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Text | staff reporter | Zhang Manion from the bottom of the North Sea,http://doga.jp, Beijing
Beihai lawyer Yang was arrested in new, Li Zhuang was released in the fourth day. They had no intersection, because of the same reason in jail: the crime alleged prejudice to testify, and was taken away by the other three North Sea lawyer. Disaster from the pile agent intentional injury case last year, of which three defendants had pleaded guilty, after four lawyers to intervene, the defendant retracted in court, so the case is not sentenced to long delay, the police found a lawyer because abetting.
Four lawyer Li Zhuang repeat the mistakes of the message on the lawyer Yang Jinzhu's blog after the first public, lawyers in an uproar, they once again feel the "Criminal Law" Section 306 of mass destruction, the first time decided to join forces, to imprisonment Peer stretch to help, because, to save him that is self-help.
Four lawyer's nightmare
If there is no new Yang, Yang Zhonghan, Roth square, Liang Wucheng four lawyers involved, intentional injury case as early as 10 months before sentencing, the North Sea would have added an uplifting "good thing": the public security organs to solve the case quickly, the judiciary power Correctional murderer criminals evade the law, to comfort the souls of the dead. The recognition of the recognition of the merit of merit. However, the so-called "iron case" was four lawyers easily punctured.
The crime of intentional injury, born November 14, 2009, the deceased is 17-year-olds Huanghuan Hai, who had been an altercation with several other defendants occur, and friends in the West Bay north of Beihai beaten. A few days later, body was found at the bottom of the North Sea Fisheries dock fishing boat in the bay. After three days of investigation, police announced the North Sea case solved: , who after fights, ordered the others will held hostage to the Fisheries dock, beaten to death and postmortem sea. Involved seven suspects were all detained on criminal charges.
August 9, 2010, Beihai Municipal People's Procuratorate of which four suspects were prosecuted, Yang in new,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, Yang Zhonghan, Roth Fang, Liang Wucheng four accused were held counsel. After evidence, confessions of the accused lawyers discovered many doubts, and the testimony of witnesses there are contradictions between, the four defendants accused of murder postmortem insufficient evidence. Thus,louboutin pas cher, after the September 26, 2010 hearing, lawyers for the parties to do four pleaded not guilty, it is also the spot where the three defendants retracted, the Court therefore unable verdict. After three trial, still to no avail, "ironclad" thus becomes a "fan case."
Impasse in March 2011 to be broken, the three witnesses to testify have been arrested within a few months, and soon turn to a lawyer. June 14, 2011, lawyer Yang was arrested in new and , Roth party and residential surveillance. In a later press conference, the North Sea, police said three witnesses confirmed that the alleged perjury and other criminal suspects of harboring Pei Jinde. The trial, Pei Jinde and other four defendants admitted retracted the Department of Yang Xin, abetted by a lawyer. 4 lawyers suspected of abetting perjury lure the parties and witnesses, obstruct the normal judicial investigators, has been arrested for the crime of defender prejudice to testify. Reporter July 19 call Beihai City Public Security Bureau, the council said the officer, before the release of the contents of the case in order to prevail, no new cases released.
The lawyers concerned by the case files and materials analysis, reached the same conclusion and Yang et al. In the new. Yang Jinzhu said the dead forensic autopsy and the defendant's confession there are significant contradictions, testimonials revealed that the deceased with severe brain injury and death, the body does not have any wounds,http://www.88822.com/#87788/read.php?tid=980, while the defendant's interrogation transcripts there using the "tripe knife "cut the head of the deceased, chest and buttocks confessions. In addition, the public security organs interrogation transcripts confirmed the first defendant Pei Jinde not in the first scene, which is a major indictment of the case, contradictions, overthrew the main facts of the indictment alleged. "On paper a case would go, statements, transcripts totally not on, how can the police justify it?" Lawyers room Ligang said that many lawyers have inferred that the defendant began to plead guilty in court and retracted, it is likely to It is the result of torture.
Lawyers into the group
Young to the correspondents confirmed new wife Wong Chung Yan, when the witness was arrested, he had been aware of their situation. He all the materials of the case to the director of the law firm where Tanyong Pei, and asked his wife, once they have been caught, would contact the lawyers reputation remarkable Yang Jinzhu. Yang was arrested the next day after the new, Yang Jinzhu Wong Chung Yan received the phone, he quickly released the news in a blog.
Chinese lawyers act is imprisonment for a rise of peer and started that way.
