Black case lawyer: "he was arrested for whom"?

In December 14, 2009, Chinese Youth Daily "Chongqing Gang" false door a lawyer"Nearly 20 people were arrested "like a heavy bomb, caused a strong vibration in the bar. But, after reading, we see not hard, the subjective, curry favour by claptrap, to set the record straight, wrote as follows.

One, "Gong Gangmo report" Beijing lawyer Li Zhuang for "meritorious service" credibility is very small

The article said: "the morning of June 3, 2009, Gong Gangmo, fan Qihang underworld organization for the 'leading' position, expand its sphere of influence, in Edinburgh Chongqing Jiangbei District made a bloody gang killings. After the gunfire, the police lock 7 clues, found 7 black evil gang involved, immediately mobilized a large number of police to detect...... Gong Gangmo, the suspect was arrested after, still hope for the 'organization', conflict, confrontation, silence for interrogation. Is beyond all expectations, in the people's court for trial days, Gong Gangmo for meritorious service, take the initiative to the police to report the defense lawyer Li Zhuang, Ma Xiaojun and others abetted the forgery, mitigating the facts of a crime."

Jailed Gong Gangmo for "meritorious service", not only for defense lawyer Li Zhuang, Ma Xiaojun hard to pay, not only does not coordinate with the defense lawyer Li Zhuang, Ma Xiaojun thought, but "to blow", "sell" their help benefactor, is not reasonable, also do not accord with the logic.

According to the "law of criminal procedure", "lawyer law" provisions, lawyer to defend, shall according to the facts and law, materials and opinions of the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility,, safeguard the legitimate rights and interests of criminal suspects, defendants.

Li Zhuang as the defender, as the maintenance of the legitimate rights and interests of Gong Gangmo, Gong Gangmo not stupid score is not clear, "the dog nasty bite". Even if there is, the "report" is Gong Gangmo? Whether it is the voluntary behavior? The "report" that is reliable? There is no legal basis? Chongqing Municipal Bureau of public security, procuratorate check? Chongqing Municipal Bureau of public security, procuratorate is how to verify?

Two, Chongqing Municipal Bureau of public security, procuratorate handling procedure is worth discussing

The article said: "December 12th, the alert, Qianhui Beijing Li Zhuang sent a message to a leading Chongqing Court: 'the organization decided to, us two lawyers to withdraw from Gong case, no longer served as counsel, please tell the authorities.' But that night, Li Zhuang is Chongqing City Public Security Bureau summoned according to law. In December 13th, Li Zhuang was arrested by the procuratorial organs."

By the inference, 12 12 Li people in Beijing, and to a leading Chongqing court issued the message. However, that night Li Zhuang was summoned to the Public Security Bureau of Chongqing city. According to this logic, in Li Zhuang before returning to Beijing, the Chongqing Municipal Public Security Bureau has sent undercover in an office or residence of Li Zhuang. Otherwise, the Chongqing Municipal Public Security Bureau may not on the night Li Zhuang summoned.

The second day (December 13th), Li Zhuang was Chongqing City Procuratorate approved the arrest! Chongqing Municipal Bureau of public security, procuratorate so "efficient" handling speed, people have to doubt this is hitting the case of Chongqing lawyers set a set, and the lawyer Li Zhuang may be a loser.

As the article said, the December 12th Chongqing City Public Security Bureau personally, the Li Zhuang case is a big, important. Chongqing City Public Security Bureau to summon Li Zhuang, questioning the witnesses, investigation, criminal detention, preliminary examination, the request for approval of arrest, etc.. Did not think of the Chongqing Municipal Public Security Bureau with only one day to finish all the legal procedures and evidence, the day will be able to Chongqing Municipal People's Procuratorate approved the arrest of Li Zhuang case, so the efficiency of handling cases, is perhaps the "Chongqing speed", "Chongqing characteristics".

"The law of criminal procedure", approved by the public security organs, people's Procuratorate indictment arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility.

I really do not know the Chongqing Municipal Public Security Bureau application for approval of arrest and the Chongqing Municipal People's Procuratorate approved the arrest of the book be told? Its authenticity, legitimacy, effectiveness is doubtful.

The content of the report three, Chinese Youth Daily suspected of leaking state secrets

From time, December 12th Li people in Beijing, the Public Security Bureau of Chongqing City, compulsory summon, in December 13th, Li was arrested by Chongqing City People's procuratorate.

But, as beautifully criminal cases, on the same day Chongqing city procuratorate arrest Li Zhuang, Li Zhuang case all "details of the crime" and "crime" was Chinese Youth Daily "master" and "exposure", and said "with every detail vividly described", like the real thing, let the unknown facts mistakenly think that criminal judgment that is Chongqing City Court made to Li Zhuang!

Otherwise how could Li Zhuang's "crime" time, place, purpose, motive, means, the amount of crime number, content, say clearly, as clear as noonday?

Li Zhuang even suspected of a crime, even by the Chongqing Municipal People's Procuratorate approved the arrest, however, because the case is still in the stage of investigation of public security organs, the relevant evidence belong to the national secret, could not be provided to the media. Then, relevant evidence and the specific case of media do you know? Who is also disclosed? Disclosure of what means the case? Is the "monkey see" black case, stunned lawyers? Deliberately leaking state secrets, to put pressure on the court?......

