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Police sentenced to life imprisonment by a lawyer after nine years of unremitting efforts commute "exempt from punishment," the reporter Enron
October 31,hollister france, 2007, the Supreme Court judgment, the revocation of a provincial Higher People's Court sentenced the accused on Dingmou committed "intentional homicide and sentenced to life imprisonment and deprivation of political rights for life,abercrombie pas cher," the judgment, the defendant commuted exempt Dingmou criminal penalties.
This is a result of the defendant's mother refuses to accept a final verdict of the High Court and filed appeals to the Supreme Court. Almost all cases are sufficient elements to stimulate the public's hormones: firearms, involving police, involving "official second generation" (Sire Dead province officials). If this occurs, the network is bound to become another focus of the event triggered massive concern. Well-known criminal defense lawyer, Beijing law firm partner CHANG lawyer said the case was finally successful appeal, not only his personal lawyer career pinnacle, but also explain on a deeper level "person before the law equality,abercrombie pas cher, "the essence of man.
Crime: confusion audience burst of gunfire
Case dates back to April 25, 1998 in the evening. That night, a city woman Gumou line of 11 people, three men traveling in a car after dinner to leave the hotel to find a place to sing. After the road, where a car traveling the same direction with the Jetta taxi rub, "the man" theory Xiamou off, beaten. Xiamou overwhelmed and fled. Xiamou hurriedly call 110.
In this case, rub the scene, onlookers have been clustered into a circle. Another taxi parked nearby, the driver rolled down the window to watch Liu. And just parked his car in the next Gumou companion Zhang.
Zhang asked: "You are to watch, or soliciting?"
"Columbia" Ryu casually replied: "soliciting."
The other suddenly shouted, reaching that punch.
Ryu get off quickly, about the theory about it, I saw several people simultaneously menacing rushing towards him, and had the same desperate to flee.
Just at this point, when a branch of a city Public Security Bureau police patrol Dingmou three squadrons police received 110 cloth, driving police cars and two colleagues came together. Liu saw fleeing savior, and quickly ran to the police, said: "I am a taxi driver, they hit me for no reason." Just got off the police, several people have been covered with the alcohol chase over.
Subsequent development of events so that onlookers big accident. Ding First Liangmingshenfen, while Google will be directed immediately to a pedestrian Dingmou. First, bad language, then, a man punched him in the face, suddenly nose bleeding. In this case, Ding be wrestled to the ground, handcuffed.
Gumou et al rage, pulled down the valley from behind Ding tussle. Another policeman was also Gumou peers who knocked him down. Qianhuhouyong more and more people crowd. For the safety of another police will not suffer serious harm, prevent further deterioration confusion, Ding took out his pocket pistol, fired warning shots on the air! Noisy crowd immediately retreat, including Gumou including all temporary was overawed.
However,abercrombie france, even more surprising thing happened. After only a few seconds,tiffany outlet, but soon came Gumou hand grabbed the collar Ding said: "You have a gun to scare Who hit me?!" Suiyou and Dingmou tear. Late into the sleeve gun Ding hurried parry block to avoid ripping the shot hit Gumou right chest. Gumou shaky ground.
The hospital died, Gumou death. Police Dingmou this behind bars.
Question: Why should the police gun?
When CHANG lawyers take the case, Ding has served four years in prison. Two local court trial ended, with "intentional homicide" and sentenced to life imprisonment Dingmou. But Ding Mou's mother never gave up hope, kept rushing the way the complaint.
"Complaint" extremely difficult, especially in criminal litigation cases, even more difficult. By carefully review all the materials of the case study CHANG keen to find a lawyer, the main evidence to convict Ding is an eyewitness testimony, and it is precisely this testimony, doubt very much that there is not a small problem.
After meeting with Mr. Li Ding Mou has begun serving a sentence. The tall former People's Police muttering: "I do not need a gun to intentionally hurt a woman ah ......"
Ding had on violence assaulting unarmed men to uniform, thin body force to deal with a single woman Gumou, and motivation to do what is necessary?
In the case of still first or second instance when the Ministry of Public Security also comment. Think in the circumstances, according to the use of firearms regulations, police officers have the right to fire warning shots.
