As a Lawyer, You Sent the Judge In?

Chapter 270 Let me ask again, why? !

This time, what Su Bai proposed in the court hearing was not a plea of ​​innocence, but a term of imprisonment.

 Because in this trial, based on the circumstances and clues we have.

 At that time, He Ping had a conflict with Zhou Li during law enforcement.

Based on this and the specific experience, Zhou Li is definitely guilty.

It is impossible to achieve a not guilty plea in this trial.

 In this case, it is most beneficial to the parties to defend the sentence reduction.

Of course.

 There is a difference between fixed-term imprisonment and fixed-term imprisonment.

 Ten years is a fixed-term prison sentence with one year suspended, which is also a fixed-term prison sentence.

but.…

How long the sentence will last depends on the presiding judge.

.

 …

 The fixed-term imprisonment proposed by Su Bai made prosecutor Cai Wanqiang feel that Su Bai was talking nonsense!

  TMD is bullshit!

Why.…?

 Because He Ping was a law enforcement officer at the time, although the law enforcement officers were said to have made certain mistakes, they were killed by relevant personnel in the process of enforcing the law.

The death penalty was imposed in the first instance. In Cai Wenqiang’s opinion, it was natural and should be the case.

Judging this way, no problem, no problem at all!

After all, if this is not the case, how can law enforcers maintain the dignity and rights of law enforcement?

But.…

The defendant entrusted a lawyer to directly request a reduction of the sentence to fixed-term imprisonment.

  fixed-term imprisonment, life imprisonment, suspended death, death penalty.

 From the death penalty to fixed-term imprisonment, there is a huge gap and gap!

After hearing Su Bai’s statement, Cai Wanqiang said directly: “I would like to ask if the defendant has entrusted a lawyer.”

“How did you determine that this crime was relatively minor?”

 “Is there any basis for it?”

“The prosecution charged the defendant Zhou Li with the death penalty for the following main points:”

“First: The defendant Zhou Li used the fruit knife on his stall to pierce He Ping’s chest while the Urban Management Bureau officer He Ping was enforcing the law.”

“As a result, He Ping injured key parts of his body, resulting in his final death.”

“Zhou Li intentionally harmed the law enforcement officers during the enforcement period of the Urban Management Bureau. What kind of behavior is this?”

“This kind of behavior is already a behavior that seriously harms others, and it is a behavior that seriously harms law enforcement officers and causes the death of law enforcement officers.”

"to be honest!"

“This means that Zhou Li resisted law enforcement officers throughout the entire incident and intentionally committed violence against law enforcement officers.”

“From this point of view, Zhou Li’s intentionality is established!”

“From a consequential point of view, Zhou Li caused the death of law enforcement officers as a result.”

“Based on the above-mentioned neutral behavior, resisting law enforcement and causing the death of law enforcement officers is intentional, seriously affects society, and violates social order. The punishment should not be reduced.”

 After Cai Wanqiang finished his statement, Su Bai was silent for a few seconds.

 It’s not because of anything else...

 Just because Cai Wanqiang’s statement makes some sense, but not much!

 In terms of the result, Zhou Li did cause He Ping's death, but there was a reason for that.

And it’s not confrontational law enforcement, as Cai Wanqiang stated.

 As Cai Wanqiang stated, from an intentional point of view, it is completely nonsense.

Why?

 Because throughout the entire process, this case was not caused by law enforcement, but by the conflicts and contradictions between two people.

 According to the prosecutor's statement, it seems that Zhou Li deliberately resisted law enforcement officers.

  But actually?

 What is the actual situation?

 In fact, Zhou Li was surrounded by several law enforcement officers, and a conflict broke out, which eventually led to He Ping's death accidentally.

Rather than Zhou Li coming up with a knife from the beginning and doing it.

 The prosecutor's statement was entirely from He Ping's perspective.

  It is not stated from an objective factual perspective.

According to what the prosecutor stated—Zhou Li intentionally caused harm?

 In fact, Zhou Li had no choice but to grab a knife while being beaten, wanting to resist and protect himself.

Facing the prosecutor’s response, Su Bai raised his hand:

“Presiding judge, I don’t agree with the prosecutor’s statement. We would like to ask the client, Zhou Li, to describe the specific situation at the scene.”

 “You can understand the relevant facts only when you have specific circumstances, rather than listening to one side argue.”

“Based on this, I would like to ask Zhou Li to restore the specific situation at that time.”

 Lin Youping nodded after hearing Su Bai’s application: “I agree to the application of the defendant’s litigation lawyer.”

