This time, Su Bai did not put forward a not-guilty defense in the courtroom, but a fixed-term sentence.

Because in this trial, according to the information and clues that are available.

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

Based on this, as well as the specific experience, Zhou Li's verdict must be guilty.

The not-guilty plea in this trial is impossible.

In this case, it is in the best interest of the client to defend the sentence reduction.

Of course.

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

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

But....

It is up to the presiding judge to decide how long this verdict will last.

.

…

And the fixed-term imprisonment proposed by Su Bai made the prosecutor Cai Wanqiang feel that Su Bai was simply nonsense!

TMD is!

Why....?

Because He Ping was a law enforcement officer at the time, although the law enforcement officer said that he had a certain fault, he was killed by relevant personnel in the process of law enforcement.

The death penalty in the first instance is a matter of course in Cai Wenqiang's view, and it should be sentenced like this.

So sentenced, no problem, no problem at all!

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

But....

The defense entrusted a lawyer, since it directly requested that the sentence be commuted to fixed-term imprisonment.

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

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

Cai Wanqiang spoke directly after hearing Su Bai's statement: "I want to ask, the defendant has entrusted a lawyer." ”

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

"Is there any basis for this?"

"The prosecution charged the defendant Zhou Li with the death penalty, mainly on the following points:"

"First: The defendant Zhou Li, during the law enforcement period of He Ping, a member of the Urban Management Bureau, used the fruit knife on his stall to pierce He Ping's chest."

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

"During Zhou Li's law enforcement period in the urban management bureau, he intentionally injured law enforcement officers, what kind of behavior is this behavior?"

"This kind of behavior is already an act of serious harm to others, and it is an act of seriously harming a law enforcement officer, resulting in the death of a law enforcement officer."

"To put it bluntly!"

"It means that Zhou Li confronted law enforcement officers throughout the whole process, and deliberately committed violence against law enforcement officers."

"From this point of view, Zhou Li's intentionality is established!"

"As a result, Zhou Li caused the death of a law enforcement officer."

"Based on the above-mentioned actions, the death of law enforcement personnel caused by the confrontation with law enforcement is intentional in nature, seriously affects society, and violates social public order, and the punishment should not be mitigated."

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

Not because of anything else ....

It's 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.

And it's not as Cai Wanqiang stated, it's not against law enforcement.

Just like Cai Wanqiang's statement, intentionally, it is complete nonsense.

Why?

Because in the whole process, this case was not caused by law enforcement, but by the conflict and contradiction of two people.

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

But in reality?

What is the actual situation?

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

It's not that Zhou Li came up with a knife at the beginning and did it.

The prosecutor's statement was made entirely from He Ping's point of view.

It is not stated from the perspective of objective facts.

According to the point stated by the prosecutor - Zhou Li intentionally harmed?

In fact, Zhou Li had no choice, he took the knife in the process of being beaten, wanted to resist, and wanted to protect himself.

Facing the prosecutor's response, Su Bai raised his hand and signaled:

"Presiding judge, I don't agree with the prosecution's statement, I would like to ask the party Zhou Li to describe the specific situation at the scene."

"You have to have specific circumstances to understand the relevant facts, rather than listening to one side arguing."

"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: "Agree with the application of the defendant's litigation lawyer." ”

"Please describe the situation at that time."

Lin Youping, as the chief judge of this trial, has no inclination towards this case.

is like the original Qi Feng case, the reason why he ruled Qi Feng not guilty.

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

In fact, Qi Feng's case has been guided by the Supreme People's Court and the Supreme People's Procuratorate, and has now been applied to some court judgments.

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

But then again, this time, he tried Zhou Li's case.

It was also Su Bai who defended on behalf of him, and he was also very curious and looking forward to what kind of views Su Bai would come up with to defend Zhou Li.

.

…

The gavel sounded.

On 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 in front of him, and described the general situation from his point of view.

"Presiding Judge, can I speak slowly?"