Ms. Lee believes that the court finds Ding "intentional homicide", there must be sufficient evidence. The key evidence in the case is finalized has repeatedly made Qinmou witness testimony. Two trial court agreed that the presence Qinmou eyewitness testimony, "the evidence is reliable and sufficient" enough to identify.
The problem is precisely on this so-called "really,http://pe52.com/forum.php?mod=viewthread&tid=6772, fully," the testimony.
Complaints: seize the last glimmer of hope has CHANG remember the lawyer's hands and well-written "petition for retrial," the Supreme Court entered the scene: wearing suits him into the yard, which is gathered from all over the country come to the complaint People trying to shift him as a reporter, have gathered around, tell grievances. Until he repeatedly said, "I also appeal to the" we only gradually dispersed.
Focus reason Mr. Lee took the complaint, diametrically opposed to focus on two courts convicted the main evidence: Qinmou testimony.
Qinmou witnesses testified three times to the investigating authorities. The first was the incident that day, that at 0:00 on the April 25,http://www.dasrw.com/thread-458840-1-1.html, 1998; the second was at 2:00 on April 26 1998; the third is 30 April 1998.
The main content of the testimony as follows: "The crowd in front of hundreds of people already, two patrol with a handcuffed man on the police,http://www.jiaofu365.com/bbs/forum.php?mod=viewthread&tid=303648&fromuid=77465, the two woman would not let",abercrombie, "two and two woman on patrol tussle in Together,hogan outlet, "" the woman (ie Gumou) also grabbed the policeman. At this time, the Rangers put out a pistol and shot the Tianming That woman said, you gun scare Who? dare gun fight I ah? Then they rushed up and grabbed the hand of the police collar son,hogan outlet, got washed up. They can also tear (drag) to a moment later I heard a gunshot,woolrich donna, the crowd of people on the loose In a moment the woman fell to the ground. "
Among them, Qinmou does not prove that he saw police "Taiqiang shot" and did not prove Gumou with which hand the police pulled the collar.
When the investigators further asked them how to "tear",louboutin, the Qinmou Answer: "The police grabbed the woman with his left arm,abercrombie pas cher, his right hand holding a gun, muzzle down, then,tn pas cher, that the woman has washed up and said You dare to shoot me, ah, said, leaning up stickers. At this time, the policeman's arm like a Taiqiang rang, the woman called, she was a gun fight. "
Qinmou use "seems to lift" such a vague word answer investigators,louboutin femme.
In the second testimony,louboutin pas cher, the "like lift," the description changed. "They just a touch, I saw a little lift arm police, the gun went off." What are the police for shooting Gumou intentionally "slightly lift" or Ding pulled and torn hand to witness the formation of a "a little lift" feeling? Investigators did not ask detailed, witnesses did not answer the question.
The third most crucial testimony reads: "I would watch the Rangers right-hand gun, hand a Taiqiang rang."
From the initial "seems to lift" to the then "a little lift" to the last tone of certainty "hand lift!" Thus, the prosecution and two trial court maintained that Ding "Taiqiang shooting" deliberately killed Gumou.
However, CHANG lawyers believe that this use of evidence, can be described as far-fetched! Because there following a testimony:
"Q: Can you talk about, and that is how the patrol second gun fight? A: That woman is pulled,http://www.duo88.net/forum.php?mod=viewthread&tid=109204,scarpe hogan, the cop let a few seconds of time to patrol the right one Taiqiang rang"
Ms. Lee believes that the so-called "Taiqiang" is in "That woman pulled,woolrich donna, the cop let" in the "pull" and "No pull" in the process, resulting in pulled the trigger, the bullet fire, not a deliberate shooting . Here there is neither Ding "intentional homicide",moncler sito ufficiale, the same does not exist "negligent homicide." Because, in the case of the police fired warning shots, people have receded, Ding could not foresee Gumou also rushed to pull tear. So, without being able to "see" the consequences of the case, the case of "accidents"! Therefore, Ding's behavior did not constitute "manslaughter."
Evidence: Guns in the hands of uncontrolled fire
Lee lawyer with the two files of evidence confirm each other:
First, the conclusion Provincial Public Security Bureau of Criminal Identification of the book is: "Two pieces of gap closure at the tops of the submission form a close shot."
Second, the Municipal Public Security Bureau, the city's Procuratorate, the Municipal Intermediate People's Court, the Provincial Public Security Bureau, the Provincial Procuratorate, the results demonstrate the Provincial High Court on April 30,http://www.kueiwa.com/forum.php?mod=viewthread&tid=1113272, 1998 made a joint appraisal of the book is: dead right upper chest and back, have a right shape of the hole in which the upper right chest wound ...... shot wound to the entrance wound was shot right back exit. Concluded that the firing range for a very close range, shooting direction from the deceased body on the front right, rear left oblique. Right thorax slightly collapsed, creating the center front midline 8.0 cm; the right upper corner of the back of the shoulder with a 2.0 cm 4.0 cm long wound rampage, a center after 6.0 cm from the midline. The creators of the aforementioned upper right chest wound through, since the right anterior oblique InnoPath left rear,woolrich outlet, 17.0 cm long.
Identified two basic facts proved: First, this is the fatal shot at close range and firing two stickers; second, the bullet entrance and exit of the "diagonal", by right and left.
CHANG lawyers believe that the testimonial Qinmou testimony further confirms the key:. "That woman pulled, the cop was not to" Ding his gun or his gun hand, suddenly rushed to the Gumou "pull" force and Ding "No pull" tear in two or three seconds lead pistol fire, not an active firing! Also, because the bullet hole is the entrance and exit from the chest down, diagonally from the back out,http://www.zqgx.net/dz/forum.php?mod=viewthread&tid=96264, just explain Ding "No pull" Gumou insist pull, only to Ding hands of gun fire out of control.
Commuted: 9 years later freed
In the "retrial application" and submitted to the Supreme Court, "pleadings" in CHANG lawyer wrote: "As the people's police Ding Mou, if continued trouble blocking of that gang assault, home of the matter, is a serious dereliction of duty! "" Punch 110 policemen assaulting a police officer's behavior constituted violence,moncler outlet, violence against the law! "" But the prosecution's indictment and verdict two trial court has intentionally serious violations of the pack behavior on legal instruments strongly 'simplified' and 'fade', thereby Ding violence and assaulting a police officer who handcuffed lawful fired warning shots in exceptional circumstances, wrongly characterized as a process in the performance of their duties, 'take measures improper, letting harmful consequences occurred, killing one person, 'constitute' intentional homicide '. This look dead consequences, its causes are not as deep research careful study, the results alone on sin, is typical of the' objective incrimination '. "
CHANG lawyers' pleadings "to the presiding officer in both the trial court's proposed cross-examination:
"If not, who drink Gumou trouble chasing innocent taxi driver, if not Gumou violence, assaulting a police officer and others, their behavior has led to hundreds of people watching the traffic jam,http://www.156176.com/bbs/forum.php?mod=viewthread&tid=217419,moncler outlet, the formation of a very chaotic situation, who are charged with public security duties As for how can Dingmou warning shots?! Before the gun did not fire warning shots into the sleeve, and violence assaulting Gumou associates, immediately rushed to pull tear, torn between gunshots were pulled down. In these circumstances, I do not know what Ding Mou 'take measures inappropriate' act? Two trial court so demanding of police officers perform their duties according to law, so favoring violent criminals assaulting a police officer, so no one has reached staggering proportions honest man! "
"Criminal Procedure Law" Article 16 clearly: behavior objectively results in harmful results, but not intentionally or negligently, but due to unavoidable or unforeseen reason caused, not a crime. Therefore, Mr. Lee firmly believe: Dingmou guilty.
CHANG further elaborated, two trial courts certainly can "doubt" Ding murder "temporary intentional", the problem is that the suspect must have the necessary evidence to be corroborated. "Doubt" is no substitute for the truth. If there is no conclusive evidence to support the trial court's two "suspects" can not be established by law. According to "the Conflict" trial guidelines, the court shall order the law on the grounds of insufficient evidence, the verdict Dingmou guilty.
October 31, 2007, the Supreme Court made a final judgment,http://xn--fiq06lpuc9g132a3k6a.net/bbs/forum.php?mod=viewthread&tid=721647, the defendant commuted Ding "exempted from criminal punishment." Ding Mou has experienced nine years in prison out of the prison gates, and free.