In 2011 06 months 24 days 15:26 Southern Weekend

　　

    Guangxi four lawyers in the agent with the "left over" investigation of the witness, and the innocent plead for the accused. Then the four lawyers have been suspected of perjury charged with investigation and.

Some firms in Nanning city immediately convened an emergency meeting to discuss, risk aversion in criminal cases, all feel with one's hair standing on end. "In the future, in addition to relatives and friends of the case, not doing the criminal case." Some lawyers said.

In June 13, 2011, Guangxi Nanning city 100 for Ming law firm lawyers Yang Zaixin suddenly by the Beihai Municipal Public Security Bureau to "testify" detention.

3 lawyers and Yang Zaixin was arrested at the same time and Nanning City Liuzhou: Director Luo Sifang, Hu Xiang the lawyer Liang Wucheng, the lawyer Yang Zhonghan city. The 4 is the 2009 Beihai city "11 · 17 murder postmortem case" the 4 defendants lawyer.

4 lawyers in the case of suspected of perjury is caught, in the country are extremely rare, in Guangxi and even the national lawyers have a dramatic shock. In June 20th, the National Association of criminal Business Committee of the Secretary General Han Jiayi told the Southern Weekend reporter, the National Lawyers Association is concerned about the case, has asked the Guangxi autonomous region and the association of Nanning investigation association.

　　

Lawyers, witnesses, ""

In June 21st, Guangxi Beihai City Hall press office in the notice said, the four lawyers are "suspected of obstruction of justice" is derived from the 2009 "11 · 17 murder postmortem case".

The murder, the police investigation that: Pei Jinde gang fights in the three road, PEI in the early morning of November 14, 2009 2-6 to five or six will Huang Huanhai held hostage to fishery quay, beaten to death and postmortem sea.

10 months later, Pei Jinde, Pei Gui, Yang Bingqi, Huang Zifu 4 people deliberately hurt the court case. On the court, Song Qiling and so on three / person, after the three road beatings, Pei Jinde and her, and pan, Yang Liang girls, two male companions were the 6 person came to the happy street a hotel stay, no killing time. She and Pei Jinde living in the same house, sleep until the morning of the second day 8 o'clock. Her mobile phone has no electricity, also borrowed a charger, and 10 yuan of money to the boss.

If Song Qiling and Pei Jinde together, Pei no crime time, how to make 3 beat Huang Huanhai? The defense lawyer proposed.

The defendant first confession stabbed Huang Huanhai, then called the cuff and kick, inconsistent. More strange is, Huang Huanhai's autopsy report shows, yellow for craniocerebral injury, who has no cuts, no subcutaneous tissue contusion. "In summary, the public security organs in the investigation not comprehensive and objective and fair investigation to collect the defendant guilty and not guilty in the case has become the material is a reason." Yang Zaixin defends the idea that, he made a plea of not guilty.

The 4 defendants in the last statement, have both insisted: "I didn't do it, but also I am innocent."

Beihai City People's Procuratorate think, to prove the defendant confession, the witness, the overthrow of the fishery quay beaten to death plot, "the trial of cases come to a deadlock". In June 22nd, Beihai officials to the media about the case said, "the prosecution that the 3 witness testimony is obviously inconsistent with the facts ascertained, be suspected of perjury......"

In 2011 January, Beihai prosecutors written proposal of Beihai City Public Security Bureau perjury judicial proceedings. The witness Song Qiling, Pan Fenghehe Yang Bingyan has been to the harbor crime summoned for questioning. In May another intentional injury crime suspect Pei Rihong arrest.

The authorities in Beihai say: song, Pan Yang, 3 people have confessed to shield Pei Jinde et al the facts; after the trial, Pei Rihong admitted that the fishery quay beat the victim to death plot; Pei Jinde 4 suspects confessed retraction caused by lawyers for Yang Zaixin. 4 lawyers was accused of abetting, luring the parties and witnesses of perjury, obstruction of Justice Authority "normal case", "has violated the criminal law 306", suspected of the crime.

According to chief of Beihai city procuratorate Department Zhang Zhigang introduction, 3 witnesses initially in the crime of shielding case, has now been identified perjury facts, has entered the stage of review and prosecution for perjury.

　　

Dangerous Forensics

4 lawyers are abetting, luring the parties and witnesses to acts of perjury?

In this case, Yang Zaixin, Yang Zhonghan two lawyers charge 6000 yuan; the other two lawyer charges 8000 yuan.

Yang Zaixin's hundred for Ming law firm director Tan Yongpei said, the risk of an expert in criminal cases were known, Yang Zaixin and Luo Sifang is local famous lawyer, he did not believe them to several thousand dollars, would run the risk of violating Article 306 of the criminal law.

In September 6, 2010, Yang Zaixin met with the defendant Yang Bingqi. Transcripts of the meeting, Yang Bingqi recognized three road to fight the fact, but said "fishery quay beat up people to death" did not do. The relevant documents show, Pei Jinde mentioned several times did not go to the fishing wharfs, but and Song Qiling opened the room for a night off. But later confession was changed back, said they killed people.

In mid September 2010, Yang Zaixin and Yang Zhonghan came to Fort village, found Song Qiling, Pan Fenghe and Yang Bingyan, for they do forensics record. They prove that the four accused in the evening in the open room, not the time of the crime. The two lawyers also made a video. Later, in the town of Hepu, and had a forensics.

However, Yang Zaixin and Yang Zhonghan still underestimated the risk investigation. In fact, Luo, beam two lawyers not to witness evidence, still do not escape.

But not every lawyer like Yang Zaixin dare to witness evidence.

