If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 248 They are not performing official duties

Stabbed by the urban management?

When they heard this, Ren Zhen and Chang Jiahang were already stunned.

Could anyone really be so bold now? Stab someone in broad daylight? And he's still a city manager?

It's not that the urban management officials are bad, but when they go out to work, a bunch of people should go together, so he stabbed someone in front of other urban management officials?

Qin Haiguang laid the groundwork for a long time, but when it came to the end, he was concise and concise, telling the result in a few sentences.

"Intentional homicide. Is the city manager dead?"

Ren Zhen asked cautiously.

"He's dead. He stabbed her in the neck."

Ren Zhen's eyes darkened. The public prosecutor's office prosecuted this person for intentional homicide, which was not a loss.

"Lawyer Ren, you said that if they really sentence my son to death, what's the point of us, the old couple, living?"

Tian Jiaqing wiped away her tears, and Qin Haiguang also looked miserable.

"This"

Ren Zhen didn't know what to say.

"Lawyer Ren, this is all the money we have. After we paid for that scoundrel to start the business, there isn't much left. You can take it first. If it's not enough, we can collect it later."

Qin Haiguang took out a cloth bag from his pocket, shook the banknotes of different denominations on the table, smoothed them out one by one, and handed them to Ren Zhen.

Although I didn't count them carefully, at a glance, I saw that there were almost ten thousand pieces.

"Ugh"

Ren Zhen hesitated for a while and pushed the money back: "I will handle this case as a legal aid, and I won't charge you any money."

"what?"

Qin Haiguang and Tian Jiaqing were stunned for a moment, then waved their hands: "How can this be done?

Lawyer Ren quickly took it away. Although we have no ability and cannot make money, we can’t be poor because we have nothing but ambition.

We know that you are a very good lawyer, and your fees are definitely not cheap. We are lucky to have you, so how can we still make you lose money?

Collect it quickly, collect it quickly. "

"No need, this is not about poverty and ambition. You are old enough to be my parents. You only have this little family. If you give it all to me, do you think I can sleep at night?"

Ren Zhen was a little helpless, mainly because the case was not controversial at first sight. Even if he defended it, it would have minimal impact on the outcome.

If Qin Yingjie's final punishment is still very severe, Qin Haiguang's money spent is actually meaningless.

Listening to Qin Haiguang and Tian Jiaqing, they were from the countryside. Ren Zhen didn't dare to think that if he really accepted the money, these two old people might not even be able to afford a small hotel worth 20 yuan. Maybe today I have to sleep in a bridge cave at night.

Anyway, he has not yet completed his charity target for this year, so he will use this case to boost his performance.

Of course, the kind without money.

Qin Yingjie's case has been prosecuted, and there is no point in communicating with the prosecutor. Ren Zhen went to the Public Prosecution Court to meet with the prosecutor, briefly exchanged opinions, and after copying the file, Ren Zhen came to the detention center.

"My lawyer?"

Qin Yingjie was obviously a little surprised when he was brought over to see Ren Zhen, and then he quickly remembered something: "Did my parents invite you?

Didn't it say that the court could appoint something? Why did they still ask for it?

How can they still have money?

Lawyer, please return your money to them. I won’t let you defend yourself, okay? I’m waiting for the court to give me free ones.”

As soon as he introduced himself, Qin Yingjie talked a lot, and soon concerns about attorney fees arose.

Seeing his reaction, Ren Zhen sighed inwardly.

After all, the less money you have, the easier it is to be overwhelmed by life.

Judging from the file, Qin Yingjie had a conflict with the city management to prevent him from towing away his tricycle.

But that tricycle actually only costs a few hundred yuan. In Ren Zhen's eyes, something worth a few hundred yuan is gone if it's gone.

But in Qin Yingjie's eyes, it was a meal guy. He had just bought it a few days ago. Without it, he wouldn't even know where to earn money for the next day's meal.

Right now, maybe Qin Yingjie also knows that he will most likely be sentenced to death, and doesn't want his parents to incur unnecessary expenses.

"This is also legal aid. Your parents didn't spend any money."

Ren Zhen said this first so that Qin Yingjie didn't need to worry about money, otherwise the conversation would be impossible.

"Then please tell me the specific situation at the scene."

The information copied from the Public Prosecution Court included a video of the crime scene, but Ren Zhen hadn't had time to watch it yet.

"There's not much to say. The urban management team will come every day to collect things. If you run slowly, they will be taken away."