"Yes."

"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, and it is said to be a small shopping mall, but in fact, it is a stall set up in the mall, and the stall has a lot of money a month, which is provided to us vendors."

"My location is good and cheap, but in fact, many people are jealous."

"At that time, it was said that there might be leaders who would inspect our area and then ask us how to do it, to be compliant and compliant.... The grasp is relatively strict. ”

“.….”

As a small trader, Zhou Li is not too clear about certain legal knowledge points, or in other words, the legal interpretations that he explained at the trial that can make the presiding judge tendentious.

In the process of making a statement, the key process of the case has not been emphasized.

I've talked about it now, and it's probably about ten minutes.

If it goes on like this.... It is very likely to affect the presiding judge's control of key issues.

So Su Bai raised his hand and asked Zhou Li when he asked questions.

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

Immediately afterwards, Su Bai opened his mouth and asked Zhou Li:

"Based on what you just said, can you briefly explain the situation of the quarrel at that time and the contradictions?"

"Okay...."

Zhou Li nodded, and when he heard that it was Su Bai asking himself, he exhaled lightly and continued to speak.

"At that time, I complained a few words about the quarrel and the fight, and then several of them surrounded me and began to pick on my thorns, and even warned me not to set up a stall in the future."

"I asked them why?"

"I rent this stall every month, so why don't I set it up? They don't have the right to keep us from setting up a stall. ”

"Although this area is indeed under their control, they can't let us set up stalls at will."

"I didn't say anything about changing stalls, and now I won't be allowed to set up a stall again, not only have I accumulated things at home in my heart, but I am even more angry when there is a conflict that day."

"And then I got into a fight with them."

"The more noisy it became, the more they wanted to rob my stall, saying that I had some violations, and I didn't agree and scuffled with them."

"I'm definitely not the upper hand compared to them alone, and then I'll go under the knife...."

Su Bai continued to speak: "So what was this knife originally for?" ”

"This knife.... Originally, it was used to peel fruit, because there were other stalls next door with better people, sometimes they would give some fruit or something, and sometimes some people would not be able to find their tools for a while, and I would sometimes lend them this knife to cut something. ”

"Is there any evidence to prove what you say?"

"Yes, yes, the neighbors all know about it, and I have been using this knife for a long time, and I don't take it home, I always keep it in the stall."

Su Bai continued to ask the key question: "So what kind of situation were you in during the process of impulsively committing the murder at that time, can you elaborate on this?" ”

"And why did you go under the knife?"

"Under what circumstances did you go under the surgery, and what was your mood at the time?"

Facing Su Bai, these key questions, Zhou Li was silent for a few seconds, and then said everything in 1510.

"At that time, it was a few of them who did it to me, and I really had no choice...."

"He Ping is the one who beat me the hardest and fiercest, I have experienced so many things in my family at that time, I am very depressed, and now I am beaten again, and then I think of my grievances for so long, and I want to stop them from continuing to beat me."

"At that time, my brain was hot, and I went to get a knife."

"When I was holding the knife, they were still there scolding me, scolding me for letting me go, stabbing them to death if they had any ability, and warning me to be careful in the future and not to set up a stall here."

"He Ping relied on his height, and even came over to push me and punched me."

"And then there's the follow-up...."

Su Bai: "According to what you said, it was you who first had verbal contradictions, and then physical contradictions. ”

"A couple of people on the other side beat you together, and then you used the knife to fight back and protect yourself, right?"

"yes, I was thinking that they were too bullying!"

"Okay!"

"Then I would like to ask if you did it first or they did it first at the beginning."

"This...."Zhou Li hesitated for a few seconds: "At that time, they were scolding, and then I angrily stepped forward to reason with them, and then we pushed each other. ”

"I remember they were the ones who pushed it first."

"Okay."

"Thank you for your answer."

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

"Based on Zhou Li's answer just now, combined with the corresponding evidence provided by the law enforcement party and the testimony of passers-by and other factual evidence."

