Lawyer's character

"Appellant Zhao Cuixia, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.

“I have objections to the facts and charges found by the court of first instance:

1. The first-instance judgment found that I was selling nationally protected animals, which I do not agree with.

I did not sell any nationally protected wild animals. I was just an intermediary. The big swan, a nationally protected animal in my store, was not mine but Liu Sanding's. I had told the police before.

In addition, the buyer is not me, but a man named Wu. He is from the police. He encouraged me to help him introduce the purchase of wild animals. We have WeChat and phone records. During the first trial, the procuratorate only showed the WeChat account where we reached a deal. The WeChat account where he called me and sent me WeChat messages to urge me to do something was not submitted. "

As she said this, Zhao Cuixia's body was shaking nervously, her heart was racing like a wild horse, her voice was shaking so much, and the A4 paper in her hand was shaking so hard that she couldn't see the words. After calming down, she continued:

"Second, I don't agree with the crime found by the court of first instance. I didn't sell wild animals at all, I just introduced them. I'm done."

After finishing speaking, Zhao Cuixia's body shivered into a ball, she could no longer hold the A4 paper in her hand, her forehead was wet, and her voice was distorted.

"Appellant, please calm down." Seeing Zhao Cuixia acting like this, the presiding judge said, fearing that she would faint from excessive nervousness in the court and affect the trial.

The female bailiffs on both sides came closer and asked in a low voice about Zhao Cuixia's situation.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment." After a moment, the presiding judge said.

"Appellant Zhao Cuixia, how did Liu Sanding and you know each other? Have you been familiar with each other before?" Prosecutor Song asked.

"Liu Sanding and I are from the same hometown... I own a restaurant in the village, and he often comes to my place to eat, and we get to know each other as soon as we come and go." After the initial nervousness, Zhao Cuixia felt much calmer at this time.

"How do you know he has wild animals?" Inspector Song asked.

“A man named Wu asked me to buy wild animals as gifts, and he wanted good ones. ‘Good’ means protected wild animals that cannot be eaten normally.

I didn't have it in the store, so I didn't agree to it. Later, the man surnamed Wu pressed me for a long time, so I asked Liu Sanding, who often came to eat. I knew he had a lot of connections, so I asked him to help find out. This is what happened. "The fear in Zhao Cuixia's eyes was much less, and she may have slowly adapted to the rhythm of the trial.

"Have you ever bought wild animals from Liu Sanding before?" Inspector Song asked.

"I did it twice, but I didn't take the initiative to buy it. Liu Sanding mentioned it and sold it to me in the store." Zhao Cuixia said.

"What did you buy?" Inspector Song asked.

“I remember it was a hare, the kind found in the mountains, but later the chef said it didn’t look like a wild rabbit, it was a bit too fat, and it should be domesticated.

Another time, he brought me a pheasant. Later, the chef identified it as domestic and not a pheasant at all. I later accepted it at the price of a domestic chicken. "

Zhao Cuixia had indeed done business of buying and selling wild animals many times before, and had also bought them from Liu Sanding, but she could not say that she believed that old slippery Liu Sanding would never admit that he had sold wild animals before. So she avoided the important things and made a few nonsense remarks.

Prosecutor Song groaned angrily. Although he guessed that Zhao Cuixia was dishonest, he had no evidence: "Presiding judge, the prosecutor has finished asking questions."

"The following questions will be asked by the defender of the appellant Zhao Cuixia." the presiding judge said.

"Okay, presiding judge. Zhao Cuixia, do you know the buyer named Wu who bought wild animals before?" Fang Yi asked.

"I don't know him. He came here on his own." Zhao Cuixia felt more at ease after hearing Fang Yi's question. She knew that Fang Yi would not dig a hole for him.

"What did the buyer named Wu say when he found you?" Fang Yi asked.

"He said he wanted good wild animals to give as gifts." Zhao Cuixia said.

"Did you have any good wild animals at that time?" Fang Yi asked.

"No." Zhao Cuixia said.

"Did you take the initiative to help him contact the seller?" Fang Yi asked.

"No, I'm not familiar with him, so I didn't pay attention to it. I thought I'd wait until someone comes to the store to sell wild animals, then I'll contact him, and forget it if he doesn't," Zhao Cuixia said.

"Did the buyer named Wu contact you later?" Fang Yi asked.

"I got in touch. They call me basically every week, and sometimes they come to the store to ask me about it. I'm tired of asking questions," Zhao Cuixia said.

"Later you asked Liu Sanding to help find sellers of wild animals?" Fang Yi asked.

"Yes, the man surnamed Wu kept asking about this, and I was a little annoyed. Liu Sanding happened to come to my place for dinner, so I told him about it. Later, he called me and told me that it was in stock. Goods means good. Wild animals, I just contacted the person named Wu." Zhao Cuixia said.

"Zhao Cuixia, do you charge a fee for introducing Liu Sanding to the buyer named Wu?" Fang Yi asked.

"Yes, but only fifty yuan as introduction fee." Zhao Cuixia said.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"We are now conducting evidence and cross-examination. Do the prosecutors, defenders, and appellant have any new evidence that needs to be submitted?" the presiding judge asked.

"No." Inspector Song said.

"President, before the trial, the appellant applied for access to the WeChat chat records and call records between Zhao Cuixia and the buyer named Wu. Apart from this, there is no other evidence to be submitted." Fang Yi said.

Because Zhao Cuixia's mobile phone was held by the public security organ, Fang Yi could not get it, so he applied to the court to obtain evidence before the trial.

"I have no new evidence." Zhao Cuixia said.

…

"According to the defender's application, this court obtained Zhao Cuixia's call records and WeChat records from January to June before the trial. Now they are provided to you for on-site cross-examination.

First, the prosecutor will give evidence. "After the presiding judge finished speaking, he handed the evidence collected to the clerk and distributed it to the three parties.

"We have no objection to the evidence collected." Prosecutor Song said.

The WeChat chat records and call records were obtained by the court, and Prosecutor Song had seen them before when reviewing the evidence materials, so he had no objection to the evidence. The District Procuratorate did not submit all the WeChat chat records during the first instance, either because it was omitted, or because it believed that such evidence was not important.

"No objection." Zhao Cuixia said.

Fang Yi said: “The defender recognized the above evidence.

It can be seen from this evidence that the buyer named Wu made dozens of calls to Zhao Cuixia from January to June, basically three or four calls every month.

In addition, judging from the WeChat chat records, almost all of them are urging Zhao Cuixia to help purchase good wild goods (wild animals) as soon as possible. It can be seen that Zhao Cuixia has always been in a passive position and has not actively matched the behavior or thoughts of buying wild animals for the buyer named Wu. In other words, there is no obvious subjective criminal intention. "