The criminal classical case highlights

The author is engaged in attorney occupation thirteen years, engaged in lawyer occupation for ten years. Both prosecutors or lawyers, has always uphold the fairness, justice. The most stringent, human life is the law, not the slightest slack. For twenty years, suffering a science research, insight the escape, abide by the occupation ethics, a classic. Although not than Albert high prosecutors, lawyers shaking heaven and earth, also have the privilege of the province's first criminal defense lawyer and the first sentence of national defense lawyers go to court, the same stage, Ma griffe, fighting several rounds. Though not large, also not be a knife cut in ma. The breakdown of classical, each memory, proud. This one loves what is his own., written in, to learn from colleagues, or study, or criticism, or appreciate sb.'s thought.

 

A,Entering the examination of the first World War fame, Shi inventions, executed

　　Zhu Moumou bribery case

Case synopsis:

1998Years, Zhu Moumou (female) due to the work of excellence, the city price bureau deputy director of the Municipal Women's Federation (was promoted to deputy director). After promotion, someone report director at any price bureau, from building contractors2Million yuan. City discipline inspection will then double Zhu x, Zhu Moumou in discipline will acknowledge the fact that bribery, the funds for personal consumption, developers also recognized the bribery facts. By Zhu Moumou constitute the crime of bribery, the discipline inspection will be transferred to the city's anti corruption Bureau bill. A case to the anti corruption Bureau, a sudden change in the situation, Zhu Moumou suddenly confession, said although accepting2Million yuan, but the payment through the legal adviser, Lawyer Liu returned to the contractor. The anti corruption Bureau and the investigation of Liu, Liu lawyer statement indeed. But because of their own stocks, the2Million yuan to invest in the stock market, has not returned to the briber. Via checking, Liu stock account, also do not earn money2Million.

Zhu Moumou for their discipline will admit the crime, explained the reason is: the discipline inspection personnel said, as long as the acknowledge and refund, not to pursue the matter. I don't want to take the matter up, agreed to refund. Did not expect the case was transferred to the procuratorate, relates to the crime problem, must seek truth from facts, so.

The anti corruption Bureau after careful consideration, think Liu lawyer is obvious in perjury, then LiuMou arrested, and held off-site, but Liu insisted not to confess. The investigation period has to limit deadlock, case.

The anti corruption Bureau for help in case of public prosecution office, I was assigned to represent the public prosecution office in advance. After closer examination has the following feeling:

1,Zhu Moumou bribery should be fact. If not bribery, the discipline inspection departments will not admit that bribery, and write a confession from the book. As for the city discipline inspection personnel Gong said, not objective. Zhu Moumou graduate, and in a certain district procuratorate have briefly served as director, and prices for many years, the bribery crime and punishment is not strange. If the money back, no need to deny.

2,Lawyer Liu confession to refund, should belong to the same period of perjury, funds deposited in the account, proof of the bribe money and not directly.

3,Although Zhu Moumou bribery is a fact, but according to the evidence of the case, was not up to the facts are clear, evidence really fully degree, cannot sue. Recommended anti corruption Bureau actively looking for evidence, do ideological work at the same time, lawyer liu.

The anti corruption bureau Comrade Liu lawyers work again, hope the confession. The Lawyer Liu attitude is tough, and the statement, released from prison after certain sued the prosecutors and law. The crime of taking bribes, was very subtle, less evidence, no new evidence. The arrest of a vice level cadres and lawyers, if acquitted, serious consequences. Apology, back office, state compensation and don't say, where is the city's face?

The anti corruption Bureau comrades to be at a loss what to do. Zhu Moumou family everywhere though, pressure is applied to the procuratorate. Lawyers association by the Municipal Committee for prosecutors to arrest a lawyer, question.

Leadership handed the case to me to go, of course is also entrusted with the task, hope this case can change. Before working in the office for three years, I have been engaged in the anti-corruption work, investigation of duty crime, a little experience. But for such a case, rack sth., still no good.