In recent years, Article 306 of the criminal law in the law caused more and more fear. Such a description of the "lawyer perjury": "in the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony", more than 3 years to 7 years in prison. The famous lawyer Zhang Sizhi thinks, this provision gives the prosecution evidence for control power, and formed a kind of case handling logic: "my evidence is the evidence, the evidence as long as you and I don't agree, is to commit perjury." In the Southern Weekend reporter access to large amounts of "lawyer perjury" cases, can find some jurisdictions follow this idea to start the investigation procedure, then because of insufficient evidence to put people.

So, more and more criminal defense lawyer to "talk investigation" color degree. Criminal defense lawyers in the summary of the self protection of the "three magic weapons": don't pick the best criminal cases; not in the investigation stage of the criminal investigation and evidence collection; don't quibble, only from the prosecution evidence "".

"We dare not touch the prosecution witnesses." Dozens of criminal defense lawyers the Southern Weekend reporter interviewed, most said, change the prosecution witness testimony, not good witnesses and lawyers have planted. Because it seems to be clear and the prosecution lawyer at. "Before the hearing of witnesses, even the best also don't see." Nanning said a lawyer.

Why did Yang Zaixin survey 3 witnesses? The journey has been difficult to know the outside world. But Tan Yongpei thinks, this is Yang due diligence performance.

4 lawyers were arrested, spread out the case file material, some lawyers have seen record says, "fishery quay beaten to death" plot, is "out". The material shows, support "fishery quay beaten to death" plot evidence, no time to pull a few people to fishery quay taxi witness, material evidence, the evidence also does not have the murder weapon, only 4 defendants confession, confession and inconsistent. Moreover, Yang Zaixin met Yang Bingqi, Yang Bingqi in the transcripts of the meeting signed "process is a confession: I was hanging, was hit in the Haicheng Public Security Bureau, and now left traces".

Chen Zhanbing Beihai City Public Security Bureau police investigation of the case, except the confession, and on-the-spot examination transcripts and the results of the autopsy, and "killed" plot. As for why the dead no cuts and subcutaneous tissue injury, Chen Zhanbing think that the body was the water for a few days, has been highly perishable.

In June 22nd, Beihai officials informed the media that, 3 witnesses have admitted, "lawyer perjury to lure them". The witness is still kept in detention. Also among the 3 witnesses, only Song Qiling hired a lawyer. Lawyer Zhang Jianlong told the Southern Weekend reporter, in a lawyer only during the meeting, Song Qiling asserted that he had done in court testimony is the fact.

　　

Jittery lawyers

Yang Zaixin seems to have had a hunch. According to his wife Huang Zhongyan memories, before the incident a few weeks, Yang Huran said to her: "there are people who want to harm me, witness testimony is said to be we teach. These people have been to the lawyer." When the witnesses have been arrested, the informants were handed out relevant information.

The first few weeks, Yang Zaixin in front of the desk on the wall, put up a Hunan well-known lawyer Yang Jinzhu card, told his wife, if he once the accident, can find Yang Jinzhu.

He will also record material, the transcripts of the meeting, the meeting videos and transcripts to Yang Jinzhu, asked the latter, once his accident, he released.

Yang Zaixin also signed 5 copies of power of attorney to the firm's director Tan Yongpei, said he once caught, commissioned by the Institute other people to defend him.

In June 13th, Yang Zaixin and Yang Zhonghan were arrested in Hepu County home, on charges of "suspected prejudice to testify"; Luo Sifang and Liang Wucheng was taken away by the police, the compulsory measure is to "residential surveillance".

Luo Sifang located in all 5 lawyers. "He is one of the most careful, never thought he would." This is a young lawyer said.

Why Luo Sifang was taken away by the police? His wife, Ms. Deng has not received any summons procedures, her to the police station, the police station two times to help her query in the public security network system, have not found any information. The evening of June 20th, she received an anonymous phone call: "do not do things, can save Luo Sifang, only he himself."

4 lawyers were arrested after, Nanning City Bureau of justice, the association of back-to-back meetings. Nanning Judicial Bureau deputy director stressed that, if the police do wrong, then to change it; if the lawyer is guilty.

A reluctance to disclose the names of Nanning City lawyer says, his firm immediately convened an emergency meeting to discuss, risk aversion in criminal cases, all feel with one's hair standing on end. "In the future, in addition to relatives and friends of the case, not doing the criminal case." Some lawyers said.

Two lawyers 100 for Ming law firm went to Beihai City Public Security Bureau to apply for a meeting with Yang Zaixin, rejected.

In June 20th, Yang Jinzhu reported the case to the National Lawyers association. The National Lawyers Association is concerned about the case, the National Lawyers Association Secretary General Han Jiayi said, has asked the Guangxi autonomous region and the association of Nanning investigation association.

That day in the Yang Jinzhu report of the National Lawyers Association punishment committee member Zhang Qingsong was. A law firm where often professional training for lawyers. Each training, must first talk about risk. Some lawyers filed the twists and turns, or even make a pitiful plea.

According to the National Lawyers Association statistics, from 1999 to 2002, the lawyer was charged under Article 306 of the criminal law "defender obstruction of evidence" of 347, far higher than other types of crime.

But still less real conviction. The 4 lawyers to be caught, the National Lawyers Association chairman Yu Ning once said to the media, the statistics of the National Lawyers Association, the 306 investigated cases, misjudged case is a lot of.

Fear of the risk of practicing lawyers reached a climax in the Li Zhuang case. All have appeared such examples, the lawyer's "perjury charges", from passive confession parties, witnesses, evolved into the active report.

"The parties shall not ask a lawyer, but he could kneel before a public authority, the lighter treatment. Lawyer perjury is a sword, cut a cut a lawyer." Zhang Qingsong think.

