Prosecutor's seat.

For Su Bai's statement and rhetorical question, Cai Wanqiang was silent for a few seconds.

From the point of view of the law of enforcement power and law enforcement definition.

In this case, the law enforcement rights of urban management personnel refer to the management of vendors.

There are no other enforcement actions.

Other enforcement actions include the demolition of Zhou Li's stall and other acts such as pushing and shoving Zhou Li.

For this, Cai Wanqiang is understood.

But his definition of the enforcement process refers to the process as a whole.

The overall process is to punish Zhou Li and order him to collect the stalls, which is a process of law enforcement.

In the process.

Zhou Li's verbal complaints and other behaviors are part of the process of resisting law enforcement.

The two people have different perspectives, but from a factual and objective point of view.

Su Bai's statement is a little more detailed, and through further understanding of the details, it can be clearly seen that pushing and shoving and other behaviors are indeed not law enforcement behaviors of urban management personnel.

Cai Wanqiang also knew very well in his heart that he would definitely not agree with the pushing and shoving behavior of the urban management personnel at the trial, which was a law enforcement behavior.

Because this lawsuit is a public trial, this is the northern capital, if this kind of thing happens in the northern capital.

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

Therefore, in response to Yu Subai's question about the jurisdiction of He Ping's person just now, can it be regarded as equivalent to He Ping's ability to push, beat, and other acts against Zhou Li.

At this point, Cai Wanqiang definitely needs to deny it.

Otherwise.... This trial has been transmitted to the Internet, which has caused huge public opinion, which will bring huge pressure to the judiciary.

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

"We deny this as stated by the defendant's litigation lawyer.

This is not what the defense litigators understand.

Therefore, I am not easy to answer the questions raised by the defendant's litigation lawyers, and I can only analyze them from my point of view. ”

"What I have just stated is not to say that the right of He Ping is equivalent to the right to push and beat."

"Because of the different powers that are divided."

"So the rights that should be had are different, the defense lawyer. The interpretation of this point is a complete misreading. ”

"What I mean by this statement is that in the course of this trial, He Ping and others were carrying out their own law enforcement acts, which caused the criminal acts."

"For example, for Zhou Li's punishment, including the management of Zhou Li's booth, these are the corresponding scope of law enforcement, and the defense litigation lawyer thinks there is no problem with this, right?"

Su Bai spoke: "There are no other problems. ”

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

What's the question about this?

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

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

"In the whole process of the case, we are in the process of law enforcement."

"It is true that He Ping and others have improperly enforced the law, but they are law enforcement officers after all."

"In the exercise of their own function of managing the vendors, in this process, there may be certain violations, but they are indeed exercising their own functional behavior."

"In this regard, there is no problem with Ho Ping's behavior."

"Based on the above, we determined that this case is still Zhou Li's act of intentional injury."

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

He understands the other person's thoughts, and the other party's ideas are simple.

That is, if it is a case of sudden intentional injury resulting in death caused by conflict and contradiction.

In this case, the relevant crime will be determined according to the specific situation and circumstances.

It is very likely that Zhou Li will be judged to have intentionally injured.

Plainly!

It is very important that Zhou Li's harm is not in the process of law enforcement.

Of course.

This point is from Cai Wanqiang's point of view.

As a prosecutor, Cai Wanqiang did not want to see Zhou Li sentenced to prison terms.

Therefore, it has been emphasized that Zhou Li resisted law enforcement, emphasizing that He Ping belonged to the identity of law enforcement officers at that time.

The purpose is simple.

It is so that Zhou Li can obtain a heavier criminal punishment.

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

Deny Su Bai's defensive behavior.

As I have already said, the act of defence is in the process of an unlawful offense.

If it is emphasized, the conduct of He Ping is an improper violation of the law in the implementation of law enforcement acts.

In this case, He Ping and others do need to have a certain degree of responsibility, but they do not have the subject to bear criminal responsibility.

Other words....

If the court can take into account the violation, it is in the process of law enforcement, and there is no illegal infringement, Zhou Li will be sentenced to at least one life imprisonment!

It's a bit tricky to figure out this idea, but that's the general idea.

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

"According to the prosecutor's previous statement, can He Ping's conduct be judged to be a right to assault others in the course of law enforcement."

"Is assaulting other people part of the law enforcement process?"

"I would like to ask the prosecutor to be able to answer that."

It's still the same question from before, which made Cai Wanqiang still silent.