The investigation is the right strategy, also requires meticulous work, discover the minutest detail in everything, do not let off any traces and opportunities. I was on duty crime evidence of regeneration of research and thinking, suddenly had an idea.

Zhu Moumou as a director, after all, is not engaged in investigation work. Although the confession, certain anti detection ability, but its retracted after entering the procedure of investigation in the case, perhaps in the first detention center on the same number of man will confess. I put it to the anti corruption Bureau comrades will Zhu Moumou off-site detention, then take Zhu Moumou just the same number one when the testimony. Sure enough, four same number one show, Zhu Moumou just entered, told them: "I am very regret, before the inspection will check, I would put the money back to the sender, the results I love don't agree. Now regret is dead."

Also help me!

I asked the anti corruption Bureau comrades, secret recordings of the same number of people, the testimony of fixed evidence, so as not to turn card.

Only four patients with his testimony is not enough, must have the evidence to protect consciousness, managed to get the evidence, to use it strategically. I will Zhu Moumou case to the people's court for prosecution, in the indictment, list of evidence, the witness list, did not mention any of four witnesses. A witness is anti interference, which involves the protection of evidence problems. Two is in court as evidence in order to obtain the raid, good trial effect.

Hearing the case, due to the impact of large, people's court trial committee members all hearing the case, immediately after the meeting held in the court and the judicial committee meeting, discuss the verdict. Intermediate people's court vice president, in charge of criminal punishment two judge also to audit.

As the city procuratorate prosecutors, the county procuratorate public prosecutor to court to support the public prosecution, is the city attorney for the first time in history, the success or failure of hang upon this single action. Lawyer is the famous lawyer, sir. In court, in order to pursue the effect, first I will show other evidence, the defendant and counsel is ready, so there is no other evidence of good results.

In the presentation of the four copies of evidence, I first asked the defendant:

"Whether you acknowledge the receipt of a certain twenty thousand yuan?"

"Received, but soon I'll let Lawyer Liu back, as he returned no I don't know"

"In the discipline will be whether you accept this paragraph is not returned to the bribery?"

"Admit, because discipline will comrades said to me, if the recognition and2Million yuan to return, not to pursue the matter. So I admit"

I have no other court clerk recorded, suddenly asked: "in discipline will double your ex, whether you and your partner with a refund?"

Zhu Moumou did not think, one Leng, immediately replied: "we have no deliberation, the money has already been returned, no longer and I love to discuss a problem."

I continue to ask: "if you give you other people said, is love you don't make you a refund?"

Zhu Moumou not consider: "impossible!!!" But its expression was already jittery.

I then asked: "do you give you the same number who said you love will not let you retire?"

Zhu Moumou has to be thrown into a panic:"...... No.

Ask: "if you give the same man said you were wrong?"

Zhu Moumou very nervous, said evasively:"...... No. Said I was wrong, I can't remember......"

I quickly read the same number of his testimony, the defendant was speechless, the court immediately with.

Defence lawyers to the public prosecutor to produce a list of evidence other than the evidence. I immediately offered: "according to the Supreme People's Court on Several Issues concerning the application of criminal law judicial interpretation, the public prosecutor may present evidence directory outside of the evidence, you can apply for a court to give you time to prepare." But I will be when the group produced in evidence, the defendant in court speechless, let the court, the judicial committee and the audience of the bribery facts convinced.

I continue to put forward to the court and the defendant and his counsel, still need to produce four witnesses recordings, the defendant or per capita say there is no need to show.

Results: the court case panel, court trial committee meeting was held immediately, make a decision, in court accused of bribery and sentenced to two years.

I have a prominent role in the case, was "three." once, and also provide important materials for the study of public prosecution investigation, prosecution Investigation Command integration, strengthen cooperation between the Institute and Department of public prosecution of procuratorial departments.

The case opened city procuratorate prosecutors in the first county, district procuratorate prosecutors in court, some difficult cases since then, I have with the county, district procuratorate the identity of the public prosecution in court, was well received, with the reputation of "the fire fighting team".

I think the success lies in two points: first, using recycled evidence breakthrough. Two, be just perfect evidence ambush.

