The blogger press: Guo Guoping was unwarranted bribery, false sentenced to ten years in prison. Between Guo Guoping and Shi Zhenglin is the debt relation, Jiangsu Province, Zhenjiang City Intermediate People's court imposed by the criminal law adjusting civil relations, and again, maintenance error decision. We appeal to the Jiangsu Provincial Higher People's court, criminal retrial starting procedure.

 

Prohibit the use of criminal law in civil relations

The criminal retrial petition

(Supplement)

 

Mesh Record

One, the illegal procedure

(a) the court of second instance in violation of the law, the evidence in favor of Guo Guoping will not show

    (two) the new evidence shall not be recognized

    (three) without the exclusion of illegal evidence

(four) did not let the key witnesses to testify in court

Two, the new evidence further proof of the original evidence can not form a chain of evidence

First, there is new evidence to support the view, that Guo Guoping is innocent

(a) the land bureau meeting minutes and Ye Qiang's work record

Two.Jiangsu ProvinceZhenjiang Price Certification Center "on a number of freshwater fish price authentication conclusion book (price in town2011[16] No.)

(three) Shi Zhenglin's testimony

(four) Ling Jingcai's testimony

(five) Tang Zhuangzhu's testimony

(six) Shen Keming's testimony

Second, the original evidence fails to form a chain of evidence, can not prove that Guo Guoping constituted the crime of accepting bribes.

ThreeSubjective, "bribery" and "bribery" are lack of criminal intent

(a) Shi Zhenglin to pay Guo Guoping100Million is the debt of the normal behavior, Guo Guoping and Shi Zhenglin are lack of bribery, bribery crime   

(two) also not bribery crimes between Guo Guoping and Yao Changping, Yao Changhong,The normal human intercourse does not belong to bribery

Four, very wrong forced by the criminal law adjusting civil relations

(a) forced by the criminal law adjusting civil relations

(two) deliberately confusing legal relations of different properties, forced the presumption of guilt

(three) which is not in conformity with the bribery crime premise, erroneous application of the law

Five, the abuse of judicial power

  

Prohibit the use of criminal law in civil relations

The criminal retrial petition

(Supplement)

Applicant.Shen Ping, female,1958Years3Month2Day of birth, the Han nationality, high school culture, the Jiangsu province Zhenjiang City, identity card number32110219580302242X,Zhenjiang Runzhou District Parkson home2District16Building203Room, a retired worker.

The agent of the applicant:Zhu Shouquan, the Beijing Changji law firm lawyers. Telephone13381063369.

The agent of the applicant:Zhang Zhiyong, the Beijing Changji law firm lawyers. Telephone13901281395.

The agent of the applicant:Liu Chang, Beijing Changji law firm lawyers. Telephone13693528119.

The applicant's husband Guo Guoping in Zhenjiang city of Jiangsu province (Runzhou District People's court2010Punishment) run at the beginning of the word no.0089Number of criminal verdict, guilty, is now in Jiangsu Province, Liyang prison.

If the applicant is not satisfied with the effective judgment and ruling on appeal2011Years8Month16To your school to apply for a retrial. Your college to the Zhenjiang City Intermediate People's court in dealing with the case, the court has held hearings, and in2011Years12Month16Make (2011Zhen Xing Jian Zi No.)0007Notice of appeal was rejected.

Therefore, the applicant according to the "criminal law" article203Herein, the application for retrial to your school. The applicant in the2011Years8Month16Based on the submitted "criminal retrial petition", add the following to apply for a retrial:

Application:

Revoked in accordance with the Zhenjiang City Intermediate People's Court of Jiangsu province (2011Zhen Xing Jian Zi No.)0007Notice of appeal, dismissed, Zhenjiang City Intermediate People's Court of Jiangsu province (2011Zhen Xing two) with the word no.0004Number of criminal ruling, Zhenjiang city of Jiangsu province (Runzhou District People's court2010Punishment) run at the beginning of the word no.0089Number of criminal judgement, for a retrial of this case, and shall declare the applicant's husband Guo Guoping is innocent.

The facts and reasons:

In addition to the applicant2011Years8Month16To submit the "criminal retrial petition" contained all the reasons, according to theJiangsu province Zhenjiang City Intermediate People's Court (2011Zhen Xing Jian Zi No.)0007Notice of appeal, dismissed the application for retrial, add the following opinions:

Court violates the procedure, contrary to the basic facts of the case, the real evidence, ignoring the case of misinterpretation of law, abuse of judicial power, a wrong again wrong, wrong and wrong. The specific reasons are as follows:

A, procedure: violation of the procedures, the evidence in favor of Guo Guoping were not present, not found, do not let the key witness, and the illegal evidence is not excluded

Procedural justice is the guarantee of substantive justice, procedural justice, to ensure the justice of entity. Unfortunately, the court of second instance shall violate the procedures, which lead to wrong decision. According to the provisions of the criminal procedure law and related laws,The Guo Guoping case of violation of the procedures, mainly in:

(a) the court of second instance in violation of the law, the evidence in favor of Guo Guoping will not show. In order to make the wrong decision.

