Chapter 215: The Moment of Decisive Battle
What we are talking about now is the safety of drinking water for millions of people, and in the past year, the citizens of Tianjin and Hong Kong have unintentionally drunk tap water containing glyphosate every day! Millions of our flesh and blood compatriots in Tianjin and Hong Kong City! I would like to ask the defendant and the defense lawyer! An ordinary gardener in the United States has only "probably" suffered from glyphosate and has received nearly $300 million in compensation! So how much will the injuries suffered by millions of people in the past year be worth if compensation is made!?
Zhang Ruiming's extremely inflammatory words filled all the spectators and the people who watched the live broadcast of the trial with righteous indignation, and everyone's anger began to burn, and at this time, defense lawyer Liao Cai could only sob...... in a sobbing defense: "That can't be such a simple analogy, my country's national conditions are different
"Shameless! Every one of us here in Tianjin and Hong Kong drinks this glyphosate-containing water directly! Are you embarrassed to say this to the millions of Tianjin and Hong Kong citizens? Defense lawyer, where is your sense of justice as a lawyer? Where ......is your conscience as a Chinese citizen?"
Just when Zhang Ruiming was trying to arouse the common hatred of the masses, the presiding judge, Zuo Ning, knocked on the gavel heavily, and stopped Zhang Ruiming's increasingly passionate questioning.
"Public interest litigation prosecutor, please pay attention to your tone! This is the scene of the trial! If you don't respect the order of the trial, then you can only be asked to go out!"
Zhang Ruiming waved his hand lightly and apologized, although he had just been yelled at by the presiding judge, there was no trace of displeasure on his face, but a trace of unbearable pride.
In this offensive and defensive performance just now, Zhang Ruiming has successfully focused the attention of the masses on similar foreign cases. He didn't have to look back to hear the louder and louder discussions and sighs in the auditorium behind him.
A gardener in the United States lost 1.98 billion yuan! How much should the millions of victims in Tianjin and Hong Kong lose!?
As long as you use a simple comparison method, this direct difference will greatly touch the sensitive nerve in the Chinese people's brains.
Why don't you have the same fate!?
Zhang Ruiming knew that under his guidance just now, the powder keg had been detonated, and Zhang Shengjie should be shaking his head at the screen at this time.
However, it is the duty of the public prosecutor to pursue fairness and justice and win the trial.
Although he did not come up with the key test opinion on the results of the harm, after these remarks, the balance of victory has become more and more visible in favor of the prosecution.
But this is indeed the case, Zhang Ruiming himself sometimes asks himself: Why does the same glyphosate case have to pay nearly 2 billion abroad, and when it comes to Tianjin and Hong Kong, it is so difficult to even launch a small public interest lawsuit, is it not the life of the people in my country?
And Liao Cai was gritting his teeth, and was deviated by the prosecutor on the other side, and if he wanted to refute the opinion of the expert assistant later, he couldn't set off any sparks.
The next cross-examination process became more and more smooth, and after the "momentum" of the prosecution became up, Liao Cai could no longer organize effective resistance in the cross-examination, and all the attention on the scene was focused on the exaggerated and exciting figures.
Everyone was busy making their own little calculations in their hearts: The American company had lost 1.98 billion yuan! If it had been shared with themselves, even if the millions of citizens of Tianjin and Hong Kong had divided it evenly, each of them would have been able to get a few thousand yuan.
Therefore, no one listens to the words of the expert assistant Miao Han, and even when he will leave the scene, no one pays attention to it.
Liao Cai wanted to attack the detailed data that the prosecution was not harmful, but the prosecution actually relied on such an expert assistant to "get away with it", and the beautiful lawyer kept regretting it in her heart, and the flaw that she had finally caught slipped away.
The procedure continued to go down, Zuo Ning looked at the defendant's seat, "Okay, thank you expert assistant, the evidence submitted by both sides to the collegial panel has been cross-examined, then, next, may I ask the defendants Wang Yingying, Li Hongyuan, Li Yongjian, Chen Anhe, do you apply for new witnesses to appear in court, collect new physical evidence, and apply for re-appraisal or inquest?"
Li Hongyuan, Li Yongjian, Chen Anhe, and the previous work have been completely done by the prosecutor, and all three of them came with the attitude of admitting guilt and seeking leniency, and of course they answered "no" together at this time.
And the only possibility of change is Wang Yingying, the CEO of Tianjin Pharmaceutical Chemical, who insisted on defending his innocence before.
Zhang Ruiming stared at the familiar shopping mall hero, but only saw Wang Yingying shaking his head numbly.
