What's wrong with this lawyer?!-Chapter 890 - 286: I Think This Smacks of Retaliation!_3

Moreover, whether before or after proving, one cannot be in the public gallery.

So those who say witnesses are directly waiting in the public gallery are either talking nonsense or their local court is indeed not strict.

In the Criminal Court, the Judgment Chief announced the start of the trial, and Lao Tang, as the defense attorney, read the application for retrial.

The core argument of the application for retrial is that the actions of the inspection team were illegal!

“According to Article 226 of the Criminal Law, anyone who obstructs the work of state functionaries by violence or threats shall be sentenced to no more than three years in prison, criminal detention, public surveillance, or fined.”

“Therefore, we can know that there is a very important prerequisite for the crime of obstructing public service, which is that the state functionaries perform their duties according to law, and only in this case, will it constitute the crime of obstructing public service.”

“However, in this case, the actions of the inspection team are themselves illegal. First, among the nine people, only Qi Xueyan from the urban management bureau has the administrative law enforcement certificate.”

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“Our country’s ‘Administrative Penalty Law’ Article 42 stipulates that administrative penalties must be implemented by personnel qualified for administrative law enforcement, and there must be no fewer than two law enforcement officers. Similarly, ‘Administrative Coercion Law’ Article 18 also stipulates…”

Although the frontline law enforcement personnel are indeed scarce, a regulation is a regulation. If there’s no issue, everything is easy to discuss, but when problems arise, they must be hashed out.

The reasons for these regulations are understood by everyone.

In short, it requires more than two people, and both must have administrative law enforcement certificates, otherwise it is legal.

“Second, according to… regulations, in case of violation, a fine of not less than one hundred yuan and not more than five hundred yuan may be imposed. Even if our client violated the regulations, they could only impose a fine and should not have seized the merchandise outside. This itself is an illegal act!”

“Third, the inspection team’s penalty procedure was severely illegal, as they seized without notifying our client or informing them of their rights and obligations…”

“Fourth, after the conflict occurred, the police station had already imposed administrative penalties on this behavior. Later, after our client repeatedly petitioned, one year later, a criminal case was decided. We believe this act has the appearance of retaliation!”

“In summary, the administrative actions of the inspection team were severely illegal, and our client does not constitute the crime of obstructing public service!”

Lao Tang only mentioned four reasons, three of which prove the illegality of the administrative actions, and the last one was added because he disapproved of the behavior.

Honestly speaking, whether or not it is retaliation has nothing to do with the case itself; it is a matter that follows, bringing it up now is purely to be provocative.

As for the evidence… the second trial verdict and the notes from the Public Security Authorities are evidence since they are their own statements.

Exactly how many law enforcement certificates there were, whether they went through the legal process to inform, etc., the Public Security Authorities can find out upon checking.

Even if there were fabrications at the time, once they reach the court and go through cross-examination, if found to be false, it will be the crime of perjury. This is the Criminal Court.

So, Lao Tang can easily find problems in this area.

The prosecutor’s facial expression is poor, or perhaps he realized before appearing in court that today will be troublesome, as the opponent will definitely cling to the issue of illegal law enforcement.

Nevertheless, he still has his job to do.

The inspection team found Liu Qiaoqiao engaged in business obstructing the roadway, based on the city’s documents about health and beauty initiatives, so decided to temporarily seize her merchandise.

However, this was just a decision, there was no substantial seizure at that time, and as a result, Liu Qiaoqiao came out and started cursing people, and then she initiated physical assault, violently obstructing the state functionaries from performing their duties.

Moreover, after the conflict ended, Liu Qiaoqiao again insulted the inspection team at the door for a long time.

Three witnesses each took the stand to testify, proving that Liu Qiaoqiao indeed obstructed the law enforcement of the inspection team with violent actions.

In addition, there is also video evidence at the scene.

As for the issue of illegal law enforcement, the prosecutor believes that not showing credentials proactively, not informing of rights and obligations, and not making a seizure list, are due to unregulated execution of duties and do not affect the establishment of the crime.

Hearing this, Lao Tang laughed. After the other party finished speaking, he then said: “An illegal basis for law enforcement, illegal law enforcement procedures, and this situation is merely unregulated execution of public duties?”

“Judgment Chief, I request to ask the prosecutor two questions.”

The Judgment Chief looked over and nodded: “Permission to ask questions granted.”

Lao Tang then looked at the opposing prosecutor: “I would like to ask the prosecutor, if the basis for law enforcement is illegal and the law enforcement procedures are illegal, are all these just unregulated execution of public duties? Can I assume that any illegal law enforcement acts can be regarded as unregulated execution of public duties?”

The prosecutor’s face was very dark, and the young lady beside him quickly said to the Judgment Chief: “The defense attorney’s question is irrelevant to the case, refusal to answer.”

The Judgment Chief then looked at Lao Tang: “Please refrain from asking questions irrelevant to the case, I’m warning you once.”

Lao Tang didn’t respond, acknowledging his agreement; indeed, he was a bit agitated.

Mainly because what the other side said was unbearable, they threw the law in his face yet still spoke of unregulated actions; he really couldn’t resist retorting.

He also didn’t question the witnesses, as there was no need.

Otherwise, there are many reasons; all three witnesses are from the enforcement team, so the credibility of your witness testimonies is somewhat problematic.

The trial ended without a verdict being announced at the scene. Lao Tang packed his stuff and walked out, ignoring the few people in front murmuring.

Doing it wrong, you can impose penalties according to regulations without any problem, but you cannot just put someone in jail for resisting when your side enforces the law illegally.

Lao Tang thinks this approach is very inappropriate!