Fishing is pure fraud -- criminal law interpretation of 15

   Who had made it, soon someone claiming to know people, public security, to how much money can be put out.

   Recently, one of my friends pleaded not guilty to the defendant, very successful. After the adjournment someone immediately find the defendant family, claim to know the court judge. Over 1000000 can be found not guilty. This is fraud.

   "Criminal Procedure Law" provisions of article twenty-ninth:The judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations.

The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.

    Court trial stage is not fishing people.

   The office of the court, the defendant does not allow lawyers to family and his entrusted person to enter the. Court trial judge must take special channel. The family asked people didn't have a chance to contact the judge.

    The court is open to the public. There are masses of audit, also allows the media to attend, the court commissioned the families of people can see the judge, but did not separate the chance to speak.

  Do not rule out the "wrecking crew" people really know a judge, and the judge in the court. Once the judge met privately with the parties concerned or the entrusted person, the judge will be removed from the bench, not to comment on the case.

   Judges are not independent trial, the judge in this case has no right to intervene in other judges. Criminal cases shall be collegiate system, case how sentences to the collegiate group discussion, not guilty and the leadership for approval, not a judge to decide.

  The court of First Instance judgement is not effective judgment. Convicted of injustice procuratorate will protest,'s Procuratorate protest, case to trial. The judge met privately with a party family members or their clients and to participate in the trial, belong to violate procedure. Violation of procedural judgment the court of second instance will award revocation. Which judge is also afraid of their own ruling revoked.

   Kinship lawyers and judges, not to participate in the judge's case, the relatives of the lawyer and the court is not the court case. The lawyer won't admit themselves in court, claiming the court people is not really a lawyer.

  The judge's relatives commit a crime, the judge will help his relatives to find a good lawyer, and never to support other judges.

    The judge for taking bribes. Is there. A friend told me: "the judge sent money not white do not accept, accept how sentence or how sentences." Another judge told me: "if the leadership group of the acquittal judgment I dare. Don't know before I can not accept the verdict." But no one said the judge paid less.

     In a criminal trial judge cousin husband suspected of bribery were arrested, the relatives avoidance, the other a collegial panel of judges. The defendant's wife felt that his sister is a criminal trial court judge, her husband will not be sentenced. The verdict is the defendant sentenced to five years in prison. The defendant wife found the sister, the president said: "I have no way. You need to go to Beijing Zhang Yunzhang lawyer."

    Often the parties asked me: "you court has no acquaintance? Can the judge please come out?" I answer: "no! You love who who to!" The lawyer to bribe judges, both constitute a crime, the judge cannot do judge, lawyer also cannot do a lawyer. I'm not to win to take such a big risk, not to hurt my judge friend.

   

    The procuratorate for examination and prosecution stage is also unable to get people's.

   Prosecutors are not allowed to meet the defendant's family and they entrusted agent.

   Whether or not to prosecute decision, made by the prosecutor in charge of the case, but also through the leadership for approval. Who also not dare not to prosecute the crime person decision evidence. The salvage team can not put the leaders have paid.

  Procuratorate decided not to prosecute, supervision by public security organs, the victim, the procuratorate and the people's courts.

 "Criminal Procedure Law" provisions of article 144th:For the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution, shall make the decision not to prosecute to the public security organ. The public security organ considers that the decision not to initiate a prosecution to be incorrect, it may request a reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review.

"Criminal Procedure Law" provisions of article 145th:For the case of the victim, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim. If the victim can not, within seven days after receiving the written decision to the people's Procuratorate at the next higher level appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's court.

   "The criminal law" regulation, the procuratorate nonprosecution decision as to the sun, the prosecutor decided not to prosecute not illegal.

  

   If the public security organ to scoop up the investigation stage?

  Specifically, "fishing" refers to bribe the police, the case does not enter the judicial process.

  "Criminal law amendment" before implementation, cannot intervene the lawyers in the investigation stage, the investigation activities without the supervision of lawyers.

   Submitted to procuratorate, the procuratorate not to intervene in the investigation activities, procuratorate cannot monitor the investigation of the public security organ.

   The public security organ to catch the criminal suspects in police detention shall not exceed 24 hours, the need for detention within 24 hours must be sent to the detention center. For example, anti grab clients, in the absence of send detention to the police station long before, sent 300000 yuan, may put out. But people send detention, the police did not have the power to put a person. The police station in order to prevent to intercede, are sending people to prison as soon as possible, within an hour to is the salvage team, will be "people have bid farewell to the" reply. The police and the salvage team prearranged arresting people for money, but also some. But families within 24 hours with no cash, the police and the salvage team is futile.

     The public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate.Under special circumstances, the time limit for submission and approval may be extended by one to four days.For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.

  In the temporary residence period, can be used to bribe public security bureau to get people, once submitted to Procuratorate approved the arrest, the Public Security Bureau decided to re release is difficult.

   The police have no right to ask others to give other police bribery case, be in vain.

  Case police does not have the authority to revoke the case, to the case of police bribery in vain.

  To the Secretary in charge of bribery can be effective. A public security bureau has several director, the relationship between them is the relationship between Shen and Ji Xiaolan. With 珅 competent case of bribery to the hands of Ji Xiaolan, one can imagine the results.

  Bribery to like Wang Lijun have the absolute authority of the public security bureau is effective. So, sentenced for taking bribes is more people like Wang Lijun.

  15 years ago, a real estate boss treat gang rape of a "Miss", the guests have been sentenced, "salvage team" to the Public Security Bureau and bribery 40000 yuan, the boss was designated as the "flight", no arrest. 15 years later, the boss was arrested for perjury, found 15 years ago the old. The boss was sentenced to 15 years in prison, the police officer was sentenced to 4 years in prison. The boss is not satisfied,"I've never left the company, what time to escape?""When the money no matter. How had 15 years to find me?" I told him: "make money no matter is the salvage team is nonsense, is not count."