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in the courthouse holding a written decision, silent stand. Beijing Times reporter Sun Siya photo
Hebeianguo city's richest man, Tong Ren Tang, one of the largest suppliers of two years in prison, eight years to redress the grievances, not guilty, suffered protest, penniless, living debt, demanded a high price for state compensation ...... these keywords, including almost as play the prime of life.
 
March 15 morning, made nearly 70 million yuan of state compensation Jiaozhan Jun Baoding in Hebei Province Intermediate People's Court to get a piece of paper "to suspend compensation" written decision, because in effect for two years in Baoding City Procuratorate made acquittals the protest. Terms of Jiaozhan Jun, after more than two years of unjust imprisonment, eight years redress, more than two years after the road to seek state compensation, everything seems back to the origin. Indeed, protest the prosecution, it is not the first time.
 
□ verdict eve
 
On the mood
 
Expect mixed results
 
March 14, 2013 in the afternoon, carrying a paper bag Jiaozhan Jun, was admitted to a price of 219 yuan within the Baoding City Inn. Baoding Intermediate People's Court in accordance with the March 11 notice issued to him, he will get at 9:00 on the 15th that he had two years looking forward to the State Compensation (December 8, 2011) long decision.
 
Who could have imagined today's ailing old man, who is the richest man in the country 10 years ago, the city of Hebei Province, is the largest supplier of Beijing Tong Ren Tang; 10 years ago, has a more than 200-square-meter courtyard in Beijing, with more than 100 workers in the pharmaceutical plant, in Amara city has the area's most luxurious hotels and an annual turnover of more than 10 million Chinese herbal medicine business.
 
Late afternoon, sitting in a chair in the room, think of the day is about to get our hands on state compensation decisions Jiaozhan Jun mixed. The joy is that, after eight years and 2 years redress claims that their grievances finally have an explanation. Sad is that the peak of his career was interrupted in prison for 10 years but never find it back, but the law can have a real possibility of his fair slim.
 
"Recently the Internet has seen some legal sources said, although I made nearly 70 million in compensation, but the final amount can not hold high expectations,"  sighed, he worried that his own proposed compensation only elusive, worry No artificial wrong case responsibility, not for him to pay economic loss, fear that the courts only token issued a written decision on compensation for low-cost, to protect these misjudged maker.
 
Said the status quo
 
Her debt accounts were closed
 
Talking about the present life,  said, or from his encounter unfair treatment 12 years ago talking about. In 2001, Jiaozhan Jun suspicion of issuing false VAT invoices crime, was sentenced to four years; in July 2003, the court commuted his sentence to three years, suspended for four years. But Jiaozhan Jun or against, "I have not sinned, why should judge my punishment?" Since then, eight years after his petitions and appeals, and finally in 2011 from Baoding Intermediate People's Court to get a piece of paper acquittal.
 
Today, though Jiaozhan Jun Chen Yuan was washing, but the weight of his distress still life could not lift their heads. On the one hand, after being wrong in custody, the court seized his hotel, the business sector medicine company revoked his license, contract laboratories in Beijing also closed down due to inability to work. On the other hand, in order to redress and maintain basic living Jiaozhan Jun to sell off the two-story he lived in Anguo City, Beijing's courtyard houses and luxury cars.
 
However, in addition, Jiaozhan Jun also saddled with the court more than 10 million of debt.
 
Today, Jiaozhan Jun survive on debt. Meanwhile, although the Court in 2008 seized the hotel gave , but he was only so-called "right to use" because the court seized all his bank accounts, as long as the hotel offers rental earnings, the court will be drawn directly go to debt. According Jiaozhan Jun calculations, all these years, planning to go to his court a total of 9 million yuan accounts, which also includes daughters from Shijiazhuang City, to give Jiaozhan Jun wife 10,000 yuan of money for medical treatment.
 
Speak reason
 
Misjudged cases resulting in huge debt
 
Since it was the richest man in the city of Amara, the debt come from? said, because it was larger than the stall shop business, he needs to purchase a large amount of goods, in business dealings and therefore, inevitably the case of a mortgage or loan exists.
 
After  is wrong in custody, five due to the presence of normal business dealings and relationship with his personal debt or unit, after learning he was suspected of a crime, worried about his inability to pay, and have to Anguo court for his immediate debts.
 