Forty-third of the criminal procedural law stipulates: "the judges, procurators, procurators must be in accordance with the legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation." The case of Guo Guoping there is a lot of evidence, Guo Guoping is very favorable. Unfortunately, the case handling organ or not present, or hide a lot in favor of Guo Guoping exculpatory evidence, or deliberately misinterpret evidence, court of second instance, the court of first instance for many important evidence to pay no heed to turn a deaf ear to, Guo Guoping, made a wrong judgment. Mainly include:

1Minutes of the meeting, to the Land Bureau, Ye Qiang's work record and compensation file deliberate omissions

2008Years1Month11DayThe minutes of the Land Bureau, Land Bureau leadership meeting clearly documented, collective research, the formation of resolution of the facts. That Guo Guoping did not use convenient position, seek interests not as Shi Zhenglin, opposite for nearly 10 million yuan interest as the Land Bureau (according to a fact witness). Such an important documentary evidence, the trial the prosecution was not mentioned, the court of first instance is the deliberate omissions, the trial court did not involve these important documents. Leading to the case facts are wrong. The application for retrial period, the applicant to submit the evidence, but the Zhenjiang City Intermediate People's court has not identified, continue to maintain a wrong judgment.

2Shen Renfa, Shen Xiaogang, Qu Zheng, ignoring the testimony

Shen Renfa, Shen Xiaogang, Qu Zheng et al., can confirm the functions to facilitate the fact Guo Guoping did not use. The procuratorial organ, the court of first instance, the court of second instance shall ignore such testimony, making the wrong decision.

3MisunderstandingTang Zhuangzhu, Shen Keming, et al

The court of second instance for Guo Guoping the benefit of the relevant Zhuangzhu Tang, Shen Keming's testimony, wilfully misinterpreted, interpret out of context, in order to make Guo Guoping an adverse decision.

   (two) the new evidence shall not be recognized

    The applicant during the appeal, the applicant's lawyer, Shi Zhenglin, Ling Jingcai, from Tang Zhuangzhu, Shen Keming's testimony, and providesJiangsu ProvinceZhenjiang Price Certification Center "on a number of freshwater fish price authentication conclusion book (price in town2011[16]. ")(see exhibit seven). Zhenjiang City Intermediate People's court while hearing the evidence, however, ignored, dismissed the appeal in the "notice" on these important evidence or not, or a generation, shall not be confirmed, missed the opportunity to correct the error, a mistake in the wrong, wrong and wrong.

(three) without the exclusion of illegal evidence

The court of first instance, the court of second instance are illegal procedure, turned a blind eye to the illegal evidence, in the absence of the exclusion of illegal evidence in case of wrong judgment.

The procuratorial organs in handling the case, violence and other illegal means to obtain confessions of Guo Guoping to Guo Guoping. On the part of the witness, the procuratorial organs take a torture to extract confessions, induction and intimidation and other means, forcing Shi Zhenglin, Yao Chang Hong, Yao Changping, Kong Fanyuan, Wang Youlin et al., against perjury. They in the prosecution's confession, are not true.

In the second instance trial, the court Shi Zhenglin stated this fact: it is the procuratorial personnel torture to extract confessions, inducement, even prosecutors will Guo Guoping's record for Shi Zhenglin to force Shi Zhenglin to read, "Guo Guoping was guilty of" confession -- this is obvious inducement, Shi Zhenglin in order to make the so-called testimony, is actually made from Guo Ping. Evidence passed, two verbal evidence cannot confirm each other. Procuratorial organs such illegal evidence, is not in the "presumption of guilt", manufacturing Jiaan?

The court of second instance in Guo Guoping in the trial process clearly put notes in the file record exists torture to extract confessions and other illegal words evidence, turned a blind eye to the illegal evidence, not in accordance with the procedures were excluded, and did not let the key witnesses, occurrence of laissez faire error judgment. This is a serious violation of "Regulations" the relevant provisions of some problems about the exclusion of illegal evidence in criminal cases.

(four) did not let the key witnesses to testify in court

Forty-seventh of the criminal procedural law stipulates: "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding. The court witness intentionally giving false testimony or concealing criminal, shall deal with it according to law."The witness is a legal basis, in accordance with the law, and to find out the facts of the case, significant.The court of second instance court of first instance, in violation of the program, do not let the witnesses, especially the key witnesses to testify in court, a serious violation of procedure, should bear the corresponding legal consequences.

