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

Chapter 249 Is law enforcement illegal?

“Second, the content of the crime of obstructing official business is to prevent state agency staff from performing their duties in accordance with the law.

Duty refers to all matters handled by state agency staff as official duties. So naturally, first of all, state agency staff have specific job authority to perform this job behavior, and secondly, their job behavior should also comply with important legal conditions and methods. with program.

On the day of the incident, the person who enforced the law against the defendant Qin Yingjie was the XX Urban Management Team, which is affiliated to the H City Urban Management Comprehensive Administrative Law Enforcement Bureau. However, for Qin Yingjie’s unlicensed operation of street stalls, the administrative agency with the power to investigate and deal with it should be The local industrial and commercial administration department.

Administrative penalties involve citizens’ property and even freedom, so the law is extremely cautious in allocating the power of administrative penalties. The reason why the industrial and commercial administrative department has the power to investigate and punish unlicensed operations is because it is the issuing authority of business licenses and has the authority to practice Original registration certificate of the license.

The H City Urban Management Comprehensive Administrative Law Enforcement Bureau has no way of knowing whether the street stall operators have business licenses. According to the relevant laws and regulations of our country, they do not have the power to enforce administrative law against unlicensed operations.

And according to the provisions of my country's Administrative Penalty Law, the types of administrative penalties are specific and clear, including warnings, fines, confiscation of illegal income, confiscation of illegal property, etc. There are no so-called seizures, seizures, and temporary seizures of tools on the day of the incident. Types of punishment.

Therefore, of course, at the time of the incident, the personnel who "enforced the law" against Qin Yingjie did not have the power to enforce the law on the scene, and the type of administrative punishment they imposed on Qin Yingjie was not clearly recognized by the law. Even if Qin Yingjie obstructed, the obstruction Nor is it a 'duty' performed by state agency staff in accordance with the law. "

In the gallery, the family members of the deceased Li Shizhong and some of his colleagues could no longer bear it.

“It is our urban management’s job to manage and rectify illegal roadside stalls, but why do we no longer have the power here?

If the city management can't take charge of it, then who can you tell me to take charge of it? "

A man wearing an urban management uniform yelled at Ren Zhen.

"You can still be justified in killing people, but you lawyers really make any money?"

Li Shizhong's wife revealed her hatred for Ren Zhen in her eyes.

"Everyone in the audience should remain silent!"

Cheng Chuanlei knew that what Ren Zhen said was true, so he could only speak out to maintain order.

"Who has the power to rectify illegal roadside stalls and what methods should be used to rectify them is not my say. This is clearly stipulated by the law."

Knowing that they would have objections to him because of Li Shizhong's death, Ren Zhen didn't mind it, but he still turned to them and explained two sentences:

"According to the law, the urban management department's enforcement of Qin Yingjie on the day of the incident was without legal basis. The reason why the urban management law enforcement officers imposed administrative penalties on the defendant was that he was operating without a license.

However, judging from the law enforcement video at the scene, no law enforcement officer confirmed Qin Yingjie’s identity, and no one asked him to produce his business license.

Although we all know now that Qin Yingjie is indeed operating without a license, do the law enforcement officers at the scene know?

Obviously they don't know. They don't even know the name of the owner of the stall in front of them. Even if they know, they have no way of knowing whether Qin Yingjie's stall has a business license. So what I want to ask is, what does the urban management say about Qin Yingjie's stall? What is the basis for Yingjie’s punishment?

It may not be appropriate for Qin Yingjie to set up a stall on the roadside. It may have an impact on the beauty of the city and may affect traffic order, but this is not the basis for the urban management to impose administrative penalties on Qin Yingjie. "

Ren Zhen looked at the judge. These words were also his objections to the indictment:

“In addition to having no basis for punishment, the urban management’s enforcement procedures also have serious flaws.

According to the relevant provisions of my country's Administrative Penalty Law, when law enforcement officers plan to impose penalties on relevant personnel on site, they should first present their certificates to the defendant, inform them of the facts, reasons and basis for imposing administrative penalties, listen to the statements and defense of the parties, and fill in the administrative penalty form. The penalty decision will be handed over to the relevant person to be punished.

Even if items are seized, a list of seized items needs to be delivered to the person being punished, but the law enforcement officers at the scene of the crime did not fulfill any of the above legal procedures.