"The law of criminal procedure", without the approval of the people's court, no person shall be found guilty.

Chinese Youth Daily First impressions are strongest, Overgeneralization, attract words, word report Li Zhuang case eyeball with all kinds of, is to Li Zhuang "the guilty verdict". We know, any media have no jurisdiction, our law only gives the people's court has jurisdiction, the media is not the people's court has convicted, cannot use this judgment in the report's words to report cases. Such irresponsible reports not only without the court convicted Li Zhuang cause extremely passive situation, but also to the Beijing lawyer, even China lawyers had a negative impact, extremely bad at the same time, serious misdirect netizen, the public and other media.

In four, Li Zhuang was forced to take measures, the relevant authorities shall perform the obligation of notification

"The law of criminal procedure", when a person detained by public security organs, must produce a warrant.

Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs.

"Lawyers Law" provisions, lawyers in litigation activities due to suspected crime lawfully detained, arrested, detained, arrested authority should be in detention or arrest, after the implementation of the twenty-four hours to inform the lawyer's family, the law firm and the lawyers' association.

Li Zhuang was forced to measures taken by the Chongqing Municipal Public Security Bureau, Chongqing Municipal People's Procuratorate, Public Security Bureau of Chongqing City, Chongqing city procuratorate shall notify the Li Zhuang within twenty-four hours of family members, law firms and lawyers association. However, the Chongqing Municipal Public Security Bureau, Chongqing Municipal People's Procuratorate did not fulfill the obligation of notification.

Conversation five, Li Zhuang and Gong Gangmo should not be listening

"Lawyers Law" provisions, the criminal suspect the first interrogation by the investigatory organ or coercive measures taken to date, the lawyer commissioned by a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect, defendant and understanding about the case. The lawyer to meet the criminal suspect, defendant, not monitored.

In this case, Li Zhuang is met with Gong Gangmo three times, the conversation every time Li Zhuang and Gong Gangmo, were originally recorded "". As everyone knows, in Chongqing a case, defence lawyers met the suspect, the defendant is not easy, not only need the approval of Chongqing City, a leading group, but also the whole project group members "escort", do not know Li Zhuang too bold jump to, or project group is too "drop one's guard", unexpectedly Li Zhuang told Gong Gangmo that "not to be divulged secret".

Ten thousand steps back, even Li Zhuang and Gong Gangmo's "conversation" is true, Chongqing City Public Security Bureau also is suspected of violating the law to meet the criminal suspect, the defendant's right "can not be monitor". Illegal recordings are done feet? Can be used as "evidence"? Whether by court? ---- all is unknown.

Six, Chinese Youth Daily confuse the public, publicly vilified image of lawyers

The article said: "according to the data, in criminal cases, lawyers win ratio is only 5%, which is 95% is lost."

In this paper, a concept of confusion, as defendants pleaded not guilty to success that win, after the attorney's efforts, the defendant is not in favor of reducing, lighter. Thus, the so-called data to users, the public and other media a hint, namely "lawyer" useless ", lawyers are big flicker".

So, do not know whether the journalists clearly have occurred in the Chinese 300 alleged lawyer in criminal cases, the real decision lawyer guilty and several?

Please friends from the press reported the rule of law case, the best first "cram" about the legal knowledge to write this article, lest make a fool of oneself, confuse the public.

This paper also said: "in the face of great litigants input, how many lawyers lose reason more than in the note said 'sorry' to the party? The parties are suffering, actually caused the 'second damage'. The lawyer embarrassment as and abuse 'unspoken rule', caused by the disaster to bear by the state and the people, and authorities to weakening the credibility of the bear, herd mentality, unspoken rule impact on the image of the party and government, so the party and the government to foot the bill! The Chongqing political and legal system, officials said at last."

Do not know why don't the journalist friends to the Chongqing politics and law system officials to give your name, I really do not know is the official did say it, or a reporter in fabrications.

The ancients said: "If the lips are gone".

The lawyer as public intellectuals and legal service workers, to provide legal assistance for the parties, although there are many unsatisfactory place, but, as one of the legal community lawyer occupation, to safeguard social fairness and justice, maintain national the correct implementation of the law, safeguard the legitimate rights and interests of the parties, not play a decisive role.

As the saying goes: "you cannot clap with one hand". If the lawyers can abuse "unspoken rule" let the judicial corruption, I think it is too "respect" law energy. We know that bribery is corrupt, I really do not know why the system of politics and law officials always take shit to all the lawyers who buckle, whether they intend to conceal the real culprit?

So, please the political and legal system, officials before speaking, put his mouth clean, in fact has not thoroughly investigated before, not because of one thing and hit a large! Also please media friends reported in legal cases, put things get out before you put pen to paper, lest because of the false being attacked, or even prosecution.

(author: Liu Hui, Beijing, deputy director of the law firm, Beijing City Bar Association Young Lawyers Association member, Beijing Lawyers Association, traffic management and transportation law professional committee, China lawyer, "lawyer" magazine Chinese commentator, Chinese law document of Law Research Association.)

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