Moreover, interpretation of the Supreme People's court "about some problems in the implementation of the criminal procedure law of the people's Republic of China (interpretation [of the1998]2No. 3) (hereinafter referred to as ")" explain ") fifty-eighth stipulates that:" the evidence must be produced in court, identification, quality certificate, court investigation procedures verified, otherwise it can not be taken as a basis. The witness appearing in court to give evidence, to be in court by the public prosecutor, the victim and the defendant, defenders such as the two sides asked, testimony, the testimony through the review does, can serve as the basis for deciding not to appear in court; witness's testimony read after the court verified, can be taken as a basis. The court found the witness intentionally giving false testimony or concealing criminal evidence, shall be dealt with according to law."

"Explain" the 141st stipulation: "the witness should appear in court as a witness. In accordance with the following situations, the people's court, the witness may not testify in court: (a) the minor; (two) during the trial suffering from serious illness or action extremely inconvenient; (three) the testimony of the trial of the case does not play a direct role in the decision; (four) aOther reasons."

According to the above provisions, the defender believes the witnesses to appear in court, did not appear in court is the exception principle.Could not testify in court, should be "the testimony of the trial of the case does not play a direct role in the decision".While in the bribery allegations, the most important evidence in the chain ring two is on both sides of the confession, testimony, evidence of any one party has a decisive influence on the case (and the "interpretation" of article 141st, paragraph (three) opposite). In other words, according to the 141st article of the provisions of paragraph (three), the case of bribery party testimony has a direct impact on conviction, does not meet the conditions do not appear. In this case, the witness should be to adhere to principles.

According to the "Regulations" fifty-eighth even explain the second paragraph of the second half, toAs a decision based on theNot to appear in court testimony, should also be verified. Guo Guoping court has its alleged bribery, defended, resulted in his confession and bribery prescription words are not consistent. Guo Guoping, a trial of second instance court statement, with Shi Zhenglin, Yao Changping, Yao Changhong's testimony is not consistent. In this case, the case all the witness testimony is unable to verify, should let the witness appearing in court to accept investigation.

However, the court of first instance in the trial of the case, did not allow to testify in court as a witness, including the key witness, Yao Changping, Yao Changhong, Shi Zhenglin, this is a serious violation of procedure. Their testimony, withoutThe public prosecutor and the defendant, the defenders such as the two sides to inquire a witness, testimonyCan not be used as the basis for a final decision.

Second, the key witness Yao Changping, Yao Changhong still did not appear in court. Although Shi Zhenglin appears in court, and the court said the truth of the case, but the court of second instance has not listened to Shi Zhenglin's statement. Shi Zhenglin to testify in court, the court of second instance, exist in name only, this is a serious violation of procedure. The court of first instance, the court of second instance according to the judgment, is the natural result of the wrong.

To refuse or fail to appear in court to testify the key witness testimony can not be taken as a basis. Therefore, the prosecutor should bear the burden of the consequences of not making the wrong decision, the court of second instance should be overthrown and correct.

Two, the evidence, new evidence to support the view, and the original evidence fails to form a chain of evidence

First, there is new evidence to support the view, that Guo Guoping is innocent

Where the applicant's lawyer, through the investigation and evidence collection, extract some new evidence, that Guo Guoping was innocent, but the Zhenjiang intermediate people's court has rejected the idea, just in the "rejected" the notice of appeal on a belt. The main contents of these important evidence the applicant list:

(a) the land bureau meeting minutes and Ye Qiang's work record

2008Years1Month11DayThe minutes of the meetings of the Bureau of land of Zhenjiang City Runzhou branch,For such an important documentary evidence, the procuratorial organs shall not show, the court of first instance, the court of second instance naturally or half unconsciously ignore missing important evidence, leading to the case. Lawyers in this re produce the evidence, in order to cause the retrial court attention, revocation of the court of second instance wrong decision. The conference is main content summary and work record:

"6The issue of compensation, Jiao Xi tan. The total price2900Million yuan, the first batch of compensation2000Million yuan has arrived. Please Guo Bureau, Shen Keming and now the contractor contact as soon as possible compensation......."

"Shen (director): Jiao Xi Tan total area2130Mu...... Contract households compared with our work with good. Water for us2990Million yuan...... After doing the work repeatedly, the history of the old agreed to1880Million yuan compensation. Through this operation, I board per acre will reach1Million in revenue......"

"...... After consultation, according to1880Million compensation contract households. Through this compensation, net1Must. (According to a witness)

The meeting minutes and records proved reach compensation agreement between the Land Bureau and Shi Zhenglin, to prove the legitimacy of Guo ping!

Two.Jiangsu ProvinceZhenjiang Price Certification Center "on a number of freshwater fish price authentication conclusion book (price in town2011[16] No.)

