The day before yesterday morning, administrative miss yang to telephone, said the Huizhou prison to ask me to engage in legal services, asked me what time available.Huizhou prison is legal aid fixed-point units in our firm, as he engaged in the public service more lawyers, as long as I have the time, usually arranged for me to.After all, I have seven or eight years of junior high and high school teaching experience, with the ability to communicate and intercourse or good.I checked the schedule of work this month, agreed Friday morning go to jail in Huizhou, because on Friday afternoon to participate in activities Law Seminar Kande International Hotel.Soon, Huizhou prison prison management section chief to call my week specific contact, I promised Friday nine points in their law firms.
At nine yesterday morning, I eat breakfast on time came to Binjiang Park building.At this time, weeks section chief with drivers have been waiting for me downstairs.I got on the bus, simply asked about the Huizhou prison conditions.Weeks section chief told me, a prisoner pleaded not guilty, is also not willing to complain, but to try to Dutch act to hunger, swallow toothpaste toothbrush items such as these, hope I can help.I know, I again as a psychological doctor "visits".Huizhou prison is to declare a national model prison, once an inmate in the prison death, all efforts will be in vain to declare.They tried every means, can only turn to the lawyer.Previously, the lawyer was to agent, later on behalf of the parties involved in the negotiations (unit), investigation, we even as the government's legal counsel lawyers representing the government reception petition.Perhaps, with the development of legalization, the lawyer will penetrate into the various legal and interests of space.
From Binjiang park to Huizhou prison is not far, twenty minutes' drive.Because I am a novice, but taking into account may have dinner at noon (no wine no manners, so if there is the possibility of drinking, the attorney general will not drive), so I ask them to send a car to drive.Into the Huizhou prison, weeks section chief and investigation bureau chief sent prisoners hole a file, I need to look at the data before we can know how to communicate with him.
Lankao County in Henan province Kong origin, because the trafficking of women, rape and sentenced to eighteen years, the year before the release of.This year also because rape was sentenced to four years in prison, the end of October from a Guangzhou detention center transferred to Huizhou prison.I check the marking Zong, edge to the two chief asked hole a situation.At the ready, I go through the security check passage hole, came to a local prison hospital.
Accompanied by five judicial officers, I came to the hole a bed -- because of repeated attempts to Dutch act, Kong can only rely on hospital treatment to maintain the necessary nutrients.Kong saw my one eye, police told him that I was a lawyer -- I in accordance with the practice of his lawyer's license, and delivery of the lawyer business card.Listen to the police officers, the day before yesterday by the Huizhou Municipal Association of their religion to a monk with a heart to heart talk of a hole, hole said the monk "six roots not only", because he was wearing a flower shirt, wearing a watch -- it seems, monk and lawyers, in public or in a formal dress (robes), or it is easy to be misunderstood.
He and I ask about home address, from the local customs and practices of Henan Province, he also slowly pick up words, not complete silence.After all, I was in Hubei, which is relative to the Cantonese "mainlanders", and fellow Henan hole there is a more common language.He entered the society come from Guangdong work a few years old school, talk about life, my former and current situation of the development of today's.To a person to pull back from the edge of the Dutch act, the only way is to let him see around someone cared about him, and let him see the hope of life.
In exchange for half an hour later, I began to discuss the case with him -- he was wronged, he did not and the woman Li Mou sexual contact, how likely is the rape?I stood at his lawyer's standpoint, to help him analyze the case, starting from a Guangzhou court verdict, with the help of his presentation, try to restore the truth of cases.
He was in Guangzhou in February this year met Li Mou, they are tenants.In exchange for a period of time, Kong found himself like a Li Mou, and say to her, and expressed willingness to help her open stalls.Previously, hole in Guangzhou is the tea business, have some savings.In March 29th this year, hole in Lee rented room with her interview, said that if the Li Mou is willing to marry him, he would like to listen to her, and write the letter of commitment; if Li Mou does not accept, he left Guangzhou and never come back.Afternoon, Kong left Guangzhou, went to Shantou.The second day, Li Mou calls to a back hole, said have something to talk with him about.Li a day back, next to Li Mou room, find another man Zhao inside.Their quarrel, then the police came, the hole of a captured, and later to the crime of rape case.
I watched the procuratorate evidence list, put forward ten questions:
1, Li Mou says hole of a card her neck, why no scars on the neck, even the hole a fingerprint are not?
2, Li Mou says hole a forced to take off her clothes, why Li Mou clothes are all intact?