"In fact, the period of those debts are yet to come, have together only by the borrower for three days, but the court did not follow the procedures after the first sentence people, I have no rights in the proceedings of the case and so, put the case to I was sentenced, " said, was unable to defend his behavior in captivity, a number of economies have been losing the case, count the interest of these years, he was to pay a total of more than 1,000 yuan in compensation.
 
Although by 2011, Jiaozhan Jun Beverages completely cleared of the charges, but more than 10 million damages verdict is still valid, it has been unable to pay his family was ruined  his succession to the Yasukuni Baoding City Court and Court for a retrial filed more than economic cases, the results have been dismissed.
 
"These debts are the result of wrongful convictions, if the building is not closed down, if I can also run on no less than the debt owed" Jiaozhan Jun can not figure out why these losses should be borne by the wrong case, and now have made him to bear.
 
□ courtroom
 
 
 
The judge read out the prosecution protest
 
At 8:00 on the 15th and more, Jiaozhan Jun came to the court in the Baoding in the hospital, waiting for the results of state compensation. Reporters were not allowed audio and video recording, camera recording, but allowed to attend. In addition, it has been received in the hall once the external security of reporters, thrown out of court, again from top to bottom to check again.
 
Approaching sentencing time 9:00, the inner court gathered a large number of judges and judicial police, in addition to  UNCC had seen a judge, there are several that he never met the judge. Judge strange standing on the court, and served to  announced a protest in writing from prosecution.
 
In the written protest, the People's Procuratorate of Baoding Jiaozhan Jun previous acquittal filed complaints that the court hearing the case Laiyuan program illegal, it may affect the impartial judgment. Procuratorate, said in written protest, the people's court shall, in accordance Laiyuan "indictment" of alleged VAT invoice charges for trial, but its proceedings, in the absence of receipt of a written change prosecutors to prosecute charges in violation of the relevant procedural requirements, in accordance with the "sin tax" on the case was heard, while the "indictment" of alleged "false VAT invoices crime," no trial, in the "judgment" also did not carry out this crime is established Analysis found that part of the program illegal, error of law.
 
Court, wearing reading glasses Jiaozhan Jun,http://bbs.shenghuo365.net/thread-1115040-1-1.html, carefully read over this protest in writing. Then he raised his fist,http://dalichina.com/forum.php?mod=viewthread&tid=160380, roaring up in court: "You did not mean that the whole people it was the case when the trial, the prosecutor in open court to change the charges, the Court's judgments also recorded, now Procuratorate again for this reason? to protest, they put me up? I refuse to sign! "
 
State Compensation to suspend the trial
 
After  refused to sign written protest, strange judge left the courtroom. Then, in the hospital of Baoding UNCC three judges Jiaozhan Jun Xiang read about his proposed state compensation decision.
 
Jiaozhan Jun did not stop his protests, continued to roar loudly, but the judges did not stop his behavior. In  loud protest, the judges read out the written decision in a hurry: As Procuratorate to lodge a protest, the court decided to suspend the trial Jiaozhan Jun proposed state compensation.
 
After the decision to read the book is completed, anger  and their families have been to the extreme, several families from the gallery stood up and rushed to the court railings, loudly asked: "Not guilty verdict has taken effect, a protest against the acquittal in force can do ? "" Procuratorate protest in writing, why allow the courts to serve, you are complicit in it? "In this regard, a female judge before leaving,http://che.hb118114.cn/forum.php?mod=viewthread&tid=7709300, he responded that these are done in accordance with legal procedures.
 
After leaving the court, Jiaozhan Jun back to the hotel could not help but shed tears. Originally, he was ready mentally prepared for the worst, "I was thinking about the worst thing that they are only willing to compensate me a little money,scarpe hogan outlet,http://211.86.128.2/gjjl/Review.asp?NewsID=595, ignoring my economic losses and moral damage, but did not think the result turned out to be so , so unexpected, they are too bully people. " Jiaozhan Jun said Procuratorate protest in writing, will he hit back to the starting point, his 10 years of hard work to redress the grievances were in vain.
 
Thought to want to, Jiaozhan Jun decided to receipt of written protest prosecution, "I do not sign the sign will not affect the protest, better get back, a good studies, at least one of their hands could get evidence of human rights abuses."
 