2011Years8Month30Day, Jiangsu ProvinceZhenjiang Price Certification Center "on a number of freshwater fish price authentication conclusion book (price in town2011[16]. ")(witness according to seven), proved2008Years,2009Years of the fry price, far beyond the2001Years of price, far more than the price of procuratorial authority. Procuratorial authority75624.5Jin of fish, the total value of195372.93Yuan, a serious departure from the fact. According to the principle of favoring the defendant,According to the2008,2009Years of price,75624.5The total value of Jin of fish at least529393.2Element. As Grass Carp,2001Years of price per500G3.10Element,2008Years of price per500G6.54Element,2001Years13580.7Jin Grass Carp value is at least88817.8Element. Silver carp.2001Years of price per500G1.20Element,2008Years of price per500G6.80Element,2001Years27624.5Pounds of Asian carp value is at least187846.4Element. Crucian carp,2001Years of price per500G3.30Element,2008Years of price per500G7.58Element,2001Years27460.3Kg carp value is at least208149.1Element. Bream,2001Years of price per500G3.30Element,2009Years of price per500G6.22Element,2001Years6688.1Jin bream value is at least41600Element. Herring,2001Years of price per500G5.50Yuan, according to the rate of inflation,2008Years of price per500G at least11Element,2001Years279.90Pounds of herring worth at least2979.9Element. The fish price, according to the new standard of prices, at least529393.2Element.In addition,According to common sense, if the fish, the price will be more expensive!

Therefore,The second instance court ruling did not keep pace with the times, say repeatedly repeatedly said in favor of the defendant's principle, that the species of value, but not in accordance with the new standard to judge. The ruling cited the "contract law" in the loan contract interest terms, arbitrary deprivation of Guo Guoping should be of interest, not only the improper application of the law, but also against the "contract law" the relevant lease should return them to the original owners of the spirit. Guo Guoping Shi Zhenglin was not delivered using fish, the fish accounting into specific value, therefore does not belong to the transferring and selling behavior, belongs to a lease.2008Years,2009Also in accordance with the2001Years of baseline estimation leasehold value approach, in the situation, Yu Li, in the law is not fair, qualification and functions and procuratorial organs do not have price appraisal.

(three) Shi Zhenglin's testimony

Shi Zhenglin started under high pressure in the procuratorial organs, she told a lie, a false statement. Later, history Zhenglin break through heavy resistance, tell the truth, to restore the truth of the matter. Shi Zhenglin wrote a "about Shi Zhenglin and Guo Guoping economic exchanges alleged bribery bribery description" (witness according to three), detailed description of the course and the truth of things. Agent Guo Guoping retrial case law, also made "record of investigation on Shi Zhenglin",

The main contents are as follows:

"Q: what is the relationship between you and Guo Guoping?

Answer: the economic relationship, contracting and leasing relations. Guo Guoping contracted the Zhenjiang Land Bureau (hereinafter referred to as "Runzhou Branch Land Bureau") focal West Beach Land, later he subcontracted to me.

Q: how do you view this agreement?

Answer: I have been concessions. If I don't sign the agreement with the Land Bureau, and directly with the Zhenjiang water conservancy investment company (hereinafter referred to as the "water") sign the agreement, Guo Guoping the unit will not get compensation of nearly 10 million yuan. That is to say, for the compensation of nearly 10 million yuan of Guo Guoping for the land bureau.

Q: Guo Guoping unit to reach an agreement with you, Guo Guoping, with or without using the convenience of duty? There is nothing you seek interest?

A: Guo Guoping is the normal work, this is his normal duties, he does not make use of any of his duties, but damage interests me, force me to make concessions. He did not seek benefits for me, I was to make a concession, in accordance with the provisions of the land bureau should give me2400Million yuan compensation and300Crop compensation million yuan, the land bureau to give me1880Million yuan compensation and91.5Crop compensation million, I suffer. But the negotiations, Guo Guoping knew that the land bureau to be near3000Million yuan (2980Million) compensation, he didn't tell me the bottom line, a strength for me to keep the prices down, and so it is with other negotiation, do not tell the truth, so far I have deceived me, opinions. If I and Guo Guoping collusion, bribery to Guo Guoping, Guo Guoping will I fight for compensation, the compensation must be more than these. Guo Guoping did not seek interests for me, on the contrary, Guo Guoping as the Land Bureau for nearly 10 million yuan interest.

Q: then why you gave money to Guo Guoping?

Answer: the two time I gave Guo Guoping one million, but this is definitely not bribery, is also Guo Guoping's debts. I owed Guo Guoping three money: one is the fish, tools and implements and rent together hundreds of thousands; two is the hundreds of thousands in the past seven or eight years profit and interest; three65.8Beanstalk compensation acres. The three money also add up to100Million.

Q: do you give money to Guo Guoping normal?

Answer: Based on the above reasons, very normal. I'm not sent, but pay, still owe Guo Guoping money.

Q: do you think Guo Guoping money bribery?

Answer: not. I am the legal reason Guo Guoping arrears, deliberately not bribery, absolutely not bribery. Guo Guoping received the money is also normal, have nothing to do with his duties. Guo Guoping did not take advantage of their office to seek interests, not for me, he is not a bribe.

Q: since you think owe Guo Guoping money, why not early also his money?

