As a Lawyer, You Sent the Judge In?

Chapter 272 Judges the exercise of law enforcement by dividing people into three, six or nine classes.

 Lin Youping asked about the purpose of identifying people to see how the prosecutor viewed the behavior of He Ping and others in this case.

 If it is considered that throughout the entire process, He Ping and others were identified as law enforcers.

Then it is inconsistent with the behavior of law enforcement officers and does not comply with relevant legal provisions.

 Because the law does not give them such rights.

 Why can they do this?

 This situation is similar to coercive enforcement.

 There are no special circumstances that require enforcement, and violence and other behaviors must not be used to maintain the rule of law and the law.

 This is a restriction imposed by the law in certain situations in order to protect ordinary citizens.

in other words.

Law enforcement officers can use force to uphold the law and the rule of law, but what will happen if the right of interpretation rests with individuals?

 The consequences are very serious.

.

 …

 The prosecutor determined that He Ping and others were acting as law enforcement officers. What do they say?

 If he is determined to be a law enforcer, then it will be until the next day.

Perhaps, public opinion will kill the prosecutor!

 So what can we only identify?

 It can only be determined that He Ping and others at that time put aside their status as law enforcers, violated relevant regulations from the perspective of an ordinary person, and engaged in a fight with Zhou Li.

  Even more so, He Ping, as a law enforcement officer, seriously violated the rules and had a dispute with ordinary personnel.

Facing the presiding judge’s question, Cai Wanqiang rubbed his brows, what should I say...

How should he answer this question? He couldn't answer at all! .

 ….

 At the presiding judge's seat, Lin Youping faced Cai Wanqiang's silence and continued to speak: "Please answer the question I asked the prosecutor."

 Cai Wanqiang felt a little headache when he heard the presiding judge's questioning again.

 In the end, he just gave an ambiguous answer: "The chief judge."

“The determination of this aspect needs to look at the specific circumstances and matters. The relevant matters have not yet been determined, so the prosecutor cannot provide an answer for the time being.”

Lin Youping glanced at Cai Wanqiang but said nothing. Then, he turned his eyes to the defendant's litigation seat:

“Is there anything else the defendant needs to say in response to this point?”

Su Bai said: "There is no more presiding judge."

“Then does the prosecutor have anything to add?”

 “There is no presiding judge.”

"OK."

At the bench, Lin Youping banged the gavel after listening to the defense opinions of both parties.

 “Adjourn the court!”

.

 ….

 Enter the adjournment stage.

 The court hearing scene fell into calm for the time being.

However, as the whole lawsuit only stated one paragraph of the lawsuit application during the court session, the complaining party and the entrusted lawyer for civil compensation.

 Slightly dissatisfied with the adjournment.

Xia Jingjing frowned and looked at the lawyer introduced to him by the urban management department:

“Lawyer Li...Now that the court is in recess, when the verdict is announced, do you have a rough idea of ​​whether Zhou Li will be sentenced to death?”

 “Well, almost.”

Xia Jingping continued: "Lawyer Li...if the presiding judge makes a judgment, can I speak out to refute it?"

“I am He Ping’s wife, so I should have the right to refute, right?”

 Li Xiong:.….

  ? ? ?

 What do you want to do by asking so seriously?

.

 ….

at the same time.

 This court hearing was held in public, in Luo Daxiang’s live broadcast room of the legal commentary.

 There are many old fans who are asking about this live broadcast.

 Because the previous discussion may be a little complicated and requires further explanation, the legal knowledge points involved.

Among them, many fans asked:

“Teacher Luo, I would like to ask, regarding this trial, it is obviously about He Ping.”

“Why does the prosecutor still bring up this case? What kind of behavior was it during the law enforcement process?”

 “I think this is completely unnecessary!”

“This is already within the scope of illegal law enforcement and is not allowed by law, but why does the prosecutor still raise such a point?”

“Or…Teacher Luo, do you think the collegial panel will adopt this point of view?”

Luo Daxiang noticed this problem and said with a smile: "This problem is mainly a judgment problem."

“Each presiding judge interprets the law differently. Sometimes, he does not make judgments according to the content of the law, but based on certain behaviors he understands, and then makes judgments based on the application of the law. "

“The main point of expression in the prosecutor’s statement, which is to be heard by the presiding judge, is to let the presiding judge know that the main point of conflict between Zhou Li and He Ping is caused by factors arising from law enforcement.”

