Chapter 320: More Wronged Than Dou E!
Fang Yi knew that there were still many people in the "Appearance Association" in this world, among the rich and powerful, and even more among the common people. As a lawyer, if you can't make the client feel that you are successful (whether you are really successful or not), then the client will most likely look down on you in his heart, and feel that you are far from the lawyer he wants to entrust in terms of professional ability and connections. This is especially true for strangers.
Because in the hearts of the vast majority of people, there has long been a portrait of the lawyer group, lawyers should be a lofty profession, they should go in and out of luxury cars, accompanied by beautiful women, and the war of words in the court can turn black into white, criminals as innocent victims, and those who sell as cleaner and purer than angels.
I have to say that the image of lawyers in people's hearts is largely influenced by Hong Kong and Taiwan dramas and American dramas, but in fact, it is not the case at all.
Even so, lawyers are still working hard to promote the process of the legal system, and I am afraid that only lawyers can understand the bitterness, confusion, disappointment, and determination.
American dramas and Hong Kong and Taiwan dramas mostly show a lawyer-based adversarial trial method, in which the role of lawyers is more intuitive, and it looks more visual and auditory impact, but that is a common law thing, and it does not belong to us.
In view of the misunderstanding of the lawyer profession by the domestic public, in order to add points to his already unremarkable middle-aged image, Fang Yi got a call from Li Shuming about custom-made clothes, went to meet the clothing designer on Saturday, customized two suits, and at the same time followed the other party's advice to purchase a pair of black and brown calfskin leather shoes, a few ties of different colors and a few shirts.
After this set of combination punches, Fang Yihua went out tens of thousands, and he was distressed, but I have to say that his image can indeed improve a lot.
Soon, the criminal case of Zhao Dabao's daughter-in-law Ning Jinfeng was opened, and the trial time was earlier than Fang Yi expected.
On Thursday morning, Fang Yi drove to the county courthouse, and at half past nine in the morning, Fang Yi sat in the courtroom, with materials that would be used in court on the table.
On the prosecutor's bench opposite sat two male prosecutors, one old and one young. The old prosecutor wore a pair of myopic glasses, looking a bit like an old pedant, Fang Yi had communicated with him before, and he had a good impression of him. The younger one was his apprentice.
Zhao Dabao sat down in the audience seat with a nervous face, looking at Fang Yi for a while, and then at his daughter-in-law sitting in the defendant's seat, feeling uncomfortable.
Ning Jinfeng's case was heard by a single male judge, who was in his forties and had a serious face.
When the male judge finished verifying the defendant's identity information and reading out the defendant's rights, the prosecutor began to read the indictment.
"Defendant Ning Jinfeng, female, resident ID number ......, Han ethnicity, high Chinese ....... He was criminally detained by the county public security bureau on suspicion of illegally selling rare and endangered wild animals......
After review in accordance with law, it is ascertained that:
In August 2013, the defendant Ning Jinfeng applied for a license to breed parrots from the Provincial Forestry Department, and obtained artificial breeding permits for 12 species of wild animals under national first- and second-class protection, including golden-headed parrots, blue monk parrots, African gray parrots, sun cone-tailed parrots, and blue-gold arcamoos.
After that, with the approval of the Provincial Forestry Department, Ning Jinfeng purchased 130 parrots from Feiteng Bird Species Conservation Co., Ltd. for artificial breeding.
In October 2014, without obtaining a permit, Ning Jinfeng sold six captive-bred blue monk parrots, blue and gold macaws, gold-headed parrots, sun cone-tailed parrots, and gray parrots to pet shops in the flower and bird market for RMB21,500 (handled separately).
After verification, the six parrots illegally sold by Ning Jinfeng are all listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as the "Convention"), and belong to the first and second class protected wild animals of the state. Among them, 2 parrots are listed in Appendix I of the Convention and 4 parrots are listed in Appendix II of the Convention.
The evidence for the above facts is as follows:
1. The confession of Zhang Yousheng, the owner of the pet shop;
2. Defendant Ning Jinfeng's confession and defense;
3. Six parrots were seized at the scene;
4. On-site inspection (inquest) records and identification records;
5. Bank transfer records of Zhang Yousheng's payment to Ning Jinfeng for parrots.
The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful. Defendant Ning Jinfeng had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.
This court believes that the defendant Ning Jinfeng's conduct has violated the provisions of Article 341 of the Criminal Law of the People's Republic of China, and has met the standard of "serious circumstances" provided for in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources", the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of illegally selling precious and endangered wild animals.
In view of the sentencing circumstances such as defendant Ning Jinfeng's truthful confession, admitting guilt and accepting punishment, actively paying fines, and having no criminal record, it is recommended that Ning Jinfeng be sentenced to five years imprisonment. In accordance with the provisions of article 176 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. The indictment is read! The old inspector said.
After listening to the prosecutor read the indictment, Ning Jinfeng was about to cry, how could this person who pleaded guilty and accepted punishment still let the court sentence me to five years! She felt wronged! Treat unjustly! More wronged than Dou E!
When Fang Yi communicated with the old prosecutor before, the old prosecutor also felt that Ning Jinfeng's behavior was not very harmful to society and could be considered in sentencing.
Now it seems that the old prosecutor has only recommended a minimum sentence within the statutory sentence. This is not the result Fang Yi wants.
"Defendant Ning Jinfeng, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objections to the facts and charges of the crime charged against you in the indictment? The male judge looked at the dock in front of him.
"Heard clearly, no objections! I pleaded guilty and accepted punishment and asked the court to sentence me a few years less. Ning Jinfeng was a little distracted, and he was powerless.
"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The male judge said.
"Yes, judge. Defendant Ning Jinfeng, how many parrots have you sold? How many sold? The old inspector asked.
"Once, only this once. A total of six were sold. As he spoke, Ning Jinfeng's eyes revealed trepidation.
If she only sold six parrots, she would be sentenced to five years, even if Ning Jinfeng had sold parrots, she didn't dare to say it at this time, she couldn't say it, she wasn't stupid enough to dig a pit for herself.
(End of chapter)