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

Chapter 250: Traffickers and pawns, leading carts to sell pulp

“The prosecutor said that the work of urban management will involve street stalls, and the defender also admitted that this is because the scope of law enforcement of urban management includes city appearance and environmental sanitation, road traffic order, environmental protection management, etc.

So when the street stalls really affect the city appearance and traffic order, there is no problem for the urban management to manage the stalls accordingly.

But on the day of the incident, what was the reason for the urban management to enforce the law against Qin Yingjie? He was operating without a license!

For the same reason, whether Qin Yingjie has a business license is something that the industrial and commercial administration department should ask about. Even if he is operating without a license, the urban management personnel have no way of knowing or verifying it, let alone for a reason that is not within the scope of the urban management function. , punished Qin Yingjie by impounding his vehicle. "

Ren Zhen's answer made Luo Xiaowei sigh inwardly, but he wasn't finished yet:

"Even if some of the functions of the urban management officers overlap with industrial and commercial administration, the most they can do is to make small vendors like Qin Yingjie leave. They can even give them warnings, fines and other punishments if they persist in admonishment. The only thing they can do is seal up and detain them. Tools are the type of punishment that the urban management department has no authority to impose.

The prosecutor also said that the urban management uniforms were enough for Qin Yingjie to know the identities of these law enforcement officers. Their law enforcement actions should be recognized and cooperated, and they could apply for reconsideration afterwards. But what I want to ask the prosecutor is, what you said is based on the urban management The law enforcement procedures are completely formal.

The urban management officials at the scene of the crime didn't even ask for Qin Yingjie's name. They just said, "You are operating without a license," and then began to confiscate Qin Yingjie's things. No one gave him a punishment decision, no seizure list, and no one gave him a punishment decision. He was told that he could raise objections to the law enforcement actions at the scene.

For Qin Yingjie, who joined the army as a teenager and had just retired, could he think of the relief methods mentioned by the prosecutor?

If no one tells him, obviously the answer is no.

All he could think about was that the tricycle he had just bought was going to be confiscated; all he could think about was that he didn't know where his future livelihood would be; all he could think about was kneeling down and begging the city management officials not to take him away. tricycle.

Whether it is from the scope of law enforcement basis or the law enforcement procedures, the law enforcement behavior of the urban management on the day of the incident was absolutely illegal. How could the illegal law enforcement behavior constitute the crime of obstructing official business? "

Luo Xiaowei glanced at the auditorium and saw that the faces of Li Shizhong's colleagues were indeed not very good.

Unlawful law enforcement behavior?

Isn't this a slap in their face?

But Luo Xiaowei knew that Ren Zhen was not targeting them, but discussing the matter as it happened.

Regarding the functions and management of urban management, it has actually been criticized for a long time. The vague handling of some tasks among various departments will inevitably lead to problems of one kind or another.

These problems are usually not obvious, but when it comes to criminal cases and they uphold the attitude of being responsible for their clients, when lawyers pick out these problems and talk about them, they are just stating the facts.

"The prosecutor has nothing else to say about the crime of obstruction of official business."

When Luo Xiaowei said this, it meant that he had nothing to refute Ren Zhen's point of view.

Qin Yingjie became nervous, knowing that what the prosecutor was going to say next was what would ultimately determine his fate.

"Based on the evidence in the case, we can know that Qin Yingjie stabbed the victim Li Shizhong's neck with a knife at the crime scene. Although there was only one knife, it is undeniable that his behavior directly caused Li Shizhong's death, which fully complies with the provisions of our country's criminal law 'Deprive others of their lives'.

The defender said that the defendant and the victim did not know each other before the incident, so there was no motive to kill the victim, which was no problem.

But we must know that the criminal intention of intentional homicide does not mean that you have the idea of ​​killing someone before committing the crime. As the defender said, the subjective aspect of the crime is manifested in knowing that your actions will result in the death of others. , and hope or allow this result to happen.

When Qin Yingjie swung the knife at Li Shizhong, we believe that he didn't want to kill Li Shizhong, but if he didn't want to kill him, does it mean he didn't intentionally kill him? "

Luo Xiaowei glanced this way, and Ren Zhen sighed inwardly.

Sure enough, the prosecutor is not a vegetarian. Although he has tried his best to find reasons for Qin Yingjie in the previous objections, the prosecutor started from the basic composition of the crime of intentional homicide and started to argue from the underlying logic. The current situation is very unfavorable to Qin Yingjie.

