Lawyer's character

Fang Yi knows that there are still many people in the "Appearance Association" in the world, including rich and powerful people, and even more among ordinary people. As a lawyer, if what you wear does not make your client feel that you are successful (regardless of whether you are really successful), then the client will most likely look down on you in his heart and feel that you are not good in terms of professional ability or connections. A far cry from the lawyer he was going to instruct. This is especially true for strangers.

Because in the minds of most people, lawyers have long had a picture of lawyers. Lawyers should be a high-class profession. They should have luxury cars and beautiful women in their company. They should be able to turn black into white and evil in the courtroom. The criminals are described as innocent victims, and the people sold out are described as cleaner and more pure people than angels.

I have to say that the image of lawyers in people's minds is largely influenced by Hong Kong and Taiwan dramas and American dramas. In fact, it is not the case at all.

The country adopts the inquisitorial trial method, so whether the defendant hires a lawyer or not, the judge must take the lead. Lawyers speak softly. Even so, lawyers are still working hard to promote the process of the legal system. The ups and downs, confusion, and Disappointment and determination may only be experienced by lawyers.

American dramas and Hong Kong and Taiwan dramas mostly show the adversarial trial method with lawyers as the mainstay. In this trial method, the role of lawyers is more intuitive, and it seems to have more visual and auditory impact, but that is British and American. Things in the legal system do not belong to us.

In view of the domestic public's misunderstanding of the lawyer profession, in order to add points to his already unremarkable middle-aged image, Fang Yi got a phone number from Li Shuming to customize clothes, and went to see the fashion designer on Saturday and customized two sets. suit, and at the same time followed the other party's suggestion and purchased a pair of black, a pair of brown calfskin shoes, several ties of different colors and several shirts.

After this set of punches, Fang Yi spent tens of thousands of dollars and felt very distressed, but I have to say that his image has indeed improved a lot.

Soon, the criminal case of Zhao Dabao's daughter-in-law Ning Jinfeng opened, and the court session started earlier than Fang Yi expected.

On Thursday morning, Fang Yi drove to the county court. At 9:30 in the morning, Fang Yi was sitting in the court with materials that would be used during the court session on the table.

Sitting opposite the prosecutor's bench were two male prosecutors, one old and one young. The old prosecutor wore a pair of myopia glasses and looked a bit like an old scholar. Fang Yi had communicated with him before and had a good impression of him. The young one is his apprentice.

Zhao Dabao was sitting in the gallery below with a nervous look on his face. He looked at Fang Yi for a while, and then looked at his wife sitting in the defendant's box, feeling uncomfortable in his heart.

Ning Jinfeng's case was heard by a male judge alone. The male judge was in his forties and had a serious look on his face.

After the male judge verified the defendant's identity information and read out the defendant's rights, the prosecutor began to read out the indictment.

“The defendant Ning Jinfeng, female, resident ID number…, Han nationality, high school education…. was criminally detained by the County Public Security Bureau on suspicion of illegally selling precious and endangered wild animals…

After legal review, it was found that:

In August 2013, Jinfeng Breeding Co., Ltd., of which the defendant Ning Jinfeng was the legal representative and controlling shareholder, applied for a parrot breeding license from the Provincial Forestry Department and obtained a license to breed golden-headed parrots, blue monk parrots, and African parrots. Artificial breeding licenses for twelve kinds of national first- and second-level protected wild animals, including gray parrots, sun conures, and blue-and-gold macaws.

Afterwards, 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, Ning Jinfeng sold six artificially bred blue monk parrots, blue and gold macaws, golden-headed parrots, sun conures, and gray parrots for RMB 2 without obtaining permission. For a price of 1,500 yuan, it was sold to Zhuo Yousheng, a pet shop in the flower and bird market (handled separately).

After verification, the six parrots illegally sold by Ning Jinfeng were species listed in Appendix I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as the Convention), and were classified as national first- and second-level protected wild animals. . Among them, 2 parrots are listed in Appendix I of the Convention, and 4 are listed in Appendix II of the Convention.

The evidence to establish the above facts is as follows:

1. The confession of pet shop owner Zhang Yousheng;

2. Defendant Ning Jinfeng’s confession and defense;

3. Six parrots were seized at the scene;

4． On-site inspection (inspection) records and identification records;

5. Bank transfer records of Zhang Yousheng’s payment to Ning Jinfeng.

The above evidence collection procedures are legal and the content is objective and true. The defendant Ning Jinfeng had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant Ning Jinfeng’s behavior has violated the provisions of Article 341 of the Criminal Law of the People’s Republic of China and has reached the requirements of the Supreme People’s Court on Several Issues concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources. According to the "serious circumstances" standard stipulated in the Interpretation, if the criminal facts are clear and the evidence is reliable and sufficient, he should be held criminally responsible for the crime of illegally selling precious and endangered wild animals.

In view of the sentencing circumstances of the defendant Ning Jinfeng, including truthful confession, guilty plea and punishment, active payment of fines, and no criminal record, it is recommended that Ning Jinfeng be sentenced to five years in prison. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. The indictment has been read out! "The old prosecutor said.

After listening to the prosecutor read the indictment, Ning Jinfeng almost cried. Why did the court let me sentence me to five years for this person who pleaded guilty and accepted punishment? She felt wronged! Unjustly accused! More unjust than Dou E!

When Fang Yi communicated with the old prosecutor before, the old prosecutor also felt that Ning Jinfeng's behavior was not harmful to society and could be considered in sentencing.

Now it seems that the old prosecutor only recommended the minimum sentence within the statutory penalty. This is not the result Fang Yi wants.

"Defendant Ning Jinfeng, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges against you in the indictment?" The male judge looked at the defendant's seat in front of him.

"Listen clearly, there is no objection! I plead guilty and accept the punishment. Please ask the court to give me a few years less sentence." Ning Jinfeng said feebly and a little distracted.

"The public prosecutor can question the defendant about the criminal facts charged in the indictment." the male judge said.

"Okay, judge. Defendant Ning Jinfeng, how many times have you sold parrots in total? How many have you sold?" the old prosecutor asked.

"Once, only this time. A total of six were sold." When speaking, Ning Jinfeng's eyes showed fear.

Selling only six parrots would result in a five-year sentence. Even if Ning Jinfeng had sold parrots before, she would not dare to say it at this time. She could not say that she was not stupid enough to dig a hole for herself.