Nanchang, (six)

C.2012Years12Month5Day. This has a glorious history of Nanchang city. The sky the sun is very beautiful, very bright, very warm. While in Jiangxi Xinkang prisons that chilly "corridor in court", staged a few ancient world legal history one scene, do not look at the sun, no justice, no fair: Nanchang opened by the district court case in loose fourth trial took place here, also. Beam.

Five days ago 11Month30DayThe pine, GUI without a lawyer in court, the court adjourned, and scheduled12Month5DayContinue in here to court, GUI song separately retain lawyers and lawyers, preparation time for a total of four days, of which there are two statutory rest days. For the law based on fear of a legal person, for a lawyer to the parties responsible for, I don't care about the court not to reach the violations to the notice, to12Day4Evening again from Xi'an to nanchang.

To my surprise, the court did not inform the GUI loose defense attorney Yang Jinzhu and second units of the Hongyuan Kechuang company advocate (my partner lawyer Yang Xuelin), and the two lawyers in11Month21DayHe received notice of court of Hunan Shuangfeng Court (lawyer Yang Jinzhu announced the news in early blog). He two people also specially to the court of Nanchang express instructions to go to Hunan and not to leave the court. The court also did not notice the first unit of the Hongyuan company counsel Ma Weiguo lawyers. Many lawyers in4Day around the phone call or send messages to the trial, plans to talk about not hearing or not to reason, but the phone is always busy, no reply message.

The court is afraid of lawyers or lawyers not to fear? Puzzling, worth pondering!

This morning we arrived on time Jiangxi Xinkang prisons, into the security door, never asked Zhang Hongyun and me two defense counsel for security or hand over mobile phone, even the two defendants unit litigation representative also catch up with you, don't need security, this is the law or the provisions of the true face in front of them. "The court into the corridor", the first thing I saw was high up in the wall above the great trial and the bright national emblem, let us look at the national emblem in place under it.

9Point58Division chief judge announced the court trial continues, and made the following explanation: since the beginning of the tribunal since May recess, GUI pine is relatively stable in Xinkang prisons physical condition, have hearing ability. In the court case, GUI loose mood is excited, blood pressure is not stable, court ordered the doctor, and moved to the new health prison court, can guarantee the smooth opening. This court in30Trial, has told laurel pine entrust another defender of the rights, but also for GUI pine opinion, the court can appoint one for him, GUI song don't agree. The court has the full protection of the litigation rights of the pine. The court again, all the participants in the proceedings, without the permission, no video recording. With special emphasis on defense counsel violated the discipline of the court, the court made judicial suggestions to the higher competent their.

10Point11Divided, GUI pine pushed to the court.

The judge let GUI song published evidence of fourth groups of evidence show last session. The song of silence. The accused man said: Gui song if you don't published evidence, silent, let the clerk recorded.

The judge let prosecutors continue to burden of proof. The public prosecutor general examples of fifth groups of evidence about bribery crime. The judge let greatsource display litigation representative published evidence. Representative Lv Guohua lawyers said: first of all, the loose defender Yang Jinzhu did not appear in court to enforce the law, court, deprived of the right of Guangxi, pine. Request the court adjourned, change the wrong decision.

The judge said: the court has declared before the court, GUI, loose defense problems, due to loose defender Yang Jin Gui without court permission, unauthorized departure, the court considered Yang Jinzhu a waiver of the right to defend. And asked the representative is published evidence?

L: don't give examination opinions, has just published is the examination opinions. The judge said there are errors, the GUI pine and Yang Jinzhu lawyers did not lift the principal-agent relationship.

Judge: by Gui song published examination opinions, you are not published, silent, the court will be recorded.