Answer: because the price determination, profit and interest and determination of the65.8The distribution of interests and acres of more difficult, the economic exchanges between me and Guo Guoping is not checked out, need to negotiate. For example, Guo Guoping gave it to me7Thousand jins fry, to2008Market price should be40Million, according to19More than 10000 yuan valuation is obviously unreasonable. In addition, the favorable and interest, not calculated, also want to negotiate. Demolition compensation according to the agreement, Guo Guoping half. Guo Guoping and I prepared in2009End of the year2010Early settlement.

......" (see exhibit two)

The investigation notes lawyer to Shi Zhenglin, the reduction of the facts of the case. Facts speak louder than words. The evidence that the basic facts of the case!

(four) Ling Jingcai's testimony

Ling Jingcai's testimony, prove the facts of the case, also proves that Kong Fanyuan, Wang Youlin was lying. Ling Jing:I am here65.8The poplar trees between mu, Sultan fish grass....... This65.8Acres of bottomland belongs to the Land Bureau, never belong to Lu Tan management office, which belongs to the coke West farms,Leadership is explained when I came....... No other unit65.8Acres of bottomland objection...... If you do not belong to us, I could not on the grass....... These later, including65.8Acres of bottomland, were handed over to Guo Guoping, operated by him."(see exhibit four)Ling Jingcai's testimony, that Kong Fanyuan, Wang Youlin's testimony lies,Inconsistent with the facts. Further proof of Guo Guoping65.8In the land requisition, enjoy the right to compensation; existence of debtor creditor relationship between Guo Guoping and Shi Zhenglin, the existence of economic disputes, not bribery relationship. Accordingly, prosecutor's allegations, the court of second instance that is wrong, should be revoked.

(five) Tang Zhuangzhu's testimony

Tang Zhuangzhu testimony, prove the facts of the case. Tang Zhuangzhu said:"Well, this is the responsibilities of leadership, the leadership arrangement is very normal, this is also the leading work style"(see exhibit five). That is to say, Guo Guoping is in charge of land affairs as the leadership, arrangements for the city of Zhenjiang in Tang Zhuangzhu concrete company land acquisition matters, very normal, be perfectly logical and reasonable, not by taking advantage of others bribery charge any subjective intent, seek interest not for Zhenjiang concrete company and Yao Changhong, Yao Changping, the prosecutor's allegations, the court of first instance the court of second instance judgment, is a mistake.

(six) Shen Keming's testimony

Shen Keming's testimony, prove the facts of the case. Shen Keming said:"...... Talk about a few times not settled. The reason is Shi Zhenglin's asking price and firm accounting spread too big. Guo Guoping told me, provisional compensation1880Million to the old history,I have no advice, together we went to director report. Guo Guoping and I report to the Bureau of negotiations, Shen director decided to hold director office to discuss a collective, collective, the leadership decided to form a resolution, the Bureau agreed to compensate Shi Zhenglin1880Million yuan....... I did not say at the meeting Guo Guoping help Shi Zhenglin talked about a lot of things. I said Guo Guoping introduced the relevant situation, namely, Zhenjiang water conservancy investment company has the intention to negotiate directly with Shi Zhenglin, the water for consent to Shi Zhenglin1800Million yuan compensation. If Shi Zhenglin agreed to vote, water can not with my agency relationship. Shi Zhenglin did not agree, the old history helps us Land Bureau, bureau for tens of millions of dollars for me."(see exhibit six). That is to say, Shen Keming's testimony that Guo Guoping did not use convenient position, nor seek interests for Shi Zhenglin. Guo Guoping to the detriment of the Shi Zhenglin interests, for the compensation of nearly 10 million yuan for the land bureau. Guo Guoping's behavior, not bribery! Prosecutor's allegations, the court of first instance, the court of second instance verdict is a mistake.

Second, the original evidence fails to form a chain of evidence, can not prove that Guo Guoping constituted the crime of accepting bribes.

Where the applicant's lawyer, analysisIn this case all the evidence, the circumstances of the crime, thought to be the first trial, second instance ruled chain of evidence are not formed, cannot recognize Guo Guoping constituted the crime of accepting bribes. The applicant2011Years8Month16Based on the submitted "criminal retrial petition", emphasis on the following points:

The Guo Guoping case and the ordinary bribery case the biggest difference, is that Guo Guoping did not seek interest, but also damage the interests of the "bribery". The applicant should ask again, how to explain the law, to the "damage the interests of" interpreted "interests"?

The case evidence, Guo Guoping for nearly 10 million yuan benefits for their units, the damage is the interests of Shi Zhenglin. From the objective aspect also can see, Shi Zhenglin and Guo Guoping did not bribery intention and motivation. The second instance court found Guo Guoping constituted the crime of accepting bribes, where is the evidence?

Moreover, all materials provided two prosecution organ, no Guo Guoping for alleged bribery, including the benefit of forest, Yao Changping, history of Yao Changhong's evidence. To seek what specific benefits for alleged bribery Guo Guoping in the end? Contrary.Guo Guoping Shi Zhenglin "damage the interests of the evidence it is obvious.Bribery crime according to the chain of circumstances in not formation, two court sentenced Guo Guoping constituted the crime of accepting bribes, obviously belong to the wrong judgment.