"This way, the lawyer is too difficult. In the future who dare to do case?" Zhang Sizhi said.

Yang Zaixin and others were arrested after, Beijing lawyer Chen Guangwu, Yang Xuelin, Zhou Ze and so on, will be the formation of the "northern lawyers" in Beihai to provide legal aid to 4 people. In response, some Guangxi lawyer ambivalence. On the one hand "want them to support"; on the other hand, lawyer 4 firm are called to peruse the meeting, was repeatedly asked "do not contact the media, do not contact the foreign lawyer".

Yang Zaixin's wife Huang Zhongyan is the only one the Bureau of justice in spite of the "family"". She has also opened micro-blog, hope to use blog onlookers also husband a fair.

More legal profession, the criminal procedure law should be in the near future will start the modifications of the witness protection and the protection of lawyers increase terms.

(China University of Political Science and Law student Zhang Lu contribution)

 

 

 

 

Yang Jinzhu went to Beihai to visit a netizen asked

Http://blog.sina.com.cn/u/1308671193

Yang Jinzhu, Chen Guangwu, Zhu Mingyong, after verification, Wu Lei, Wang Xing, Zhang Kai, Yang Mingkua lawyers already bought the ticket tomorrow from Beijing, Ji'nan, respectively, Shenzhen, Kunming and other places to fly to Beihai. The two were arrested his family members and three witnesses families tomorrow afternoon in Beihai waiting for the lawyers to come

   ==========================================================

   Yang Jinzhu the day before yesterday's blog that don't go to Beihai, yesterday's blog changed the original plan to "group staff" identity and lawyers to Beihai. One day, it is also caused by circumstances.

    Since yesterday, many netizens put forward problems in various ways, with special attention to safety and job issues Yang Jinzhu, Yang Jin Zhu here to express my heartfelt gratitude to friends!

    The main problem of the reply as follows:

 

     A, Yang Jinzhu's trip to Beihai will not turn a somersault

    Yang Jinzhu in April this year to 55 years of age to go to Chongqing to somersault, is rogue approach to deal with the rogue, so Chongqing is also to the rogue way to deal with Yang Jinzhu. The reason why Yang Jinzhu was not in Chongqing Jiangbei court entrance somersaults, mainly in order to protect the scene at that time of twenty or thirty lawyers, once the somersault, is bound to conflict that myself. Yang Jinzhu didn't tumble, not afraid of Chongqing, but also to involve lawyers.

    The trip to Beihai is a prelude to the battle, still in the back. Yang Jinzhu dares to riding alone for thousands of miles to go to Chongqing, or even a Beihai? But Beihai is not Yang Jinzhu, tumbling qualification!

 

     Two, Yang Jinzhu not to officials in Guangxi and the central officials issued an open letter

    Yang Jinzhu has been to Hunan, the Provincial Justice Department leadership commitment: except in special circumstances, not published an open letter to senior officials on the network. A word, "death". When the horse, Yang Jinzhu kept his promise!

    Yang Jinzhu will send letter to the form of a letter to the central and the relevant part of the leaders, but not published in the network. In Guangxi, Yang Jinzhu will only give the Guangxi Autonomous Region Party committee secretary one mail letters.

 

    Three, Yang Jinzhu's trip to Beihai is not in contact with any media, personal track not revealed in the blog

    Yang Jinzhu trip to Beihai is "the devil in the village, quietly, and this last work" riding alone for thousands of miles to Chongqing opposite. Yang Jinzhu in Beihai is not in contact with any media, personal track also revealed not on blogs and micro-blog. Please press the friends and friends forgive!

 

    Four, Yang Jinzhu invited lawyers sober onlookers

   The evidence material published in the blog Yang Jinzhu and published a series of articles to prove: four Beihai lawyers document completely different Yu Lizhuang case. Beihai four law case has no political background, no money, but a little intentional injury case frame, lawyer's typical ordinary judicial persecution.

    Beihai police made a one hundred percent case (can be inter provincial) after not end, and persecution of witnesses, frame the lawyers, to damage the judicial authority, damage the dignity of law to play red officials! A corner of Beihai, even after Li Zhuang just out of the walls, in one fell swoop capture four lawyers, is Wei Xiaobao's "we cannot bare such shit also". Beihai in this case a open, Chinese 200000 lawyers without a day of peace, national legal risk!

   Many lawyers in online "" debate ", put forward" one hundred thousand lawyers of Beihai "- Yang Jinzhu are not agree. The lawyer colleagues "add fuel to the flames" move It doesn't help the situation. If colleagues continue to put forward the slogan on the net, Yang Jinzhu will resign situation after Yang Haipeng sealed "director". Yang Jinzhu sincere heart light! You see your lawyers!

   The lawyer team led by the elder brother is the best man. The older brother experienced and steady, Jin Zhu four years old, almost sixty years of age, just to make up the defects of Jin Zhu character. Lawyers money Weiqing lawyer, lawyer Xu Lanting, Wang Silu lawyers stable shape, also have Woolley, Zhou Ze, Yang Xuelin, Wei Yujiu, Yang Mingkua, Zhang Kai all the generals, when can undertake this task, not negative colleagues expect to complete the task!

   Yang Jinzhu asked 200000 lawyers million people united as one man, Our wills unite like a fortress., enthusiastic onlookers, brainstorming, not divided into North and south, not things, every one of you is lawyers members, because the four lawyers destiny and you and I are closely related!

 

    Five, Yang Jinzhu invited people enthusiastic crowd

    China lawyers not fight for himself, but in the battle for the country under the rule of law! Over the years, criminal defense lawyers can not protect themselves, not be caught in the walls. Chongqing caught a just came out, Beihai once again caught four, maybe next time will be where the arrest of eight ten. If things go on like this, the criminal defense lawyers also dare to do? Once the Chinese lawyer refused to criminal defense, when the criminal court not to see China of lawyers, it is how the situation of fear!

