JINGWAH weekly:Beihai lawyers to fight for

   After Li Zhuang case, Beihai lawyers case once again make social tension increased, it is not only the risk in practice lawyer groups, more let every citizen with a deep concern: when the lawyer's right to defend not insurance, who is holding the right to our bottom line?

Cornered criminal defense lawyer

The ordinary criminal cases such as suspense movie, repeated stimulation with the public mood -- it leads directly to the four lawyers were arrested, following the Li Zhuang case, once again let the criminal defense attorney group awareness to practicing risk hitherto unknown.

Zhu Zhongyuan

Late on the night of August 6th, a "deferred trial decision" by Beihai lawyers Pei Jinde hands, such as the case of intentional injury deferment of trial.

At this time, dozens of lawyers across the country have set foot on flights to Beihai, scheduled for August August to witness the trial.

The ordinary criminal cases such as suspense movie, repeated stimulation with the public mood -- it leads directly to the four lawyers were arrested, following the Li Zhuang case, once again let the criminal defense attorney group awareness to practicing risk hitherto unknown.

Cases occurred in the southwest of Beihai Chinese. The first is a common murder, then gradually evolved into a shocked the lawyers of the case. It is implicated in the lawyers, large scale, wide influence, when the peak in recent years.

All because of Guangxi Beihai village Huang Huanhai was killed. The villagers Pei Jinde, Pei Gui, Yang Bingqi, Huang Zifu et al subsequently become the defendant, four in one instance in Huang Zhi Fu had confessed to the crime, but in the second, because the legal aid lawyer in four, three were retracted, and Huang Zifu has not admitted the facts of a crime.

Beihai City People's Procuratorate on suspicion of "perjury" by then will plead not guilty to the defendant, Yang Zaixin, Luo Sifang, Liang Wucheng, Yang Zhonghan four lawyers. Yang Zaixin to the Beijing lawyer Yang Jinzhu for help. In his arrangement, with Chen Guangwu as the representative of the lawyers for a 10 people, immediately rushed to Beihai to investigate the matter. But never thought, was attacked by unidentified assailants.

The case continues to ferment. In July 21st, when Zhu Mingyong lawyer and lawyer Zhou Ze meet the defendant, the defendant refused to answer questions in the lawyer of high tension state, the presence of police said, the defendant the right to silence, he can not answer the questions of lawyer.

Lawyer Tan Mintao angry geological asked: the right to silence is not for lawyers, but the defendant against the police interrogation had refused to answer right, legal entitle the accused the right to silence is to prevent the police inducement, prevent the investigator of torture to extract confessions, to prevent security violations of the legitimate rights and interests of the defendant. And if Beihai public security really know the right of silence, why don't you the right to silence is suitable for investigating the four law case and the original injury cases? Why not take a zero mode investigation the original injury cases? Why don't you give us a drill, a system of right to silence in Beihai?

Tan Mintao said, the parties in the face of the lawyer, the parties also need the silence? "I think, this problem does not need to explain the profound legal theory, three year old child can understand."

This series of cases caused by lawyers and media's vibration is self-evident. Thus, in the case of Beihai lawyer, revealed China lawyers groups anxiety. So, "Beihai lawyers" adopt a people seem extreme, but also the least bad way -- with the help of the media bombing -- they did not end in mind, but even so, also want to go alone make risks.

Of course, the different ways, each lawyer. Yang Jinzhu showed a bloody and indignation, Chen Guangwu shows a sufficient reason and restraint, Chen Youxi is good at using the system of administrative power, to reverse the situation, and the lawyer system is Chen Siwei River embarrassment and helplessness.

Although the style is different, but they all have a common aspiration: walking in the legal and social justice track.

A person familiar with the case of legal experts said, such a simple case, but it is complicated in Beihai. Depends on the Beihai observing eager, eager to finalize, but do not want to but he. Because of this, "lawyers" trip, perhaps not to the verdict of the case, not to perjury, only to fulfill the justice of law.

As Li Zhuang said, the lawyer as article 306th of the criminal law of vulnerable groups, in addition to groan, not shout, do their job duties, although defeated, with glory, moreover, is not known!

It is no exaggeration to say, to distinguish between social barbarism and civilization, the lawyer can give full play to the function is an important yardstick.

