the release of drug traffickers through the leadership for approval grounds

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Heng approval after police released two drug traffickers accused of a crime, the case by the three courts repeatedly ruled yet finalized
 
Anti-drug police "favoritism" Supremacy
 
Guangxi News Network reporter
 
If the anti-narcotics police unauthorized release of drug traffickers, it is certainly intolerable law of the land; but if consent and approval procedures by the leadership after the release, and whether it constitutes a crime?
 
11 years ago, Heng County Public Security Bureau, the former anti-drug brigade captain after Chen, a deputy brigade Changle approval procedures released two drug trafficking suspects, they are therefore sued, and the court has to favoritism crime or crime of abuse sentenced, but they still think he did the crime, insist on appeal, appeal. The case despite three court repeatedly ruling, but has not yet been finalized.
 
June 25, Heng court on the case issued a fourth criminal judgments, favoritism sentenced again to two year imprisonment, suspended for one year. They are still not satisfied, was July 1 formally appeal.
 
Origin:
 
Police release drug through the approval
 
October 15, 1998, Chen, a music and other police anti-drug brigade to join the original Yongning Po Liang miaozhen suspected of drug trafficking, Taomou arrested, and seized 13 grams of drugs. Yue and Chen served as the host of the police in this case. October 17, Liang, Taomou criminal detention.
 
Le certain briefed reporters said that in the process of handling cases, they found that the two suspects were all outsiders, and the incident in Yongning, according to the principle of territorial jurisdiction, the case can not be caught in Heng reported,http://www.0580.cm/thread-3582-1-1.html, the prosecution, the case must be handed over ; taking into account the two suspects pleaded guilty to a good attitude,moncler pas cher, the two men decided to counter-narcotics brigade fined $ 10,000 after release. November 12 the same year, he filled in the name of counter-narcotics brigade about the release Liang, Taomou report, the deputy director of Hemou to sign an agreement, the two suspects released; then fill out the "punishment in violation of the anti-drug legislation for approval", the Hemou to sign an agreement on the two suspects each fined $ 10,000, all paid a fine of Regional Public Security.
 
August 2, 1999, Liang was released because of drug trafficking 0.5 grams,piumini woolrich sito ufficiale, was arrested Nanning Municipal Public Security Bureau. Le certain that after that, they took the initiative to surrender before Liang trafficking 13 grams of files to the handling unit. January 2000, Liang drug trafficking 13.5 grams, was sentenced to 7 years and 6 months court.
 
Chen can not think of music and make certain that the March 8, 2000,http://www.wifigx.com/forum.php?mod=spacecp&ac=blog&blogid=, both of whom were taken away Heng's Procuratorate, was detained the same day. November 25 the same year, Heng Procuratorate on suspicion of favoritism crime, and work his way to the music of a prosecution.
 
The release of a reporter from the music provided by the petitioner reports and penalties to see a copy of the approval form, above all stated the two suspects were arrested for drug trafficking, and seized 13 grams of heroin facts. The reason was the release of the petition is "sufficient evidence insufficient and cases of territorial management," deputy director of the above are in charge of signing Hemou.
 
Trial:
 
Repeated court ruling but difficult decision
 
January 4, 2001, Heng court judgment on the case the first time that Chen, the two music acts knowing that drug traffickers have been arrested for a crime, should be transferred to the departments concerned, but in order to solve the problem of handling the funds of the brigade, complete investigators task other reasons, take the means Yifadaixing be released, constitute favoritism crime. Accordingly sentenced Chen, Yue a year in prison, suspended for one year.
 
After the announcement, a music and Chen for various reasons, did not appeal. Le certain that after the commencement of the sentence, he was stopped by the police duties, there is no separate organization of work, and it was "hanging in". But he always thought he was in the implementation of superior orders, there is no favoritism, partiality conduct did not constitute a crime, and later, he began to appeal to a higher court.
 
April 3, 2006, the High Court finally made autonomous retrial written decision to revoke Heng court's decision, by a collegial panel shall be formed according to the law to retry the case. Music at this time seem to see a revision of hope. But let him unexpected, start retrial procedures, led to Nanning Intermediate People's Court trial and Heng County Court "tug of war."
 
April 6, 2007, Heng court on the case after the first retrial issued a second ruling that Chen,http://store.shopping.yahoo.co.jp/waiwai/bga-160-7b1.html, Music and was released two suspects families strangers, nor any act to conceal the fact that, not It identified the suspects are released for Xunsi Qing, so they did not implement favoritism Lee, an affair of intent and behavior, but the original sin finds insufficient evidence that the two constituted favoritism qualitatively incorrect and should be corrected. But they can not knowingly deal with drug traffickers and should be transferred to the relevant departments fine, they can go beyond the terms of reference for the forfeiture of drug money disguised way of fines reported release process, resulting Liang is released again after drug trafficking, serious damage to the national authorities image and credibility, leading national and people's interests suffer significant losses, his behavior constituted a crime of abuse. Rescind first criminal judgment, judgment Chen, Yue both guilty of abusing power, exempted from criminal punishment.
 
Of this decision, of course, refused to accept a music appealed to the Nanning Intermediate People's Court. August 30, 2007, Nanning Intermediate People's Court to "identify music, Chen committed the crime of abuse of power is not the main facts of the crime situation, qualitative not allowed" as an excuse retrial ruling revoked the first instance verdict, sent back Heng court for retrial.
 