   In essence, the lawyer is private right spokesman, a lawyer is the grassroots people the legitimate interests of the protector. When lawyers have lost their self - protection ability, and take what to protect the legitimate interests of the grassroots people?

   Accordingly, Yang Jinzhu invited people warm and onlookers, the natural conscience you to distinguish between right and wrong, judge right and wrong.

   Chinese 200000 lawyers have only a very small part of criminal defense lawyers in the business. They could not take the risk to do other business to earn a lot of money. They're holding is the last of China legal belief! Why are they hard to adhere to this position of criminal defense, because they know: the China, only they can detect weak counter to public power losing balance! If the belief they burst! Finally, it China criminal defense also went out! It is a national disaster, the rule of disaster, the grassroots people's disaster!

    No lawyer figure of a criminal court on a state is not up to his country!

    In order to the country's future and destiny, the rule of law in order to move forward China train, Yang Jinzhu sometimes shout: China people, my dear fellow, you have to take care of these a few China criminal defense lawyer, if the last fire extinguished, your eyes in the not too distant future will not see to the sun!

   Public power need to balance. Any form of state, public power lose balance will bury themselves. From ancient to modern times history proves that, any a strong regime could not escape this iron rule! Yang Jinzhu: blood cries in high temple's rulers, perhaps no criminal defense lawyers more helps to exercise power, but you should see soberly, if the public really completely out of balance, the final result will flood! In order to avoid the emergence of the final outcome, you exercise the scepter to protect your good China criminal defense lawyer this batch of the fire is not the power of the evil rain extinguished. Because the Chinese, only you can effectively protect the China lawyer, protection Chinese criminal defense this batch of the fire is not extinguished!!!

 

 

 

 

The general director of "drive a duck onto a perch"Yang Jinzhu with profound respect and humility!

 

    Yang Jinzhu to Beihai tomorrow is really is drive a duck onto a perch also!

    Yang Jinzhu then published today "Yang Jinzhu lawyers and police in Beihai CityA discussion on Huang Huanhai death case doubt two ".50 Yang Jinzhu proposes to the Guangxi four lawyers perjury case is asOn the writing of Guangxi four lawyers perjury case evidence of series of ninth published. So in June 23rd, Sina sent a micro-blog:Write nine article interpretation evidence on Guangxi four lawyers perjury case series Jin Zhuni. Yang Jinzhu believe that: when the Beihai city police to see the ninth article in Guangxi four lawyers perjury case evidence interpretation of article later, their feet refers to will a little drizzle sweat! When the time also, Beihai city police should release the four lawyers and three witnesses. Beihai City Intermediate People's court shall then announce Pei Jinde, Pei Gui, Yang Bingqi, Huang Zifu four defendants not guilty!

     After a micro-blog issued,Net friendInverted bootsGive me immediatelyTo me a micro-blog: You seem to have some data, then write ninth, them out earlier.Net friendInverted bootsThe mood is understandable. But not in front of eight articles as the basis, I would write ninth articles, Beihai police still will not put the four lawyers put out. On the other hand, Yang Jinzhu to the Beihai four lawyers perjury objectives are: to release the four lawyers only completed 40% tasks. Then acquitted three witnesses has completed 60% tasks. Only the person of four the accused are acquitted, the case will be completed 100% tasks. Only by achieving this goal, Yang Jinzhu worthy of August 5, 2007 in Sina claim "law altar Knight" this title!

     Therefore, Yang Jinzhu reply netizenInverted bootsA micro-blog:To everything there is a fixed number! More haste less tatsuya! I would have said: if I finish 9 papers on the evidence they also go out of walls, I never talk about the I Ching! But many users will be inspected as feudal superstition, I really Speechless! You just wait a few days, they may be able to spend Wei Guangzheng seven one on the wall outside!

    In hindsight, thinkNet friendInverted bootsWords have a certain reason, decided to adopt the. Then on the evening of June 23rd published blog "Bowen preview:Yang Jinzhu, from tomorrow onwards continuously published "Huang Huanhai death case discussion series of articles".Said in the article:       

    After thinking for a day, Yang Jinzhu felt the netizenInverted bootsWords have a certain reason, decided to adopt the.

   Ninth Yang Jinzhu was writingGuangxi four lawyers perjury case evidence interpretation of the title of the article is: Guangxi Huang Huanhai killed 50 doubt case. An intentional injury case there are 50 questions, even Beihai city police than Chongqing city police also extremely powerful, I also had to put people.

   Because the wife's law firm is approved, Yang Jinzhu is still in the state of Beihai and not to effectively serve like a dog or a horse, so released in advance of Huang Huanhai death doubt discussion series, for lawyers to bang the drum for sb. acquired Beihai, Zhuang its elements!

    

   Yesterday issued a "Yang Jinzhu lawyers and police in Beihai CityDiscussion on the death of Huang Huanhai"Put forward five problems, several friends give me send private messages, send messages, asking if I could ask 50 questions. Netizens also said: lawyers for a criminal case if it put forward 50 questions, then the case is certainly a case, four lawyers put out sooner or later.

    Yang Jinzhu has always said to put a fart, never dozen Kuang language. Invited netizens see I will slowly one by one to 50 questions.

 

     There are two things that make Yang Jinzhu mood had a slight fluctuation yesterday.

