Lawyer's character

"Does your breeding company have a license to sell parrots?" the old inspector asked.

"No." Ning Jinfeng said.

"I'm done asking!" the old prosecutor looked at the judge and said.

"Does the defendant's defender need to ask questions to the defendant?" the male judge asked.

"I need to ask a question." After Fang Yi finished speaking, he paused and said, "Ning Jinfeng, are the parrots you sell wild or bred?"

"The parrots in my company are all bred, not wild. The parrots I sell are all bred in the company." Ning Jinfeng said very cooperatively.

"When you sold your parrot to a pet store, did you know the purpose of the parrot?" Fang Yi asked.

"I know. I asked Boss Zhang specifically at that time. He said he was selling them to others as pets for viewing," Ning Jinfeng said.

"According to the indictment, the Jinfeng Breeding Co., Ltd. you run does not have a license to sell parrots, but it also has a license to raise, purchase and breed parrots. Is that true?" Fang Yi asked.

"Yes, our company has all the licenses, but we just don't have a sales license. It's all up to me. It's my weak legal awareness and lack of understanding of the sale of wild animals that led to the crime. I implore the court to give me another chance. Our company is in the process of Apply for a license to sell parrots and you must operate in accordance with the law in the future." Ning Jinfeng said with tears in his eyes.

"The defender has finished asking questions!" Fang Yi said.

"The following is the presentation of evidence and cross-examination..." the male judge said.

Fang Yi and Ning Jinfeng all agreed with the evidence provided by the prosecutor, and there was nothing to say about the evidence in this case.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

Next, the prosecutor will speak first. "The male judge said

“...The defendant Ning Jinfeng illegally sold six national key protected animals such as African gray parrots, and his behavior constituted the crime of illegally selling precious and endangered wild animals.

Ning Jinfeng's illegal sale of precious and endangered wild animals was serious and should be sentenced to fixed-term imprisonment of not less than five years but not more than ten years according to law. In view of the fact that Ning Jinfeng has the qualifications to artificially breed the parrots involved in the case, and the parrots involved in the case are animals that he purchased legally and then artificially bred. After being brought to justice, he truthfully confessed to the crime, pleaded guilty and repented, and taking into account the factors in the entire case, we recommend that he be sentenced to five years in prison. Year. complete! "The old prosecutor said.

"The defendant defends himself," the male judge said.

"Judge, please give me a chance. My company is applying for a license to sell parrots. I plead guilty and accept punishment..." Ning Jinfeng wiped her tears as she spoke, and by the end she was crying.

"The defendant's defender expressed his defense opinion," the male judge said.

“The defender believes that although the defendant Ning Jinfeng illegally sold parrots, which constituted the crime of illegally selling precious and endangered wild animals, the social harm is not great, and the parrots sold are artificially bred parrots, so the punishment should be reduced, below the statutory penalty. Penalties will be imposed. The reasons are as follows:

1. The Jinfeng Breeding Co., Ltd. founded by the defendant Ning Jinfeng has the qualifications to artificially breed parrots.

The defendant holds a parrot breeding license issued by the Provincial Forestry Department and has the ability to breed 12 national first- and second-level protected wild animals including golden-headed parrots, blue monk parrots, African gray parrots, sun conures, and blue-and-gold macaws. Qualifications for artificial breeding. The parrots it purchases and raises have also been approved by the forestry department.

It can be seen that the defendant's behavior of selling artificially bred parrots is essentially different in terms of harmful consequences compared with other illegal sales of pure wild animals that are protected by the state.

2. The parrots sold by Ning Jinfeng are artificially bred animals and are not precious or endangered wild animals under national key protection. The two are very different in nature.

The defender believes that for the crime of destroying artificially bred wild animal resources, the artificial breeding status of the animals involved is an important factor that should be considered when convicting and sentencing this case.

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" mentioned by the prosecutor is a judicial interpretation implemented in 2000. When this explanation was issued, domestic breeding technology was not yet mature, so it is understandable to give equal protection to wild animals and farmed animals protected by the state, and to determine that they have equal value.

But more than ten years have passed, and domestic wildlife breeding technology has long been different from what it used to be. They are also nationally protected animals, but the value of wild animals and the value of farmed animals are vastly different.

For example, the sika deer, which is listed as a national first-level protected wild animal, has a current breeding scale of millions, and has become an important breeding industry in some provinces. Artificially bred sika deer have been treated as livestock, and their value is significantly different from wild sika deer. .

This can be reflected from the provisions of Article 7 of the "Value Assessment Methods for Wild Animals and Their Products" issued by the State Forestry Administration (released in 2017, borrowed here in advance), that is, the value of artificially bred wild animals and their products, Fifty percent of the value of the same species of wild animals and their products shall be calculated.

As far as this case is concerned, the parrots sold by the defendant Ning Jinfeng are all artificially bred parrots. Taking the gray parrot involved in the case as an example, although it is listed in Appendix I of the Convention, it is a national first-level protected wild animal. However, the size of the existing wild population is still large, and the scale of artificial breeding is also considerable. When convicting and sentencing, simply punishing the defendant based on the protection level is suspected of mechanical justice.

In addition, according to the report of the forestry department, the parrot species sold by the defendant are species with mature artificial breeding technology and large-scale breeding. This shows that the social harm of the defendant's behavior is low. should be taken into consideration when sentencing.

3. Ning Jinfeng has a good attitude towards pleading guilty. He is a first-time offender and an occasional offender.

According to the case file materials provided by the public prosecutor, Ning Jinfeng has never been subject to criminal punishment, and after being arrested, he voluntarily confessed all his crimes, pleaded guilty and accepted punishment, and his subjective malice was relatively small.

In summary, the defender believes that the parrots involved in the case, which are listed as national key protected animals, have a relatively large wild population, are species with relatively mature artificial breeding technology and a large breeding scale, and are relatively common pet birds in practice; The defendant Ning Jinfeng has a license to artificially breed the parrots involved in the case. The parrots sold are all second- or third-generation offspring that were purchased from legal breeding institutions and then artificially bred again. The source of the parents is clear; the parrots involved in the case flowed to the pet market. It was not for the purpose of illegal release or consumption; at the same time, the defendant had no other statutory aggravating circumstances and did not cause serious consequences or related risks. In view of this, the court is requested to sentence the defendant to a penalty below the statutory penalty. The defender recommends that the defendant be sentenced to probation.

complete! "Fang Yi said.

…