“Please ask Zhou Li, the person involved, to describe the situation at that time.”

Lin Youping, as the chief judge of this trial, has no preference for this case.

 Just like the original Qi Feng case, the reason why he found Qi Feng innocent.

 It is because we want to promote the progress of the rule of law.

 In fact, the Qi Feng case received guidance from the Supreme Court and the Supreme People's Procuratorate, and has now been applied in some court judgments.

 It can be regarded as promoting the progress of the legal system.

But having said that, this time, he is trying the case of Zhou Li.

 It was also Su Bai who represented Zhou Li. He was also curious and looking forward to what point of view Su Bai would come up with to defend Zhou Li.

.

 …

 The gavel struck.

At the defendant's seat, Zhou Li was a little nervous and glanced at Su Bai at the lawyer's seat.

Then he looked up at the presiding judge directly in front of him and described the general story from his perspective.

“President, can I speak slowly?”

"Can."

 “Okay, thank you, presiding judge.”

 Regarding Lin Youping's humane trial, Zhou Li bowed before continuing to speak.

“Our area is a small shopping mall. It is called a small shopping mall, but it is actually a stall set up in the mall. The stalls earn a lot of money a month and are provided to us traders.”

“My location is good and cheap. In fact, many people are jealous of it.”

“What was said at the time was that leaders might inspect our area and ask us to do something and comply with the regulations... and they would be stricter.”

　　　….”

As a small businessman, Zhou Li is not very clear about certain legal knowledge points, or in other words, the legal interpretations given at the trial that can give the presiding judge a bias.

 During the presentation process, the key process of the case was never emphasized.

 Having spoken about it now, it will take about ten minutes.

 If this continues... it is likely to affect the presiding judge's control of key issues.

So Su Bai raised his hand to ask Zhou Li questions.

 In response to Su Bai's suggestion, Lin Youping agreed.

Immediately afterwards, Su Bai asked Zhou Li:

“Based on what you just stated, can you briefly explain the circumstances of the quarrel and the conflict?”

"OK.…"

Zhou Li nodded. Hearing that Su Bai was asking him, he took a breath and continued to speak.

“I complained a few times about the quarrel and fighting, and then a few of them surrounded me and started picking on me. They even warned me not to set up a stall again in the future.”

 “I asked them why?”

“I pay to rent this stall every month, why don’t I let me set up a stall? They have no right not to let us set up a stall.”

“Although this area is indeed under their control, they cannot arbitrarily prevent us from setting up stalls.”

“I didn’t say anything about changing stalls, and now I’m not allowed to set up a stall. Not only are things at home accumulating in my heart, but also the conflicts that day occurred, and I’m even more angry.”

"Then we started to quarrel with them." "The more the quarrel became, the more violent they became. They wanted to rob my stall and accused me of any violation of regulations. I didn't agree, so I got into a fight with them."

“Compared to them alone, I definitely don’t have the upper hand, so I went under the knife...”

Su Bai continued: "So, what is this knife originally used for?"

"This knife... was originally used for peeling fruit, because there are better people at other stalls next door. Sometimes they will give some fruits or something. Sometimes some people can't find their own tools for a while. I This knife is sometimes lent to them to sharpen something.”

 “Is there any evidence to prove what you said?”

“Yes, yes, yes, the neighbors all know it, and I’ve been using this knife for a long time. I don’t even take it home. I keep it on the stall all the time.”

Su Bai continued to ask the key question: "Then what kind of situation were you in when you impulsively committed the murder? Can you elaborate on this?"

“And why do you want to go under the knife?”

“Under what circumstances was the operation performed? How did you feel at that time?”

Facing Su Bai, Zhou Li was silent for a few seconds on these key issues, and then spoke them all in detail.

“It was a few of them who attacked me at that time, and I really had no choice...”

"He Ping was the one who beat me the hardest. I had gone through so many things in my family at that time. I was very depressed. Now I was beaten again. Then I thought about the grievances I had suffered for such a long time. I just wanted to stop them from hitting me."

　　“At that time, my brain got hot and I went to get the knife.”

“While I was holding the knife, they were still scolding me and telling me to get out. If they dared, they would stab them to death. They also warned me to be careful in the future and not to set up a stall here.”

“He Ping took advantage of his height and even came over to push me and punch me.”

 “Then what happens next...”

Su Bai: "According to your statement, you had verbal conflicts first, and then physical conflicts."

“Several people on the opposite side beat you together, and then you used the knife to fight back and protect yourself, right?”

“Yes, what I was thinking at the time was that they were too bullying!”