    Yesterday morning, before I published list of lawyers, repeatedly asked Chen Guangwu lawyer and lawyer Chen Youxi opinion, urged the lawyer Chen Youxi Chushan, visited the Beihai lawyers for Chen Guangwu escort. But Chen Youxi has a case to trial lawyers can not get away, and he wanted to join the National Lawyers Association group. Observation group to play a greater role. Chen Youxi lawyers It stands to reason., so Yang Jinzhu can not be forced! Lawyer Chen Guangwu nearly 60 years, but the big brother, but the brother is an honest and elders, gentle, too good, and the lack of such a big battle experience, so think repeatedly, decide as the accompanying staff to Beihai, to can get a lawyer practicing license behind. Yang Jinzhu to a fait accompli before published online travel, which did not consult the relevant leaders of Hunan Provincial Department of justice and the bar association, also did not report to the leadership of Li Maolin director of the future. Hunan Provincial Department of justice and the bar association leaders yesterday has not phoned me, make me a peace of mind. Yang Jinzhu is now a "fearless, afraid to call the leadership!" But director Li Maolin led the future yesterday just to Changsha Municipal Judicial Bureau sent a bid for the "Hunan Yue Lin law firm" report material, I Evening Post reported to her first made a return to "the lion", from last night till now still not answering my calls. I have a wife, how should I do?! Despite the family not to talk, and official decomposition.

 

    Yesterday morning Yang Jinzhu asked Si Weijiang the views of lawyers, Si Weijiang's lawyer replied: West when he moves, and not a little wiggle room. Yang Jinzhu had to give up the Jonas shape. Yesterday morning Yang Jinzhu asked Zhang Qingsong the views of lawyers, lawyer Zhang Qingsong made it clear that neither to lawyers, nor in the Sunday off Beihai. Yang Jinzhu the day before yesterday afternoon still is right attended the dinner will be, yesterday morning the phone will have a cold-shoulder treatment, heart very wonder also!

   Last night Guangdong "man of wisdom" lawyer Wang Silu phoned me: Beijing Dacheng Law Firm Qian Weiqing lawyers for lawyers. Qian Weiqing lawyer is the capital of the famous criminal defense lawyer, has joined, lawyers and more of a force! Heart very happy!

 

   Shanghai Yang Haipeng called me the general director of Guangxi lawyers "in four cases micro-blog yesterday". Yang Jinzhu and the "clan elder brother" no once, the sealed "director" and not in a dilemma! But it has been done, Yang Jinzhu also has a drive a duck onto a perch, ventured to take "director".

    Since last year, Li Zhuang case since, lakes, Yang Jinzhu is considered by many to be more brave than wise, only when will not be as handsome. Yang Jinzhu has always know one's limitations, aware of his having nothing hidden in the mind, character, straightforward, bold is said to put a fart, it is not a true! But to Yang Jinzhu "be more brave than wise" theory is not fully accepted. Yang Jinzhu read the art of war, proficient in tactics, utterly without a plan?! Yang Jinzhu from the beginning of the 2006 war windmill, after many battles, condemned what officials Quan Chen, only to be hurt fur (Hunan province was also denounced the ") but not injured visceral, if Yang Jinzhu is really a" be more brave than wise "Jianghu boor, be safe to live now?!

    Yang Jinzhu this is drive a duck onto a perch, first in front of the people holding the handsome flag, as to the legal practice rights and national laws China lawyer's dignity, charge into the enemy ranks Beihai, knows the responsibility, the heart is with profound respect and humility

!

Source: Yang Jinzhu blog

 

 

 

On Sunday in Beihai, to determine the list of lawyers

   

   Guangxi Nanning under residential surveillance, Sifang lawyer and lawyer Liang Wucheng this morning has seen their family lawyer. Yang Zaixin's lawyer, Yang Zhonghan lawyers and three witnesses, Song Qiling Yang Bingyan, Pan Fenghe's lawyer will go to Beihai on Sunday.

      Yang Zaixin's lawyer, Yang Zhonghan lawyers and three witnesses Song Qiling, Yang Bingyan, Pan Feng and five relatives for their hired two lawyers, were by the Guangxi local solicitors and foreign lawyers together.Their families will wait five lawyers arrived in Beihai on Sunday, and five lawyers shall sign an entrustment contract and letter of authorization.

      The five Sunday in Beihai in the field of law are listed as follows:

   Chen Guangwu's lawyer, Wu Lei lawyer, lawyer Zhu Mingyong, lawyer, lawyer Yang Mingkua Wang Xing.

 

   Yang Jinzhu as the accompanying staff and lawyers five attorneys went to Beihai together. Yang Jinzhu's mission is to: go to the scene of the crime to inspect and guide lawyers criminal investigative experiment.

 

    Special note: lawyers are formed. Lawyers have been well-known lawyer Xu Lanting, Zhou Ze, Yang Xuelin, Wei Rujiu, Wang Silu, Ceng Weichang et al.

 

 

 

The two lawyers to the Beihai municipal Party committee secretary Wang Xiaodong andOpen letter to the public security bureau chief Zhou Yuansheng

       

         Wu Lei, an open letter to Beihai municipal Party committee secretary Wang Xiaodong

 Secretary Wang Xiaodong:

     In view of the "Guangxi four lawyers alleged defenders hamper the witness case" in your occupation of Beihai, and the case has aroused widespread concern, also in view of the fact that you can't get accurate information, I take the liberty to write you this letter, I would like to name, a citizen to you, put forward the following recommendations:

     A,In your place "under Guangxi four lawyers alleged defenders hamper the witness case", will likely since the reform and opening up, the most serious persecution of lawyers.The impact caused by current estimates, is not the most accurate. According to public information, in the national scope, in addition to the Cultural Revolution "Jungle", because the defense with specific criminal cases, one-time arrest four defense lawyers in the Republic of China, the history of the rule of law is possible without precedent. You as the person in charge of Beihai local, impact on the case, want to will make a more clear judgment.