"It can be seen that Zhou Li's answer just now did not have any tendencies, and the answer was completely based on his own subjectivity."

"In the whole process of the case, it can be clearly seen that the main fault party is not Zhou Li."

"Because in the initial process, Zhou Li only complained verbally, then fined, and then under the push and shoving of others, he scuffled together, and suffered a loss."

"It doesn't take a long time to get the knife, and the knife is not prepared in advance."

"This matter can also be seen as completely conclusive, Zhou Li is just acting in defense."

"According to the relevant discourse of defense, the unlawful infringement is in the process of being committed."

"Are the others beating Zhou Li? Yes! ”

"Has this illegal infringement been stopped?"

"Nope!"

"Under this condition, Zhou Li took the knife, and the other party still carried out verbal violence, and even had a great tendency to carry out violent actions."

"In this act...."

"Zhou Li counterattacked several personnel, and he Ping's behavior was harmful."

"Based on this, we do not believe that we are in the nature of intentional harm, both in terms of injury and in terms of the nature of willfulness."

"There is no subjective intent or harm."

"We apply to the presiding judge to determine that this act is an act of self-defense."

Faced with Su Bai's statement, prosecutor Cai Wanqiang frowned.

Regarding this defensive behavior, he did not fail to think about it.

But!

Su Bai ignored the most important point, what is the most important point of this?

The most important point is the question of Ho Ping's identity.

On the issue of setting up stalls, He Ping has the right to enforce the law.

There's nothing wrong with that!

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

In response to Su Bai's defensive behavior, Cai Wanqiang has something to say.

"I don't agree with the lawyer's point of view entrusted by the defense."

"Why?"

"Because the defendant entrusted a lawyer, it did not take into account the nature of He Ping, that is, He Ping has the right to enforce the law."

"In consideration of Zhou Li's violations, they can take certain rights."

"So based on this, then He Ping's behavior is not an unlawful infringement."

"Since the conduct of He Ping is not an unlawful offense, it should be interpreted according to the clause in the act of defense."

"There is no unlawful offense, or it is not in the process of unlawful offense, and it cannot be used in self-defense."

"In other words, in the whole process, Zhou Li did not act as a precaution."

"Based on the above point of view, we believe that Zhou Li is intentionally injuring people and causing death."

"And it was a serious death to a law enforcement officer."

"As a result, we apply to dismiss the statements of the defendant's litigation lawyer."

Su Bai: "??? ”

Right!

That's right!

According to Cai Wanqiang's statement, there is indeed no fault in the process of law enforcement, and it is not an illegal infringement.

The act of defense is time-limited, and once the time of the unlawful infringement has passed, the remaining time is not justified defense.

According to Cai Wanqiang's statement, He Ping is not an illegal infringement.

Plainly.

The main thing I want to follow is that identity.

But.... Do urban management personnel have the relevant law enforcement rights?

Regarding Cai Wanqiang's description, Su Bai refuted:

"I would like to ask the public prosecutor, what are the relevant law enforcement rights of the chengguan officers?"

"Does the chengguan law enforcement power give them the right to push and beat or verbally abuse others?"

"Nope!"

"Then why did they beat or insult and push Zhou Li?"

"This is not within the scope of the rights granted to them by the law, so how can their actions be determined to be law enforcement acts?"

"Which law gives them the right to beat, push, or insult a citizen?"

"On the other hand."

"What is Zhou Li?"

"Is Zhou Li's a citizen?"

"Belong!"

"Could it be that the nature of Zhou Li's profession is governed by He Ping, and they have other abilities that do not have the rights granted to them by law?"

"I want to ask the prosecutor to answer my question!"

Facing Su Bai's inquiry, Cai Wanqiang frowned slightly.

Looking at the lawyer's seat entrusted by the defense, he didn't know how to answer for a while.

.

….

PS: Ask for a monthly pass~

(End of chapter)