"OK!"

"Then I would like to ask, at the beginning, who was the first to start, you or they?"

"This..." Zhou Li hesitated for a few seconds: "They were swearing at each other, and then I angrily went up to argue with them, and we pushed each other after that."

 “I remember they were the ones who pushed me first.”

"OK."

"Thank you for your answer."

Su Bai nodded, then looked at his lawsuit materials, and then looked at the prosecutor's seat:

“Based on Zhou Li’s answer just now, combined with the corresponding evidence provided by law enforcement and the testimonies of passers-by and other factual basis.”

"It can be seen that Zhou Li's answer just now did not have any tendency. The answer was entirely based on his own subjective answer."

“Throughout the entire process of the case, it was obvious that the main fault party was not Zhou Li.”

"Because in the beginning, Zhou Li only complained verbally, and then fined him. Then he was pushed by others, got into a fight, and suffered a loss."

“It doesn’t take long to get the knife, and the knife is not prepared in advance.”

“This matter can be seen as Zhou Li was just acting defensively.”

“According to relevant discussions on defense, unlawful infringement is being carried out.”

"Are the other people beating Zhou Li? Yes!"

“Has this illegal infringement been stopped?”

"No!"

“Under these conditions, Zhou Li took the knife, and the other party still committed verbal violence, and even had a huge tendency to commit physical violence.”

 “In this act.…”

“Zhou Li retaliated against several people and caused harm to He Ping.”

“Based on this, we believe that we did not commit intentional harm, either from the perspective of harm or from the nature of intentionality.”

“There is no subjective intention or harm.”

“We apply to the presiding judge to determine that this behavior is a defensive behavior.”

Facing Su Bai’s statement, prosecutor Cai Wanqiang frowned.

 It’s not that he hasn’t thought about this kind of defensive behavior.

but!

Su Bai ignored the most important point. What is the most important point?

 The most important point is the identity of He Ping.

 On the issue of setting up stalls, He Ping and others have the right to enforce the law.

 There is no problem with this!

According to Zhou Li’s statement, the pushing did not constitute a fatal unlawful infringement, and it could even be said that the unlawful infringement had stopped at that time.

 Cai Wanqiang had something to say in response to the defensive behavior proposed by Su Bai.

“I don’t agree with the view of the lawyer appointed by the defendant.”

"Why?"

“Because when the defendant entrusted a lawyer, he did not take into account the fact that He Ping and others have law enforcement rights.”

“After taking into account Zhou Li’s violation, they can take certain rights.”

“So based on this, He Ping’s behavior does not constitute unlawful infringement.”

“Since He Ping’s behavior does not constitute unlawful infringement, it shall be interpreted in accordance with the provisions of defensive behavior.”

“There is no unlawful infringement, or it is not in the process of unlawful infringement, and it cannot be used for defensive actions.”

“In other words, Zhou Li did not act defensively during the entire process.”

“Based on the above point of view, we believe that Zhou Li intentionally injured others and caused death.”

 “And is of such seriousness that it results in the death of a law enforcement officer.”

“Therefore, we apply to reject the defendant’s litigation lawyer’s statement.”

Su Bai: “???”

right!

 That’s right!

According to Cai Wanqiang's statement, there is indeed nothing wrong with the law enforcement process and does not constitute illegal infringement.

 Defense behavior is time-sensitive. Once the time for unlawful infringement has passed, the remaining time does not constitute legitimate defense.

 According to Cai Wanqiang, He Ping did not commit unlawful infringement.

to be honest.

The most important thing you want to follow is that level of identity.

 But...do urban management personnel have relevant law enforcement rights?

Su Bai refuted Cai Wanqiang’s description:

“I would like to ask the prosecutor, what are the relevant law enforcement rights of urban management personnel?”

“Does the urban management law enforcement power give them the right to push, beat or insult others?”

"No!"

“Then why did they beat, insult, and push Zhou Li?”

"This is not within the scope of the rights granted to them by the law. Why are they considered to be law enforcement?"

“Which law stipulates that they can beat, push, abuse and insult citizens?”

 “From another perspective.”

 “What is Zhou Li?”

 “Is Zhou Li a citizen?”

 “Belong!”

"Could it be said that because Zhou Li's professional nature is under the jurisdiction of He Ping and others, do they have other abilities that are not given rights by law?"

 “I would like to ask the prosecutor to answer my question!”

Facing Su Bai’s question, Cai Wanqiang frowned slightly.

 Looking at the table where the defendant's attorney was appointed, he didn't know how to answer for a moment.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)