     Two, released from the current of the data to see, Beihai police cases relating to the four lawyers, there is a lot of obvious violations.From the so-called Beihai City Hall press conference context, Beihai police did not take from all aspects of the criticism, suggestions, seriously instead, but in the wrong road to walk more more far, and attempts by Beihai City Hall form of a press conference, in order to local Party committee government for its endorsement. In its essence, is completely overdraft party government credibility, the credibility of the government at the expense of overdraft serious mistakes or their. As the person in charge of Beihai local, I think you will be awake and alert.

     Three, we are very sad, lawyers for the four event is not only illegal police in Beihai itself, we saw the local public security departments have serious illegal activities in a number of procedures.For example, refused to lawyers; for example, the criminal trial of serious overtime; for example, alleged serious torture to extract confessions. Although, we prefer to believe that this is only the case. But even so, also reflects the local law enforcement environment have been shocking, perhaps the failure, or law enforcement itself has become a destabilising factor in the largest. As taking office party officials, I understand that you will be better tomorrow, make painstaking efforts for the development of Beihai. Although the selves, in Beihai the behavior also is not accidental. And you, as the highest responsible person, apparently, to blame!

   Perhaps, the truth in Beihai hands of the police, maybe not. I wrote this letter, just want to remind, secretary and adults should not content with merely listen to local bureaucrats. Information, Beihai, four lawyers were caught in the moment, fair, justice went away. Suffer the loss, is not limited to the image of Beihai, Chinese law, losses, and may have more. You say, isn't it?

   Inappropriate, please criticism! If the provinces, direct find Yang Jinzhu inquire about it. I took the liberty of speculation, Yang Jinzhu is not afraid, not afraid of thunder also Wu; Chen Guangwu is not afraid of, Chen Youxi also not afraid; Zhu Mingyong is not afraid, more afraid of Zhou Ze!

                                                            Wu Lei

                                              Two 0 one one years in Beijing in June 24th

 

    Two, Chen Guangwu's open letter to the Guangxi Beihai City Vice Mayor and police chief Zhou Yuansheng

Director Zhou Yuansheng:

   Know you are very busy, this shouldn't bother, but in order to maintain the good image of you and the Beihai public security, or take the liberty to write.

   Although we are separated by thousands of miles, be strangers to each other, but know that you are a know the business, conscience, Aimin diligent good director, also know you more than 20 years of experience from the police, he Li repeated military exploits, know that you are from the ordinary scouts do, work steadily been dry to the Municipal Public Security Bureau this position. Sweat was not shed in vain, efforts were not in vain, result be not easily won.

   However, the four lawyers recently your subordinates for prejudice to testify the case, really let you and the Beihai police to shame.

   In view of the case is still at the early stage of investigation, the substantive issues, we not say much, but lack of procedural justice, substantive justice also aroused the suspicion.

   "Criminal procedural law" the people's Republic of China and the interpretation of the five ministries clearly stipulates, suspect's lawyer proposed to meet application, the investigation organ shall be arranged to meet at the latest within 48 hours. "Lawyers Law of the PRC" further provisions of lawyers by the lawyer, witness, orders directly with custody of the suspect, the defendant.

    Yang Zhonghan Yang Zaixin, a lawyer in June 13, 2011 was taken away by the police, the criminal detention, has nearly 10 days, the lawyer for meeting is more than a week, to meet you have what reason to refuse a lawyer? Who gave you the law, the right to know the law but break it!

    Luo Sifang, Liang Wucheng two lawyers are you away in June 13, 2011, has been One's whereabouts is a mystery., recently from your news ventilation meeting above is your residential surveillance. Both residential surveillance, according to the law can only be in the suspect's execution. But what right have you to residential surveillance suspects into custody in disguised form outside the residence? Don't you know that this is illegal restriction of personal freedom of citizens, or illegal detention?

   Peep one spot and know everything, a sense of deep autumn view of a leaf. A basic procedure do not comply with the criminal investigation team, can guarantee the case in the entity's justice? Even reminiscent of Pei Jinde in intentional injury case, a defendant statements by the investigators torture to extract confessions, now everybody from the beginning of the half-believe in, into the present will doubt the letter.

   Director Zhou Yuansheng, you as a supervisor, linked to heart and peace, always busy, the head thing, you may not have subtle, but on the four day of lawyers in the tide of public opinion is concerned, social overwhelming clank questioned whether you know nothing at all, or look but not see? If you know nothing at all, may be complicated compliment Yanmai audio-visual, if to pay no heed, is to let the endless praise anesthesia of soul.

   At present, the case has four lawyers in the spotlight of supervision by public opinion, the case handling organ, every act and every move can not escape the eyes of society. Western policymakers have for their enforcement in haste and human rights for pay a heavy price. Justice can not be humiliated, people can not be illegal. If I may say so, don't listen but not hear, to pay no heed. As the golden light, as the name do not dye, also hope the Secretary conduct oneself well.

       I sincerely wish you a police, and extend the rule of law!

                                                     Chen Guangwu lawyer

                                                     June 24, 2011

 

 

    

 

        

 

        The abolition of the "three reasons" perjury lawyer

          In June 22, 2011 the "Legal Daily"

     Seek nothing but profits, is probably the direct impression many people today to lawyers. However, this is China image of lawyers? Needless to say, at present our country lawyer's credibility is not entirely satisfactory. It reduces the lawyer's credibility where? The lawyer's practicing environment how? Recently, lawyers to perform their duties, in accordance with the law on lawyers, lawyers environmental management issues, the reporter with the NPC Standing Committee law enforcement inspection group to check Shaanxi. Starting from today, this newspaper will launch a series of reports, according to the law enforcement issues.

