You became a lawyer and sent the judge in
Chapter 275 The court statement is completed and the verdict is reached!
Chapter 275 The court statement is completed and the verdict is reached!
court presentation stage.
Lin Youping banged the gavel and said: "The defense of the relevant judgments and relevant factual basis in this trial has been completed."
"Does the parties have any other objections?"
Su Bai: "No objection."
Cai Wanqiang: "No objection."
"..."
After receiving no objections from all parties, Lin Youping spoke again:
"Since there are no objections from all parties, court presentations will now begin."
"Please invite the prosecutor to begin the court statement."
All judgments have now been completed.
court presentation stage.
It means that the trial has reached the final critical moment.
The key point in this court presentation is this.
How should the sentence be determined for the relevant impact 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 the court is different from the facts determined by the prosecutor.
During this court hearing, just go back and discuss with your colleagues whether it is necessary to protest or apply for a resentencing.
However, you still have to bear your own responsibility in determining the sentence.
Thinking of this, Cai Wanqiang opened his mouth to make relevant court statements.
"Presiding judge, our court statement is as follows:"
"We will not discuss the specific process of this case here. We only want to discuss this issue from the perspective of social influence."
"This case has aroused widespread public opinion issues. The main public opinion issue is the relationship between law enforcers and those subject to law enforcement."
"same."
"Law enforcers may be killed due to some inappropriate factors during the entire period of law enforcement."
"But no matter what, the law enforcer was killed."
"It can be said that the situation caused by this is very huge, and the circumstances involved are very serious."
"I hope that the judges can consider this and the identity of the deceased, so as to analyze the process and situation of the entire case and decide the relevant sentence."
"..."
"Judge, we have finished our statement."
After Cai Wanqiang finished his statement, Lin Youping turned his attention to the prosecution.
"The prosecution has finished its statement. Now please start the prosecution's statement."
to be frank.
Regarding this statement, Li Xiong didn't know what particularly powerful point he should make.
What are the main key points of the court statement?
It is explained from one's own situation, so that the presiding judge agrees with his point of view.
But the current situation is that the prosecution does not have much to say.
It can only be stated from the identity of the deceased, or from the family of the deceased, and the mental loss suffered by the family of the deceased.
"President, the prosecution party, as a family member of the deceased He Ping, has suffered huge mental losses."
"He Ping is not too old. He Ping's death has a profound impact on his family..."
"..."
Regarding Li Xiong's court statement, Lin Youping nodded.
The statement from the family aspect involves more issues in civil compensation.
After Li Xiong finished his statement, Lin Youping turned his attention to the defendant's seat.
"Please ask the defendant or the lawyer appointed by the defendant to make a final court statement."
After hearing the presiding judge's request for a statement, Su Bai took a deep breath.
The last part of this trial has come, the court statement.
The statement was mainly about finding favorable aspects and commuting Zhou Li's sentence.
Thinking over.
Su Bai spoke slowly: "We will not make any defense for the death caused by our legitimate defense."
"President, I just want to go over the entire process in court so that we can better understand the relevant factual issues."
"What we have been pursuing in this trial is the issue of legal equality."
"Although in the eyes of many people, law enforcement officers should have law enforcement rights, but the law enforcement officer is an ordinary citizen, and other personnel are also ordinary citizens."
"I acknowledge that from a law enforcement perspective, there may be some difficult incidents to deal with that require the use of some special powers."
"But these special rights do not refer to the use of these special rights against ordinary citizens who have no ability to resist and have 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 created conditions that made it difficult for law enforcement."
"Then Zhou Li should be sentenced harshly."
"However, in this case, that is not the case."
"What's the truth?"
"The fact is that under the circumstances and related specific conditions at the time, Zhou Li was actually in a relatively weak position."
"Let's analyze it from an objective point of view. Facing the crowd of law enforcement officers, how can Zhou Li, an adult male who is less than 1.7 meters tall and weighs about 60 kilograms, face a group of people who are over 1.7 meters tall and weigh over 65 kilograms? People?"
"While being beaten, he didn't have much means to resist."
"So you can only use sharp weapons to defend yourself to embolden yourself, or to protect yourself."
"In addition, in terms of some means of survival."
