Recently, Beijing King&Capital Law Firm lawyer Ma Lixi defended the case of Yin Mou suspected of endangering precious and endangered wildlife, from Yin Mou arrived at the case facing more than ten years of fixed-term imprisonment, and punishment of fines or confiscation of property, to the final 2022 November 11 first instance verdict of two years and six months of fixed-term imprisonment, three years of probation, and a fine of 30,000 yuan. Yin walked out of the detention center immediately after the verdict was pronounced and regained his personal freedom.

Defendant was detained for a long time

In the case of Yin Mou, who was suspected of endangering precious and endangered wildlife, his personal freedom was restricted after he arrived at the case on March 19, 2021, and by the time he walked out of the detention center on the day of the verdict on November 11, 2022, he had been detained for more than one year and seven months.

Judicial interpretation of the adjustments to the statutory penalty down a grade

The case went through three court hearings, which coincided with the implementation of the new Interpretation of the Supreme Court and the Supreme Prosecutor on Several Issues Concerning the Application of Law in Handling Criminal Cases of Destruction of Wildlife Resources ("Wildlife Interpretation") on April 9, 2022, and the statutory penalty was adjusted to a fixed term of imprisonment of five years to less than ten years and a fine prior to the third court hearing. and a fine. According to Yin, the Procuratorate's sentencing recommendation for Yin was six years of imprisonment.

After the court's defense, the statutory sentence was further reduced by one grade, and he was finally granted a suspended sentence and regained his freedom.

Ma Lixi lawyer in the third trial before accepting the defendant's family entrusted to intervene in the case, the court at any time may notify the court, facing great pressure to defend, the need for day and night, night fighting. After a detailed review and analysis of the case file materials, again study all the wildlife crime laws and regulations, judicial interpretations, replies, replies, international conventions, wildlife lists, the value of the determination of standards, etc., and ultimately decided to law, based on the basis of the rationale for the Yin Mou not guilty defense, the formation of the 11-page not guilty of the defense opinion. In the end, the court made specific comments and adopted the arguments of Mr. Ma that the animal in question was an artificially bred parrot rather than a wild one, that the facts about the number of parrots killed were unclear, that the death of the parrots could not be attributed to Mr. Yin's actions (causation in criminal law), and that the value of the case was incorrectly determined.

Although Yin was not acquitted in the end, the sentence exceeded five years and probation was applied, as the contractor had issued a notice to focus on the case is already a more desirable ending. In fact, an early reunion with his family was Yin's greatest expectation when Mr. Ma met with him. From more than ten years, to between five and ten years, to probation to regain freedom, along the way, Yin Mou can be said to have many twists and turns, but finally made it out, returned to the family and a normal life.

Brief description of professional issues in the judicial practice of wildlife-related crime cases

This case is a typical case after the promulgation of the new "Wildlife Interpretation", which encompasses many controversial legal issues in judicial practice. In particular, the definition of captive-bred animals and wild animals in judicial practice, the determination of the organization and method of assessing the value of the animals involved in the case, the determination of mitigating circumstances in Article 6 of the new Wild Animals Interpretation, the distinction between "causing death of the animal" and "irrecoverable The distinction between "causing the death of the animal" and "irrecoverable", and the application of Article 13, "Artificial breeding technology is mature and has reached a large scale, and the animal is bought, sold and transported as a pet", are generally not treated as crimes in practice, and so on. These are often involved in wildlife crime cases involving professional issues, Ma Lixi lawyer combined with a number of such cases for the practice of experience, in the publication of a number of professional papers and undertook a number of cases in the defense of the detailed analysis and discussion.

An ideal judgment requires the joint efforts of many parties.

The case of Yin Mou, who is suspected of endangering precious and endangered wildlife, has just passed the appeal period, and the defendant indicated to the lawyer that he would not appeal during the appeal period, and the judgment has now come into effect.

Here, we really need to express our thanks to the members of the panel of this case. Thanks to the court in the trial in accordance with the law to fully protect the defendant, the defendant's procedural rights, the members of the panel to listen carefully to the defense counsel's defense, as well as highly responsible judicial style of work; the defendant yin mou himself in the lawyer's meeting, in the trial of the facts of the issue of the logic of the clear expression, is the basis of the panel to accurately determine the facts of the case; the defense attorney to do their best to prepare for the work of the law, the professional use of legal ability is also Indispensable. In short, the legal, fair and reasonable handling of any case is indispensable to the staff of the judicial organs, the defendant and the defender, each doing his or her own job and fulfilling his or her responsibilities.

Monday, November 21, 2022 at 8:59 p.m.