Court Presentation Stage.

Lin Youping rang the gavel and spoke: "This trial has completed the defense for the relevant judgments and relevant factual basis. ”

"Do you have any other objections?"

Su Bai: "No objection. ”

Cai Wanqiang: "No objection. ”

“.….”

After getting no objections from all parties, Lin Youping spoke again:

"Now that there is no objection from all parties, the court case will now begin."

"Ask the prosecution to begin the court case."

Now all aspects of the judgment have been completed.

Court Presentation Stage.

It means that the trial has reached the last critical moment.

The key point of this court statement is that:

How should the sentence be determined for the relevance of Zhou Li's excessive defense.

Cai Wanqiang didn't think much about the fact that the first-instance verdict could not be upheld in this trial.

If the case is lost, it means that there is a discrepancy between the facts found by the court and the prosecution.

After this trial, I will discuss with my colleagues whether there is a need to protest or apply for a heavy sentence.

However, they still have to bear their own responsibilities in determining the length of the sentence.

Thinking of this, Cai Wanqiang opened his mouth to make a relevant court statement.

"Presiding Judge, I am courting the court to state as follows:"

"We will not discuss the specific process of this case, we only want to discuss this issue from the influence of society."

"This case has caused a wide range of public opinion issues, and the main public opinion issue is the relationship between the law enforcer and the person who is enforced by the law."

"Equally."

"During the entire period of law enforcement, law enforcers may be killed due to certain inappropriate factors."

"But in any case, the enforcers were killed."

"This can be said to create a very huge situation, and the situation involved is very serious."

"I hope that the adjudicators can consider this point of view, take into account the identity of the deceased, so as to analyze the process and scenario of the entire case and decide the relevant sentence."

“.….”

"Presiding Judge, we've finished our statement."

After Cai Wanqiang finished his statement, Lin Youping turned his attention to the prosecution.

"Now that the prosecution has finished its case, please let the prosecution begin its case."

Let's be honest.

For this kind of statement, Li Xiong did not know what particularly strong points should be stated.

What are the main key points of the court statement?

It is to explain from one's own situation, so that the presiding judge agrees with his own point of view.

But as it stands, the prosecution doesn't have much to say.

It can only be stated in terms of the identity of the deceased, or from the family of the deceased, and the moral damage suffered by the deceased's family.

"The presiding judge, the accuser, as the family of the deceased He Ping, has suffered huge mental losses."

"He Ping's age is not too big, He Ping's death has a deep impact on his family..."

“.….”

Regarding Li Xiong's court statement, Lin Youping nodded.

The statement from the family side is more about the issue of civil compensation.

After Li Xiong's statement was finished, Lin Youping set his sights on the defendant's seat again.

"Ask the defendant or the defendant to retain a lawyer to make the final court statement."

After hearing the presiding judge ask for a statement, Su Bai took a deep breath.

In this trial, the last link came, the courtroom statement.

The statement was mainly to find favorable aspects and commute Zhou Li's sentence.

Finished thinking.

Su Bai slowly spoke: "We don't make any defense against the fact that our legitimate defense caused death. ”

"Presiding judge, I just want to re-guide the whole process in the courtroom so that I can better understand the relevant factual issues."

"In this trial, what we have been pursuing is the issue of legal equality."

"Although in the eyes of many people, law enforcers should have the right to enforce the law, but the law enforcer is an ordinary citizen, and other personnel are also ordinary citizens."

"I acknowledge that from the perspective of law enforcement, there may be some difficult incidents that require the use of special rights."

"But these special rights do not refer to the use of these special rights to ordinary citizens who have no ability to resist and no other special functions."

"If Zhou Li took the initiative to attack in this case, or took the initiative to provoke the relevant urban management personnel, he deliberately formed conditions that are difficult to enforce the law."

"Then, Zhou Li should be sentenced heavily."

"However, in this case, this is not the case."

"What are the facts?"

"The fact is that in the context of the time and the specific conditions involved, Zhou Li was actually in a relatively weak position."

"Let's analyze it from an objective point of view, in the face of law enforcement officers, how can Zhou Li, as an adult male with a height of less than 1.75 meters and a weight of about 60 kilograms, face a group of people who are more than 1.75 meters tall and weigh more than 65 kilograms?"

"During the beating, he didn't have much to resist."

"So you can only use sharp weapons to defend yourself to strengthen your courage, or to protect yourself."

"In addition, in terms of some means of survival."

"His life is counting on such a stall, from an objective point of view, if he is not used to being bullied, or he is bullied ruthlessly, who thinks that those people in the family still need to raise themselves, will be impulsive, will attack?"

"Most people's thoughts will only be that I endure it a little longer, after all, I still have old people and children to raise."

"After all, the chengguan is the direct management department of the stall, if there is no stall, then Zhou Li is also very clear in his heart, if he wants to support his family in the future, it will be very difficult."

"Here, I want to state one more thing, that is, Zhou Li's monthly income is not much left in addition to the maintenance expenses of the elderly, the food and accommodation expenses of the family, and the medical expenses of his own children."

"So if he hadn't been forced to be in a hurry, would he dare to offend the chengguan staff? You know, setting up a stall is his livelihood, if he loses the source income of the stall, how will his family live? ”

"To be precise, if it weren't for the fact that there was no way, he wouldn't dare to offend the chengguan personnel at all."

"As a party, Zhou Li's statement may not be particularly comprehensive in some aspects, and the above is a supplement to my relevance."