"His life depends on such a stall. From an objective point of view, if he is not used to being bullied, or he is bullied severely, who would think that the few people in the family still need to support themselves and would be impulsive? , will you attack?"
"Most people would just think that I should endure it a little longer. After all, I still have old people and children to support."
"After all, the urban management department is the direct management department of the stall. If the stall disappears, Zhou Li also knows very well that it will be very difficult for him to support his family in the future."
"Here, I want to state one more thing, that is, apart from the support expenses for the elderly, the food and accommodation expenses for the family, and the medical expenses for his children, Zhou Li's monthly income is very little."
"Then if he wasn't forced into a hurry, would he dare to offend the urban management officials? You know, setting up a stall is his livelihood. If he loses the source of income from setting up a stall, how will his family live?"
"To be precise, if it weren't for the fact that there was really no other way, he wouldn't have dared to offend the urban management personnel."
"As a party involved, Zhou Li may not have been particularly comprehensive in some aspects. The above are my relevant supplements." "I also ask the presiding judge to consider this aspect and take appropriate precautions against Zhou Li's excessive defense." When a person dies, many aspects can be considered to determine the final verdict.”
"Judge, my statement is over."
After listening to Su Bai's statement, Lin Youping nodded, then stood up and banged the gavel.
"Close the court!"
"The verdict will be announced in a week. After the verdict is announced, the verdict will be issued to all parties."
Ring the gavel in Lin Youping.
Su Bai breathed a sigh of relief and closed the court to delay the announcement of the verdict.
This means that the collegial panel may not have an accurate sentence determination for this case, and further discussion is needed.
The prosecutors and prosecutors were not surprised at all when they received the news that the sentencing was postponed.
However, the audience watching this trial seemed a little anxious.
"Why don't you announce the verdict immediately after the court adjournment? I don't quite understand. I just want to ask, this situation is already obvious. Can the verdict be announced in court?"
"That's right! I still want to know what the verdict is? Can anyone explain it?"
"As for the relevant people, let me explain. The reason why there is no in-court judgment in this case is because there are still many things that have not been clarified."
"For example, if there are conditions for reaching an understanding with the prosecution, and the prosecution is willing to reach an understanding, then they must discuss in private whether an understanding can be reached."
"Another point is that the impact involved in this case is a bit large. There may be many other aspects that the collegial panel needs to consider, and then it makes an announcement and waits until later to make a judgment."
"I understand, I understand!"
.
....
the other side.
Su Bai and Li Xuezhen walked out of the court hearing.
As Zhou Li's wife, Xiao Hong followed Su Bai with worry on her face: "Lawyer Su..."
"This case has not been decided in court, so will my old Zhou...will something happen?"
Su Bai smiled and shook his head: "Don't worry, basically there won't be any other problems. Just wait quietly for the verdict to be sent."
"However...the most important thing about this case is the issue of civil compensation."
"The collegial panel did not make an in-court judgment, probably because there was no corresponding understanding in terms of civil judgment compensation."
"So we still need to prepare for negotiations on civil compensation, and then the court will issue a criminal judgment."
"Okay, thank you, Lawyer Su..."
"But how much does this civil compensation cost? I'll prepare it..."
Su Bai was silent for a few seconds on this question, and then spoke again: "It takes a lot of money before the other party is willing to reach an understanding. This is the other party's request."
"But it can't be too high. The court will mediate."
“This depends on the specific circumstances and matters.”
"Ok, I see.…"
Xiao Hong nodded: "As long as you are not sentenced to death."
.
....
Wait until you leave the courthouse.
soon.
Just as Su Bai thought, the day after the court was closed.
The court hired a mediator to mediate on civil compensation.
However... Xia Jingping seems to be very sensitive to money.
The opening price directly demanded 70 yuan in compensation.
However... the court determined the division of responsibilities for civil compensation and found that the relevant compensation liability issues did not reach the compensation fee of 70 yuan.
And Xiao Hong couldn't afford 70 yuan in compensation at all.
But no matter what the court and Xiao Hong said, Xia Jingping disagreed.
"I don't care. My previous offer of 200 million was rejected. Now I want 70, which isn't too much, right?"