To be fair, Zhu x is a very talented and more honest officials, if not this, promising. I sincerely hope that Zhu Moumou and his family can understand, in his position, I was a prosecutor, to afford this occupation.

Two,Affection for a lost man justice fair heart

Cao x intentional injury case

Case synopsis:1999Summer, Cao X and Li because of trivial disputes, and then cause the tear. In tear hit, Cao x handheld bricks, the Li left eye injury. Li was sent to the hospital, left eyeball was removed, forensic injury.

The public security organs after receiving the report, after the investigation to deliberately hurt because the Cao certain criminal detention, Procuratorate approved the arrest of their.

The evidence in this case is that: A, Cao a statement. Two, Li Mou statement. Three, outside the village of two witnesses Liu testimony. Four, Li daughter-in-law testimony. Five, other evidence.

A case to the pre-trial link, a sudden change in the situation. Cao x confession, said Li wound was his daughter-in-law hit Cao sometime, Cao x sister-in-law to Cao x, brick just hit Li left eye. To testify the village more than 10 caoxing person to the Public Security Bureau, prove Li wound is the daughter-in-law injury. Two witnesses outside the village has turned certificate, to prove his testimony of perjury before, is Li daughter-in-law to you the gifts, themselves to commit perjury.

Cases so far, the evidence that change, Cao x evidence of innocence is numerous, the public security organs will Cao x release. After release, Cao X's wife Gu Moumou around petitions, procuratorial organs in accordance with the provisions of the state compensation law, Cao x to apology, rehabilitation of reputation, eliminate and compensate for the losses.

By the provincial people's Congress approved the petition cases by procuratorial organs, find out, if the wrong arrest, shall compensate.

So the people to form a group, with me as the team leader is responsible for the case, from the Public Security Bureau police, procuratorate, handle the case in the people's Congress supervision.

I read through the file carefully, we find the following issues:

1,The village people only Xingzhi Li Li a, the other is the Cao clan, do not rule out the possibility of collusion.

2,The suspect caomou a confession reason and later testimony run in the same groove, the plot is completely consistent, is suspected of collusion.

3,If his family accidentally injure, Cao X in the early acceptance of the investigation by the public security organs, would not admit that the system for their own. Now it is torture to extract confessions confessions, inconsistent with the facts. The arrest of science when asked to admit the crime in the procuratorate, and not a torture to extract confessions.

4,Cao x hall sister-in-law at65Years old, Cao X and Li are not40Years old, two young adults fighting, nearly seventy years old group, but quick of eye and deft of hand, can in an instant so and so to avoid pulling Cao brick, unlikely. Unless she is old gentleman she!

5,Both sides fight, Cao family in the East, the Li family in the west, the Li family bricks would own it?

6,Two outside the village to the contrary testimony of witness, the other people say.

To make the above analysis, find the breakthrough case is Guan Jian. Cao and Cao directly to certain witness short of objective, so the first breakthrough in outside the village two witnesses who. Very simple, two witnesses both before the testimony is true, or later testimony is true, are suspected of perjury.

Two witnesses is easy to break, is a's wife Gu Moumou Cao to its many gifts, act tough and talk soft, asked two people to turn the card, but two people turned card. The two witnesses were recording, video recording, avoid again turn card.

The next point is very important, who can? I think the other brake waste. Many people find it difficult to believe, I chose the Cao x hall sister-in-law, La Cao x escape the bricks that Guan Jian. Reason.1Guan Jian, character.2, older age, easily moved.

The wheat harvest season, no son Cao x hall sister-in-law couple knees, two people working in the work, not willing to accept inquiries. Moved heart, I led the police for their work, the two old man is very moved, did not affect the, just agree to accept investigation. I used to take them to the procuratorate police investigation, do not want to on the way the old man suddenly carsick, convulsions, foaming at the mouth. I be frightened and change color, rushed to the nearest hospital, the old man by emergency escape. See our anxious busy in the hospital look, the old man finally probation, with his language, we described the ancient and accepted gifts and be of suborning perjury facts. I hurriedly arranged secret recordings and transcripts. Although it is in bed before obtaining testimony, the old man was natural, language words really cut, and takes good care of us repeatedly thank, very objective truth. Afterwards I will the old man sent to the home, second days and bring gifts to visit, the man thanked more than.