Professor Dershowitz of Harvard University School of law, there is a classic exposition: lawyer must maximize the maintenance of the interests of customers, the only way to form a force confrontation and balance. It is the balance of power between the lawyer and the prosecution, and can reduce the wronged and judicial power.

Within the framework of the law, the lawyer is the only station in the public right opposite the innocence or light offence, advocate for the public. Throughout the world, regard the right to counsel for the defendant primary rights provisions. However, article 306th of the criminal law is like a sharp sword, always hanging in the China lawyer head, let them with fear walk on the rugged road to rule of law.

"Lawyer perjury" has so many lawyers for the defense in jail, it will be a criminal defense lawyer to the rule of the corner, witness the defendant was tried, but difficult to stretch a defense.

After Li Zhuang case, Beihai lawyers case once again make social tension increased, it is not only the risk in practice lawyer groups, more let every citizen with a deep concern: when the lawyer's right to defend not insurance, who is holding the right to our bottom line?

Source: JINGWAH weekly

　　Chi Susheng: for the space for lawyers

The battle of Beihai is the bar fight to win or die, once defeated, lawyer's criminal defense collapsed.

This print journalist Liu Kun

In August 4th, Chi Susheng, early in the morning in the Great Hall of the people hurried to the west of the NPC Law Committee Office, to see Huang Taiyun director of the legislative committee, a thick material to his hand, speed fast to say: "do not want to see the system collapse."

This material is known as the "investigation report of Beihai lawyer events", including Chi Susheng, their investigation contents, Beihai lawyer is reflected and a record of lawyer encounter video CD content of the three part, from the July 20th Chi Susheng, to Guangxi Beihai investigation started, completed fifteen days in duration.

As the only female lawyers involved in the incident, have Chi Susheng, the criminal defense lawyer career 32 years. During his ninth, ten, eleven session of the National People's Congress, she participated in the legislative work. That Beihai lawyers collective caught news, she felt "hitherto unknown shock".

Investigation report of birth

"In July 20th, when I went to Beihai to prepare the beaten, available Kyushin Pills is placed in the package, Wu Lei (Li Jinxing) I have read and Chen Guangwu's injury, the arm with blood." The afternoon of August 4th, Chi Susheng, accept "JINGWAH weekly" interview with reporters, raised his arm pointing about position.

From Qigihar through Beijing and Jiangsu Lianyungang to Beihai, is already more than nine p.m. Chi Susheng day arrived. This year already 55 years old, suffering from diabetes and heart disease in Chi Susheng, after the plane had hypoglycemic agents and available Kyushin Pills, for not measuring.

"Unexpected" did not occur. Chi Susheng, come to make "Beihai lawyers" encouraged. That night, ten members of lawyers and Chi Susheng together, "cuddle, while feeling difficult", the first sight of the scene has let Chi Susheng, still.

"Chen Guangwu and I'm four years old, but is also the eldest sister elder sister told me, that when we are together." Chi Susheng, said, this is the event she touched the place, to support the "Beihai" lawyers are all having a great reputation barrister. "Chen Guangwu, Zhu Mingyong, Si Weijiang......"

The late early had the presence of lawyers have dinner together, "you know? They then dinner will be harassed by 'stranger', the bowl." A formal investigation is from a late dinner began, when we tell, record quickly Chi susheng. After dinner we went to the hotel to discuss, talked long into the night nearly two points.

"I remember more than ten pages. Finally talk about two points, need me to solve first, solve the difficult problem of meeting, 25 session, the No. 22 did not see a person, how to fight this lawsuit? Second, must build a source of hotel beat attorneys video in hand, the lawyer can not be white."

The second day, Chi Susheng, met with the deputy director of the Beihai Municipal Public Security Bureau of criminal investigation by Zhu Hui et al people's Congress system, but the effect is not ideal. "They are in a row, we are in a row, the middle is a long table, like negotiation, the entanglement in the law the problem to produce their identity cards, the whole process is." Chi Susheng, back at the time of the interview scene, still feel sad.

At the same time, there were many lawyers have rushed to Beihai, and even a Guangxi Nanning female lawyer calls, and her research, "Dangdang helper", and some lawyers for a time no specific affairs, will provide ideas for research.