"At least 70 yuan in understanding fee!"
"I'm not even willing to forgive you for missing a penny!"
Xia Jingran seems a bit arrogant when it comes to money.
In the end, the court had no choice. Since Xia Jingping was unwilling to reach an understanding, it would definitely make a judgment based on the situation in which no understanding was reached.
The judgment issued to all parties described in detail the manner, methods, and related prison terms on how to make determinations.
"..."
"In this case, He Ping still attacked Zhou Li even though he knew that Zhou Li was holding a knife, thereby acquiescing to He Ping's subjective and intentional aggression."
"Because Zhou Li was beaten by a group of He Ping and others before, he maintained a certain degree of rationality and illegally violated him."
"During the process of taking out the knife, the illegal intrusion stopped, but He Ping continued to attack (punching Zhou Li)."
"Under objective conditions, it is determined that the illegal infringement continues."
"That is, Zhou Li's defensive behavior was achieved."
"Zhou Li's defensive behavior resulted in He Ping's death, which was excessive and serious."
"Taking into account the particularity of this case, Zhou Li is sentenced to four years and six months in prison, suspended for one year."
Looking at the contents of the verdict, Su Bai smiled.
It must be said that Lin Youping, as the presiding judge, gave a very humane sentence.
Those who cause death due to excessive defense shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Especially when it involves relevant law enforcement officials, it is a vicious incident no matter what.
The sentence of four years in prison was considered to be a one-year suspended sentence, and factors within Zhou Li's family were also taken into consideration.
and.…
This determination takes into account the lack of understanding.
In other words, as the presiding judge, Lin Youping was indeed thoughtful and comprehensive.
The judgment was also very detailed and there were basically no major problems.
.
....
From the defendant's perspective, this verdict is good.
But from Xia Jingping's point of view, she believed that this verdict was definitely a result of the presiding judge collecting dirty money!
Xia Jingping hurriedly contacted Li Xiong: "Lawyer Li, you should have read this judgment, right?"
"I think this presiding judge is very likely to collect money from the other party."
"Let's go report it!"
Li Xiong:? ? ?
Are you OK?
PS: During the double monthly pass period, please give me a monthly pass~
(End of this chapter)
court presentation stage.
Lin Youping banged the gavel and said: "The defense of the relevant judgments and relevant factual basis in this trial has been completed."
"Does the parties have any other objections?"
Su Bai: "No objection."
Cai Wanqiang: "No objection."
"..."
After receiving no objections from all parties, Lin Youping spoke again:
"Since there are no objections from all parties, court presentations will now begin."
"Please invite the prosecutor to begin the court statement."
All judgments have now been completed.
court presentation stage.
It means that the trial has reached the final critical moment.
The key point in this court presentation is this.
How should the sentence be determined for the relevant impact 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 the court is different from the facts determined by the prosecutor.
During this court hearing, just go back and discuss with your colleagues whether it is necessary to protest or apply for a resentencing.
However, you still have to bear your own responsibility in determining the sentence.
Thinking of this, Cai Wanqiang opened his mouth to make relevant court statements.
"Presiding judge, our court statement is as follows:"
"We will not discuss the specific process of this case here. We only want to discuss this issue from the perspective of social influence."
"This case has aroused widespread public opinion issues. The main public opinion issue is the relationship between law enforcers and those subject to law enforcement."
"same."
"Law enforcers may be killed due to some inappropriate factors during the entire period of law enforcement."
"But no matter what, the law enforcer was killed."
"It can be said that the situation caused by this is very huge, and the circumstances involved are very serious."
"I hope that the judges can consider this and the identity of the deceased, so as to analyze the process and situation of the entire case and decide the relevant sentence."
"..."
"Judge, we have finished our statement."
After Cai Wanqiang finished his statement, Lin Youping turned his attention to the prosecution.
"The prosecution has finished its statement. Now please start the prosecution's statement."
to be frank.
Regarding this statement, Li Xiong didn't know what particularly powerful point he should make.
What are the main key points of the court statement?
It is explained from one's own situation, so that the presiding judge agrees with his point of view.
But the current situation is that the prosecution does not have much to say.
It can only be stated from the identity of the deceased, or from the family of the deceased, and the mental loss suffered by the family of the deceased.