"If you're doing legal work, don't be a lawyer; if you want to be a lawyer, don't do criminal cases; if you want to do a criminal case, don't evidence; if you want to obtain evidence, do not get the testimony of a witness. If all this you do not, you will yourself into rehab." This is a senior lawyer banter word, although some extreme, but it also reflects a controversial topic, namely the law -- the "lawyer perjury". In the law enforcement inspection, "lawyer perjury" is the highest frequency of a word.

Our country criminal law 306th stipulation in the criminal procedure, the defenders and agents ad litem, destruction of evidence, evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is a crime, shall be sentenced to penal punishment. This is usually said "lawyer perjury". In recent years, planted in the lawyer. Too many, there was Cheng Kejie, Li Jizhou as a lawyer "Beijing Mingbian" Zhang Jianzhong, and after two years in prison, the second was acquitted of the crime, then follow Buddhism Kunming lawyer Wang Yibing. It is understood, like this overnight from his "lawyer" into "prisoner" national has more than 200.

"Lawyer perjury" was amended in 1997, our country criminal law added. From the time of amending the criminal law afoot to increase this clause, until 8 years after the implementation of this law, the provisions of the law caused by the lingering dispute. The lawyer law enforcement inspection group held in Shanxi during the forum, participate in the forum's lawyer representative said "lawyer perjury" is "hanging in the lawyer's head a momentarily possibly falls the sword", they have called for the abolition of the "lawyer perjury", there are three reasons:

The crime of perjury crime subject, without prominent

The lawyer said, if a lawyer committed perjury, of course, should be held responsible. The problem is, whether it is necessary to separate lists a "lawyer perjury". Lawyer investigation and evidence collection rights, in practice. Similarly, the investigation organ, public prosecution and judicial organs have the power of investigation and evidence collection. Article 307th of the criminal law has stipulated the conviction and sentencing of perjury, and then in 306th separate the defender, agent of criminal proceedings (mainly lawyers) prescribed perjury behavior make crime, is in fact a discriminatory legislation. Moreover, the provisions of article 306th "lure" prejudice to testify the behavior, vague, far better than the 307th article of the "violence" witnesses and other methods to prevent acts of serious. If you want to separate provisions of special subject of perjury, should also make provision for the police, prosecutors, judges and other administrative law enforcement personnel make no exception, because these people are also possible threat, intimidation of witnesses, and they more power. If only the provisions of the defense, but not specified the accused party, will cause the occupation discrimination legislation, can not achieve the prosecution and defense equality "".

Second, may lead to "judicial revenge"

The all China Lawyers Association has 23 lawyer perjury case for statistical analysis, results showed that, among the 11 suspected cases of lawyer acquitted or withdrawing, the 6 win of the guilty verdict, 1 are exempted from criminal punishment, 5 have not yet closed, 50% above the rate of miscarriage of justice.

In the criminal procedure, is a lawyer's duty to maintain the lawful rights and interests of the client, but this does not mean that they should "for the bad guys speak", does not mean they will challenge the national prosecution authority. However, in practice, some judicial personnel have varying degrees of prejudice to the lawyer, think they are talking to the judicial organ. Some prosecutors cannot tolerate dissenting views, evidence is not lawyers submitted evidence inconsistent in their hands, the "can not afford to lose" mentality leads to "judicial revenge" possible. Some lawyers are being investigated for perjury, because they defended successfully, the occupation of revenge. While the "lawyer perjury" undoubtedly to the "dishonest", "not with the consistent" lawyer a a blow and a shout, provides a convenient tool for the prosecution of legal occupation.

The lawyer points out, the lawyer perjury charges, arrest and prosecution is his home??? The same case investigators and prosecutors. There is no established system to avoid effectively, resulting in a "retaliatory law enforcement" possible, there is little although finally true conviction of practice, but was arrested and put in jail is not in the minority phenomenon.

Therefore, the lawyer said clearly do not want to take over the criminal case, because in the process of handling criminal cases, lawyers, not the slightest error. Otherwise, the procuratorial organs will immediately put down his things, organize manpower, investigate first the lawyer's responsibility, then continue to the original lawsuit. In this context, the general law is very difficult to be based on facts and law as the proper rights and interests of the parties to the law. If things go on like this, the negative effects on national judicial justice can produce obvious.

Third, cause lawyers rate

The data suggest that, within the scope of national lawyers involved in criminal cases is less than 30%, and the proportion is still in decline. According to statistics Beijing Lawyers Association, and in recent years, all levels of court trial of criminal cases of rising is in sharp contrast, Beijing lawyer per capita in handling criminal cases from 2.64 in 1990 dropped to 0.78 in 2000, the yearly average criminal cases less than 1 pieces, which also includes various forms of legal aid and the designated defense inside.

Therefore, in the law enforcement inspection process, many lawyers to reflect, to formulate or amend the law, should consider the overall social effect. Because this is a "lawyer perjury", criminal defense lawyer to shrink away from the sufferer, in the criminal defense lawyer is less and less, this is definitely a problem not to be ignored. The court cannot be made by the public prosecutor monologue, thus, the suspect will be may lead to their rights and interests or not effectively maintain the lack of defense effective professional, judicial organs may also be due to lack of supervision and pervert the law, lack of listen and try a case unjustly, deviate from the judicial justice and fair center.

In view of this, the lawyers advice, amendment to the criminal law and criminal procedure law, the abolition of the "lawyer perjury". At the same time, the lawyer proposed increasing lawyer occupation privileges content. China is not the lawyer's right of immunity regulation, but in the world, this system has been a very common. The United Nations "basic principles on the role of lawyers" provisions of article twentieth, "the lawyer for the defense of published oral or written comments or as the responsibilities of related statements published before a court, tribunal or other legal or administrative authorities, shall enjoy immunity from civil or criminal". Many law calls for our country should be criminal responsibility exemption principle clear lawyer.