Wrote here, I can not help to say a word of investigators suspect, respect personality, will gain by surprise effect.

Later someone fabricated and accused me of torture to nearly seventy years old torture, the relevant departments to find my investigation, I gave to the old recordings, rumor collapse of itself.

Guan Jian witnesses after the break, the other chain will crumble. The investigation organ to re arrest Cao x, Cao to shield arrested a's wife Gu moumou. I personally served as the prosecutor to court to support the public prosecution, Cao x, Gu Moumou and the other two are respectively the perjury crime of intentional injury, to cover up the crime, shall be investigated for criminal responsibility under penalty of perjury. Therefore, I was standing committee awarded the "people's trustworthy prosecutors" honorary title, and write "three power" a.

Reflection of the case, be very. The old man has nearly 70, in case of motion sickness caused by diseases of aging, the life, the life of law of my end, less crime, into the classroom!

The case also told the police and prosecutors young, be careful.

Three, the truth for four years Zhengguo top pressure three the end records

Cao x case of misappropriation of public funds.

Case description: Deputy Secretary General Cao X line city government, deputy director.1996Years, Cao x enjoy should City Hall holding entity's call, and his wife financing registered a metal processing plant, nature of registration for collective enterprises, sponsored by the Department City Hall economic and trade commission. Economic and Trade Commission without money and property, also not accredited personnel, only charge a fixed annual management fee.2000Years, metal processing factory signed a management contract with steel, a state-owned listing Corporation agreed in the contract, the state-owned enterprises to invest in metal processing factory800Million yuan, metal processing factory every year to the state-owned listing Corporation to pay18%Profit.800Million yuan into the metal processing factory account, Cao x because Shanghai Baosteel Group operating steel unprofitable, the800Other funds million and metal processing plant investment to his wife run real estate development company. To2006Years, Real Estate Company co generation metal processing factory pay profits to a state-owned listing Corporation450Million yuan.2007Years of crime, Cao Mou some is to embezzlement crime arrested.

In the case of First Instance sentenced to the crime of misappropriating public funds Cao x ten years in prison, the court of second instance upheld an appeal. After an appeal, the Supreme People's court specified retrial. After the people's court for retrial, breach of privilege of Cao and exempted from criminal punishment.

I'm as Cao a first or second instance, trial counsel, always grasp the two key problems:

A,Metal processing factory Is it right? Collective enterprises.

1,Is a collective enterprise, one should not only look at the industrial and commercial registration.

1987Years12Month18Day, the State Administration for Industry and Commerce in the "about the individual, partnership and private enterprises have collective enterprises" business license "notice" clearly pointed out: these enterprises receive the "business license" can not reflect the enterprise's ownership. The administrative department for Industry and Commerce have collective enterprises "business license", is a self-employed, partnerships, the private enterprise, according to the "civil law of the people's Republic", "urban and rural individual industrial and commercial households Management Provisional Regulations" and other relevant provisions, to correct the." So, the court only register that collective enterprises is wrong.

2,How to identify the nature of the enterprise.

According to the State Administration for Industry and Commerce1996Years7Month19Kusakabe issued "on issues concerning approval of the economic nature of enterprises" industrial and commercial enterprises (the word reply1996) article262Document: "review by the original registration for national or collective nature of the enterprise, the organizers did not actually invested, the legal representative of the enterprise and the main operators are not put into, and mainly rely on borrowing and lending policies, support the development of business, the economic nature of the original approved enterprises do not change."

The following factors into consideration: that of collective enterprises, investment department in charge, shall be determined as collective enterprises. Two, authorities did not invest, but enterprises mainly rely on in the name of the enterprise loans, loans and policy support to carry out business, also identified as collective enterprises. Three, the above two cases do not exist, the investors own financing business, not as a collective enterprise.

