As a Lawyer, You Sent the Judge In?

Chapter 275 The court statement is completed and the verdict is reached!

 The 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 all parties have no objections, the court presentation will now begin.”

 “Please ask the prosecutor to begin the court statement.”

 Judgments in all aspects have now been completed.

 The court presentation stage.

  Meaning that the trial has reached the final critical moment.

The key point of 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 judgment could not be upheld in this trial.

 If the case is lost, it means that the facts found by the court are different from those found by the prosecutor.

At 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 a relevant court statement.

“Presiding judge, our court states 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, and the main public opinion issue is the relationship between law enforcers and those subject to law enforcement.”

  “Similarly.”

“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.”

　　　….”

“Presiding 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 let’s start the prosecution’s statement.”

to be honest.

ˆ Li Xiong didn’t know what particularly powerful point he should state for this statement.

 What are the main key points in the court statement?

  It is to explain 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.

“Presiding judge, 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…”

　　　….”

 Lin Youping nodded to Li Xiong’s court statement.

 The statement will be made from the perspective of the family, and more of the issues related to civil compensation will be involved.

 After Li Xiong finished his statement, Lin Youping turned his attention to the defendant's seat.

“Ask the defendant or a lawyer entrusted 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.

 Finished thinking.

Su Bai spoke slowly: "We will not make any defense for the death caused by our legitimate defense."

“Presiding Judge, 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 many people believe that law enforcers should have the right to enforce laws, the law enforcer 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 is 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 1.75 meters tall and weighs about 60 kilograms, face a group of people who are over 1.75 meters tall and weigh 65 kilograms? People weighing more than a kilogram?”

 “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 have thought that the few people in the family still need to support themselves and would be impulsive? , will attack?"

“Most people’s thinking is that I just have to 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 thing again, that is, Zhou Li’s monthly income is very little except for the support expenses for the elderly, the food and accommodation expenses for the family, and the medical expenses for his children.”

“Then if he was not forced to do anything, would he dare to offend the urban management officials? You know, setting up a stall is his livelihood. If he loses the income from setting up a stall, how will his family live?”

“To be precise, if there was no other way out, he would not dare to offend the urban management personnel.”

"As a party, Zhou Li may not be particularly comprehensive in some aspects. The above is a supplement to my correlation." "Please also consider this aspect. When a person dies, many aspects can be considered to determine the final verdict.”

 “Presiding Judge, I have finished my statement.”

After listening to Su Bai's statement, Lin Youping nodded, then stood up and banged the gavel.

 “Closed court!”

“The verdict will be announced one week later. After the verdict is announced, the verdict will be issued to all parties.”

 Bang the gavel in Lin Youping.

Su Bai took a breath and closed the court to delay the announcement of the verdict.

 That 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 of the postponement of sentencing.

 However, the audience watching this trial seemed a little anxious.

"Why don't you adjourn the court and pronounce the verdict immediately? I don't quite understand. I just ask, this situation is already obvious. Can the verdict be pronounced in court?"

"Yes! I still want to know how to judge? Can anyone explain it?"

“As for the relevant people involved, 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 judgment to be sent."

“But…the most important thing about this case is the issue of civil compensation.”

“The collegial panel did not make an in-person judgment, probably because there was no corresponding understanding regarding 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...”

“However, how much will this civil compensation cost? I’d better prepare it…”

Su Bai was silent for a few seconds about this question, and then spoke again: "How much money does it cost before the other party is willing to reach an understanding? This is the other party's request."

“But it can’t be too high, and 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 court.

 Soon.

Same as Su Bai thought, on the second day after the court was closed.

 The court hired a mediator to conduct mediation on civil compensation.

 But... Xia Jingping seems to be very sensitive to money.

 At the opening price, a compensation of 700,000 yuan was directly requested.

  But...the court determined that the liability for civil compensation was divided and the relevant compensation liability issue did not reach the compensation fee of 700,000 yuan.

And Xiao Hong couldn't afford the compensation of 700,000 yuan at all.

 But no matter what the court and Xiao Hong said, Xia Jingping disagreed.

“I don’t care, my previous offer of 2 million was rejected. Now I want 700,000, which is not too much, right?”

 “At least 700,000 yuan in understanding fee!”

“I’m not even willing to forgive you for missing a penny!”

Xia Jingping 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 contains a detailed description of the manner, methods, and related prison terms of determination and determination.

　　　….”

“In this case, He Ping still attacked Zhou Li despite knowing that Zhou Li was holding a knife, thus acquiescing to He Ping’s subjective and intentional aggression.”

“Because Zhou Li had been 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 assault stopped, but He Ping continued to attack (punched Zhou Li).”

“Under objective conditions, it is determined that the unlawful infringement continues.”

  “That is, achieving Zhou Li’s defensive behavior.”

“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 was sentenced to four years and six months in prison, suspended for one year.”

Looking at the contents of the verdict, Su Bai smiled.

I have to say that Lin Youping, as the presiding judge, gave very humane sentences.

 Those who cause death due to excessive self-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 is considered to be a one-year suspended sentence, and the factors within Zhou Li's family were also taken into consideration.

 and.…

 This determination takes into account the lack of understanding.

  How can I put it this way, 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 the presiding judge's taking dirty money!

Xia Jingping hurriedly contacted Li Xiong: "Lawyer Li, you should have read this judgment, right?"

“I think this presiding judge is 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)