3, Li Mou says she struggled, and shouted for help, why not other tenant testimony?You know, rental housing. The effect of poor insulation.
4, Li Mou boyfriend Zhao to testify, but Zhao did not at the scene, guess evidence why without evidence?
5, the public security organ photographed the scene of the crime, why not Kong identification and recognition?
6, the public security organ that hole of Shantou in a received Li Mou phone, why not check to the content of the conversation?Why Li Mou alarm, also called Kong let it back (if only to co-operate with the police catch, please inform the telephone number can monitor), want to know, which is directly related to the nature of the case.
7, public security organs in the record, report is Zhao, statement of rape is Zhao, why pay attention to evidence passed instead of original evidence?
8, Li Mou to produce a hole a letter of commitment for commitment, why not check the contents of the book?You know, these are also related to the nature of the case.
9, Zhao said he and Li Mou is men and women friends, live together, so why not check on the morning of twenty-nine Zhao where they live together, why not the landlord tenant testimony or other evidence?
10, the public security organs to produce Li Mou health cotton stained with holes in a semen, why not find out the sanitary napkin with semen time?Can not be ruled out after contamination.Even if the contamination, only to prove that the parties can have sex, but not necessarily rape.
Hear my analysis, Kong seemed to come to life again, he said he would remember my words.
When talking about his current heart, I should be three reasons: the emotional trauma (deep love woman accused him of rape), legal redress (identified as rape), family indifference (parents died, brother sister-in-law would not recognize him).He said it is not the first, the other two are.I'm from the above three aspects to analysis for him: the feelings of the things is the fate, some margin of a no, some, some no no.Since you have no such affection, can only go their separate ways.This shows, she is not you, so how hard is useless.Legal redress, need you to wash.In the public security organs, procuratorial organs interrogation in interrogation, in the court of the query, you can defend themselves.However, you do not speak, nor a lawyer, the procuratorate charges all silent, for you are the judge, perhaps only such judgment.The costs of silence, is the loss of right to defense.As for the family indifference, or because you received a legal wrong -- if you can wash the accusation, to prove his innocence, one can also own a reasonable, on the other hand also can obtain the understanding of family.
Kong is the age of seventy primary, a few years older than me.Compared with the average life expectancy of seventy-five years, we are very young.Moreover, he has some business experience.So, either through appeal to clear his name, or to accept the alteration for commutation of sentence or release on medical parole, or survive four years of life, everything.Knowing he had only three years of schooling, prison officers put in prison can finish primary school to junior high school education, the Huizhou prison has been recognized by the Ministry of education, I also learning culture, encourage him to read a book, by learning to forget the unhappy.Because he doesn't read much, I had to talk about "the romance of the Three Kingdoms" with him, have a look how to Cao Cao, Sima Yi these people pushing forward despite repeated frustrations.
2.5 hours later, he said he would seriously consider what I say.When he left, I shook hands with him farewell, prison officers later told me that he had tears.Look, I came to Huizhou prison today, or gain.Have a meal at noon, I and two section chief says, if can get him back to the hope of life, but also a merit.Don't say "save one life, Better than build a seven-storied pagoda", one is our efforts today, if he touches on more or less, we would be pleased.
The horse chief told me, the national plan for the mountainous little prison merge to the outskirts of the City prison, prison after Guangdong was concentrated in the Pearl River Delta region in the outskirts of the city, convenient management hand (management level of big city high), on the other hand, the convenience of life (big City material conditions, cultural conditions).I think, this is a direction, that is the prison is not punishment, but should be criminals.Big city be richly endowed by nature conditions, the prison can use the city resources (such as educational resources, literature resources, legal resources) improve the management quality and innovation ability, so that the prison becomes a crime instead of an intermediary to end.Of course, the prison near the city, also have team stability for the prison staff, solve the separation problem.
The author suggests that, the national prison into state prison (detain sentenced to 10 years imprisonment, life imprisonment and the death penalty prisoners), the provincial prison (detain sentenced to 10 years in prison inmates) two, its jurisdiction belong to judicial department of National Bureau of prison administration, law office of educational administration, secretary.The other, was detained in detention, detention.Prison for 6 hours per day and 3 hours of labor reform thought transformation, can enter the correspondence school (primary school, junior high school, weekend started high school, technical secondary school four).As for ideological reform, first opened two courses should be legal, history, philosophy, politics and economics, after all, the ideological and moral education is not what they need.