Compulsory measures in Badong County Public Security Bureau change Deng Yujiao, converted to residential surveillance let her out of jail, I feel happy. But after the excitement, as a legal person, I still want to procedural issues questioned Badong County Public Security Bureau, also questioned the Hubei lawyer with private cases with the Deng Yujiao act introducer.

 Badong County Public Security Bureau has the right to determine the compulsory measures to change Deng Yujiao

 Hubei two lawyers with private cases introducer met Deng Yujiao illegal

              Badong police and Hubei lawyers are illegal in handling the case of Deng Yujiao?

     In May 21st, Badong County People's government press spokesman Ouyang Kaiping "Deng Yujiao case" of the latest situation and issues of public concern by the Enshi Daily reporter Zhang Ming interview. When the new progress of reporter asked to Deng Yujiao case management, Ouyang Kaiping replied, "Deng Yujiao case" has aroused public attention,At present, the case is in Hubei province by the Enshi public security bureau organization investigation, the Public Security Bureau in Hubei province to guide case."Deng Yujiao case" is still in the investigation stage, once the investigation by the public security organ to end, we will be open.

  Deng Yujiao after the occurrence of the case, the Badong County People's government said that the case news released by the news spokesman Ouyang Kaiping, the news spokesman shall prevail. So,We have good reason to believe that, Ouyang Kaiping in answer to a reporter, Badong County Public Security Bureau has turned the case over to the Enshi Public Security Bureau of investigation.

   Please pay attention to a detail, Ouyang Kaiping in Beijing summer lawyers met with Deng Yujiao after accepting a reporter to interview, he accused lawyers "unauthorized disclosure of the case, a serious violation of the relevant provisions".

   Beijing Summer Law is submitted to the 18 Badong County Public Security Bureau meeting application, is a Badong County Public Security Bureau approved them to the meeting (the new version of the "Lawyers Law" provisions, the lawyer to meet without approval). That is to say, summer lawyers, the case is still Badong County Public Security Bureau. It is probably because the Beijing lawyers referred to the sexual assault case to handle things, only to the Enshi Public Security Bureau, but it is also possible that previously had to.

    We can know from the Ouyang speech in Kaiping, Deng Yujiao case in May 21st transferred to the investigation of the Enshi public security bureau.

    Ouyang Kaiping also announced in May 22nd, said Zhang Shumei lifted the entrusted Beijing lawyer. The morning of May 23rd, Zhang Shumei in a telephone interview with reporters, surprised, and denied. But in that day afternoon four when, Zhang Shumei said that lifting the commission.

    In May 24th, Zhang Shumei hired Liu Gang Wang Shaopeng, Hubei attorney. Wang, Liu lawyer entrusted, on the morning of 25, the meeting with Deng Yujiao's request to the Badong County Public Security bureau. Badong County Public Security Bureau immediately agreed. At ten in the morning, they visited Deng Yujiao in detention (Beijing summer lawyers, after submitting the application for more than two days).

  After the meeting, they to the Badong County Public Security Bureau submitted "on the Deng Yujiao application" coercive measures, suggestions on Deng change coercive measures for bail pending trial or for residential surveillance. The reason is: the poor physical condition, Deng Yujiao depression need treatment, long-term detention is not conducive to the future of the case, and Deng Yujiao case evidence the police have basic investigation, Deng Yujiao surrender, suggestions on Deng change coercive measures for bail pending trial or for residential surveillance.

    26 days, Badong County Public Security Bureau after examination and think,In view of the fact that Deng Yujiao has surrendered plot, to take coercive measures change does not endanger society.According to the relevant provisions of the criminal procedure law, the public security organ decided to Deng Yujiao change coercive measures for residential surveillance. 26 evening, Deng Yujiao went out of the house of detention.

    Deng Yujiao under residential surveillance, May 28th morning nine when, Wang, Liu lawyer met Deng Yujiao. In May 29th, "Hubei daily" reported on this.

   According to the story, because the suspect in the residential surveillance, the attorney in the court can not approved, meeting with the client. Yesterday morning 9 when make, Wang Shaopeng, lawyer Liu Gang to monitor the residence of Deng Yujiao to meet her. Wang Shaopeng, Liu Gang,Considering the special case, in addition to the Internet is not a lawyer, two invited Deng Yujiao's grandfather Deng Zhenglan and Zhang raspberry cousin Qin Mou to see, this is Deng Yujiao after the incident for the first time in no case handling personnel presence and agency attorneys.Wang Shaopeng, Liu Gang said, during the meeting, they told Deng Yujiao detailed understanding of the detailed process of May 10th before and after the incident, Deng Zhenglan and Qin as the presence of one signature in the transcripts of the meeting. The two lawyers said, because the case is special, the relevant details inconvenience disclosed.