"As for the criminal intent of intentional homicide, although Qin Yingjie did not want to kill Li Shizhong, when he swung the knife, should he have known that the knife would cause the death of others?

Maybe he hasn't thought about it, but he should know!

Not to mention that it was a sausage-slicing knife bought for a few dollars, even if it was a knife used by a primary school student to sharpen pencils, such a sharp thing is completely likely to cause casualties. I think even primary school students understand this. !

As for what the defender mentioned, Qin Yingjie asked about Li Shizhong's injuries after escaping, indicating that he did not want Li Shizhong to die. This is something the prosecutor is also willing to believe.

But it should also be noted that when we consider criminal intent, we should focus on the time when the crime occurred. The perpetrator's thoughts and behavior after the crime can only be used as a very slight reference standard.

Based on the facts of the entire case, the prosecutor insisted that defendant Qin Yingjie's behavior like Li Shizhong's behavior was suspected of intentional homicide. "

Luo Xiaowei sat down, and Ren Zhen sat there for a long time without getting up.

"Defender, do you have anything else to say about the prosecutor's point of view?"

Facing the judge's questions, even Ren Zhen did not stand up again.

I previously defended Qin Yingjie's behavior and interpreted his behavior as intentional injury rather than intentional homicide. I was doing my best as a client.

Now faced with the public prosecutor's clear argument, if we try every possible means to refute it, it will violate the original intention of a legal professional to study law.

From the bottom of his heart, Ren Zhen actually felt that Qin Yingjie committed murder intentionally.

From the beginning, exonerating Qin Yingjie based on the cause of the case, the evidence in the case, and Qin Yingjie's performance before and after the incident was the greatest effort that Ren Zhen could make in response to his act of stabbing Li Shizhong.

"If the defender has no objections, then both sides can summarize it."

Seeing that Ren Zhen had nothing to add, Cheng Chuanlei turned to the prosecutor.

“According to the evidence in the case and the reasons for the initiation of the case, on June 20, XX, when the XX urban management team was enforcing the law on the roadside on the west side of the Commercial Electronics City, they were resisted by the defendant Qin Yingjie with a knife.

Qin Yingjie did not act any further before the tricycle was taken away. However, after the tricycle was carried onto the law enforcement vehicle, Qin Yingjie rushed to the law enforcement vehicle and stabbed the victim Li Shizhong's neck with a knife in the chaos, causing the victim's death.

Although Qin Yingjie inquired about the victim's injuries after the incident, it was not enough to overturn his intention to deprive others of his life at the time of the incident. Therefore, the prosecutor believed that defendant Qin Yingjie's behavior had violated Article 230 of my country's Criminal Law. 4. The provisions of Article 237 constitute the crime of intentional homicide and the crime of obstructing official business.

In view of the fact that this case was motivated, Qin Yingjie was a crime of passion, and the urban management had inappropriate behavior in the process of law enforcement, the prosecutor believed that Qin Yingjie could be given a lighter punishment as appropriate. "The judges nodded. Although Luo Xiaowei was still charged with obstructing official business and intentional homicide, he only analyzed Qin Yingjie's murderous behavior and brushed off obstruction of official business. Obviously, he basically gave up on obstructing official business. accusations.

"Can the defender also summarize it here?"

The judges looked at the defense table. This was the last chance to speak in court. They probably understood why Ren Zhen was silent just now, but he would never give up his final conclusion.

really.

Ren Zhen stood up slowly, took a deep breath, and said in a low voice:

"We are entrusted by Qin Yingjie in this case to stand here today to defend him. Before making the final defense, we express condolences for the unfortunate death of the victim Li Shizhong, and we extend our deepest apology to the victim's family!

No matter what flaws there are in the current urban management system, no matter how vicious Qin Yingjie is, Li Shizhong, as a dedicated national worker, his work is worthy of respect, and he definitely should not pay the price of his life for it! "

In the auditorium, Li Shizhong's family members had tears in their eyes and didn't know what they were thinking.

"In response to the accusations in the indictment and the focus of controversy in the normal trial, I will make the following opinions to defend the defendant Qin Yingjie:

1. Regarding the prosecutor’s accusation that Qin Yingjie obstructed official duties.

The defender believes that Qin Yingjie’s behavior is not sufficient to constitute the crime of obstructing official business.