ThreeGuo Guoping, in fact, and the so-called "bribery" Shi Zhenglin, Yao Changping, Yao Changhong are the lack of intentional crime and crime fact

(a) Shi Zhenglin to pay Guo Guoping100Million is the debt of the normal behavior, Guo Guoping and Shi Zhenglin are lack of bribery, bribery crime   

1There, the debtor creditor relationship between Guo Guoping and Shi Zhenglin, and no settlement

In this case, has proved that "bribery" of Guo Guoping and "bribery" history Zhenglin civil debt. The court found that the100Million in debt, have legitimate number is in about three hundred thousand yuan, the balance of about six hundred thousand yuan directly into bribery income.

But in this case the second instance court did not seriously consider "bribery, bribery" on both sides of the intentional crime.

Through the "Zhenglin Briber" history testimony (including written and second instance court testimony), has been able to clearly see the "bribery" to the behavior of money no bribery intention.

Then we see Guo Guoping, because both sides do exist between the huge civil complex debts, and the amount of debt is complicated in calculation, until the time of the crime and no formal settlement. So the "bribery" payment of the money to repay the loan is to be perfectly logical and reasonable understanding of understanding.

That is to say, both the "bribery" history of forest or Guo Guoping, are involved in their subjective100Million payment as normal civil behavior, lack of criminal intent, and the understanding of them is not unreasonable or apocryphal.

Ten thousand steps back, even if the court in the identification and a clear understanding of Guo Guoping and Shi Zhenglin because the contract relationship and the occurrence of arrears, interest, profit, relocation compensation, legal liabilities and found100Million gap -- this conclusion is the anti corruption Bureau, procuratorate, court three after investigation and analysis for it, also can not think of Guo Guoping and the "bribery" in a few years ago has reached the same conclusion and court -- knowing that money is beyond the part, and the excess is used OK, bribery.

The plaintiff insists, it is because of the existence of disputes or potential disputes Guo Guoping and "bribery" on the debt, the two sides are not regard100Million identified as bribery, bribery amount, but the debt amount how many, what name to payment (interest or profit sharing etc.) knowledge inconsistency etc..

The defenders think, Shi Zhenglin, Guo Guoping is in the money is interest or into the nominally also arguing, mainly is Shi Zhenglin afraid of 844000 compensation should be allotted to Guo Guoping. But this argument is purely a mutual profit in the civil, and bribery independent.

The court cannot ignore even the parties themselves are not clear, but the existence of complex debts relations, first approved by a court that legitimate debt (but also approved the wrong), then "is that legitimate debt is illegal",ThereforeIdentification of "bribery" and Guo Guoping bribery, bribery Intention -- this logic is obviously with the backward reason, with the objective to push back the subjective, objective imputation typical.

But, there must be a deliberate murder murderer? Have sexual intercourse must have raped deliberately? Get mistaken for her is actually the property of others, do not distinguish whether the "illegal possession" purposes, only property ownership, on the set of theft? Criminal law in criminal intent is fancy? Don't unjust enrichment is all embezzlement, theft and corruption?

Shi Zhenglin emphasizes again and again:"The two time I gave Guo Guoping one million, but this is definitely not bribery, is also Guo Guoping's debts. I owed Guo Guoping three money: one is the fish, tools and implements and rent together hundreds of thousands; two is the hundreds of thousands in the past seven or eight years profit and interest; three65.8Beanstalk compensation acres. The three money also add up to100Million."The debtor creditor money also, is as unalterable principles. It is outrageous, the court of second instance, this basic fact is not found, the error decision, ruled that the inevitable mistakes! Error rejection notice of appeal, is also the inevitable!

2Through the bank name, a fact that Guo Guoping and Shi Zhenglin both have no criminal intent

The applicant submitted to the judicial notice:"Bribery" real money payment through the bank100A million ways, a pair of "bribery, bribery crime", what need to how much courage and low IQ, dare so bribery, bribery?! A second trial, even the presumption of guilt, ignoring the case of doubt, hard put a civil debt repayment behavior into a legitimate payment behavior + a bribery. This violates the basic facts, the court of second instance judgment, as there is no foundation for building, not tested, a push will collapse!

(two) also not bribery crimes between Guo Guoping and Yao Changping, Yao Changhong,The normal human intercourse does not belong to bribery

Between Guo Guoping and Yao Changhong, Yao Changping is the normal human intercourse, mutual gift, reciprocity. But, Guo Guoping did not use convenient position, seek interests for Yao Changhong, not Yao Changping. Yao Changhong, Yao Changping did not request specific matters, there is no evidence that Guo Guoping seeks what specific benefits for Yao Changhong, Yao Changping. Chinese is a state of ceremonies, pay attention to reciprocity, especially in the new year occasion. You say is the etiquette or bad habits, or traditional, that is. Yao Changhong, Yao Changping is the communication takes place during the holiday with Guo Guoping, Guo Guoping did not take advantage of their office, not for their benefit. In addition to Guo Guoping to give Yao Changhong, Yao Changping and Yao Changhong, Yao Changping, Guo Ping also not from get what other interests, they are just normal interpersonal.The court of second instance error according to procuratorial organs in violation of procedures to errorTestimonyThe findings of fact, error, the conclusion, make a judgment or ruling, notice, the error is inevitable!

