entrance, and they saw Wang Yingying, Li Hongyuan, Li Yongjian, Chen An and the four of them being carried into the court by the majestic bailiff.
Wang Yingying has been released on bail before, and he has not been detained, this time the court session, his spirit is full of energy, and there is no difference between him and the rich man who was calling for wind and rain outside, and he is even more unruly in front of everyone at this time.
Behind him, Li Hongyuan, Chen Anhe, and Li Yongjian, who had never had the money to pay the deposit and had not hired a lawyer, seemed to have spent an "unforgettable" experience in the detention center.
The four of them walked to the defendant's chair fixed in the middle of the courtroom, and sat neatly under the command of the bailiff.
…………
The next step is to find out the information of the four defendants, ask about the time of receipt of a copy of the indictment from the Jingang City Procuratorate, and other routine criminal trial procedures. The difference is that it is also interspersed with the identification of the defendant in the public interest litigation attached to the criminal case and the time of the indictment of the civil public interest litigation attached to the criminal case, etc., and so on, the special feature of this case lies in this, after all, it is the first public interest litigation attached to the criminal case in Nanzhou Province.
"On April 22, 2018, the People's Procuratorate of Jingang City, Nanzhou Province, prosecuted the defendants Wang Yingying, Li Hongyuan, Li Yongjian, Chen Anhe, and four others charged with the crime of polluting the environment, and filed a public prosecution with this court on April 22, 2018 with the Nangang Procuratorate No. 4371 indictment, and after review, this court decided to accept the case on April 25, 2018. In accordance with the provisions of Section 1 of Chapter 2 of Part III of the Criminal Procedure Law of the People's Republic of China, this court heard the case in open court in accordance with the ordinary procedures for first-instance public prosecution cases. ”
As Zuo Ning finished reading out the opening speech and introducing the information of the three collegial panel members, he began to introduce the litigation participants of the parties according to the procedure: "...... The Jingang City People's Procuratorate appointed procurators Xie Qisheng and Ou Feng to appear in court to support the prosecution; at the same time, Zhang Ruiming and Zhang Liang were appointed to appear in court to support the public interest litigation attached to the criminal law; Dazheng Law Firm was entrusted by the defendant Wang Yingying, and Dazheng Law Firm lawyers Liao Cai and Dong Gang appeared in court to defend the defendant Wang Yingying. ”
Zhang Ruiming's ears were calloused when he listened to these procedures, but there was no way, the trial was like this, every reading of rights, every appearance of a name, marked the dignity of the law.
“…… The parties and their legally-designated representatives are now informed of the procedural rights they enjoy in accordance with law during court proceedings:
(1) They may apply for the recusal of collegial panel members, clerks, prosecutors, evaluators, and translators;
(2) Evidence may be submitted, applications may be made to notify new witnesses to appear in court, new evidence may be collected, and new appraisals or inquests or inspections may be conducted;
(3) The defendant may defend himself;
(4) The defendant may make a final statement at the end of the courtroom debate. ……”
After a lengthy process, the trial finally entered the substantive court investigation phase.
Presiding Judge Zuo Ning: "Now that the court investigation begins, first of all, please ask the public prosecutor to read out the indictment in court. ”
Xie Qisheng is the only "powerful" prosecutor seen in Zhang Ruiming's life, characterized by being thick and calm, and his basic skills are extremely solid. When he read out the indictment on behalf of the prosecutor, Zhang Ruiming never heard him say a single wrong word.
Xie Qisheng's consistent calm speech ensured that there were no mistakes in this link, and he explained in simple terms the most important key point of the "Jingsha River case", that is, the relationship between proving the harm and the result, in this case, is the causal relationship between the water pollution of the Jingsha River and the illegal discharge of sewage by Tianjin Pharmaceutical and Chemical Industry.
Xie Qisheng is well-known, and everyone knows that he is a rare kind-hearted person in the Jingang City Procuratorate, and he has never used insidious tricks in his more than ten years of career as a public prosecutor, nor has he ever stumbled or played a side ball. Even the lawyers who had dealt with him were full of praise for Xie Qisheng's character, calling him a decent man and gentleman in the city inspection.
This kind of litigation style determines that Xie Qisheng is suitable for handling some "iron cases", his style is too bright and straightforward, they are all decent, one-trick moves, it is easy for the other party to be prepared in advance, some skilled old lawyers can guess all his litigation strategies before the trial, set the strategy in advance, and then target them one by one during the trial.
But the trial will not always be an "iron case", especially today's Jingsha River pollution case with such a big case value and far-reaching impact.
Liao Cai is not an ordinary person, as a senior partner of Taizheng Law Firm, although she usually specializes in civil and commercial law and intellectual property litigation, since Wu Kaiming sent her in such a big case, she must be fully prepared.
Now, she has several hole cards in her hand, no, it should be said, she knows that the prosecution does not have a few hole cards in her hand.
The Jingsha River pollution case is a typical environmental pollution case, and the most critical evidence in this type of case is the inspection and appraisal report. At present, Liao Cai learned through the intelligence network that Zhang Ruiming and his prosecutor only have an inspection and identification report on the citrus grove hut in Jintian Village, an illegal sewage discharge point.
This report only confirms that the hut in Jintian Village has indeed had illegal discharge, but only proves that it is a midstream sewage discharge site.
As for the evidence of the upstream Tianjin Pharmaceutical Chemical, Zhang Ruiming and Chen Jie had solved it incomparably last time, and the joint search operation they led last time was the most dangerous moment for Wang Yingying, but it had been stopped by Pu Ren, and then, after Liao Cai led several people to search and destroy it in a carpet manner, Tianjin Pharmaceutical and Chemical Industry could not find a trace of evidence related to this case.
Liao Cai believes that the prosecution will not be able to produce all the physical evidence in the upstream, let alone the inspection report of the mother liquor of Tianjin Pharmaceutical and Chemical Industry.
You don't even know the composition of pollutants, how do you compare them in the Jingsha River!?
As for the pollution of the Jingsha River downstream, the purpose of this work is to extract the water of the Jingsha River and conduct testing, in order to confirm the damage results in this case and to confirm whether there is glyphosate in the water.
The Jingsha River stretches for more than 100 kilometers, no matter how powerful Liao Cai is, it is impossible to cover the entire river, sampling is easy for the prosecution, and even Liao Cai knows that Zhang Ruiming has already started.
But the most reassuring thing in her heart is this report, before Zhang Ruiming and others went to Jingang City Water Company to check the water quality, Liao Cai she has long mastered, for this inspection and appraisal report on the current Jingsha River water quality, she is not worried at all, she knows even earlier than Zhang Ruiming: This inspection and appraisal report has already come out.
But this report will never reach Zhang Ruiming and his prosecutors.
Because the impact of this report is so great, once it is released, it will confirm the fact that the Jingsha River is seriously polluted. In an international city with a population of tens of millions, if the water quality cannot be drunk normally, what a big storm will it cause! Therefore, Liao Cai is sure that the prosecutor will not be able to get this report, after all, how many people are involved in the future development of this place, even if there is a real problem, it can only be dealt with internally, quickly managed, and appeased externally, and there can only be no problem if there is a problem.
What's more, except for the last time I don't know who was behind the scenes, I didn't know who was behind the scenes, and I pushed Jingang Satellite TV to broadcast a piece of news, and the official has not confirmed any rumors about the pollution of the Jingsha River. Especially recently, there has been a clear downward trend in the number of reports and searches about this case.
Thinking of this, Liao Cai couldn't help but praise his "clever tricks" for covering up the heat of this incident, which played a miraculous effect.