"President, the prosecution party, as a family member of the deceased He Ping, has suffered huge mental losses."
"He Ping is not too old. He Ping's death has a profound impact on his family..."
"..."
Regarding Li Xiong's court statement, Lin Youping nodded.
The statement from the family aspect involves more issues in civil compensation.
After Li Xiong finished his statement, Lin Youping turned his attention to the defendant's seat.
"Please ask the defendant or the lawyer appointed by the defendant to make a final court statement."
After hearing the presiding judge's request for a statement, Su Bai took a deep breath.
The last part of this trial has come, the court statement.
The statement was mainly about finding favorable aspects and commuting Zhou Li's sentence.
Thinking over.
Su Bai spoke slowly: "We will not make any defense for the death caused by our legitimate defense."
"President, I just want to go over the entire process in court so that we can better understand the relevant factual issues."
"What we have been pursuing in this trial is the issue of legal equality."
"Although in the eyes of many people, law enforcement officers should have law enforcement rights, but the law enforcement officer is an ordinary citizen, and other personnel are also ordinary citizens."
"I acknowledge that from a law enforcement perspective, there may be some difficult incidents to deal with that require the use of some special powers."
"But these special rights do not refer to the use of these special rights against ordinary citizens who have no ability to resist and have 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 created conditions that made it difficult for law enforcement."
"Then Zhou Li should be sentenced harshly."
"However, in this case, that is not the case."
"What's the truth?"
"The fact is that under the circumstances and related specific conditions at the time, Zhou Li was actually in a relatively weak position."
"Let's analyze it from an objective point of view. Facing the crowd of law enforcement officers, how can Zhou Li, an adult male who is less than 1.7 meters tall and weighs about 60 kilograms, face a group of people who are over 1.7 meters tall and weigh over 65 kilograms? People?"
"While being beaten, he didn't have much means to resist."
"So you can only use sharp weapons to defend yourself to embolden yourself, or to protect yourself."
"In addition, in terms of some means of survival."
"His life depends on such a stall. From an objective point of view, if he is not used to being bullied, or he is bullied severely, who would think that the few people in the family still need to support themselves and would be impulsive? , will you attack?"
"Most people would just think that I should endure it a little longer. After all, I still have old people and children to support."
"After all, the urban management department is the direct management department of the stall. If the stall disappears, Zhou Li also knows very well that it will be very difficult for him to support his family in the future."
"Here, I want to state one more thing, that is, apart from the support expenses for the elderly, the food and accommodation expenses for the family, and the medical expenses for his children, Zhou Li's monthly income is very little."
"Then if he wasn't forced into a hurry, would he dare to offend the urban management officials? You know, setting up a stall is his livelihood. If he loses the source of income from setting up a stall, how will his family live?"
"To be precise, if it weren't for the fact that there was really no other way, he wouldn't have dared to offend the urban management personnel."
"As a party involved, Zhou Li may not have been particularly comprehensive in some aspects. The above are my relevant supplements." "I also ask the presiding judge to consider this aspect and take appropriate precautions against Zhou Li's excessive defense." When a person dies, many aspects can be considered to determine the final verdict.”
"Judge, my statement is over."
After listening to Su Bai's statement, Lin Youping nodded, then stood up and banged the gavel.
"Close the court!"
"The verdict will be announced in a week. After the verdict is announced, the verdict will be issued to all parties."
Ring the gavel in Lin Youping.
Su Bai breathed a sigh of relief and closed the court to delay the announcement of the verdict.
This means that the collegial panel may not have an accurate sentence determination for this case, and further discussion is needed.
The prosecutors and prosecutors were not surprised at all when they received the news that the sentencing was postponed.
However, the audience watching this trial seemed a little anxious.
"Why don't you announce the verdict immediately after the court adjournment? I don't quite understand. I just want to ask, this situation is already obvious. Can the verdict be announced in court?"
"That's right! I still want to know what the verdict is? Can anyone explain it?"
"As for the relevant people, let me explain. The reason why there is no in-court judgment in this case is because there are still many things that have not been clarified."
"For example, if there are conditions for reaching an understanding with the prosecution, and the prosecution is willing to reach an understanding, then they must discuss in private whether an understanding can be reached."