First of all, according to my country's current laws and regulations, urban management organizations do not have the power to impose administrative penalties. Even if the urban management can properly manage Qin Yingjie's sausage stall and persuade them to leave, their behavior of impounding Qin Yingjie's vehicle is definitely not the performance of their duties in accordance with the law.

If they are not performing their duties in accordance with the law, then no matter what Qin Yingjie's reaction is, it cannot constitute obstruction of official duties.

Secondly, the law enforcement officers at the scene on the day of the incident lacked the basis for law enforcement and seriously violated law enforcement procedures.

The reason why the urban management law enforcement officers punished Qin Yingjie was that he was operating without a license. However, they neither confirmed Qin Yingjie's identity nor had the power to know whether Qin Yingjie had a business license. Based on this reason, they punished him before the law. No evidence.

Moreover, during the law enforcement on the day of the incident, the on-site urban management law enforcement officers did not show Qin Yingjie his law enforcement ID card, issue an administrative penalty decision, and confiscated Qin Yingjie's vehicle without issuing a seizure list. There were serious flaws in the law enforcement procedures. If there are any defects, the administrative penalty decision should be deemed invalid.

To sum up, the prosecutor's accusation that the defendant Qin Yingjie obstructed official duties is untenable. "

Ren Zhen looked at the judge and then at the prosecutor. Everyone's expressions didn't change much. It was obvious that they had already made up their minds about this crime.

"2. Regarding the prosecutor's accusation of intentional homicide by Qin Yingjie.

Based on the criminal intent of intentional homicide, Qin Yingjie probably should have known that his actions would bring death consequences when he stabbed Li Shizhong with a knife, but Qin Yingjie could never have a hopeful or laissez-faire attitude towards the death consequences.

This is not only because Qin Yingjie sent a text message after the incident to inquire about the victim's injuries, but also a conclusion reached after comprehensive, comprehensive and objective analysis of the relevant facts and circumstances of the entire case.

Therefore, the defendant Qin Yingjie subjectively did not intend to kill Li Shizhong, and his behavior should not be determined as intentional homicide.

According to many evidences submitted by the defender before the trial, villagers from the same village, comrades in arms, and former colleagues can all prove that the defendant Qin Yingjie has never had any bad records. After retiring from the army, he just struggled to survive in big cities without any violence. tendency. "

Is it finished?

Ren Zhen paused, and the judges looked over subconsciously, only to see Ren Zhen looking at them.

What does it mean?

Cheng Chuanlei was about to ask, but he heard Ren Zhen continue to speak:

“Dear judges, prosecutors, peddlers and pawns, driving carts and selling pulp, these are legitimate, yet hard and humble professions that have existed in our country since ancient times.

Qin Yingjie came to the city from the countryside. For the sake of livelihood, he went through many twists and turns before starting to work in such a job that we may not look down on. His income is meager and his life is difficult.

But even so, as a retired soldier, he did not steal or rob, nor did he choose the simpler way of making money by hurting others. Instead, he relied on his own hands to survive silently in the corners of this city that we could not see.

I would like to ask a question to everyone here today. If you were Qin Yingjie, and your livelihood was shattered, would you feel that you were desperate?

Comparing your feelings, can you maintain absolute patience and calmness, or even know how to file a complaint and apply for reconsideration the next day, as the prosecutor said?

If good laws are established in the world, the world will be governed.

Dear judges and prosecutors, have our laws and our city management system made the people living in this city happier? Or does it make them feel more pain?

As legal professionals, do we want to make this society more harmonious, or do we want to make it more miserable? We have already lost Li Shizhong, will we lose Qin Yingjie again? "

No one expected that Ren Zhen's final defense would end with several consecutive question marks.

After leaving a few questions, Ren Zhen sat down.

The judges were silent.

The prosecutor was silent.

Even Li Shizhong's family members in the auditorium were silent.

They could all understand the meaning of Ren Zhen's last sentence.

Li Shizhong is no longer here, do we still need to pass the law to deprive Qin Yingjie of his life?

Although he did allow a fresh life to be lost and deserved the same punishment, after considering the circumstances of the entire case and considering Qin Yingjie's life experience and background, was he guilty enough to die?

At this time, not only the judge, but also Li Shizhong's family, who wanted Qin Yingjie to be punished most, were also thinking about this issue.

(End of this chapter)