Three days later, Chi Susheng, returned to Qigihar, began writing the report, fifteen days later she will report to Huang Taiyun, said such a sentence: "don't want to see a system crash, because the battle of Beihai is the bar fight to win or die, different Yu Lizhuang case, once defeated, lawyer's criminal defense collapsed, will never have the real meaning of criminal defense."

Criminal Defense Space Game

After Beihai, Chi Susheng, more determined that a cognitive: "criminal defense lawyer space more and more small, more and more low position."

Because of this trip, Chi Susheng, truly understand that the situation is Chen Guangwu and Wu Lei are spanked, the police outside the hotel, but no matter; in her meeting with Zhu Hui, the police like normal inspection subordinate work, at the same time, the lawyer was playing video to secrecy not to give them, Hotel is under pressure not to.

And before this, Zhu Mingyong arrived in Beihai in the case, prosecutors said he had no right to defense, because the Public Security Bureau has arranged two local lawyers, but in fact, the two lawyers and not with the defendant's family or the defendant signed agreement, is merely a "follow" state.

In the "iron" like criminal defense space in search of a "gap", Chi Susheng in meeting Zhu Hui, the identity of the National People's Congress visited the people's Procuratorate of Beihai City, Beihai City Intermediate People's court, this time the two units verbally expressed "should be strictly in accordance with the law, the maximum protect the lawful rights and interests of lawyers," the investigators intermediate court had said, Pei de intentional injury case lawyer not too high expectations.

Why would such a small room?

Chi Susheng, has its own answer: one is general to the lawyer talk politics, two cadres illegal not to pursue, so more and more serious, when the public power is increasingly expanding, the lawyer representing the private right is more and more small.

"Beihai is such that, I will not according to the law to do, you can make me better. So the national famous lawyers fought to Beihai, which is in the fight for space environment for the whole criminal defense lawyers."

It is understood, in recent years the defence counsel in the process of the majority will encounter "meet difficulty", "marking difficult", "submit procedures difficult" problems, the Beihai case is the concentrated expression.

About the possibility of "airborne" in lawyers "framed, collusion, in a variety of disaster", in the Beihai lawyers rights case all lawyers are also know the score, especially wary of perjury crime criminal law 306th stipulation, therefore every "step" with a video recording.

"They are really the master criminal defense, Cheng Tianna recorded the police camera, can't find their problems," said Chi Susheng, "also told the lawyers I go to Beihai, don't hope to amend article 306th of the criminal law, we must fight!"

JINGWAH: what is the weekly Beihai lawyers want to achieve?

Chi Susheng: is the legitimate exercise of the defense rights, safeguarding the defendant's defense right is, this is our highest goal. The defendant the guilty is guilty, the innocent is innocent, we are fair to come up to complete their work from the angle of evidence, other any hope not.

JINGWAH weekly : do you think what is the biggest resistance in the process leading to this goal?

Chi Susheng: is the man more than the rule of law problems, which led to the law can not be enforced properly, so as not to implement the laws were not to be. There is also the issue of "homicide cases must be broken", not just because it before the murder at the top of a mental disease on the head, so the miscarriages of justice more and more.

JINGWAH weekly : the biggest risk in where? How to resist and prevent?

Chi Susheng: instigate others to commit perjury, because this is very easy to be framed, article 306th of the criminal law stipulates perjury defender, agent, so if a confession is your problem, and now there is no resistance and resolving measures.

JINGWAH weekly : how do you see the article 306th of the criminal law of the controversial?

Chi Susheng: I just attended a seminar on criminal law legislation, also met Huang Taiyun. I'll tell you, on article 306th of the criminal law of our country firmly attitude, retention, cannot be abolished, you must face the reality. Substantive justice depends on the actual justice of procedure to complete, we can further study problems in the procedure of notarization on, do not consider the 306.

JINGWAH weekly : risk of criminal defense lawyers, may bring what kind of consequences?

Chi Susheng: no longer do criminal cases, some even ended a career as a lawyer. The lawyer is no longer a criminal case, affect not only is the lawyer team, but the rights of all citizens will not be guaranteed.

JINGWAH weekly : what is the root cause of criminal defense lawyers are restricted?

Chi Susheng: This is very complex, not only is the judicial system, and the degree of democracy of a country.

A lawyer in private right and public power confrontation, which is its core value. Not offside in the confrontation, does not infringe the rights and interests, this is justice.

Source: JINGWAH weekly