The announcement the same day, Yang Jinzhu to lawyer Chen Guangwu called and asked if he would be willing for alleged perjury four lawyers to provide legal assistance, Chen Guangwu approval. I tentatively a few circles quite well known lawyer candidate, would like to invite them to join. "We want Beijing to find a few 'big names', but things just happen, probably a little bit scared, they are less willing to go." Chen Guangwu said. Plans had to change, they decided to find a few not "big names", but also very good lawyers to participate, Zhuming Yong,woolrich outlet online, Lee Venus, Zhang Kai, who immediately summoned from. With widespread cases, there are more lawyers "Qingzhan." Yang Jinzhu and Chen Guangwu chosen few who was active as a supplement. "We see a few lawyers on this case written several weighty articles, writing skills and legal level is very good." Chen Guangwu said that this is an important criterion for selecting members.
June 16, 2011, to provide legal assistance to Yang et al. In new lawyers initial composition, Chen Guangwu, Venus Lee, Yang Xuelin, Zhou Ze, Zhuming Yong, Zhang Kai, who will go to the North Sea, they call themselves the "Northern lawyers." Chen Guangwu led, Yang Jinzhu sits.
"4 lawyers transcripts very standardized, there is a witness signature, the process also have audio and video evidence, they must have been wronged." Zhuming Yong said, from four different law firm of four lawyers were arrested at the same time, it is very rare, although police later learned that at a news conference declared that the defendant admitted lawyer abetting, but true, the only court. Worked as a defense lawyer Li Zhuang Chen has Western analysis: "After seeing the accused lawyer, has been informed of legal rights, you know there are right to be heard,http://www.mobileread.com, the right to refuse to answer unrelated questions, check the notes right, the right to modify the record, the right to sue torture After the right to apply for withdrawal, calling for an investigation to verify the right. know many of the rights that the suspect will not be sheep, the police will be very annoyed that are lawyers instigated. "
At 3:00 on June 27, six lawyers gathered in the North Sea, do a simple division of labor, ready to provide legal assistance to four lawyers. In his blog, Venus Lee wrote his own voice: "Even if we correct this very great era, there are endless injustice and must be such as tip of the iceberg, there are a lot of injustice was time secretive swallowed. gone like the wind. "Faced with the confrontation will begin, lawyers are indignant, they used" Sea Battle "and other words to describe the next action.
North action
"Lawyers" before leaving Beihai in Guangxi has long been a local lawyer, the firm entrusted with where four lawyers to provide legal assistance for them. However, the police refused to meet with them. Tanyong Pei said he eight times back and forth from Nanning to Beihai, we have not seen the new Yang.
Powerful "foreign aid" to the local and foreign lawyers a total of 10 a few people to go with Beihai City Detention Center, requested a meeting with four lawyers and witnesses, were rejected. According to Zhu Mingyong introduction, he asked to meet the original court case, witnesses Song Qiling intentional injury, he was told people not detention center. Lawyers have to get together a predetermined documents, it has been requested to Beihai City Haicheng Bureau approval. "They suspect lawyer card is a fake, signed by power of attorney is false, letters of seal is false. If according to their logic, all are likely to be false." he said.
After some negotiations, the police agreed to meet with Yang in the new requirements. June 28 afternoon, Chen Guangwu and Zhang Kai met Yang in new, this is the first time after his arrest in contact with the outside world. Meets the outset not successful, according to Chen Guangwu introduction, he and Zhang Kai to the detention center after the investigating authorities arranged two field of surveillance personnel, he was very angry, ask accordance with the "Law on Lawyers' lawyers met ban on listening, ban Any person accompanying regulations must leave, but was rejected. The two sides immediately began to argue, in order to prevent this meeting nothing came, they decided to make concessions. Yang was brought in new, Chen Guangwu self-introduction gettin head, then burst into tears in the new Yang, frankly he did not do any illegal things are framed. Meets It was in this atmosphere of sad completed, Chen Guangwu later relayed to other lawyers, but also can not help but shed tears.
After a few road while the other lawyers claim, but has not seen his own party. The evening of June 28, Zhu Mingyong received another lawyer Yang Zhonghan wife XingJu the news, the phone's voice was extremely excited, was released, released on bail. Midnight, he heard that two other lawyers also returned home. On the "lawyers", this is the best news since the North Sea. In this case, the new wife Yang still full of worry, the next morning, she received a formal arrest notice.
Young left in the new, "the lawyers' attempts to persuade the three lawyers to stand up, but three lawyers invariably remain silent. "Although he has returned home, but still did not lift the monitor, if you violate the terms of residential surveillance notice, there may once again be taken away." Fang's wife said Roth.
The situation has changed, "lawyers" decided to temporarily leave the North Sea adjustment strategy, in addition to Yang in new appeal for innocence, but also agents of intentional injury case, and take in new things unfinished poplar. "We feel intentional injury case, cover the case of witnesses and lawyers perjury case is integral intentional injury case is leather, lawyer perjury case is gross, if the former can be acquitted of the latter will be of great help, if imposed, guilty, can not prove that the new impede Young testified. "Zhuming Yong said.
