As a Lawyer, You Sent the Judge In?

Chapter 271 Law enforcement power does not mean immunity, do you understand?

 At the prosecutor's seat.

 Cai Wanqiang was silent for a few seconds in response to Su Bai's statement and rhetorical question.

 From the legal perspective of law enforcement power and law enforcement definition.

 The law enforcement rights of urban management personnel, in this case, refer to the management of stalls and vendors.

  There are no other enforcement actions.

 Other law enforcement actions here refer to the demolition of Zhou Li’s stall, pushing and shoving of Zhou Li and other actions.

 Cai Wanqiang understands this.

  But his definition of the law enforcement process refers to the overall process.

 The overall process is to punish Zhou Li and order him to close his stall, etc. This is a process of law enforcement.

during this process.

 Zhou Li's verbal complaints and other actions were considered a process of resisting law enforcement.

 The perspectives of the two people are different, but from a factual and objective perspective.

Su Bai gave a more detailed statement, and through further detailed understanding, it can be clearly seen that pushing and other behaviors are indeed not law enforcement behaviors of urban management personnel.

 Cai Wanqiang also knew very well that during the court hearing, he would definitely not agree that the pushing behavior of the urban management personnel was an act of law enforcement.

 Because this lawsuit is a public trial and this is Beidu, if this kind of thing happens in Beidu.

 So for the public opinion of the judicial system, it is in a very bad position.

Therefore, Yu Su Bai just asked about He Ping's jurisdictional rights, can it be regarded as equivalent to He Ping's pushing and beating Zhou Li?

 This point must be denied by Cai Wanqiang.

  Otherwise...if this trial was posted online and caused huge public opinion, it would put tremendous pressure on the judiciary.

 After sorting out his thoughts, Cai Wanqiang opened his mouth to state:

“We deny this point stated by the defendant’s litigation lawyer.

This question is not what the defendant’s litigants understand.

 So I can’t answer the questions raised by the defendant’s litigation lawyers. I can only analyze them from my perspective. "

“What I just stated is not that He Ping and others have the right to jurisdiction, which is equivalent to having the right to push and beat.”

 “Because the divided powers are different.”

“So the rights that should be possessed by the defendant are different. The interpretation of this point is completely misunderstood.”

“What I am saying is that during the course of this court trial, He Ping and others were carrying out their own law enforcement actions, which resulted in the crime.”

“For example, the punishment of Zhou Li, including the management of Zhou Li’s stall, are within the corresponding scope of law enforcement. Do you think the defendant’s litigation lawyer has no problem with this?”

Su Bai said: "There are no other questions."

  It is indeed within the competence of urban management personnel to manage and punish stalls.

 Any questions about this?

Of course there is no problem, but Su Bai is curious about how the other party will refute this point.

 After hearing that Su Bai had no other questions, Cai Wanqiang continued to state:

“During the entire incident, we were in the process of law enforcement.”

“He Ping and others did engage in improper law enforcement, but they are law enforcement officials after all.”

“While performing their functions of managing vendors, there may be certain irregularities in the process, but they are indeed performing their functions.”

“In this regard, there is no problem with He Ping’s behavior.”

“Based on the above, we determined that this case was still an act of intentional injury by Zhou Li.”

After listening to Cai Wanqiang's statement, Su Bai smiled.

 He understands what the other person is thinking, and the other person’s idea is very simple.

 That is if it is a case of sudden intentional injury resulting in death caused by conflicts and contradictions.

 In this case, the relevant crimes will be determined based on the specific scenes and circumstances.

 It is very likely that Zhou Li will be judged to have committed intentional injury.

to be honest!

 It is very important whether Zhou Li's harmful behavior was in the process of law enforcement.

certainly.

 This point is from Cai Wanqiang’s perspective.

 As a public prosecutor, Cai Wanqiang did not want to see Zhou Li sentenced to fixed-term imprisonment.

 Hence, Zhou Li's confrontation with law enforcement has been emphasized, and He Ping's status as a law enforcement officer at that time has been emphasized.

 The purpose is simple.

 It was to enable Zhou Li to receive a heavier criminal penalty.

 The main reason why Cai Wanqiang emphasized that it is in the process of law enforcement.

  Deny the defensive behavior proposed by Su Bai.

As mentioned just now, defensive behavior occurs during the occurrence of unlawful infringement.

 If the emphasis is on success, the behavior of He Ping and others was an improper violation in the implementation of law enforcement.

So in this case, He Ping and others do need to have certain responsibilities, but they do not have to be the subject of criminal responsibility.

 That is to say...

If the court can take into account the violation and there is no illegal infringement during the law enforcement process, Zhou Li will be sentenced to at least a life sentence!

It's a bit troublesome to figure out this idea, but the general guideline is this.

 In response to Cai Wanqiang's rebuttal, Su Bai stated again: "I still want to ask the prosecutor that question."

“According to the prosecutor’s previous statement, can He Ping’s behavior be judged as exercising the right to beat other people during law enforcement?”

“Is beating other people a part of law enforcement?”

 “I would like to ask the prosecutor to answer this point.”

 It was the same question as before. This question made Cai Wanqiang remain silent.

