Beijing court official micro-blog "Beijing law net matter" Li Tian a case will be announced9Month26On the morning of9:30Public trial.

A,Case review.

8Month28Day,29Day, Li Tianyi and five alleged rape of a two day trial court of Haidian in Beijing. After the trial court held a news briefing, Beijing court official micro-blog "Beijing law past" released the briefing, said the court4Name of the defendant guilty pleas, the three defendants in court.

Two,Forecast statement.

This prediction is Sohu the invitation of a friend. I only according to the judicial experience of independent judgment. This prediction is thinking of the construction of rule of law in the judgment of the case at the same time.

Statement: discussed the need for rational. I am not a lawyer, without any interest relationship with the parties. This prediction is based on Li Tianyi's lawyer, the lawyer and the disclosure of material, make a prediction:

Three, the basis of prediction.

    Built in, the Haidian District court agreed with the victim does not appear in court.Also established in,Li Tianyi advocates for the victim to appear in court and court dismissed by the court,Court to direct the next sentence.In court,The court notice, clearly indicated that he did not appear in court. The court held that the victim failed to appear before the court without affecting the trial. Although the court is the court discretion, but,InvolveCases of rape, if not to rape the court confrontation, authenticity andThe keyThe plot problemHow is itFind out? WayThe victim lost condemnedDefendantOpportunity.SecondlyDefense lawyers and the defendant not guilty of losing mass debate the opportunity.

Four, defense attorney.

Especially the victim Ms. Yang was lying experience, should appear in court.1,Initially said she was a virgin, and later by the forensic identification is not a virgin.2,Ms. Yang said Li Tianyi had beaten the circumstances of the victim Ms. Yang, while in the video is not clear.3Ms. Yang said, by the defendant held hostage to the hotel, but is actually the victim on their own initiative to the hotel.4Li Tianyi, accused of rape and murder, in body but not detected Li Tianyi's semen, and only two other men's semen.

It should be said, there are several possibilities in this case, both the possibility of prostitution, also has the possibility to rape. There are other people did indeed whoring, possibility of rape. The legal punishment for prostitution and rape gap is too big. Prostitution is a fine or15Days detention, and rape is a felony. The law to give people a conviction, must be beyond all reasonable doubt.

The court needs between privacy and truth prudent choice. The need for privacy is protected, but not open court to spill what, and the result is related to the future of freedom. Once the defendant not guilty guilty, even with the confrontation is no chance, how sad heart.

Five, the duty of a lawyer.

According to the disclosure of the details of the case,4Name of the defendant guilty pleas, the three defendants in court.3Defendants in court apologizing to admit their mistakes, not to admit is tantamount to a confession of guilt, the accused not guilty.

The defendant not guilty cases, lawyers do light offence defense against the lawyer occupation moral. Because the lawyer's duty is not charged with a crime, crime is the public security and the procuratorate work, although the legal regulations of the public security, procuratorate to collect evidence in fact they sometimes hidden forgery, the Simpson case is so. As the lawyer is to find out the reason and evidence that the accused man was not guilty and light offence.

Six, rule of law.

Not experienced sorrow, not sad experience. Ask Zhao Zuohai, Li Huailiang, She Xianglin, the case had a confession of guilt, however, they kill?

"Criminal Procedure Law" provisions of the presumable innocence, rather than from a suspected crime, crime of lighter. Provisions of criminal law judicial should cooperate with each other, mutual restriction. In practice, some public security organs on the contrary, public security cooperation rather than restrict each other. For example, the law between the public prosecutor, is Wei, Shu, Wu relationship, practice into a relationship, Liu, Guan zhang.

Seven, a source.

The court thought that as long as you have confessed in the public security organs, to the court after he said he was police torture to extract confessions, the court will think that you are the guilty attitude is not good. Playing out of court confession will be accepted, this is the case of origin. Until these judges one day I caught was torture to extract confessions, will face their own lawyers, sigh.

Part of public security is almost pipelining. The police investigation is completed, the procuratorate arrest, prosecution department's Procuratorate prosecution, the court verdict of guilty, the parties appeal, court of appeal upheld the decision.

Logically speaking, the court is the last defense of justice, but the bottom line is difficult to preserve. The judge and the prosecutor's Procuratorate tribunals day meet, for knowing is the case, for each face. Look at each other face to the innocence of the accused sentenced guilty.

Until the judge himself was torture to extract confessions, sentenced, just think of the defendant has wronged, but he has no right to trial, before he has to belong to the innocent man to prison.

Eight, the case of lenovo.

Through this year I defended "Henan death assurance book" Li Huailiang's court acquitted, "positive attitude rather misplaced, not wrongly" slogan and Henan, coupled with the recent mySeveral partiesContinuous acquitted, I thought no grievance, in fact is not true.

For the University of Oxford girl Liu Yaocong father Liu Zhiwei Defense this year, when he was the prosecutor's Procuratorate of Tangyin County, Anyang City, Henan beat, scold, cold, hungry, subjected to torture to extract confessionsThe facts are clear, be compelled helpless admitted taking bribes. Appeal to the Anyang intermediate people's court, the hospital to have accused facts of a crime are not clear the case remanded. The second instance trial, the presiding judge judge Wang Xiaobo under the auspices of the start of illegal evidence exclusion procedure, even the court prosecutors admitted handling violations, however, was not to exclude evidence of torture to extract confessions. The court did not inform the bribery of the witness. The hearing ended, Liu Zhiwei more than 80 year old father two years no see children want to say a few words with Liu Zhiwei, the court is not allowed, inhumane. Before the judgment is pronounced, the Liu Zhiwei family to the Anyang intermediate people's Court of appeal by the bailiff to reflect, beat on the door of the court, the mobile phone was taken, then the Anyang intermediate people's court president Cheng Shensheng was in the field. Do not notice the four defense lawyers court verdict. The Anyang intermediate people's court in order to avoid the media supervision, secret judgment, upheld the.

There are similar cases, and Henan Xinmi city court to Gengmou sentenced to compulsory indecency women crime in two years, is also a victim does not appear in court to Gengmou conviction. The actual situation is the victim is a night with people in love affair, Gengmou as judicial director found while on duty, to persuade. The victim took the opportunity to make a hullabaloo about, said Geng rape her. Xinmi court has sentenced to two years for Geng, Zhengzhou City Intermediate People's Court of second instance upheld.

If Simpson in the US, would have been found guilty, or even the death penalty. This is the American jury benefits, the guilt of the jury to decide, just sentencing judge. Part of the court we stir the pilot signs.

In nine cases, warning.

"Misjudged case" the famous French lawyer from the writings of Rene Florio, tells the story of the famous case, the history of France was a mistake. There is a saying: "please don't think that you are a well behaved good father, a good husband, good citizens, a lifetime will not judge and deal with. Even the most honest, most respected person, also may become a victim of the justice department. The sad fact is there, it is to judge the judicial work of error."

Ten, the prediction results.

Li Tian later convicted.

 

Authors: Wang Yongjie

The guest professor of China University of Political Science and Law

Beijing Zeyong director of law firm

"The death penalty to ensure the book" Li Huailiang's lawyer, "exorbitant tolls"Shi Junfeng, "Yuan severe case"TheLawyer

 

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