But let two people did not expect: Heng court December 16, 2008 to make the third criminal sentences,moncler outlet italia, and found the two to Xunsi Qing, taken to conceal the fact that the release of drug traffickers Yifadaixing means, constituted favoritism pervert the law of sin, so as to maintain the original verdict hospital.
 
A music and Chen still dissatisfied, appeal to Nanning in the hospital again. April 8 this year, Nanning Intermediate People's Court to "breach of due process" as an excuse, the court's ruling to revoke Heng third sentence, again back to Heng court for retrial.
 
May 31, the 4th Heng court hearing the case. This time, the hospital after hearing that Chen Yue caseload of taking advantage of the conditions in the investigation process, in order Xunsi Qing, will know that there are facts of drug trafficking shall be transferred to the departments concerned held criminally responsible for Liang,http://www.jerryodom2010-1925929.adminkc.com, take measures Yifadaixing of It is released, resulting in Liang to avoid legal action, and recidivism,woolrich outlet, serious damage to the socialist legal system and social order, undermining the credibility of the judiciary, the two acts constitute favoritism crime. So, once again maintaining the hospital's third decision.
 
Doubt one:
 
Why the lower court playing "tug of war"?
 
From seen since 2006 to start the retrial procedure,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=5373, although and after two rounds of the two courts of first instance and the second instance, but the case is still not finalized.
 
In this regard, the music of a defense lawyer said the case of the referee instrument much is rare. In fact, many times in two court rulings have been completely Chen and music can be drawn conclusions favoritism does not constitute a crime, the court why "do not buy it," repeated trial, completely committed a lower legal logic error due.
 
Music of a defense lawyer also pointed out that the trial debate and Heng court in the second trial directly "favoritism crime" commuted "abusing power", no doubt beyond the allegations of the prosecution, when they both prosecutor and When the judiciary, in violation of the basic rules of criminal procedure.
 
Doubts II:
 
After approval of the leadership whether exemption?
 
Heng court in the court debate in the 4th trial, Chen, a music mentioned an important episode: the release of drug traffickers is the result of collective discussion and decision of the brigade, and truthfully report to the leaders in charge of the case, after the approval of the leadership, They are the superiors decided,piumini woolrich sito ufficiale, therefore does not constitute a crime.
 
Chen's lawyer, said the release of drug traffickers is any behavior Heng County Public Security Bureau leadership and units, Chen Yue just specific executor; fine for two drug dealers is a specific administrative act of Heng County Public Security Bureau, nor Chen, music individual behavior, so the two do not constitute a crime.
 
Music of a defense lawyer, said the case should be the subject favoritism Heng Public Security Bureau, Chen and Yue just a specific handling personnel, both in their personal behavior can not complete release Liang's behavior, they are not decisive the role of people.
 
In this regard, the original release of the Liang report Shenqian deputy police chief Heng HeMou Procuratorate asked in an interview, said some music or Chen (remember) will report on the cross, he demanded the release of drug traffickers approval, "As I was preparing the countryside, the tight schedule, but also did not see the contents of the report, just sign it 'agreed to release', also confessed that they run after the signing of the transfer procedures, transfer procedures in charge of the anti-drug brigade, because afterwards busy work, I do not know whether the handover. " The music of a say, public security handling procedures familiar people know: the transfer of the criminal case, the suspect can not be released before, but directly for the relevant transfer procedures.
 
Heng County Court in several proceedings have said: "Although the two procedures for approval and then press release, but does not affect the establishment of the offense." Unit behavior for Chen, Yue two argued after the release of drug traffickers is a collective discussion, The court held that there is no definitive evidence to be confirmed, so that the behavior is a personal conduct two common implementation. Court also held that even if the release of drug traffickers after a collective discussion, if the discussion is all the staff voluntary collective vote, it is common to implement favoritism behavior, but also on favoritism accomplice in the crime be held criminally responsible for the problem, and can not therefore exempt from the two criminal responsibility.
 
Doubts III:
 
Confiscate personal benefits constitute favoritism?
 
In this case, the music has been argued that some families have not received the benefits, there is no profit,http://store.shopping.yahoo.co.jp/ebest-dvd/0000000786686.html, the Court finds that they have no interest favoritism. This is the case laid another suspense: if individuals do not constitute a crime profit?
 
Le certain that he and the two suspects non-relative, therefore, strangers to each other; and when investigators do not have any contact with their families, he said that no one find love, not to mention the benefits of accepting families; the release of suspects After two million fines collected were turned over to the state treasury in full, he personally did not benefit from it shred. Therefore, he neither favoritism interest, nor Xunsi Qing, did not constitute the crime of favoritism.
 
For Chen, "favoritism", "partiality" of the question whether the two music exists, the court held that there is testimony confirmed, after which the case of narcotics from 100% refund fines paid to the Public Security Bureau, the bureau and then to return to the brigade for 68% funding for casework, one of the reasons the two release drug traffickers precisely to resolve through a fine brigade funding for casework,http://www.tradersshop.com, get a small group interests, the two exist "favoritism" undoubtedly motivated. Meanwhile, another reason is the release of Liang Liang's relatives who love many times, so the two exist "partiality" motives.
 
Some argue that there is no music from accepting any personal benefit, but favoritism crime in criminal law, "favoritism" not only refers to the many have suggested individual's "private interest", "affair", including private cabal many have suggested, the interests of small groups and provided they have the motivation favoritism,http://msmc.dip.jp, the implementation of a capricious and behavior, whether in personal profit are not asked. Therefore, they argued that there is no profit in this case, the release of drug traffickers through the leadership for approval grounds, and therefore do not constitute favoritism crime is not established.