July 10, Yang Jinzhu announced the second batch of members, new blood into "lawyers." 10 cases of intentional injury lawyers Pei Jinde and other four accused and additional defendants not guilty defense. July 17, originally intended in a couple of days July 25 hearing before the trip to the North Sea's lawyers in advance of departure, due to the lawyer by the parties at the meeting room Ligang obstructed.
"Lawyers" after the end of the first phase of the meeting, Room Ligang alone to the North Sea. According to him, the meeting with his client fifth defendant, was Baibandiaonan, even accepting strict security, several security checks are not passed, he put in his pocket all the metal objects are out, the alarm is ringing incessantly. Finally, under the requirements of the police, he was out of the belt smooth clearance. It'll soon be in Beijing's "lawyers" that, subsequent to the Guangxi People's Congress Chen Guangwu and the judiciary sent a open letter, which is considered insulting lawyer personality, require perpetrators to Room Ligang and the National Lawyers apology. Did not get a reply, "lawyers" decided in advance to go to the North Sea, the first for the room Ligang a say. "I think things Piru room Ligang from the social sense, to be more important than the case itself." Chen Guangwu says lawyers handling the case also security, it is simply incredible.
Waiting for them, not just insulting. The evening of July 18, Xu Tianming, Yang Ming and other arriving across the North Sea. Several lawyers are meeting with Chen Guangwu's room to discuss the next day's program. Suddenly, dozens of families of women claiming to be the dead Huanghuan Hai rushed, Hanyuanjiaoqu, trying to thwart a lawyer to defend the accused. When the lawyer picked up the camera, the other out of control emotions immediately began tearing lawyer. Lawyer Lee ran immediately reported the matter after Venus. "I told the police that 30 people besieged us, but they just sent a man over, then I and then another report, only a few people came, they came after regardless, just watching on the side. We live somewhere,doudoune moncler pas cher, will know how the deceased was so clear that we have reason to suspect that this is entirely the police had planned, they want us out of the North Sea. "Lee Venus said. Room Ligang said the incident after the incident lawyer had asked front desk explicitly recognize the police had come to inquire accommodation situation, which is also the "lawyers" clear evidence of police questioning.
Family of the deceased person claiming dispersed shortly lawyers go to a restaurant, hit from happening again. This time, Lee Venus was knocked to the ground and taken to hospital. Go with the lawyer he said, probably because Lee Venus days exertion, coupled with not eating, so relatively weak, although minor injuries, but this behavior has violated the lawyer's bottom line.
In fact, the North Sea have been concerned about aspects of the lawyers. Since Yang was arrested in a new message revealed to the world, Yang Jinzhu lawyer blog, etc. At any time refreshed every step of the progress report to the public. The police will take action accordingly, July 14, the North Sea's Procuratorate withdrawal was criticized lawyers for the flawed indictment, and soon, a witness has also been released. "Lawyers group" generally believe the prosecution to amend the indictment to bring it back again, so that lawyers can not find anything wrong.
Things developed to the point where, several lawyers find it impossible to schedule a hearing. Two days later, Guorusuoliao. Beihai City Intermediate People's Court official notice: intentional injury case July 25 hearing can not be scheduled once again postponed the trial, time to be determined.
Young people in their new
Order lawyers Yang came from all directions in the end is what the new people? Wong Chung Yan said his wife, he is a do not care about money,http://www.jisc.go.jp,woolrich online, brave man generous attempts. Over the years a lot of people do not dare to do the case, quite well known locally. "Sometimes I ask him, some cases can not earn money, you can also take it to do, he will tell me that if every lawyer handling the case is for the money, those people how to do was wrong, justice is a price to pay . "
Yang in his new home is located in Hepu County, Beihai worked overseas Chinese middle school a little mottled old building. Room furnishings crowded and messy, a leather sofa has cracked hole, wrapped with transparent tape layers. Wong Chung Yan no stable job, or the sale of health care products, or selling insurance, almost no income. The main source of the family in the new Yang. Wong Chung Yan admitted that the couple's main contradiction is the money, she just always felt Yang in the new case, without concern for the future of tuition mundane and children. "He handling the money is not a lot, are lower than other lawyers asking price." Wong Chung Yan said, the agency fee income of only 6,000 yuan, how could he be so little money for perjury.