"What is your attitude towards the defendant? Do you refuse to bring new evidence and apply for a new evaluation? Please note that what you have done before is a not guilty plea. ”
"I don't apply. ”
Wang Yingying's voice was full of deep exhaustion, Zhang Ruiming's heart was relieved, and then he got up again.
Wasn't he still in high spirits before, insisting that "I don't think I'm guilty...... Why does it look like it has no intention of parrying it now...... Could there be some other killer feature hidden?
"Good...... Then may I ask the defender, do you apply for new witnesses to appear in court, collect new physical evidence, and apply for a new appraisal or inquest?"
The beautiful lawyer Liao Cai looked at the trial table, her lips trembled slightly, as if she wanted to say something, but she still held back, and said with a hint of helplessness in her eyes: "The defender doesn't apply either." ”
Zuo Ning nodded and said, "Okay, let's enter the courtroom debate." The public prosecutor is to issue the prosecution's opinions, and the defense lawyer should carefully listen to the prosecution's opinions, record the main points, and prepare for debate. ”
He is an old-school judge, and the more nervous the case, the more standard "lines" on the old procedural general principles are said, just now he didn't notice that there is still a criminal attached civil public interest lawsuit, and the procedure has some minor flaws. But Zhang Ruiming didn't have time to think about this, because it was about to be the key finale - the court debate.
In the trial of criminal cases, adjudicators often do not summarize the key issues in the dispute, unlike civil cases. Because criminal cases are different from civil cases, the defendant is also required to reply, and only the prosecution and defense are needed to summarize the focus and disagreement. Moreover, in criminal cases, the defense lawyer's speech is mainly in the debate stage, which can also be said to be the last battlefield of the defense lawyer, and it is also the decisive moment. Coupled with today's major case of national concern, this link is absolutely crucial and will directly affect the direction of the next trial.
Several people in the public prosecution table involuntarily became nervous.
At this time, the prosecutor first read out the prosecution opinion, and saw Xie Qisheng, an old qualified prosecutor, straighten his collar, raise his head, and say with a straight look:
"Presiding Judge and People's Assessors:
In accordance with Article 15 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 act as a state prosecutor to attend the court to support the prosecution and exercise legal supervision over the criminal proceedings in accordance with the law. The following opinions are hereby expressed on the evidence and circumstances of this case, and the court is requested to pay attention to them.
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 ......"
Hearing the previous public prosecution opinions, Liao Cai was still very calm, she found it difficult to find any problems from the public prosecution opinions written by Xie Qisheng, a calm and abnormal prosecutor, she still listened patiently, writing and drawing on paper with her hands, summarizing the prosecutor's opinions, and seeking loopholes.
“…… 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. Appear......
…… 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, releasing toxic substances, endangering public safety, and causing particularly serious consequences of major property losses, and the amount of illegal gains was huge, and their conduct violated article 114 of the Criminal Procedure Law of the People's Republic of China, the facts of the crime were clear, and the evidence was credible and sufficient. The facts of Chen Anhe's and Li Hongyuan's crimes are clear, the evidence is credible and sufficient, and the defendants shall be found guilty in accordance with law, and Li Yongjian, Chen Anhe, and Li Hongyuan should be given a lighter punishment, and Wang Yingying should be given a heavier punishment. ”
Sure enough, the prosecution still wanted to convict him of the crime of distributing dangerous substances. Liao Cai broke out in a cold sweat on the top of his head, "Zhang Ruiming, you are too ruthless, do you insist on driving your Uncle Wang into a dead end?"
When Wang Yingying heard this, his head was buried deeply, as if he had already been sentenced, his expression was awkward, and he knew that the crime of releasing dangerous substances was a far more serious punishment than the crime of polluting the environment. If you really follow this sentence, you will basically be here for the rest of your life!
But Wang Yingying still didn't say anything, since he entered the court today, he looked quite depressed, completely different from the previous high-spirited, Wang Yingying has never been as defeated before a fight in this life, all this even many old friends in the audience are puzzled.
How did it become like this? The old king in the past was a ruthless character who "dared to change the sun and the moon into a new sky", how could he be so silent as he is today?
Wang Yingying himself knows why, because not long ago, he had already learned his "ending".
…………
Next is the public interest litigation prosecutor to speak, because today is the first public interest litigation in Nanzhou Province, many links are carried out for the first time, Zuo Ning is also a little nervous, after repeatedly checking the procedural regulations, he turned his eyes to the public prosecution seat.
"Uh...... There were a bit flaws in the previous reading procedure, but in this case, the public interest litigation prosecutor first read out the indictment for the public interest litigation attached to the criminal law, and the defense lawyer debated later. ”
Zhang Ruiming cleared his throat, faced the trial table, and read aloud the first public interest litigation indictment in Nanzhou Province: