Ding Mou confession, confession.

A man accused of arsonDefendantPeople, yesterday in Changping District court trial, court estoppel. His defense lawyer in his confession on the grounds, refused to act as his counsel, from the court to. In 9 years of court reporters interview career, this is the first time encounter.

The lawyer refused to debate the admission

In the case of a defendant is Ding 44 years old, he was accused to set fire to his live in girlfriend. The public prosecutor said, this year in March 13th at 11 pm, Ding in Changping District her home, because of emotional problems and 41 year old girlfriend live more than a quarrel, and want to kill more than a. Ding the liquefied gas will be moved into a room, the LPG tank valve gate alignment burning stove, and the valve open, resulting in liquefied gas tank on fire, causing more than a burn, backyard residents put out the fire. The medical identification, Yumou damage constituted a minor injuries.

However, Ding in court denied deliberately. Ding Mou said: "the day of noon, after I come home, Yu Mou to play cards with my money, I gave it to her. Then she asked me for some money, we had a fight, then I put the gas tank moved to the house, when the gas tank was not strict, but I didn't mean to was not strict, coal stove in the room at the time, causing liquefied gas tank on fire."

Turn the counsel questions, lawyer Yang asked Ding: "are you to today's hearing confession prevail or in the public security organ of the confession prevail?" Ding said: "to say today is." The lawyer asked again: "your confession discrepancies with today's hearing statements, you whether or not to approve the prosecutor accused the fact, fire what?" Ding again said: "the stove promoter leads to liquefied gas tank fire."

In this case, the lawyer Yang said: "because I'm a legal aid lawyer, the defendant in the indictment charges the basic facts are not approved, the relevant legal provisions on, I refuse to plead for the accused." After the presiding judge agreed, yang to leave.

It is understood, Yang Ding is court appointed defense attorney. Because Ding had voluntarily pleaded guilty, but the court has a confession, so Yang think and designated defense does not match the content, so refused to defend.

Experts believe that the "Lawyers Law" defects

China University of Political Science and Law professor Hong Daode said, "lawyer law" provisions of article thirty-second, the lawyer entrusted, without good reason, refuse to defend or agent shall not. However, the matters entrusted illegal, or the client intentionally conceals important facts related to the case, the lawyer shall have the right to refuse to defend or agent. From the law point of view, the lawyer can take "the client conceals facts" as an excuse to refuse to defend.

However, Hong Daode think, "this provision of law" is not to see the special defense system, did not see the great difference between defense and agent. The scope of authorization authority depends on the principal agent, agents can not violate the client will. But the defender is different, the defender shall enjoy legal status completely independent, is independent of the participants in the proceedings. For example, the defendant insists on his innocence or not to admit the crime, and advocate according to the facts of the case, the control laws, can do guilty leniency in defence of the accused; or on the contrary, the defendant confessed to the crime, and the defenders do pleaded not guilty. The opinions of the defender and the defendant whether is consistent, both sides are valid for the court case.

It is this point of view, based on the Hong Daode said, "lawyer law" article thirty-second if only for an agent to make the requirement is reasonable, but the agency and the defense put together, there are defects.

The suspect has the right not to self confession

Professor Hong Daode, the defender is not affected by the defendant will constraint, how to defense does not depend on the defendant's attitude. Defense lawyers understand the facts of the case, the evidence collection, there are many ways you can use. The defendant provided, only lawyers understand the case, one of the ways to collect evidence. Visible, whether the defendant truthfully statement, and can not become a decisive factor for defense lawyer can defend work objective. In this case, lawyers only to the defendant "hide the fact" or "false statement" refused to defend the right of the defendant's right to defense, that is the limit or deprive.

Chinese law firm in Beijing City, Zhao Sanping's lawyer said, if cannot decide the reasons, a lawyer shall not refuse to defend, otherwise will be punished the judicial administration department; if there are legal reasons to refuse to defend, should be dealt with in accordance with the provisions of the termination of contract, rather than run away. Zhao Sanping's lawyer thinks, the criminal case should be made by the prosecution to prove the defendant guilty, the defendant has no obligation to self confession. Therefore, the defendant confession, not recognized earlier statement refused to defend, is not appropriate.