Yang is still a new "criminal record." 2003, has been a labor camp for six months, on charges of prostitution. Wong Chung Yan said, that is being wronged. According to her description, a police officer was dismissed the Public Security Bureau, as Young had a friend in the new offer some help, police suspect Yang abetting in this new police petition, to find an excuse to get him up. "After that, he received a lot of other people can not take the case, the police certainly would have wanted him whole, but could not find the opportunity to start, this is finally seize the opportunity to do the article." Wong Chung Yan speculation.
Wong Chung Yan mouth "others can not take the case" that is, petition, rights, rodeo and other sensitive cases. Tanyong Pei said that Yang has long been eyeing the new, out with him as long as investigators, telephone will always be monitored. And Yang in a new friendship very good lawyers said Guangxi, Guangxi Department of Justice prior to each firm secretly let it be, let them not received Yang in the new, and Tanyong Pei or receive him, and therefore bear a lot of pressure. "Every lawyer permit inspection when Yang was stuck in a new city, I told them about Yang in the new is a very comply with legal person." said his that has dozens of lawyers, Yang new is handling the most regulated One.
In fact, Young had in the new situation is not special, criminal defense lawyers practicing defense has come to the point where almost torn, risk is everywhere. "Criminal Law" Article 306, in criminal defense lawyers become notorious. "In criminal proceedings, counsel, litigation agents destroy or forge evidence, to help the parties destroy or forge evidence, threatening, luring witnesses to contravene facts, change their testimony or perjury, at least 3 years 7 years imprisonment." And this one only the public security organs can start. Lawyers bluntly, 306 has become a profession of lawyers retaliation tools, any time someone stumble. "Both parties should be in a peer relationship, if the public security organs questioned because of evidence and arrests of lawyers,http://karn.lib.kagoshima-u.ac.jp, lawyers why can not deny the evidence of public security organs." lawyer said.
Not just 306
Repeal 306 are growing, however, just as lawyers and academics wish, legal environment to really become clear to the police it? Zhu Mingyong pessimistic. He said that even without the 306, as long as the public power over the judiciary, criminal defense lawyers situation will not be changed under any pretext can be freely dug out.
Indeed, the whole body covered with a criminal defense lawyer "hidden rules." Chen Guangwu that practicing certificate of inspection is that many criminal defense lawyers very difficult hurdle. "Inspection is mainly to see a lawyer there was a complaint, there is no sensitive issues involved. Under normal circumstances, do not affect the inspection work. Lawyer not on the blacklist, it easily through inspection, however, as long as the judiciary blacklist, practicing certificate will be fastened. Those who acted for sensitive cases to be on the blacklist, the inspection not see you have no violation of discipline, but subject to the leadership you have no trouble. "said Chen Guangwu, for stick justice, criminal defense lawyers,http://dosankonet.jp, this is a ridge. Inspection system already widely criticized, in 2007, the Wuhan City two lawyers had more than 50 lawyers petitioned the United National Ministry of Justice proposes to abolish the annual lawyer's license registration system.
For the sake of self-preservation, criminal defense lawyers summed up the strategy,http://cutyayu.sakura.ne.jp/cabbs/sunbbs.cgi?mode=form&no=129&page=1pay;, it is sensitive cases and for only the provinces and the general case alternately. "Yang is because the new distributor in the local case, and do it sensitive cases, was on the blacklist." Chen Guangwu said. Tips to avoid risks and sometimes seem absurd, Room Ligang said, when it comes to sensitive cases, lawyers meet to meet, come to the phone's battery cutout, to prevent eavesdropping. Internal criminal defense lawyers in the circle, but also circulating a joke: Travel investigators to bring his wife to avoid being framed prostitution.
As the "home" and the Bar Association, but not to come forward, "Hu Du" at a crucial moment, this way, sad place more lawyers. After four lawyers perjury case occurred, the National Lawyers Association and Guangxi Lawyers Association may have to "maintain a high degree of concern" made clear its position, the whole process, the National Lawyers Association President Yu Ning, although condemned the behavior of the police in the North Sea, Shaanxi lawyer also published solidarity book, but the industry organization manifested in the protection of rights and interests of lawyers weak, indeed is an indisputable fact. Shi Fei guest commentator, said the BLA as a lawyer under the legal authority moment Lawyers Law, judicial and administrative authorities as the competent authorities of the legal profession in the past 10 years, although in no small progress,moncler outlet online, but the official standard management lawyer , still dominates the professional management lawyers. On some major public events, supervision Lawyers Association, and judicial administrative organs of lawyers emphasis on service, the resistance is more than power.
In the North Sea, "lawyers' application to continue to meet and evidence, after ten lawyers phone announced, there are more lawyers to express their desire to join or backup. Young will become the new second Li Zhuang, was eventually convicted, each person has their own pre-sentence, or pessimistic, or optimistic. Whether the hopes is large or small, they always still persist.
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發表於 2015-11-6 02:12:01
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