"Another point is that the impact involved in this case is a bit large. There may be many other aspects that the collegial panel needs to consider, and then it makes an announcement and waits until later to make a judgment."
"I understand, I understand!"
.
....
the other side.
Su Bai and Li Xuezhen walked out of the court hearing.
As Zhou Li's wife, Xiao Hong followed Su Bai with worry on her face: "Lawyer Su..."
"This case has not been decided in court, so will my old Zhou...will something happen?"
Su Bai smiled and shook his head: "Don't worry, basically there won't be any other problems. Just wait quietly for the verdict to be sent."
"However...the most important thing about this case is the issue of civil compensation."
"The collegial panel did not make an in-court judgment, probably because there was no corresponding understanding in terms of civil judgment compensation."
"So we still need to prepare for negotiations on civil compensation, and then the court will issue a criminal judgment."
"Okay, thank you, Lawyer Su..."
"But how much does this civil compensation cost? I'll prepare it..."
Su Bai was silent for a few seconds on this question, and then spoke again: "It takes a lot of money before the other party is willing to reach an understanding. This is the other party's request."
"But it can't be too high. The court will mediate."
“This depends on the specific circumstances and matters.”
"Ok, I see.…"
Xiao Hong nodded: "As long as you are not sentenced to death."
.
....
Wait until you leave the courthouse.
soon.
Just as Su Bai thought, the day after the court was closed.
The court hired a mediator to mediate on civil compensation.
However... Xia Jingping seems to be very sensitive to money.
The opening price directly demanded 70 yuan in compensation.
However... the court determined the division of responsibilities for civil compensation and found that the relevant compensation liability issues did not reach the compensation fee of 70 yuan.
And Xiao Hong couldn't afford 70 yuan in compensation at all.
But no matter what the court and Xiao Hong said, Xia Jingping disagreed.
"I don't care. My previous offer of 200 million was rejected. Now I want 70, which isn't too much, right?"
"At least 70 yuan in understanding fee!"
"I'm not even willing to forgive you for missing a penny!"
Xia Jingran seems a bit arrogant when it comes to money.
In the end, the court had no choice. Since Xia Jingping was unwilling to reach an understanding, it would definitely make a judgment based on the situation in which no understanding was reached.
The judgment issued to all parties described in detail the manner, methods, and related prison terms on how to make determinations.
"..."
"In this case, He Ping still attacked Zhou Li even though he knew that Zhou Li was holding a knife, thereby acquiescing to He Ping's subjective and intentional aggression."
"Because Zhou Li was beaten by a group of He Ping and others before, he maintained a certain degree of rationality and illegally violated him."
"During the process of taking out the knife, the illegal intrusion stopped, but He Ping continued to attack (punching Zhou Li)."
"Under objective conditions, it is determined that the illegal infringement continues."
"That is, Zhou Li's defensive behavior was achieved."
"Zhou Li's defensive behavior resulted in He Ping's death, which was excessive and serious."
"Taking into account the particularity of this case, Zhou Li is sentenced to four years and six months in prison, suspended for one year."
Looking at the contents of the verdict, Su Bai smiled.
It must be said that Lin Youping, as the presiding judge, gave a very humane sentence.
Those who cause death due to excessive defense shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Especially when it involves relevant law enforcement officials, it is a vicious incident no matter what.
The sentence of four years in prison was considered to be a one-year suspended sentence, and factors within Zhou Li's family were also taken into consideration.
and.…
This determination takes into account the lack of understanding.
In other words, as the presiding judge, Lin Youping was indeed thoughtful and comprehensive.
The judgment was also very detailed and there were basically no major problems.
.
....
From the defendant's perspective, this verdict is good.
But from Xia Jingping's point of view, she believed that this verdict was definitely a result of the presiding judge collecting dirty money!
Xia Jingping hurriedly contacted Li Xiong: "Lawyer Li, you should have read this judgment, right?"
"I think this presiding judge is very likely to collect money from the other party."
"Let's go report it!"
Li Xiong:? ? ?
Are you OK?
PS: During the double monthly pass period, please give me a monthly pass~
(End of this chapter)
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