Some state-owned enterprises signed an agreement with a metal processing plant, the remit of metal processing plant account, the property that belongs to the metal processing factory. Metal processing factory since not collective enterprises, but the "red hat" enterprise, known as collective as the individual, the800Million yuan shall not be considered as public funds, does not constitute the crime of misappropriation of public funds.

Two,The800Million for the Real Estate Company is a metal processing plant normal investment and obtain interests, do not constitute the crime of misappropriation of public funds.

Metal processing factory obtained450Million yuan of profit, and the earnings to pay a state-owned enterprise, is a manifestation of the right to the use of the money. The object of crime of misappropriating public funds is a violation of the right to the use of public funds, its objective is without consent of the unit, the embezzlement to themselves or others, the unit lost the right to the use of public funds, of course also lost income right. According to the Supreme People's court2003Years11Month13The national court cases involving economic crimes, issued the "forum on the work of the Supreme People's court" (file[2003]167No. four) ", about the crime of embezzlement of public funds (a) unit decides to public funds for personal use that behavior, the unit leadership decided to public funds for personal use, or the person in charge of the unit to unit's benefit, decided to public funds for personal use, not to misappropriate public funds crime. The behavior of major losses in the unit, constitutes another crime, in accordance with the relevant provisions of the criminal law on the responsible persons convicted and punished." Regulations. The judgment that "as a crime of misappropriation of public funds, embezzlement crime and judicial interpretation unit whether profit or loss not as a crime and the crime of misappropriating public funds to measure" contradiction.

In fact, metal processing factory to real estate development company in the800Million yuan, another122Million yuan metal processing factory account directly to the real estate development company. If the determination of embezzlement amount, should also be922Million yuan, rather than800Million yuan. This is a rhetorical question, is always the prosecution can not solve the problem.

After the court of retrial revision, cancellation of the crime of misappropriating public funds verdict, sentenced to be exempted from criminal punishment to the crime of breach of privilege. In fact, the crime of breach of privilege is not constitute, just the judicial organs may not see the verdict of innocence, otherwise, to make an apology, rehabilitation of reputation, eliminate and compensate for the losses, so, the procuratorial organs is more than a face. Therefore, a breach of privilege crime from criminal punishment, but a vice office level cadre's future will be ruined.

Four, the book to use square hate less you never know how difficult

Chen Moumou case of misappropriation of public funds

Case summary: Chen Moumou, policemen, a prison cash accounting.2005Years for alleged embezzlement of public funds17224.5Yuan, misappropriation of public funds22Million yuan by the Municipal People's Procuratorate investigation. After the specified County People's Procuratorate for examination and prosecution. The court of first instance over the facts of the crime punishment, sentenced to thirteen years in prison. Chen Moumou appeal, the second instance that the facts are not clear and the evidence is insufficient, remand. A trial on charges of corruption and sentenced to three years, the defendant still refuses to accept, after the appeal, appeal to Chen Moumou embezzlement5739.17Yuan, sentenced Chen Moumou exempted from criminal punishment.

The case from2004Years10Day4Sun Chen Moumou by city Procuratorate approved the arrest to the last is declared to be exempted from criminal punishment, duration2Years6Months, delay for a long time, difficult visible action. In this2Years6Months, as a defender, lingers all day on the disappointment and hope, that I almost want to give up the criminal defense business. At that time, my colleagues and I have talked about, if the defense fails, I will give up the criminal defense, civil service career to, believe in yourself is specialized in civil and commercial business, will be a good lawyer, not so difficult, so disappointed, so hard. The sour, sweet, bitter, hot, perhaps only the parties and their relatives, can understand.

Because the case involves financial, accounting knowledge, it is difficult to say, I only give the experience to introduce to you.

Both the prosecutor, or lawyer, it may be a case of the most difficult I undertake.

The case was appealed to the court, I copy all the files, just discover case difficulty relates to financial knowledge. Procuratorial organs is to rely on the judicial accounting identification of corruption, misappropriation of public funds to the results of their own units, did not identify the specific amount of corruption and embezzlement, this is very troublesome. For accounting knowledge, I am a layman, to overthrow the procuratorate judicial identification, especially I itself does not have the accounting professional knowledge, almost inaccessible. However, not to overthrow the identification, and no hope.