Gui Song said: I didn't say silence from first to last, are physical reasons not to answer your question. To do so, I may cause physical harm at any time, so no comment. For just the presiding judge said the situation of lawyers. Now I risked my life to reiterate: firstly, I advocate Yang Jinzhu in order to maintain the legitimate rights and interests of the trial chamber I trample on the constitution, human rights abuses, forced the court not to cooperate, he is in order to protect our legitimate rights and interests, but also to maintain the dignity of the constitution. So, I think Yang Jinzhu's behavior is not without permission from the court, his action is legitimate. Repeated, I not keep silent, is unable to carry out quality certification body reason, from11Month27DayTo30Trial, several groups of evidence prosecutors presented evidence, because of my physical condition, which are recorded.

Method: whether you because of physical reasons, cannot give examination opinions?

 GUI: yes. There, in front of four days trial examination opinion evidence presented, I did not hear, nor see. So, because of physical reasons, I can't make the cross examination. In addition, in such cases, as the court at the last session, to lawyer Chen Guangwu to say, the case involved a major, I also want to say here, for the content, the problem really involved in serious cases. Involve in order to cover up the collusion, serious problems of predatory state project innovation industry billions of assets, destroyed the national innovation project, major problems can be formed hundreds of billions of economic interests.

Method: the defendant, you just said, due to the lack of published evidence on physical reasons, the clerk has documented

Laurel: I die in state my opinions, in the process, they act with a hidden motive, at the same time. They point to the national leaders.

Method: now is the time to let you published evidence, when you defend oneself can be published.

GUI: in this process, point to the national leadership, even at the cost of destroying innovation enterprises . In this case, my lawyer was not present, my body is this situation, cannot give testimony. The presiding judge shall designate a defender problem, since the court openly trampling the constitution, in this case, you specify the defender, I believe, so I do not agree. I repeated, to find out the facts, to my lawyer's presence. If the court just to walk this program, to pervert the judgment to the end, the court itself. I have repeatedly stressed that, Yang Jinzhu is my lawyer, you said to me five days, during those five days, I didn't see my lawyer, I have no way to meet and lawyers

Prosecutors say: the defendant comments has nothing to do with the examination opinions, longer time.

     Hongyuan company advocates for illegal forcibly pushed against the court has not published the examination opinions.

Method: the following by the prosecutor to produce evidence.

The public prosecutor for sixth groups13Copies of evidence, not shown, is not described in detail.

Greatsource display litigation representative, counsel and GUI Matsumoto said the per capita or published evidence.

The court let prosecutors continue to "show" evidence of seventh groups

   The litigation representative, said the per capita defense cannot cross examination.

Gui Song said: did not hear, nor see the evidence, I can't support the quality certification body.

The public prosecutor will not explain, do not produce a recognizable way to produce evidence in eighth groups, Ninth groups, tenth groups of evidence. Hongyuan company representative, counsel, GUI Songjun said or published evidence.

     The court asked the Hongyuan company has no evidence, the defender said the need to obtain the following evidence:1The pine, GUI2010Years3Month11DayTo3Month16DayInterrogation record;2,2012Years3Month15DayCourt trial video;3The original accounts, Hongyuan Digital Display Technology Co Ltd.

Prosecutors said: we made a report to the provincial public security department project group, the Ministry said the ongoing investigation, the accounts are transferred, if the defender to take the relevant original account, can apply for, and lists the access list, then.

Gui Song said: there is evidence, but now there is no defender not proof.

 Hongyuan company counsel asked. Tang Chengqi in a Ganzhou court trial video, can prove soup decision is a major problem, that can not support the case.

 Method: take Tang Chengqi trial video problem, the collegial bench adjourned after review.

Evidence of the crime of bribery, in many applications and the burden of proof of the front defender does not make any response on the end of the trial, the exclusion of illegal evidence, especially for the case of no longer to start. For example, in the11Month26DayThe coordination meeting, GUI song lawyer clear to the court said, they obtained the GUI song major problem by torture to extract confessions of evidence, evidence will be in the trial produce, because now there is no GUI pine will settle a matter by leaving it unsettled defender in court!

    (Note: court records in this part, I want to record, and a barrister to verify, but not necessarily and trial live with, if there are different places, with live video standard. Too tired, first wrote here, if spelling wrong sentence, slowly modify it. For more details, tomorrow to Syria)