Thus,http://www.88822.com/#03666/read.php?tid=980, Jiaozhan Jun returned to court, a judge surnamed Wang served a written protest. Judge Wang explained that, according to the Baoding City Procuratorate is the supervisory authority of a final judgment in the trial of  lodge a protest, in line with the law. At the same time, in accordance with Article 17 (e) of the "People's Court on the trial court UNCC procedures provided for state compensation cases," the court suspended the trial, thus "Procuratorate protest and suspend the trial court are in line law. "
 
□ Reporter Interrupted
 
 
 
The first initiative to withdraw protest
 
Reporters learned that, in fact, this is the second time the prosecution Jiaozhan Jun acquittals lodge a protest. The first time was in May 29, 2011, when Laiyuan County Court on May 20 just to Jiaozhan Jun made a guilty verdict, but not yet in force. Laiyuan County Procuratorate from the entities to the judgments of the protest, one of the reasons there is sufficient evidence for the case Jiaozhan Jun facts of the crime of tax evasion.
 
Since then, the case because the first protest, and again from Baoding Court hearing in the trial process, Baoding Procuratorate considers the protest inappropriate, proposed withdrawal. Baoding Intermediate People's Court on December 16, 2011 order granting withdrawal, Jiaozhan Jun acquittals in the same time.
 
This is the second time the prosecution to lodge a protest,tiffany milano, protest authorities withdraw the protest before Baoding Procuratorate. The rationale and justification for the protest or different from the first, is protest Baoding's Procuratorate in accordance with the powers of the Trial Supervision of entry into force of the decision, reasons to question the acquittal is from the program, that the court did not receive Laiyuan Written under the Charge of the prosecution changed the situation, according to the "sin tax" for the trial.
 
However, the reporter was in Laiyuan County court acquittals see the judgment of the third page of the third line clearly documented in the "trial prosecutor changed the charges of tax evasion alleged crime." Upon inquiry  and attend the families over time after the trial, the reporter learned that, when the prosecutor changed the charges verbally. So, it will appear highlighted in a second protest "does not receive written prosecutors changed the charges."
 
Memories case judge to tears
 
Jiaozhan Jun tears,louboutin prezzi, he told reporters that he obtained acquittal before, the court gave him a leadership commitment: not to compensate, no trouble, no accountability related personnel, or not to sentence him guilty; even sentenced not guilty, he will be re-trial is scheduled heavier crime. "I did not think that these words really come true," Jiaozhan Jun said he had thought it was only the amount of compensation to be low, but I did not expect it so the whole of his Procuratorate.
 
However, this is only a statement of  party. Jiaozhan Jun previous acquittals, in the end is not fair? With this question, the reporter went to the acquittal of Laiyuan County Court.
 
The court was hearing the case rejected a reporter's interview. But in conversation, he recalled the scene at the time, and made a solemn promise, "This case is in accordance with the procedures at each step to go down, in terms of a man's personality, or do the professional conduct of judges, I can say that the case The facts are clear. "
 
The judge said the case was initially Yasukuni court, after court-appointed trial to Laiyuan, after 10 years of time,http://gamsa.net/guestbook/index.php?item/create_form/1, the full court and court leaders have attached considerable importance to this case, all the proceedings are conducted in accordance with procedures. When it was announced Jiaozhan Jun innocence, Jiaozhan Jun youngest son in court should give him knelt down, he still remember this scene, "I was, and quickly will he help up."
 
When a reporter mentioned that the latest progress of the case is already in Baoding City Procuratorate protest on the grounds that no legal proceedings at the time. Hearing this, the judge moved, he was silent for a long time, and gently wipe the eyes of tears, "not only to me, I believe that every judge will follow the procedures prescribed by law,http://periscopewebvideo.com/user/35887/fbconnect, the things on these programs and entities on the referee the instrument can be reflected, "the judge said, he was feeling a lot in this case, for Jiaozhan Jun for so many years, to get a guilty verdict, really not easy.
 
After the conversation with the correspondent of the judges, Jiaozhan Jun himself and on whether the prosecution had asked the court to change the charges of judges. The judge made it clear that the prosecution did change the charges, which are clearly described in the court record and the verdict.
 
