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

Chapter 251 They left, after understanding

In the silence of the audience, the judge asked Qin Yingjie to make his final statement.

"I really didn't want to kill anyone at the time, and I really didn't expect to stab the city manager."

Qin Yingjie was silent for a long time. After saying this, he looked towards the auditorium.

"But I am still heinous and have brought you pain. I am sorry. If the court sentences me to death, I will admit it!"

I deeply regret my actions and am truly sorry."

As the voice gradually became quieter, Qin Yingjie gradually began to sob.

The trial ended just like that.

After announcing the adjournment, the three judges left the court, relatively speechless.

"This is really... ugh."

Cheng Chuanlei originally wanted to say let's discuss it, but the words turned into endless emotion.

"If he is a bad person, then he is definitely not that bad. It's just that when things get there, he will definitely be in trouble."

Wen Lihua also sighed: "He didn't go to school for a few years, and he couldn't find a job after serving in the army. It can be said that for him, that three-wheeler means almost half of his wealth and life.

If the urban management team confiscated the car, it would be as good as killing him. "

"Speaking of which, who was the first to cause the urban management car collection?"

Feng Huaiwen frowned: "I remember saying that they couldn't do this two years ago, no one gave them this power, but the result was still no change.

Well now, because something happened to this thing. "

"The city management is in chaos, and I can't blame them. They just enforce the rules."

Cheng Chuanlei said that was not what we thought about: "Let's discuss the case quickly and tell us what you think."

"Let's talk about the crime of obstructing official business first. I don't support this."

Feng Huaiwen agreed with Wen Lihua's point of view: "This has to go back to the city management. This job cannot be done in the first place. To be honest, sometimes the city managers are used to doing this. They just don't care about anything. When it comes to collecting things, it’s not just the stall owner who has an opinion, sometimes people passing by feel that the urban management’s behavior is a bit inappropriate.”

"Let's not talk about that first, just talk about our case."

Cheng Chuanlei also agreed: "They really can't control the business without a license, and collecting the car cannot be regarded as performing official duties, so there is no need to say anything about obstructing official duties. Then this place is passed?"

"In fact, I don't think this crime of intentional homicide is too controversial."

Wen Lihua recalled the views of the prosecutor and defender: "Although the defender said that subjectively there was no intention of laissez-faire or hope, this is something that is difficult to determine.

He ran away from the scene of the crime. Looking back, he felt scared. I thought it was a normal behavior to ask the victim about the injury. I cannot deny his subjective intention just because of this. "

"I feel so too."

Feng Huaiwen pondered: "Actually, I think the most important thing when looking at the intention of intentional homicide is whether there was any knowledge that it would cause death. This is originally based on the perpetrator's tools and the specific behavior at the time of the crime.

He was holding a knife. No matter how cheap the knife was, even if the knife was not a controlled knife, it was still a knife. Anyone with normal intelligence would know the consequences of such a stroke. "

"Then there's no need to discuss this?"

Cheng Chuanlei scratched his head: "I originally thought there would be different opinions, but I didn't expect everyone to think the same thing."

"Harm, that lawyer's defense angle is quite sophisticated, but Qin Yingjie's behavior is too obvious. Even talking about it can't change the facts."

Wen Lihua shook his head: "But I was quite touched by what the defender said in the end."

"It's really hard for a peddler and a lackey to lead a cart and sell pulp!"

Feng Huaiwen also lamented: "He had no objection to intentional homicide and even ran away after the incident.

Although the urban management's law enforcement behavior was inappropriate, they were still working, and Qin Yingjie killed someone while they were working.

If this was sentenced according to past standards, it would be the death penalty, right? "

Wen Lihua nodded silently.

"But sentence him to death."

Cheng Chuanlei hesitated.

"You also think that sin does not lead to death, right?"

Wen Lihua asked.

"The sin has caused death, but it feels like a pity to die."

Cheng Chuanlei shook his head.

"Legalistically speaking, there are no circumstances that mitigate the punishment and lead to leniency. There is no problem with his death penalty."

Feng Huaiwen thought for a while: "But from a human perspective, the people at the bottom are forced to such a result under the pressure of social survival. It would be too cruel to sentence them to death, right?"