Four, application of the law: by the criminal law adjusting civil relations, the presumption of guilt, and erroneous application of the law

(a) forced by the criminal law adjusting civil relations

Agent think, not economic issues left over by history between Guo Guoping and Shi Zhenglin by the criminal law to adjust.The agent believes the case has a particularly important fact is that:In Guo Guoping's identity from the public officials into contract households, and transformed into public officer in the course of this change, the "bribery" and relevant economic exchanges; produced and case, also related to the "bribery" contract, compensation, debt, income, interest and other civil problem, and one of the very important"65.8Acres of beach "inGuo Guoping turned back to the office of personnelNot with the land bureau to settle any relationship, but directly from theGuo GuopingOut to the "bribery".This fact,Is a historical problem the past allowing public officials contracting state-owned assets caused during. The legacy of treatment often lack legal and policy support, so the treatment and economic balance are very complex. It is because of this complicated situation, can cause between Guo Guoping and "bribery", even including economic benefit, between Guo Guoping and their subordinate units of the long term cannot be determined. ButIn any case, this relationship is a civil relationship, not in the criminal context, of course will not be forced to criminal law to adjust. Judicial organs must face up to the facts, can not take the presumption of guilty manner, rash or intentionally to the legacy of debt and bribery confusion together, making the wrong decision.

(two) deliberately confusing legal relations of different properties, forced the presumption of guilt

In addition, the agent that,The trial of the twoThe debtor creditor relationship with bribery hard pull together,The two trial to determine the amount of bribery bribery was established, then stripped the so-called legal amount of debt approach, is typical of the presumption of guilt logic.

Deliberately involved in this case Guo Guoping and "bribery" history Zhenglin each not bribery, bribery, criminal court should not accounting for the so-called "Bribery100Legitimate million in"Criminal courts, and no to the civil debt identified.

Agent that,In fact,The debtor creditor relationship between Guo Guoping and the "bribery" involving large amount, lasted for a long time, complex.In Guo GuopingAnd"Bribery"There is always the complex relationship between claims and liabilities, and there was no bribery intentional cases, exchanges of money between two people, is a debtor creditor relationship, no matter"Bribery"GiveGuo GuopingHow many money, is it doesn't matter and bribery. The court of second instance not to put the debtor creditor relationship with bribery hard pull together, too far fetched, is very absurd.

(three) which is not in conformity with the bribery crime premise, erroneous application of the law

1, "interests" is the bribery crime is one of the important elements,

According to the criminal law, "benefit" is one of bribery, this can not be non bribery.

Although this condition has been argued for "increased the threshold for conviction, condone corruption", but the agent the court drew attention for many years, often want to modify the terms of legislation, all cannot pass. The reason is probably taking into account our human social evils ingrained, comprehensive crime is not realistic, too demanding, so the criminal punishment range contraction, only for those not only against the integrity, also the actual benefit(or a commitment to seek interests)Conduct criminal.

So in bribery case, even in love is not willing to, also should be "interests" into the constitution of crime to be considered.

2No, Guo Guoping used his position to facilitate

Guo Guoping has always been honest, just, conscientious civil servant, Guo Guoping performed as the duties of his office, not the convenience of duty, Guo Guoping is the normal work. The court of second instance that Guo Guoping used his position to facilitate, asShi Zhenglin, Yao Changping, Yao Changhong office, is a libel on Guo Guoping's character and the profane!

3No, Guo Guoping for the benefit of Shi Zhenglin, Yao Changping, Yao Changhong, in this case of bribery crime constitution could not be established

The specific situation of the case is more special, in fact, Guo Guoping not only to "seek interests bribery", but is the damage to the "bribery" interests -- Guo Guoping has not the bottom line tells "bribery", and the compensation depressed prices, including for the compensation of the forest was only standard of compensation1/3. Action of the damage "bribery" for Guo Guoping for the Land Bureau for the1000Million yuan of interest.

Although the trial court that "to seek legal or illegal interests" belong to "benefit" point of view is correct, but the agent does not know what needs to explain, in order to "damage the interests" is interpreted as "seek interests".

The prosecution also mentioned the "interests" expand the interpretation of "commitment to seek". But unfortunately, testimony or other evidence cannot reflect Guo Guoping and "bribery" before, during and after the event, a conspiracy (and ex post collusion is not collusion), cannot prove "commitment to seek existence".