"I also ask the presiding judge to consider this aspect, and to consider many aspects of Zhou Li's excessive defense that caused death, and decide the final verdict."

"Presiding Judge, my statement is over."

After listening to Su Bai's statement, Lin Youping nodded, and then stood up and rang the gavel.

"Closed!"

"The verdict will be announced in a week's time, and after the verdict is announced, the verdict will be distributed to all parties."

Ring the gavel in Lin Youping.

Su Bai exhaled lightly and closed the court to delay the announcement of the verdict.

That means that the collegial panel may not have yet determined an accurate sentence for this case, and it needs to be discussed again.

The prosecution and prosecution were not surprised to receive the news of the postponement of the verdict.

It's just that the audience watching this trial seemed a little anxious.

"Why did the court adjourn and pronounce the verdict when it was not appropriate? I don't understand it too well, so I'll just ask, this situation is already obvious, and the verdict can be announced in court, right? ”

"That's right! Do you want to see how it should be decided? Can anyone explain? ”

"When it comes to the relevant personnel, let me answer the question, the reason why the court judgment is not made in this situation is because there are still many things that have not been sorted out."

"For example, if there are conditions for reaching an understanding with the prosecution, and the prosecution is willing to reach an understanding, then it must be discussed privately whether an understanding can be reached."

"Another point is that the impact involved in this case is a bit large, and there may be more other aspects that the collegial panel needs to consider, and then announce it, and wait until then the verdict will be made."

"Understood, understood!"

.

….

The other side.

Su Bai and Li Xuezhen walked out of the courtroom.

Xiao Hong, as Zhou Li's wife, followed Su Bai, her face full of worry: "Lawyer Su...."

"This case has not been adjudicated in court, so is my old Zhou .... Something will happen? ”

Su Bai shook his head with a smile: "Don't worry, basically there won't be any other problems, just wait quietly for the verdict to be sent." ”

"But.... The most important point in this case is that it is about civil compensation. ”

"The collegial panel did not make a judgment in court, probably because it did not receive corresponding understanding in terms of civil judgment compensation."

"So we still need to prepare for the negotiation of civil compensation, and then the court will issue a criminal judgment."

"Okay, thank you, Lawyer Su...."

"Still. How much does this civil compensation cost? I'm going to get ready...."

Su Bai was silent for a few seconds on this question, and then spoke: "It depends on how much money it takes for the other party to be willing to reach an understanding, this is the other party's appeal." ”

"But it can't be too high, the court will mediate."

"This depends on the situation and the matter."

"Okay, I see...."

Xiao Hong nodded: "As long as you don't get sentenced to death." ”

.

….

Wait until after leaving the courthouse.

Soon.

As Su Bai thought, on the second day of the closing of the court.

The court brought in a mediator to mediate the civil compensation.

But.... Xia Ningning seems to be very sensitive to money.

opened the price, and directly asked for 700,000 yuan in compensation.

But.... In terms of the division of civil compensation, the court determined that the relevant liability for compensation could not reach the compensation cost of 700,000 yuan.

And Xiao Hong couldn't come up with 700,000 yuan in compensation at all.

But no matter what the court said to Xiao Hong, Xia Ningning disagreed.

"I don't care, the previous proposal of 2 million was rejected, and now I want 700,000 is not too much, right?"

"At least 700,000 forgiveness fees!"

"I don't want to forgive even a penny less!"

Xia Ningning seemed a little arrogant in terms of money.

In the end, there is nothing the court can do, since Xia Ningning is unwilling to reach an understanding, it must be judged according to the situation of not reaching an understanding.

The judgment issued to the parties describes in detail how the determination will be made, the method and the relevant sentence.

“.….”

"In this case, He Ping attacked Zhou Li even though he knew that Zhou Li was holding a knife, thus acquiescing in He Ping's subjective and intentional aggression."

"Because Zhou Li was beaten by He Ping's group before that, he maintained a certain degree of sanity and illegal infringement against him."

"In the process of taking the knife, the illegal infringement stopped, but because of He Ping's continued attack (gave Zhou Li a punch)."

"Under objective conditions, it is determined that the unlawful infringement continues."

"That is, Zhou Li's defensive behavior has been achieved."

"Zhou Li's defensive behavior resulted in He Ping's death, reaching the level of excessive defense and serious circumstances."

"Considering the particularity of this case, Zhou Li was sentenced to four years and six months in prison, suspended for one year."

Looking at the content of the verdict, Su Bai smiled.

I have to say that Lin Youping's judgment as the presiding judge is very humane.

Death caused by excessive self-defense shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Especially when it comes to the relevant law enforcement personnel, it is a vicious incident anyway.

The sentence of four years in prison can be regarded as a one-year suspended sentence, which also takes into account the factors in Zhou Li's family.

Moreover....

This decision takes into account the absence of understanding.

In any case, Lin Youping, as the presiding judge, was indeed thoughtful and comprehensive.

The verdict is also very detailed, and there are basically no major problems.

.

….

From the perspective of the defense, this verdict is good.

But from Xia Ningning's point of view, she thinks that this verdict is definitely the presiding judge's collection of black money!

Xia Jingning hurriedly contacted Li Xiong: "Lawyer Li, you should have read this verdict, right?" ”

"I think it's very likely that the presiding judge will take money from the other party."

"Let's report it!"

Li Xiong: ???

Are you okay?

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

(End of chapter)