After confirming that his parents had not spent any money, Qin Yingjie calmed down a little and answered dully:

“I had only set up a stall in that place for two days, and I was not very familiar with the area. When the city management came, my response was slow.

After they stopped me, they wanted to take away my things. You said they would take away the stove and the pots, but they insisted on taking away the tricycle. It was a new car I just bought two days ago. If it was taken away, I would take it back in the future. What business?

I was hooked instantly."

Having said this, Qin Yingjie lowered his head, feeling very depressed:

"Now that I think about it, I was too impulsive. No matter what happens, the urban management is in charge of this. It was wrong for me to use the knife."

"I read in the file that you were already resisting with a knife when they collected the car. Is this true?"

Faced with Ren Zhen's question, Qin Yingjie simply thought about it and nodded:

“More than a dozen of them surrounded me and I begged them to let me keep the car.

Although I had a knife at the time, I didn't do anything and kept begging them, but they still took my car away.

When I saw the tricycle being loaded onto the truck, I remembered that someone had managed to get the tricycle back at the end, so I went up to try again to see if I could get it back.

The urban management officer stretched out his hand to stop me. I thought he was going to arrest me, but when I remembered that sometimes they would arrest people and detain them, I panicked. I raised my hand casually, and I didn't know where it hit. "

"When you poked him, didn't you think about killing him?" "How could you!"

Qin Yingjie panicked: "I have no enmity with him. This is the first time we met. How could I kill someone just because of this?

Actually, I can’t remember exactly what I was thinking at the time. It was so chaotic. I became confused when I saw the blood. When I saw the chaos, I turned around and ran away from the alley next to me. "

Coming out of the detention center, Ren Zhen sighed.

"Ren Lu, Qin Yingjie seems to have committed murder intentionally, right?"

Chang Jiahang frowned and thought: "Although he said he had no intention of killing the urban management officer, we also believe that he did not have this idea before, but the part where he stabbed the person's neck was too obvious."

"If he is really convicted of intentional homicide in the end, he may be sentenced to death."

Ren Zhen sighed: "I see that the public prosecution has also charged him with obstructing official duties. He also has the plot to escape. With the concurrent punishment for several crimes, there is basically no room for change in this case.

Let’s go back and study the research materials and watch the live video before talking. "

Court date.

The killing of urban management officials by street vendors is a hotly debated topic. In order to prevent uncontrollable factors at the court hearing, the judge decided after soliciting opinions from all parties before the trial that no other unrelated persons would be allowed except for close relatives of the parties involved in the case. People entered the court to observe.

"The defendant Qin Yingjie, male, born on X month XX, 199X, Han nationality, was criminally detained on X month X, 20XX on suspicion of intentional homicide. He is currently detained at XX Detention Center in H City.

The Public Prosecution Court of H City, Province C, accused defendant Qin Yingjie of intentional homicide and obstruction of official duties in Indictment No.

This court formed a collegial panel in accordance with the law, with Cheng Chuanlei as the presiding judge, Wen Lihua and Feng Huaiwen as the judges, and the case was heard in public.

The H City Public Prosecution Court appointed prosecutors Luo Xiaowei and Tong Zhongkai to appear in court to support the prosecution. The defendant Qin Yingjie and his litigation agents Ren Zhen and Chang Jiahang attended the court to participate in the proceedings.

Did the defendant Qin Yingjie apply to recuse himself from the relevant persons in the court? "

"Don't apply."

Qin Yingjie shook his head dully.

“The trial has begun, and now we enter the court investigation phase.

Ask the prosecutor to read out the indictment. "

Luo Xiaowei stood up: "The defendant Qin Yingjie, male, 199X.

After investigation in accordance with the law, it was found that at about 20:16 on the afternoon of June , XX, the urban management team of XX District of our city was enforcing the law on the roadside on the west side of the Commercial Electronics City. According to the law, Qin Yingjie’s tricycle was illegally selling sausages there.

During the enforcement process, Qin Yingjie once held a knife and asked the law enforcement officers surrounding him not to take away the tricycle.

When the law enforcement officers carried Qin Yingjie's tricycle to the law enforcement vehicle, Qin Yingjie held a knife and stabbed Li Shizhong, deputy captain of the XX Urban Management Team, in the neck. Qin Yingjie escaped, but Li Shizhong died after being sent to the hospital for emergency treatment.

The evidence for the above facts is as follows:

Evidence preservation list, situation description, crime scene law enforcement recorder video

This court held that the defendant Qin Yingjie resisted law enforcement with a knife during the enforcement of the law by the XX Urban Management Unit, which was a violation of the law by using violence and threats to prevent state agency staff from performing their duties in accordance with the law, and was suspected of obstructing official duties.