 As the presiding judge, Lin Youping already has a general understanding of the current atmosphere at the court hearing.

 Then the hammer was struck and the current explanations of both parties were briefly summarized.

to be honest.

 In this trial, the statement just made is the first key point.

 That is - whether the behavior of He Ping and others is a violation within the scope of law enforcement, or an unlawful infringement.

 If it is the former, it is a violation within the scope of law enforcement.

So, Zhou Li indirectly resisted law enforcement and caused the death of law enforcement officers.

  There is definitely a need for heavy sentencing. However, if it is an illegal infringement, then Zhou Li's behavior can be regarded as a defensive behavior.

 This is a key issue discussed by both parties!

Immediately afterwards, Lin Youping spoke: "The collegial panel has already conducted relevant hearings on the statements made by the prosecutor's and defendant's litigation lawyers."

 “There are several questions that need to be asked now.”

“The defendant has entrusted a lawyer to state that you believe that the infringement was unlawful during the course of this case. Is there any basis for this, or is there a legal explanation for this? Can you state it clearly?”

 “Yes, Chief Judge.”

Su Bai glanced at the prepared litigation materials and continued: "In accordance with the urban management law enforcement and management rights—"

“The relevant regulations do not stipulate that relevant personnel can beat or push vendors.”

“During the entire incident, He Ping and others, as relevant managers, failed to provide guidance and instructions in accordance with legal provisions.”

“But to selectively enforce the law according to personal temperament.”

“This is no longer within the scope of law enforcement.”

“Because there are no relevant provisions within the scope of law enforcement management and law enforcement—you can beat others, or verbally abuse others, etc.”

"based on above."

“In other words, the law does not give He Ping this right.”

“There is no legal right, so if they beat others, why can’t they be regarded as unlawful infringement?”

"If it is not regarded as illegal infringement, does it mean that the law gives them rights? Or that they can escape the rights given by the law and are people outside the jurisdiction of the law?"

“Enforcement must be tempered and must be within the scope of the law. If it is not within the scope of the law, it is an unlawful infringement.”

 “President, this is our answer.”

After Su Bai finished his statement, the presiding judge Lin Youping nodded slightly at the presiding judge's seat, and then looked at the prosecutor's seat.

 Beginning to ask the prosecutor how he determined that the behavior of He Ping and others was a violation of law enforcement rights.

Cai Wanqiang’s statement was also very simple. After sorting out the materials, he slowly spoke:

“We believe that the behavior of He Ping and others is a violation of law enforcement rights, mainly because-”

“At the beginning, He Ping and others had jurisdiction over Zhou Li’s stall.”

“In this case, He Ping and others were involved in the incident while exercising jurisdiction over and handling Yu Zhou Li’s stall.”

 “Based on this...”

 “Can be regarded as violations in the process of law enforcement.”

Irregularities.…?

 Hearing the prosecutor's statement, Su Bai suddenly remembered other cases.

 He had previously encountered a special case, the case of forced women.

　　It turned out that during the arrest process, law enforcement officers encountered a criminal who was not fully dressed.

 The law enforcement officers became lustful when they saw the criminal, who was young and beautiful.

 Then a criminal act was committed.

 Similar to this case, it was also in the process of law enforcement.

  The same violation was committed.

So, the law enforcement officer became lustful and forced the woman to have **** against her will.

 Is it a violation of regulations or a criminal act?

 Obviously!

 It must be a criminal act!

 The public prosecutor made a statement based on the irregularities in the law enforcement process, which is completely rogue.

Su Bai couldn't help but said: "Then I would like to ask the prosecutor."

“Is there any necessary connection between violations in the law enforcement process and illegal and criminal acts?”

 “What does the violation refer to alone?”

  “In the statement just now, it has been very clear.”

“There was a verbal altercation between the two parties, followed by pushing and fighting.”

“This type of pushing and shoving is not a violation.”

 “He has violated the rights and interests of our client.”

 “I just want to ask the prosecutor a question.”

“Is there any law that clearly states that law enforcement officers can push and beat a normal citizen who has not committed any crime?”

"no?!"

 “So this is not a simple violation, it is a crime!”

“Because law enforcement power does not mean immunity from crime!”

 At the judgment seat.

Cai Wanqiang originally wanted to say something, but was knocked back by Lin Youping's hammer.

“The prosecutor will not speak for the time being.”

 “I’m here to ask the prosecutor.”

Lin Youping turned the page of the litigation materials in front of him.

Continue to speak: "Can the prosecutor please answer what identity the prosecutor believes He Ping had during the course of this case?"

“Should I be identified as a law enforcement officer or as a fighter?”

Chai Wanqiang after hearing this question from the presiding judge.

　　I was stunned for a moment.

Presiding Judge, you are a judicial officer and a court officer.

 There is an inevitable connection between the prosecutor and the court.

Isn’t this question really troubling me?

 How should I answer this!

Facing the presiding judge’s question, Cai Wanqiang rubbed his brows and didn’t know how to answer this question for a moment.

because.…

The answer to this question is directly related to the judgment of the defense just explained!

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 At night or early in the morning, a daily extra will be posted ~

 (End of this chapter)