According to the theory of criminal law in general, bribery crime of bribery should be able to refer to one or a narrow range of specific interests behavior. Only after the money generally help, does not constitute the crime of bribery (although this is the legislative improvement direction). Guo Guoping in this case not only specific financial interests, even the "broadly to help" are not.

So, even according to the logic of a court of the second instance, own, forced Guo Guoping has deliberately the bribery presumption of guilty, the chain of evidence, but also lack of the constitution of the crime of "interests" support.

4In order to avoid, constitute a crime "interests" elements at the illegal procedure

In order to force the presumption of Guo Guoping with bribery intention, make up for the lack of evidence chain to determine guilt, avoid the crime of "interests" elements, the procuratorial organs, but ignore the court systemShen Renfa, Shen Xiaogang, Qu Zheng et al., seriousTwist Shen Keming, Tang ZhuangzhuTestimony, actually will be the key evidence that2008Years1Month11DayZhenjiang City Land Bureau Runzhou branch of the "meeting minutes", orNot show,OrNaturally or half unconsciously ignore. To have the force of law, the authority of the Zhenjiang Price Certification Center of the "Price Certification conclusion book", is not recognized.The agent is noted, "meeting minutes" clearly documented the Land Bureau leadership meeting, collective research, the formation of resolution of the facts. That Guo Guoping did not use convenient position, seek interests not as Shi Zhenglin, opposite for nearly 10 million yuan interest as the Land Bureau fact. In addition, did not let the key witness, such as Shi Zhenglin, Yao Changping, Yao Changhong et al. In court, the prosecution should can't bear the responsibility of proof, the court of second instance the decision is wrong.

5Guo Guoping, Shi Zhenglin, Yao Changping, Yao Changhong did not receive the goods

Existence of debtor creditor relationship between Guo Guoping and Shi Zhenglin, Shi Zhenglin owed Guo Guoping debt more than100Million. Moreover, Guo Guoping andOnly human contacts between Yao Changhong, Yao Changping, and there is no evidence that the Guo Guoping from Yao Changhong, Yao Changping property.The court of second instance identificationDefendant Guo Guoping took Shi Zhenglin bribes of RMB624627.07Yuan, Yao Changhong, Yao Changping, accepting bribes of RMB12000Yuan, a total of RMB636627.07Element. Is very wrong. The court of second instance verdict, ruling and dismissed the complaint letter, are all wrong, should be corrected.

In the criminal law and penalty adjustment together very obvious legal relationship between creditors and debtors, where is justice? Where the legal dignity?If this case to warn the public, future national staff in the acquisition of its own should be legitimate interests, interpersonal communication, will the consequences be unbearable to contemplate the sackings.

Five, the judicial discretion: the abuse of judicial power, the wrong decision, refused to correct their errors

The case of Guo Guoping, from A to Z, is a grievance. The procuratorial organs of the people's Procuratorate of Jiangsu Province, the anti corruption Bureau of Runzhou District Guo Guoping error on file, error detection; Jiangsu Province, Runzhou District People's Procuratorate to Guo Guoping falsely accused of Runzhou District, Zhenjiang City, Jiangsu province; the people's court for the trial Guo Guoping wrong, wrong judgment; Jiangsu Province, Zhenjiang City Intermediate People's Court of appeal wrongly Guo Guoping affirmed, and wrong dismiss the appeal, continue to maintain a wrong judgment. The courts refused to correct their errors, insisted on the wrong decision, also can not cover up the truth of the matter, nature cannot change the miscarriages of justice. The complainant believes, rule of law in the new socialist Chinese, Guo Guoping case, will be corrected and amended; Guo Ping in prison, will eventually get rehabilitated and redress!

In summary, Guo Ping case is an unjust, which should be corrected. The criminal procedure law article204Stipulates: "the party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial: (a) there is new evidence to prove that the original decision, ruled that the fact that is wrong; (two) according to the contradiction between the main evidence to conviction and sentencing evidence does not do, do not fully or proof of the facts of the case; (three) the original judgment, that there is some error in the application of the law......". The Guo Guoping case, meet the above conditions, should be re trial. Therefore, the applicant claims suggest your school to start the retrial procedure, justice law to make a stand the test of time!

Yours sincerely

The Jiangsu Provincial Higher People's court

 

Applicant.Shen Ping

Sign.                    

2012Years1Month4Day

 

Attached:

1Jiangsu Province, Zhenjiang City Intermediate People's Court (2011Zhen Xing Jian Zi No.)0007Notice of appeal, "rejected" copy;

2Jiangsu Province, Zhenjiang City Intermediate People's Court (2011Zhen Xing two) with the word no.0004No. "criminal ruling" copy;

3Zhenjiang City, Jiangsu Province, Runzhou District People's Court (2010Punishment) run at the beginning of the word no.0089No. "criminal judgments" copy;

4The criminal retrial petition, "" a;

5"," a list of evidence;

6Seven pieces of evidence, one copy.