"Teacher Cheng."

The clerk suddenly opened the side door and walked over cautiously.

"what happened?"

The three judges turned their heads, somewhat surprised.

Generally speaking, the clerk will not leave the courtroom at this time.

"Just now Li Shizhong's family said they were willing to forgive Qin Yingjie."

The clerk whispered, "That's all, and then they left."

"Leave directly?"

Cheng Chuanlei was very surprised. Didn't he wait to hear the verdict?

The clerk returned to the courtroom and the three judges looked at each other.

"Li Shizhong's family left immediately. They probably felt that no matter what the outcome, they didn't want to see it, right?"

Wen Lihua sighed.

If Qin Yingjie had not been sentenced to death, they would certainly not have been able to accept it emotionally. After all, most people still wanted to kill someone to pay for their life, which was perfectly justified.

But if Qin Yingjie is sentenced to death, as Ren Zhen said just now, he has already lost Li Shizhong, will he still lose Qin Yingjie?

It would be fine if he was really a vicious person, then he should be damned, but after hearing what happened to Qin Yingjie, they felt that fate had played a huge joke on the two families.

Their current situation cannot be changed. Should Qin Yingjie's parents be forced to bear the same pain as them?

So they left.

Went away after understanding.

"All rise!"

After returning to the court, no family members of Li Shizhong were seen, and only a few colleagues of Li Shizhong were left in the auditorium.

"According to the laws of our country, this court has the corresponding jurisdiction over the case where the public prosecution agency accused the defendant Qin Yingjie of obstructing official duties and intentional homicide. It formed a collegial panel in accordance with the law and heard the case in public. The trial has now been concluded.

After a trial, 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 and seized the tricycle of Qin Yingjie, who 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. This court believes that at the time of the incident, because the Urban Management Comprehensive Administrative Law Enforcement Bureau did not have the power to impose administrative penalties on Qin Yingjie, and there were serious flaws in the law enforcement procedures, Qin Yingjie’s resistance to law enforcement should not be deemed to be obstruction. Official crime.

In the chaos, Qin Yingjie stabbed the knife into the neck of the victim Li Shizhong, causing the victim's death. Objectively, he illegally deprived the victim of his life. Moreover, he should have known that his actions would cause death, and subjectively he had criminal intent.

Defendant Qin Yingjie's behavior constituted intentional homicide. The nature of the crime was egregious and the consequences were particularly serious. "

Finished!

Qin Haiguang and Tian Jiaqing's eyes went dark, and they almost fainted in the auditorium.

Ren Zhen also sighed in his heart.

I've done everything I need to do, but still can't change the outcome?

It's so bad in nature that it's almost synonymous with the death penalty.

"However, considering that there was a reason for the incident, the urban management law enforcement officers also made certain mistakes at the time of the crime. Considering that Qin Yingjie committed a crime of passion, his subjective viciousness was consistent with premeditated killing, killing for love, killing for money, and killing to cover up his guilt. There is a clear distinction between crimes.

Taking into account the specific circumstances of defendant Qin Yingjie's crime and the degree of harm to society, this court believes that the defendant can be given a chance to make a new start.

According to the provisions of Article 234 of the Criminal Law of our country, this court ruled as follows:

The defendant Qin Yingjie was convicted of intentional homicide and sentenced to death with a two-year suspended sentence and deprived of political rights for life!

This judgment is a first-instance judgment. If there is any objection to this judgment, the parties to the lawsuit may appeal to the higher authority within the specified time.

After the judgment is produced, it will be served to all parties within the specified time.

Court closed! "

Boom!

As the gavel fell, the rest of Qin Yingjie's life was basically set.

If nothing unexpected happens, Qin Yingjie's reprieve of death will become indefinite in two years' time.

If you're lucky, you might have the chance to further reduce your sentence to a fixed-term prison sentence.

But for Qin Haiguang and Tian Jiaqing, who are already elderly, whether they can wait until their sons are released from prison in this life cannot be said to be impossible. It can only be said that the hope is very slim.

Back at the law firm, Ren Zhen felt a little sad for a moment when he remembered that after the trial, Qin Haiguang and Tian Jiaqing hugged each other and cried, but they still thanked the judge repeatedly for giving Qin Yingjie a chance to start a new life.