There is no basis for law enforcement and the law enforcement procedures are wrong. This is sufficient to prove that the administrative penalty decision made by the urban management on Qin Yingjie on that day cannot be established.

If the punishment decision cannot be established, then the urban management personnel were not performing their duties in accordance with the law on that day, and Qin Yingjie's behavior naturally cannot constitute the crime of obstructing official business. "

After listening to Ren Zhen's answer, the urban management officer who made the rebuttal in the auditorium stopped talking. At this time, he was getting together with another colleague next to him and seemed to be discussing, is our current work really illegal?

He really has seen a ghost!

And Luo Xiaowei was already thinking in his mind at this time. It seems that there is no need to submit additional evidence after the trial is over?

Previously, all his thoughts were focused on intentional homicide, and he had thought about obstructing official business in passing. Now Ren Zhen directly brought out the legal provisions, and Luo Xiaowei himself felt that obstructing official business could not be established.

"There are two other elements for obstructing official duties. One is that the obstruction must be committed when state agency staff are performing their duties. As we have said before, if the urban management officers were not performing their duties on the day of the incident, then the defendant Qin Yingjie's obstruction Behavior is even more out of the question.

The other is that violence and threats must be used to obstruct the execution of duties.

Although Qin Yingjie used a knife, his original intention was to prevent the urban management personnel from taking away his tricycle. He did not mean to threaten him. Moreover, when he used the knife, he had been begging the surrounding urban management personnel. Although he had a knife in his hand, he could not be identified at all. for violence.

This conclusion can be drawn from the fact that the city management officials ignored him and simply moved the tricycle away. If Qin Yingjie really used violence, what the city management officials had to do was to subdue him first instead of dragging his tricycle away. "

Ren Zhen observed the reactions of all parties and finally looked at the public prosecution box:

"To sum up, the law enforcement actions of the urban management officers on the day of the incident had no legal basis, the law enforcement procedures were flawed, and the administrative penalty decisions made were invalid. Therefore, their actions did not constitute the execution of duties in accordance with the law. Therefore, the defendant Qin Yingjie's actions did not constitute obstruction of official duties. crime."

"As for obstructing official business, the defender will stop here."

Although Ren Zhen tried his best to be concise, he still spent a lot of space in the discussion, and the judge urged him to proceed:

"Does the defender have any different opinions regarding another crime charged by the prosecutor?"

"Have."

Ren Zhen's answer made Luo Xiaowei's eyes open. Do you also have opinions on intentional homicide?

"Intentionality in the sense of our criminal law refers to the subjective psychological state of the perpetrator who, when committing a crime, knows that his behavior will have consequences that will harm society, and hopes or allows the consequences of the crime to occur.

In this case, according to the prosecutor's accusation, when Qin Yingjie stabbed the victim with a knife, he knew that his actions would result in the death of the victim, and he hoped or allowed the death of the victim to occur.

The judgment of the perpetrator's subjective intention is a very complex issue. We must start from both subjective and objective aspects at the same time. We must not only consider the cognitive level and behavioral ability of the behavior, but also comprehensively analyze the objective situation and the circumstances at the time of the crime. Analyze the entire incident process.

According to the evidence in the case, we can see that the knife Qin Yingjie stabbed Li Shizhong was the one he usually used to cut sausages. After investigation, we learned that he bought this knife at the morning market for a few dollars. I think the quality of such a knife goes without saying.

And in the chaos, Qin Yingjie didn't even know whether or where he stabbed him. Qin Yingjie was slightly taller than Li Shizhong by three or four centimeters. Judging from their height comparison, their relative positions at the time of the incident, and surveillance The video shows Qin Yingjie holding the knife with his backhand and slashing diagonally from top to bottom. This is just because this position is the most convenient for Qin Yingjie, not because he has the intention to stab others, let alone kill others.

As for the defendant Qin Yingjie's attitude towards the victim's death, Qin Yingjie escaped for a few days after the incident and then surrendered.

In the days after he escaped, he sent text messages to friends asking about the victim's injuries, which can prove that he did not foresee the consequences of the death of the victim Li Shizhong, and he had no subjective hope or laissez-faire about the consequences of the death. "

Ren Zhen glanced at the trial seat. The judges all had serious expressions at this time, as if they were thinking. They hesitated and continued:

"And judging from the origin of this case, the defendant Qin Yingjie and the victim Li Shizhong were strangers to each other, and there was no possibility of any dispute before. It was just because the crime scene was too chaotic and the urban management officials were chasing the defendant.