□ expert opinion
 
 
 
The prosecution intended to torment people protest
 
In the case of reading the  instruments, the Beijing Lawyers Association Criminal Law Professional Committee members Zhaoyun Heng believes that this case reflects the characteristics of the prosecution of judicial retaliation particularly evident emphasize justice in the context of protection of human rights, practices in the prosecution of the case, serious undermined the authority of the judiciary.
 
Zhaoyun Heng said that the intention of frustrating the prosecution and the defendant's retaliation was manifested in the following aspects:
 
First, it is the former public prosecutor (Laiyuan Procuratorate) made after guilty verdict has been mentioned protest, that is the law applicable wrong, the program does not mention the issue, after the higher offices (Baoding Procuratorate), withdraw the protest that the protest inappropriate. In this case, two Procuratorate have no right to continue to protest. From trial supervision legislation, the two right Procuratorate protest at trial supervision have been exhausted.
 
Second, in the first protest in writing, the Procuratorate is the first instance of its proceedings, the accused on charges of tax evasion crime as a precondition, made the protest entity, called for the prosecution of tax evasion offense. Then,nike air max pas cher, a second protest, but to prosecution only reason he did not submit a written change prosecuted on charges of. Judging from the second protest, the prosecution has no hope of entities, one of its aims is frustrating people.
 
Third, at the commencement of the first instance court's decision has clearly changed the prosecution to prosecute offenses under the circumstances, the first protest did not disagree, but the body of a second protest - Baoding Procuratorate, made a withdrawal in protest,air max outlet, also The program did not mention the issue. When two years later, and as a pretext to lodge a protest.
 
Fourth, the public prosecutor to submit a written change prosecution charges, the prosecutor handling procedures is whether improper question. On this issue, the court can not restrict the prosecutor, so the prosecution to deal with their judicial acts reflection, and not as a pretext for accusing the court proceedings illegal.
 
Fifth, the prosecutor whether to raise a written change procedures, the court shall hear not a prerequisite, not to mention whether the prosecution whether to change the charges, the court has the right to make and Accusation different identification.
 
Meanwhile,  also believes that the case also reflects the intent of the prosecution wanted to use the existing judicial interpretation to delay or even prevent the state compensation, especially during the compensation soon concluded, the prosecution malicious use of judicial interpretation, trying to stop the State Compensation This is actually a misuse of the law.
 
& Nbsp; & nbsp; & nbsp; □ case playback
 
July 3, 2001
 
Jiaozhan Jun XingJu, August 2 the same year, was arrested.
 
May 27, 2002
 
Yasukuni City Procuratorate to the crime of VAT invoices Jiaozhan Jun prosecution.
 
January 15, 2003
 
Yasukuni court held that the crime of false VAT invoices can not be established, the judgment Jiaozhan Jun guilty of tax evasion and sentenced to 4 years in prison.
 
January 18,http://che.hb118114.cn/forum.php?mod=viewthread&tid=7709235, 2003
 
Jiaozhan Jun appeal to Baoding Court, the Court remanded to the facts are unclear cassation.
 
July 20, 2003
 
Commuted to three years in prison, suspended for four years. July 21, 2003
 
was released from the detention center. At this point two years and 17 days in custody.
 
After the release, Jiaozhan Jun after several petitions and complaints.
 
May 12, 2011
 
Laiyuan County Court for retrial decision to make, declared Jiaozhan Jun innocence.
 
After the revision, after Laiyuan County Procuratorate to lodge a protest, Baoding Procuratorate considers the protest inappropriate withdraw the protest.
 
December 16, 2011
 
By Baoding Intermediate People's Court ruled that the court Laiyuan effect.
 
September 19, 2012
 
Baoding Intermediate People's Court formally accepted the claim Jiaozhan Jun 6981 Yasukuni million yuan national court to apply for compensation.
 
November 2, 2012
 
Baoding Intermediate People's Court held a hearing on the case. March 14, 2013
 
Baoding's Procuratorate to lodge a protest against acquittal.
 
March 15
 
Baoding Intermediate People's Court announced Jiaozhan Jun apply for state compensation case was suspended.
 
& Nbsp;
 
A18-A19 version written Jinghua Times reporter Sun Siya
 
(Original title: Innocence discuss drug sentencing State Compensation "popped" the prosecution protest)
 (Edit: SN021)