“From this point of view, what the prosecutor stated makes sense, but...”

 “Su Bai is so good at catching things...”

 Luo Daxiang just recited the last sentence silently in his heart without saying it out loud.

“However, the point that Su Bai, the lawyer entrusted by the defendant, has always grasped is that even if the main conflict was caused by law enforcement, it was He Ping and others who beat him first.”

“The law does not give law enforcement officers the right to beat others.”

“It is also an illegal infringement, which is caused by personal reasons and requires corresponding liability.”

.

 …

Someone left a message in the comment area: "To put it bluntly, does it have something to do with the determination of unlawful infringement?"

“If it is in the process of law enforcement, can it not be judged as illegal infringement?”

 Luo Daxiang nodded: "Yes!"

"But what you said is not comprehensive. It is not in the process of law enforcement, but in determining whether He Ping's behavior was law enforcement at the beginning."

 Everyone in the comment area reacted after getting the accurate answer.

 Understand the previous arguments of Su Bai and Cai Wanqiang's defense.

.

 ….

at the same time.

 In the collegial court discussion room.

 Based on the mutual defense statements just made by the prosecutor and the lawyer appointed by the defendant.

Lin Youping already had a rough idea of ​​the dispute between the two parties.

 It’s just...

This judgment directly determines whether Zhou Li will be sentenced to death.

 From the legal perspective of the judgment of the first instance and the evidence and identification of the first instance.

 The basis of the first instance was that Zhou Li killed law enforcement officers, but did not consider it as an act of self-defense.

 Mainly because at that time, Zhou Li only hired a legal aid lawyer and did not consider this aspect.

 This time, in the second trial, Su Bai provided corresponding legal basis.

so.…

 He would also like to hear the opinions of the other two members of the collegial panel.

 The other two members of the collegial panel are Zhang Bo and Feng Yuan.

When Lin Youping asked the two for their views, both Zhang Bo and Feng Yuan expressed a point of view.

 That is—agree with Su Bai’s statement.

 Zhang Bo opened his mouth:

“Although He Ping was in the process of enforcing the law and within the time period of enforcing the law, it was his legal right to punish Zhou Li.”

“However, the use of force is not controlled by the law, and there are no conditions for it to exercise forceful law enforcement.”

“I actually agree with the defendant’s statement.”

"The law enforcement power does not mean that it can be used arbitrarily. If it is used arbitrarily, there may be huge hidden dangers for some ordinary people." "If the second instance judge the public prosecutor to win the lawsuit, then the influence is too great, maybe it may be given to it. If the law enforcement officers are given the illusion that they can enforce the law at will, then the law will not be able to restrain the law enforcement officers.”

“In other words: judging He Ping’s behavior as exercising legitimate law enforcement rights is equivalent to directly dividing people into 369 classes.”

“No matter what, I don’t agree with the conclusion that the prosecutor’s statement is correct!”

 Feng Yuan nodded: "I agree with Zhang Bo's statement."

“…There is a slight contradiction in the question raised by the prosecutor.”

“No matter how the prosecution accuses, it is impossible to say that this case determines that law enforcement rights outweigh other legal rights.”

“Vice President Lin, don’t you already have an idea in your mind?”

Feng Yuan smiled and said:

Regarding Zhang Bo and Feng Yuan’s statements, Lin Youping smiled and nodded: “I do have an idea.”

“I understand your point of view, and I also understand the most critical judgment of this case.”

“Let’s wait for the court to make relevant decisions.”

"Um."

 Zhang Bo and Feng Yuan nodded.

.

 ….

 Soon, the adjournment ended.

 The trial continued. The members of the collegial panel returned to the trial stage. Lin Youping sat on the presiding judge's seat and knocked the gavel.

 “The trial continues.”

“The collegial panel now summarizes the defense situation before the adjournment:”

“The prosecutor believes that in this case, Zhou Li committed murder intentionally, and determined that He Ping suffered intentional injury during the course of law enforcement.”

"The defendant's counterargument is that it was not Zhou Li who took the first step, but Zhou Li acted defensively, and believed that He Ping was not enforcing the law when he took action, but was venting his anger according to his own subjective wishes. mood."