In the case, I often late into the night in the office work, and to re learn the principles of accounting and related knowledge, again and again read file material, to consult the accounting data, meet the defendant, to accountant repeated advice. First to understand the details of the case and master financial knowledge, then use the simple language to explain clearly to understand the judge, the judge. However, this is not easy. I have several times in the office will file fall on the table, want to give up the case, the termination of agency and refunded defense costs, no longer chew them hoe, big deal I don't earn the money, let the parties say me incompetent. However, when I saw the look in the eyes, think of yourself to criminal lawyer himself, died out, people laughed at. After months of hard work, finally find the source of the anti-corruption agencies wrong, just make yourself more confidence.

Of course I completely understand the case, I think that the defendant is innocent, the case does wrong an innocent woman. But, the discovery of truth is a painful process, therefore, the truth is often in the hands of the minority. To let more people know him, it is a difficult and lengthy process. Ultimately, I succeeded, no loss of the criminal lawyer Chinese lawyers.

This case has two features, one is I will case knowledge, director of the city's anti corruption Bureau, and of course, we are good friends, make a bet. I said that this case should be convicted, please I eat dinner at the best hotel in the city; if found guilty, he invited me to dinner. Afterwards, sentenced to be exempted from criminal punishment, nor did I promise.

Also, the last in the second instance court, both sides know, this is a last ditch, because the intermediate people's court has returned once, can't be examined. The city's Procuratorate hired province procuratorate judicial accounting technology is to help out, and to the interpretation of judicial identification, I reply. But afterwards, listen to the procuratorate office comrades told me, the provincial procuratorate comrades to give high appraisal to my counsel at dinner, said the case, not a investigators like defenders have such detailed analysis, so in place. When the lawyer is the predecessor of the prosecutor, very sorry. To get the opponent's approval, that is success, my heart very comfort.

After this case, Tu poem most understand: when Ling will be in excellent shape, a good small hills.

Five, Cha escape "truth" becomes "illusion" subtle "iron" into "discrimination case"

Wang homicide.

2005Years8Month7Day, a village student Zhang, night missing. The organization had to find, No. The next morning, the village in the village a large pool, discover the child body. After the forensic identification, the child is drowning, but neck pinch. At the same time, the public security organ autopsy report shows, the child death was missing night7When the left and right sides, through the gastric soluble check, the dead an hour after eating death.

A few days later, the local public security organs, namely that cracked the case, criminal suspects arrested Wang XX, and news broadcast on television, said the case facts are clear, evidence really fully. The public security organs after several days of fighting, the case has become "the iron".

The public prosecution authority is the fact that:2005Years8Month7On the evening of19PM, Wang Mou of the accused person drunk to go home, on the road to see the village Zhang, Sui Le its neck and make fun of, because the force is too large, resulting in Zhang stupor. Wang thought that the death, will be thrown into the pool by the village, Zhang drowning. Determination of evidence in this case: A, Wang Mou confession. Two, the testimony of a witness. Three, forensic identification.

I accept the Commission, met with the defendant, the defendant deny by oath, said police torture to extract confessions. The night of drinking with friends are true, drunk home, a person of their own parents as the building used to be married bridal chamber watch TV station broadcasts "the legend of the Condor Heroes", did not go out, but the plot is only one person to prove.

Through carefully reading, investigation and evidence collection, found in the case of the subtle problems.

1,In addition to the confession of the accused in this case, there is no direct evidence that the defendant commits homicide behavior.

2,The confession of the defendant simple plot, and is in the public security organs handling locations instead of the admitted his crimes.

3,The key, the public security organ to provide the suspect's confession crime video, there was a black spots Wang forehead. According to the investigators suspect is pulling its head to the wall impact craters. After investigation, before the head, no scar, no other mark.