Qin Yingjie was worried not only that his tricycle would be confiscated, but also that his body might be coerced, so he swung the knife casually in his eagerness to escape.

Moreover, judging from the video provided by the prosecutor, the defendant Qin Yingjie also passed by Li Shizhong when he entered the scene for the second time and did not commit any act against Li Shizhong.

Of course, I am not trying to excuse Qin Yingjie and say that he did not commit a crime, but based on the above, Qin Yingjie was in a state of desperation in the chaos and swung a knife conveniently while running to escape.

There is no doubt that this knife constitutes a crime, but it definitely does not constitute intentional homicide.

Under such circumstances, the prosecutor's accusation that the defendant had the intention to kill Li Shizhong was unreasonable and unreasonable. "

"People are dead and you tell me he didn't kill someone? Isn't this lying with your eyes open?

Can such a person be a lawyer? Can such a person stand in court and defend a murderer?

Judge, do you care? Hurry up and drive him out! "

Li Shizhong's wife finally couldn't hold it any longer, stood up from the auditorium, pointed at Ren Zhen's nose and gave him a slap in the face.

"Sister-in-law, calm down, we are in the court."

The people next to him quickly grabbed Li Shizhong's wife and finally prevented her from rushing over to do anything to Ren Zhen.

"The family members should try to control their emotions. If the lawyer's speech is inappropriate, we will correct it in accordance with the law."

Cheng Chuanlei was also very helpless. It was inevitable for the victim's family members to be emotional in court. It was precisely because of fear that this emotion would spread in the auditorium that he decided not to open the court for observation today, but only to open the live broadcast of the trial.

Just because a person dies does not mean intentional homicide, it may also be intentional injury causing death.

The judge naturally understood the key points of Ren Zhen's defense and began to preside over the presentation of evidence and cross-examination.

When presenting evidence, Luo Xiaowei looked at the pile of evidence submitted by Ren Zhen and couldn't help but lament that the lawyer did not follow the routine.

This is an intentional homicide case. What use is this certificate issued by the village committee proving that Qin Yingjie is a good and law-abiding citizen?

There are also letters from his former comrades, the outstanding soldier certificate he received when he was a soldier, and letters of request from villagers in the same village.

This is all a mess.

But Luo Xiaowei probably guessed that Ren Zhen was probably playing the emotional card.

After all, the video is so clear. At most, as Ren Zhen said just now, there may be some disputes about the characterization of Qin Yingjie's behavior. There are more other things. No matter how powerful the lawyer is, it will be difficult to do anything.

"Then the court debate will begin."

Both parties can basically reach an agreement on the evidence. Except for occasionally asking a few questions, they can basically show it and move on.

“As for the defender’s claim that the H City Comprehensive Administrative Law Enforcement Bureau does not have the power to impose administrative penalties, the prosecutor believes that this view is problematic.

Although the management and rectification of street stalls is the responsibility of the industrial and commercial administration department, it is undeniable that the existence of street stalls overlaps with the work content of urban management.

If street stalls have an impact on the work of urban management, the urban management will certainly have the power to punish and manage them accordingly. "

Luo Xiaowei thought about it and felt that he still had to talk about the crime of obstructing official business:

"In addition, the defender said that on the day of the incident, many law enforcement officers were wearing plain clothes, and Qin Yingjie was unable to have a clear understanding of their identities.

However, some of the law enforcement officers at the scene were also wearing uniforms, especially the victim Li Shizhong, and it was impossible for Qin Yingjie not to know their identities.

Since their identities should be known, we should cooperate with the urban management's law enforcement actions and recognize the punishment imposed by the urban management.

Even if you really have any objections, you can apply for reconsideration or even complain later. It is by no means resisting law enforcement with a knife on the scene. Therefore, Qin Yingjie's behavior should constitute the crime of obstructing official business. "

That’s right, look how reasonable what the prosecutor said!

In the auditorium, several of Li Shizhong's colleagues nodded. We urban management officials have worked very hard, but now your lawyer has negated all our efforts with just a few words. How can this be possible?

The prosecutor still speaks nicely!

They only heard that the prosecutor was speaking to them, but they did not realize that there were actually loopholes in the prosecutor's words.

They can't hear it, but Ren Zhen won't let these loopholes go.

(End of this chapter)