Reportedly, the National Committee member of the criminal law for criminal defense lawyer business intends to suspected of perjury case to conduct a comprehensive investigation, on the basis of research and write a proposal to delete article 306th of the criminal law of the detailed report.

Legal links:

306th in the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

The defenders and agents ad litem, provide, produce, citing witnesses testimony or other evidence inconsistent with the facts, not forged intentionally, not belong to forge evidence.

- the "PRC Criminal Law"

Thirty-eighth defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or conduct other acts to disturb the proceedings of the judicial organs.

In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law.

 

 

 

Impossible to guard against the crime of perjury

Authors: Zhang Peihong

In 2011 06 months 24 days 10:10

Source: Oriental Morning Post

  Three witnesses, four lawyers, because the same "perjury" compulsory measure is taken, the grasping grasping, closed. In this article 306th of the criminal law of the stick appears fourteen years to come, I'm afraid is unique.

  In June 14, 2011, Guangxi lawyer Yang Zaixin four has been Beihai city police criminal detention or residential surveillance, the reason is in the process of four together for intentional injury case, are abetting, luring the parties and witnesses of perjury, to overthrow the prosecution case statement, resulting in the trial work come to a deadlock behavior, suspected of the crime.

   Similar words, Is it right? Familiar? Beihai police what hard evidence, makes them regardless of the criminal procedure law to overhaul the background, persist in wilfully and arbitrarily

   The lawyer perjury, belongs to the category of contempt of court. In a country under the rule of law, strictly distinguish between the two, any evidence of both offensive and defensive if not intentionally submitted to the court to fish in troubled waters, confuse the public, do not exist the problem of obstruction of justice, but will not constitute a contempt of court. Because the main duties of the audit court, is the evidence submitted by both sides, the public debate the quality, true or false, invalid, and ultimately by the judge or jury verdict. In this way, both sides are trying to collect evidence, and even use unscrupulous divisive tactics to get the first hand materials, and then choose, the final court.

   Some time ago the just concluded New York police on suspicion of rape charges in the case of evidence, soft, prosecutors and even to the victim's idea, let her join the recording equipment to the police station to find the police, recorded two people dialogue to court.

    In the case of Guangxi in Beihai, the original case of intentional injury death has been hearing in September, but still no verdict. The reason there is no judgment, because the accused of insufficient evidence, can not be ruled out. In this case, the judge needs than the prosecutors and defense lawyers as much as possible to collect and submit the evidence, help the court to clarify the facts, find out the truth, to make the judgment. If the end all possible, still cannot conclude that guilty conclusion, according to the criminal law, shall declare the innocence.

    This raises several questions in this case: first, in the case of intentional injury itself there is no conclusion situation, how to prove the four lawyers behavior interferes with the judicial activities? Or simply said, trial work the intentional injury case come to a deadlock, what is the process of the police investigation of problem or lawyers submitted evidence problem? The lawyer to go to trial in the case, collect and submit new evidence (including witness Zheng Yan), does give the court added a certain amount of work, but this is exactly the value of defense system, which belongs to the judicial practice of. If the lawyer submitted information is true, can help judges ascertain the facts, avoid miscarriages of justice; if the lawyers submitted information is false, the court ruled inadmissible as long as can be. Unless the lawyer knows for perjury still made on purpose, cheat the judge, will involve the legal liability.

   Secondly, this case and other lawyers perjury case the biggest difference lies in the original system, together with the criminal case, because it involves more than the defendant, therefore also involved in different law firm lawyers. Before the Beihai police to take coercive measures, not only have the evidence that the lawyers each deliberately perjured himself, and there is evidence of the existence of common intentional behavior between these lawyers perjury. Not only because of the four lawyers have pleaded not guilty, that four are perjury. It's not hard to imagine: if the police charges, the case will be extremely serious consequences, extremely bad lawyers despised justice typical; conversely, if not true, it will be extremely serious consequences, extremely bad for vocational counsel for the defence of typical revenge. Such matters, be injured in the sinews or bones, how can the Beihai police did not check?

   Once again, said the Beihai police, themselves as intentional injury case investigation mechanism, case Is it right? Do down, will not do wrong, there is no case handling problems in the process of torture to extract confessions, and they have the most direct relationship. Therefore, the four Lawyers Act "in the trial of cases come to a deadlock", not directly say that the police and the public prosecutor prosecution work come to a deadlock. The court as a judicial organ, is actually very detached, evidence enough of the convict, insufficient evidence was acquitted, even the misjudged case investigation, and prosecution and investigative problems.

   The key of lawyer's perjury is here: when the police will be made when only half cooked rice, defense lawyers have responsibilities, rights, obligation will point out the problems of half cooked rice. Paradoxically, when lawyers pointed out that the rice is cooked, or even by cooking from check and trace the responsibility of half cooked rice.

     Compared with the previous case, the lawyer ego to protect consciousness undoubtedly increased a lot. Yang Zaixin lawyers in the investigation of the witness, not only to do a record, synchronously recorded sound. The case of intentional injury is established, we can make nothing of it, but the charges four lawyers constitute crime of obstruction of evidence, but a big question mark. If the police have the power control outside court, if the case of lawyer's perjury do not implement different jurisdiction, if the lawyer must replace the court to review the evidence and guarantee the authenticity, so, Beihai the four law case, at the most is unprecedented, and never will be the last.

 

 (the writer is senior criminal defense attorney, now America visiting scholar in University of Pennsylvania law school)