Song Yun, upon realizing the severity of the situation, nearly broke into tears. At that moment, all he thought was that this could reduce the penalty and lighten the fine; he hadn't considered the broader implications at all.
"This is the disadvantage of not hiring a lawyer immediately," Qin Mu let out a soft sigh and shook his head. Once you find yourself in criminal trouble, it's imperative to find a lawyer at the first opportunity. A reliable lawyer will tell you what you can and cannot do. And that's just before going to trial. If things are mishandled after going to court, it could very likely result in a harsher sentence. Lin Zhen, Gao Feng, and others I previously sent to prison are bloody lessons.
"Now, I'll ask you one last question." Qin Mu looked at Song Yun intently and asked, "Do you... want to be exonerated, or do you want your freedom?"
Song Yun was stunned. "What do you mean?"
"You have already signed a statement of confession and acceptance of punishment. To defend yourself now, you must refute your own words. If you fail... your sentence will be a full twelve years!" Qin Mu paused, then continued, "If you persist in a defense of innocence, then you must see this path through to the end."
Refuting one's own confession was a very grave act. If the case were lost, there would be no leniency during sentencing. Even if he found mitigating circumstances, there would be no reduction in the sentence. This was the potential cost of seeking exoneration. If he hadn't signed the statement, he could have tried for a reduced sentence if the defense of innocence failed. At the very least, it would lower his sentence. But now, there were only two extremes left.
After listening to Qin Mu's explanation, Song Yun suddenly bowed his head and remained silent. Wang Dachui and Song Tiancheng, who were sitting nearby, also said nothing, patiently waiting for Song Yun's decision.
This choice carried immense weight. Twelve years might sound like a long time, but it felt incredibly heavy.
After a full ten minutes, Song Yun finally lifted his head and met Qin Mu's gaze. Clenching his teeth, he said, word by word, "I want to be exonerated!"
After saying this, it was as if he had exhausted all his strength.
"Good," Qin Mu nodded solemnly, making no promises. He merely indicated that he would do his best.
「In the evening.」
At the Mountain and Water Garden District, after organizing the case materials, Qin Mu dragged his weary body home and went to his study. The entire time, he was mulling over the defense strategy for this case.
As a lawyer, the direction of the defense in court is crucial. Each point of defense must aim in that direction, not be haphazard. Only then can the defense's effectiveness be maximized.
After communicating with Song Yun, he also learned in detail about the matter of the Fei's parakeets. Five years ago, Song Yun found an injured parakeet and took careful care of it. He later privately purchased another one for pairing. They bred and produced sixteen offspring, resulting in a total of eighteen Fei's parakeets. These parakeets all belonged to species specially regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), listed as Class II nationally protected animals, and were considered endangered wildlife.
"The first point is to classify this behavior as breeding an endangered wildlife species without a license," Qin Mu muttered to himself, typing his defense strategy on the computer. Song Yun's purpose in raising them was merely a hobby, not for profit.
The raising of wildlife by private individuals had now been broadly restricted. Many private individuals breeding wildlife took better care of them than forestry departments or other agencies. However, because they hadn't obtained a wildlife domestication and breeding permit or a wildlife production and operation permit, their actions were illegal.
The public prosecutor's case against Song Yun mainly revolved around the buying and selling. Both the sale and purchase constituted crimes. The customer who came to Song Yun's farmhouse restaurant and insisted on buying the parakeets had now also been detained according to law. The three parakeets sold, along with the fifteen in Song Yun's home, had all been confiscated according to law.
Breeding parakeets without a license only constituted an administrative violation, subject to administrative fines, and carried no criminal liability. However, the "criminal fact" that Song Yun sold three Fei's parakeets was already established. A transaction had occurred. The defense would also be quite difficult.
"Second, the Fei's parakeets Song Yun sold were captive-bred, not wild-caught. Regarding the species' endangered status..." After reviewing the relevant literature, Qin Mu wrote down the second point. Although Fei's parakeets are also classified as Class II protected animals, the species itself is no longer critically endangered, and current breeding technology is mature. There are many skilled private breeders.
Furthermore, considering the connections and corroborations between CITES, the Wildlife Protection Law, and relevant reply documents from the Supreme People's Court's research office, it could be inferred that Song Yun's act of selling caused no damage to wildlife resources and posed no social harm.
The absence of social harm is particularly important. In all defenses of innocence, this point must be utilized. If there is no social harm, according to relevant guiding opinions and legal regulations, an act that is notably minor with insignificant harm should result in an acquittal or a decision not to prosecute.
One of the basic principles of criminal law is to punish actions that cause social harm, thereby deterring and curbing them. If a person's conduct does not cause social harm, then it inherently does not violate criminal law.
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