You became a lawyer and sent the judge in?

Chapter 270 Ask again, why? !

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

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 must be found guilty.

A plea of ​​not guilty in this trial was unattainable.

In this case, it is most beneficial to the parties to argue for a reduced sentence.

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 prison sentence 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 first-instance verdict of death was a matter of course in Cai Wenqiang's opinion, and that was how he should be sentenced.

That’s the verdict, 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 that the sentence be reduced 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 appointed a lawyer."

"How did you determine that this crime was relatively minor?"

"Is there any basis?"

"The prosecutor charged the defendant Zhou Li with the death penalty for the following main points:"

"First: Defendant Zhou Li used the fruit knife on his stall to pierce He Ping's chest while He Ping, a member of the Urban Management Bureau, was enforcing the law."

"As a result, He Ping injured key parts of his body, resulting in his ultimate death."

"During the period when Zhou Li was enforcing the law of the Urban Management Bureau, he intentionally harmed the law enforcement officers. What kind of behavior is this?"

"This kind of behavior is already a serious injury to others, and it is a behavior that seriously injures 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 public order. The punishment should not be reduced."

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

Not because of anything else...

Just because Cai Wanqiang's statement has some truth, but not much!

Judging from the results, Zhou Li did cause He Ping's death, but there was a reason for that.

And it is not as Cai Wanqiang stated, it is not confrontation with law enforcement.

Just like what Cai Wanqiang stated, in terms of intentionality, it is complete 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 seemed that Zhou Li deliberately resisted law enforcement officers.

But actually?
What actually happened?
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 and doing it right from the beginning.

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."

"Only when there are specific circumstances can we understand the relevant facts, 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 the person involved, Zhou Li, to describe the situation at that time."

As the chief judge of this trial, Lin Youping 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 decisions.

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

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

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

The gavel sounded.

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

"Presiding Judge, 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 cost a lot of money a month and are provided to us traders."

"My location is good and it's cheap. In fact, many people are jealous of it."

"What was said at the time was that some leaders might inspect our area and then ask us to do something and comply with the regulations... and the enforcement would be relatively strict."

"..."

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

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

I've talked about it for about 10 minutes now.

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.

Lin Youping agreed to Su Bai's suggestion.

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 fight, and then several 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 be allowed to 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 have things at home accumulated, but also the conflicts that day occurred, and I'm even more angry."

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

"Compared to them alone, I definitely wouldn't have the upper hand, and then 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 Sometimes I would lend them this knife to sharpen something.”

"Is there any evidence to support what you said?"

"Yes, yes, the neighbors all know about it. Also, I have 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 did 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 questions, and then spoke out in detail.

"It was several 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 beating me."

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

"When I took the knife, they were still there scolding me, scolding me and telling me to get out, and stabbing them to death if they dared. 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 happened 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 take action, or were they?"

"Well..." Zhou Li hesitated for a few seconds: "They were cursing and cursing, and then I angrily stepped forward to argue with them, and we pushed each other afterwards."

"I remember they were the ones pushing 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."

"During the entire process of the crime, it was obvious that the main fault party was not Zhou Li."

"Because at the beginning of the process, Zhou Li only complained verbally, and then imposed a fine. Then he was pushed by others, got into a fight, and suffered a loss."

"It didn't take long to get the knife, and the knife wasn't prepared in advance."

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

"According to relevant discussions on defense, illegal 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 personnel and acted in a manner that was harmful to He Ping."

"Based on this, we believe that we do not have the nature of intentional injury, whether from the perspective of injury or 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 like he hasn't thought about this defensive behavior.

but!

Su Bai ignored the most important point. What is the most important point?
The most important point is about 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. It could even be said that the unlawful infringement had stopped at that time.

Cai Wanqiang had something to say about this defensive behavior proposed by Su Bai.

"I don't agree with the defense attorney's view."

"why?"

"Because the lawyer entrusted by the defendant did not take into account one property, that is, He Ping and others have law enforcement rights."

"Taking into account Zhou Li's violations, they can take certain rights."

"So based on this, He Ping's behavior does not constitute illegal infringement."

"Since He Ping's behavior does not constitute unlawful intrusion, it should be interpreted in accordance with the provisions of defensive behavior."

"There is no illegal infringement, or it is not in the process of illegal 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 points of view, we believe that Zhou Li intentionally injured people and caused death."

"And was of such severity that it resulted in the death of a law enforcement officer."

"Therefore, we apply to dismiss the defendant's litigation lawyer's statement."

Su Bai: "???"

Correct!
That's right!

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

Defense actions are 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 illegal infringement.

to be honest.

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

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

Regarding Cai Wanqiang's description, Su Bai refuted:

"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 provides for their right to beat, push, and abuse 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 inquiry, Cai Wanqiang frowned slightly.

Looking at the defendant's attorney's seat, I didn't know how to answer for a moment.
.
....
PS: Please give me a monthly ticket~
(End of this chapter)