    The case mentioned above, from the Yangtze River in Badong, "Guangzhou daily", "Hubei daily" reports.

    Read these reports, I think the Badong County Public Security Bureau illegal in handling procedures, with the Deng Yujiao family lawyer in Hubei and met with the same case by law. The reasons are as follows:

   In May 21st, Ouyang Kaiping has said the case by the Enshi Public Security Bureau is responsible for the investigation. That is to say, Badong County Public Security Bureau has not been the case right. On this premise, Hubei two lawyers should look to case organs, namely, the Enshi Public Security Bureau to submit mandatory measures change Deng Yu Jiao application. The two lawyers do not understand the program, wrong to submit their applications to the Badong County Public Security Bureau, Badong County Public Security Bureau will either return applications, or to be responsible for the generation was transferred to the Enshi public security bureau. Unexpected is, Badong County Public Security Bureau has made more coercive measures decision, this is not only a kind of ultra vires, also in breach of privilege.

   I am not understand is, Badong County Public Security Bureau of serious violations of the Ministry of public security "for the public security organs shall" procedure of criminal cases, beyond the terms made compulsory measures to make a change, for the crime, why the Enshi Public Security Bureau not to be stopped and corrected? If the case is still investigating the Badong County Public Security Bureau, not transferred to the Enshi Public Security Bureau of investigation, then the news spokesman Ouyang Kaiping is the release of false news. If has been transferred to the investigation of Enshi Public Security Bureau, Badong County Public Security Bureau has no right to change coercive measures, Enshi Public Security Bureau, such as not to be stopped and corrected, it is breach of duty.

   If the case is still the investigation by the Badong County Public Security Bureau, they change the compulsory measures of reason, there is no legal basis.

  "Criminal Procedure Law" provisions of article fifty-first of the residential surveillance case, did not mention "has surrendered plot, to take coercive measures change does not endanger society" situation, coercive measures can be taken to residential surveillance change. Badong County Public Security Bureau said the reason, in fact can not be arrested.

    "The public security organs for the provisions of the second paragraph of program ninety-seventh" criminal cases, criminal suspects, without the approval of the organ executing not others outside to meet common people living and lawyers.

    In accordance with the provisions, Deng Yujiao in the residential surveillance period to meet relatives and other people is to go through the approval of the public security organ. In accordance with the relevant provisions of "lawyer law" and so on, the lawyer to meet the suspect although no approval is required, but does not allow lawyers to meet with family members and others. Although the law has met with privileges, but the abuse of rights is illegal behavior.

     Wang, Liu Liang lawyer, perhaps out of "kindness", even ignoring the provisions to Grandpa Deng Yujiao took, and put Zhang Shumei cousin Qin, namely their case by Qin together with you.Wang, Liu lawyer to represent the case of Deng Yujiao, it is because of Qin Mou between the.

    Wang, Liu Liang lawyers in violation of the provisions of private families of suspects and cases with references to meet, Badong people's government and the public security organs should also ask no matter, apparently they had allowed the law violations.

   Beijing lawyer Deng Yujiao told the truth, Badong County People's government to be denounced, why the Hubei law violations not to make a sound? The two lawyers of different attitude, I believe we can see one of the mysteries.

    In this, I urge the Badong County People's government spokesman Mr. Ouyang Kaiping, a reporter asked May 21st mentioned in the Deng Yujiao case by Enshi Public Security Bureau of investigation for a description and interpretation.

   Here, but also suggest that two of my colleagues -- Wang, Liu lawyer, lawyer, although have the privilege, but to exercise, do not re take the old Yang Jia lawyer.Wang, Liu Liang lawyers carry private cases introducer met Deng Yujiao violations, hope the lawyers association of Hubei province discipline shall be investigated and dealt with according to the industry.

 (author: Flag of Beijing City Kam firm Liu Xiaoyuan lawyers)

Attached to: 1, Badong County People's government press spokesman told the Enshi Daily reporter when the interview said that "Deng Yujiao case" will be dealt with according to lawHttp://www.cjbd.com.cn/2009-05/22/cms187978article.shtml(spokesman stated in the reports, the case has been by the Enshi Public Security Bureau is responsible for the investigation)

2, the Hubei lawyer Deng Yujiao interviewed claimed to have objections to the crime of intentional homicideHttp://news.xinmin.cn/rollnews/2009/05/29/2018775.html(two lawyers, with grandpa Deng Yujiao and cases of introducer Qin Mou to meet Deng Yujiao)

3, Deng Yujiao and her daughter to hire another lawyerHttp://www.cjbd.com.cn/2009-05/25/cms188731article.shtml

4,Deng YujiaoGrandpa: I believe the government will deal with the matter in accordance with the lawHttp://news.cnhubei.com/ctdsb/ctdsbsgk/ctdsb03/200905/t689197.shtml