“With respect to the above summary, do the prosecution and the defense think there is anything missing?”

 “Or is there anything else that needs to be added?”

Su Bai: "The collegial panel has summarized it well and there is nothing to add."

 Cai Wanqiang: “There is no need to continue to add.”

　　咚咚!

 The gavel struck.

“Neither the prosecutor nor the defendant have anything to add, and now the court will make the relevant judgment.”

“The collegial panel believes that during the incident of this case, He Ping did fall within the time point of law enforcement and was carrying out relevant law enforcement.”

“However, during his enforcement time, he did not enforce the law in accordance with the relevant requirements, and conflicted with other personnel Zhou Li.”

“In the process of conflicts, there are not only pushing and pushing behaviors, but also beatings.”

“Based on this, it can be seen that He Ping violated relevant legal provisions and beat others during law enforcement.”

“At this point in time, there is no problem during law enforcement, but the beating of others violates the law.”

“In this regard, the court determined that He Ping’s behavior did not constitute the exercise of law enforcement rights.”

“Does the prosecutor and the defendant have any objections to the above determination?”

 “No objection.…”

 “No objection.”

 Faced with such a clear judgment, neither Su Bai nor Cai Wanqiang had any objections.

This judgment is almost certain that Zhou Li’s behavior did not involve resistance or confrontation with law enforcement.

 In this way...the remaining problems will be much easier to solve.

　　　…

Su Bai took a deep breath and looked at Zhou Li. With such a judgment, Zhou Li's death penalty would definitely not be executed.

but.…

 It is an established fact that it caused the death of law enforcement officer He Ping.

 About this point, we still need to further discuss whether He Ping’s injury was intentional or a defensive act.

after all.…

 The presiding judge made a very clever decision. He only judged He Ping's situation at the time and it did not constitute the exercise of law enforcement rights.

  But it did not say that He Ping was committing illegal infringement at that time.

 The other side.

 Cai Wanqiang also has nothing to say about this judgment.

 The court determined that He Ping was not exercising law enforcement power at that time.

 Isn’t this certain?

If it is said that the person is exercising law enforcement power, doesn't it mean that law enforcement officers can beat others at will?

 The court's judgment is very strict and it certainly cannot be judged in this way.

From this point of judgment, it can also be seen that the court was inclined to the behavior of He Ping and others at that time, which was an unlawful infringement.

 Where are the main key points now?

 The main point is Zhou Li, whether it was intentional injury or other circumstances.

Cai Wanqiang rubbed his brows, but did not speak further before making a further statement.

At the prosecutor's seat, Xia Jingping turned around and asked, "Lawyer Li, if this is the case, is it possible that Zhou Li will not be sentenced to death?"

 “Well, it’s very possible.”

 After hearing these words, Xia Jingran stood up immediately.

“Presiding judge, you haven’t asked the prosecution if they have any objections...”

 “We have objections.”

“Killing to pay for one’s life and debts to pay back money. The defendant Zhou Li stabbed my husband to death, and my husband was under the special supervision of the city management.”

 “I cannot accept this judgment...”

“Why should the defendant Zhou Li be judged?”

At the trial table, Lin Youping looked at Xia Jingping at the prosecutor's table and spoke calmly.

 “Please, the prosecuting party, please calm down.”

“The key to judgment lies in the evidence and the circumstances caused by various factors.”

 “Killing for life also requires different situations...”

“The prosecution is also requested to appoint a lawyer who can appease the prosecution client’s emotions and explain the relevant legal provisions to him.”

“If this continues to affect the court hearing, the court may ask the prosecuting party to leave the court hearing in accordance with its jurisdiction.”

 “A good judge.”

After hearing what the presiding judge said, the entrusted lawyer hurriedly pulled Xia Jingping to sit down.

"Don't get excited...this is a court, not a place for quarreling."

“If you do this again, you will be kicked out of the court and you will not be able to raise any other claims.”

Xia Jingping sat in his seat after hearing the lawyer's words and the presiding judge's warning that he wanted to expel him from the court.

Look closely at the defendant's seat and the defendant's attorney's seat.

 I don’t know what I’m thinking about.

.

 …

 PS: During the double monthly pass period, please give me a monthly pass~

 (End of this chapter)