The defendant Qin Yingjie deliberately stabbed Li Shizhong in the neck with a knife when his tricycle was being loaded into a law enforcement vehicle, causing his death. This constituted illegal deprivation of another person's life and was suspected of intentional homicide.

Defendant Qin Yingjie's behavior has violated the provisions of Articles 234 and 277 of our country's Criminal Law, constituting the crime of intentional homicide and the crime of obstructing official business. He is requested to be sentenced by the court in accordance with the law! "

The facts of this case are too clear, especially the video of the law enforcement scene, which clearly recorded the entire process of the case, so the prosecutor did not spend much time describing the facts.

"Defendant Qin Yingjie and defense lawyer, do you have any objections to the facts and charges charged by the prosecutor?"

As the judge's voice sounded, everyone looked at Qin Yingjie.

In the auditorium, Li Shizhong's family members had complicated eyes. They were the most painful people in the court.

"I, I admit that I accidentally stabbed the city manager, but I really didn't mean to kill anyone."

Qin Yingjie's voice was not loud, and he fell silent at the end.

"Where's the defense lawyer?"

Cheng Chuanlei could basically understand what Qin Yingjie said, and turned to look at Ren Zhen. What the lawyer said here should be relatively detailed.

“The defender has no objection to the evidence and facts of this case described by the prosecutor in the indictment.”

Luo Xiaowei cheered up. When he found out that Qin Yingjie's defense lawyer was Ren Zhen, he actually didn't have much fluctuation in his heart.

Ren Zhen is a relatively well-known name in the criminal defense industry. All prosecutors in the city's public prosecution agencies know him. However, in Luo Xiaowei's opinion, there is nothing controversial about this case, so he does not think that Ren Zhen can help Qin Qin. Yingjie is cleared of charges.

He was just curious about what kind of reasons a lawyer who liked to defend innocent people would give when he got such a nearly uncontroversial case.

“However, the defender has different opinions on the charges charged by the prosecutor in the indictment.

First, let’s talk about the crime of obstructing official duties charged by the public prosecutor. According to Article 277 of my country’s Criminal Law, the crime of obstructing official duties refers to the use of threats and violence to prevent state agency staff from performing their duties in accordance with the law.

The specific constituent elements of this crime are as follows:

First, the target of this crime must be a staff member of a state agency, which is what we usually call personnel engaged in official duties in legislative bodies, law enforcement agencies, and judicial agencies at all levels.

However, on the day of the incident, the law enforcement officers did not show their work ID to the defendant Qin Yingjie when enforcing the law. Moreover, the composition of the law enforcement officers was relatively complex, including urban management, co-management, and even security guards.

The defender does not mean to disrespect anyone here, but it is undeniable that, except for the formal staff of the urban management department, other personnel involved in law enforcement at the scene are not state agency staff, which means they are not committing the crime of obstructing official business. object.

And from the on-site law enforcement video, we can see that most of the law enforcement officers who appeared at the scene on the day of the crime were wearing casual clothes, as were the dozen or so officers who surrounded the defendant Qin Yingjie.

As an ordinary citizen, Qin Yingjie appeared at the scene as a person subject to law enforcement. How could he have a clear understanding of the identities of the people in front of him?

Therefore, as a public prosecutor, there should be a certain burden of proof, and it should be proved that the personnel involved in law enforcement on that day have the status of state agency staff, so as to meet the target conditions of the crime of obstructing official business.

On the contrary, if the prosecutor cannot provide evidence to prove it, then there will be doubts about the identity of the law enforcement officers on the day of the incident, and we cannot be sure whether the defendant Qin Yingjie was resisting the state agency staff. "

Luo Xiaowei turned around and discussed in a low voice with Tong Zhongkai, feeling that the problem was not a big one.

If necessary, you can submit additional evidence after court.

What's more, the point of today's case is not originally here. Regardless of whether it was obstruction of official duties or not, Qin Yingjie just killed someone.

Even leaving aside the uncontroversial identity of the victim Li Shizhong as a public servant, and the fact that Li Shizhong had previously enforced the law against Qin Yingjie, just looking at Qin Yingjie's act of stabbing Li Shizhong in the neck with a knife, he could no longer escape the crime of intentional homicide!

　Yesterday's chapter was reviewed. It's not that it hasn't been updated. I didn't think about what I shouldn't have written...

　　

　

(End of this chapter)