As the presiding judge, Lin Youping has a general understanding of the current atmosphere at the trial scene.

Then the hammer was struck, and a brief summary of the current elaboration of the two sides was made.

Plainly.

In this trial, the statement just made was 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 illegal infringement.

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

Then, Zhou Li's confrontation with law enforcement as an indirect result, as well as the death of law enforcement officers.

There will definitely be a need for a heavy sentence.

However, if it is an unlawful infringement, then Zhou Li's act can be regarded as an act of defense.

This is the key issue for both sides!

Immediately afterwards, Lin Youping spoke: "In response to the statements of the prosecution and the defendant's litigation lawyers, the collegial panel has conducted relevant hearings. ”

"There are a couple of questions to ask right now."

"The lawyer entrusted by the defendant, and you stated that in the course of this case, it was an illegal infringement, is there any basis for it, or is there a legal interpretation of this, can you make a clear statement?"

"Yes, Presiding Judge."

Su Bai glanced at the prepared litigation materials and continued to speak: "According to the law enforcement and management rights of urban management——"

"There is no provision in the relevant regulations that relevant persons can beat, push and shove the vendors."

"During the entire course of the case, He Ping, as the relevant manager, did not provide guidance and instructions in accordance with the law."

"It's about selectively enforcing the law according to the individual's temperament."

"It's no longer within the scope of law enforcement."

"Because there are no relevant regulations within the scope of law enforcement management and law enforcement—you can beat others, or verbally abuse others."

"Based on the above."

"In other words, the law does not give such rights to Ho Ping."

"If they don't have the right to be granted by law, why can't they be regarded as an unlawful assault if they beat others?"

"If it is not regarded as an unlawful infringement, does it mean that the law gives them rights? Or can they escape the rights conferred by the law and belong to persons who are not subject to the law? ”

"Law enforcement must be warm and within the scope of the law, if it does not comply with the scope of the law, then it is an illegal infringement."

"Presiding Judge, this is my answer."

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

He began to ask the prosecutor how he determined that He Ping's actions were violations of law enforcement rights.

Cai Wanqiang's statement was also very simple, and he slowly spoke after sorting out the materials:

"We believe that the actions of He Ping and others are violations of law enforcement rights, mainly because of——"

"At the beginning, He Ping had the right to govern Zhou Li's stall."

"In this case, He Ping and others targeted Zhou Li's stall and caused the incident in the process of jurisdiction and handling."

"Based on this...."

"It can be seen as a violation in the process of law enforcement."

Violations....?

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

He had previously come across a particular case, the case of forced women.

Originally, the law enforcement officers were in the process of arresting and encountered a criminal who had not yet been fully dressed.

When the law enforcement officers saw the criminals, they were young and beautiful, and they became lustful.

So a criminal act was committed.

It's similar to this case, and it's also in the process of law enforcement.

The same violation was carried out.

Well, this law enforcement officer got lustful, forced the woman's will, and had a relationship.

Is it a violation, or is it a crime?

Apparently!

It's definitely a crime!

The public prosecutor made a statement from the irregularities in the course of law enforcement, which is properly a scoundrel.

Su Bai couldn't help but speak: "Then I want to ask the prosecutor." ”

"Is there any necessary connection between violations and violations of the law in the course of law enforcement?"

"What is a breach alone?"

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

"There was a verbal altercation between the two sides, followed by pushing and fighting."

"This kind of pushing and shoving is not a violation."

"He violated the rights and interests of our client."

"I just want to ask the prosecutor one question."

"Is there any law that clearly states that law enforcement officers can push and beat a normal citizen who is not guilty?"

"Didn't you?!"

"So it's not a simple violation, it's a crime!"

"Because the power to enforce the law does not mean the right to immunity from crime!"

Bench on the judging table.

Cai Wanqiang wanted to say something, but was knocked back by Lin Youping with a gavel.

"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 answer what identity the prosecutor determined He Ping was in the process of this case?" ”

"Is it determined as a law enforcement officer, or as a brawl?"

Cai Wanqiang after hearing this question from the presiding judge.

I was stunned for a moment.

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

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

Isn't this question a good one for me?

How do I answer this!

Facing the presiding judge's question, Cai Wanqiang rubbed his eyebrows, and didn't know how to answer this question for a while.

Because....

The answer to this question is directly related to the decision of the defense just elaborated!

PS: During the double commuter pass, ask for a commuter pass~

At night or in the early hours of the morning, a daily extra~

(End of chapter)