Maybe they might not be able to see Qin Yingjie outside the prison again, but as long as their son is alive, it is the best outcome for them.

Not dead.

That's all I want.

What seemed so natural and taken for granted turned out to be a gift from the law to this broken family.

How sad.

He didn't know how long he had been in a daze, but his cell phone rang, interrupting Ren Zhen's thoughts.

"Hey, Teacher Chen, I'm so free today."

Ren Zhen was somewhat surprised after not contacting Chen Guangming for a long time.

"Is the court hearing in bad shape today?"

Chen Guangming said with a smile that Ren Zhen knew that he had also watched today's court hearing.

"I've said everything I can about my poor condition, okay?"

Ren Zhen replied angrily.

"I know that. What I'm saying is that you don't seem to be in good spirits."

"My Professor Chen, if you were to receive this kind of case, you would not be happy either."

Ren Zhen sighed: "Maybe my empathy is too strong. Once I put myself in Qin Yingjie's position, I felt a little suffocated."

"It shows you are a good lawyer."

Chen Guangming comforted him: "Actually, when demonstrating criminal intent, you can extend it a little further, I think?

You have no problem with the knowing part, but why don’t you say a few more words about the subjective laissez-faire or hope?

From the perspective of applicable criminal law, when it is not possible to prove the intention to kill, the crime should be deemed to be injury causing death based on the suspicion of guilt. This is the basic applicable principle. "

"I know what you said.

In fact, regardless of whether it is intentional homicide or intentional injury causing death, Qin Yingjie will ultimately bear responsibility, but there will be a difference in sentencing.

If the crime is convicted of intentional homicide, the death penalty will generally be the penalty, and not imposing the death penalty is an exception; if the crime is convicted of intentional injury causing death, cruel means will be the death penalty, and the death penalty is the exception. "

Ren Zhen's mood was not very high: "I also know that your statement is likely to be true, but to be honest, it is unlikely that it will be confirmed. The main reason is that I myself feel that it was indeed intentional homicide.

Maybe I didn't behave professionally enough this time? Maybe we can really consider struggling a little more according to what you said. "

"Don't think so much."

Chen Guangming could tell that Ren Zhen was still struggling: "Actually, that's all I'm saying. Judges have their own brains. Even if this point of view is raised, it will most likely be rejected.

But the last paragraph of your defense was really well written. You were a peddler and a pawn, a driver and a driver selling pulp. I guess the judge was moved by this paragraph and decided to give the defendant a suspended death sentence, right? "

"Maybe. Ask the judge yourself when you have the chance."

Ren Zhen shrugged: "You called me just to talk about this, right?

Your Professor Chen's time is so precious, don't you think you're someone who doesn't go to the Three Treasures Hall for anything? "

"That's what you said. I can't talk to you about this theoretical issue if it's okay?"

Chen Guangming is serious.

"Okay, okay, we don't have to pretend anymore, right? It's okay. I'll hang up the phone?"

"No, no, no."

Chen Guangming quickly stopped him: "Actually, it's not a big deal. I just have something I want to ask you for help. I don't know if you have time."

I knew it.

Ren Zhen cursed: "How can I help you?"

"You just fought a case related to wild animals before. Do you remember it?"

Ren Zhen thought about it for a few seconds and realized that Chen Guangming was talking about Guo Tiansong's case.

"Remember, what happened?"

If the court or the Public Prosecution Court called and asked about this case, Ren Zhen might think that there was something wrong with this case?

Although the judgment has taken effect and the probability of problems is low, this situation is not completely impossible.

But Chen Guangming, who had nothing to do with this case, called specifically to ask, which made Ren Zhen a little confused.

"After you finished this case, the higher authorities came up with the idea of ​​revising the judicial interpretation of criminal cases related to wildlife, and the process is already underway."

Hearing this, Ren Zhen thought of the "Notice on the "Interpretation of Legal Issues Applicable in Handling Criminal Cases of Wildlife Resources (Revised Draft for Comments)" to solicit opinions from the whole society."

It's been several months, right? However, amending the law is a long process, and a few months is really not that long.

"So, this thing is not something I can decide. Why do you ask?"

(End of this chapter)