4,The public security organs had not suspected king a person, there is a Zhang moumou. After investigation, Zhang Moumou, security personnel are to torture to extract confessions, heard someone say, Wang has been got, so, Zhang a back. After the event, the public security organs also sent to bring gifts to Zhang an apology.

These problems, both of Wang evidence. But I carefully marking, also found that the public security organs have a major fault, the forensic identification of the deceased after eating an hour of death, and the dead is eating in what place, the public security organs and the public prosecutor had no attention. With this question, I prepared with questions for court.

In court, the plaintiff parents as part of the criminal supplementary civil action. I ask this question in court:

Q: what is your child at noon in place to eat?

Answer: in my house.

Q: what time to eat dinner?

Answer: is at noon1So, because the child after dinner to go to school, so, we eat a little earlier.

Q: the child after eating stem what go to?

Answer: go to school.

Q: what time the school?

Answer: the child afternoon4:30Minutes after school, got home around5P.m..

Q: after coming home, do you see him?

Answer: No.

Q: what he go home?

Answer: he put down the bag, to his grandfather's house.

Q: what do you find the child can not find?

Answer: is seven pm or so, I go to the father told the children to come back for dinner, father says no see, I'm anxious. Then find, can't find.

Since the parties do not know my intention for questioning, with my question and the answer.

I'm in the court debate, in addition to enumerate the torture to extract confessions problem, this problem is demonstrated:

Forensic cognizance of the time of death is around seven p.m., and according to the gastric soluble digestion degree of judgment, the dead is an hour after eating about death. Then, according to the testimony of the deceased parents, at noon time to eat1Point, that soluble sure autopsy stomach is not left at noon. The dead at about5At home, and did not eat at home, also did not eat in the home, the gastric soluble substance is left in where? In other words, the deceased died in who eat?

For this issue, obviously not ready for public prosecution, the court adjourned. Finally, the public security organ does not eliminate the contradictions, coupled with the case itself problems, Wang acquitted.

The Guan Jian problem is public security organ investigators evidence consciousness, service quality is low, leading to cases of abortion. Unfortunately, the case has not yet been solved, in the lower gently to the dead in.

I don't know Wang Is it right? Murderer, but according to the public security organ to provide evidence, at least that Wang constitute the crime of intentional homicide is facts unclear, insufficient evidence, one cannot rule out other possibilities.

Human life, whether I as prosecutors or lawyers, always stressed, the investigators in the case for life to engage in corruption is not human, the investigators also should be condemned. Because of their inability to lead the murderer be still unpunished, unable to rest in peace, living comfort to, ask yourself, too much to handle?!

As a lawyer, I only so.

Six,For legal deliberately varying fault free period to six years history of hardships

Weimou murder, the murder was sentenced to life imprisonment to death caused by negligence and sentenced to six years in prison.

Weimou and Kwak are relatives.2006Years of one day, Wei and his girlfriend Liu, Guo Mou, Zhang four friends meet to Wei a drink. Drinking period, Wei said: "my father has a gun!". Guo said: "take it out and let us have a look." Wei MOU with ID poked father father room, took the gun, said: "have a look, is it, anyway?" Said the gun to his girlfriend Liu, Liu said: "don't with me, I am afraid." Weimou and with a gun to the head of a Guo, Guo said: "not to kill me!" Then, suddenly the sound of a shot, the bullet hit the head of a Guo, Guo was killed instantly, Weimou immediately frighten sit on the ground. Zhang sees left the scene. Weimou forced Liu together will Kwak buried in hospital. The night that the crime, public security personnel in the Wei an arrested.

Wei a trial by the intermediate people's court to voluntary manslaughter and sentenced to life imprisonment, the Provincial Higher People's court returned the case after, replaced by the jurisdiction District People's court, causing death was sentenced to six years in prison for negligence.

The case I still very worried, do not know why so many people think that constitute the crime of homicide. Reportedly, in the case of the Provincial Higher People's court trial committee discussion, most people think that constitute the crime of negligence causing death, but there are a lot of people think that constitute the crime of homicide, belongs to the indirect intent. Finally, request to the Supreme People's court, the Supreme People's court tend to be recognized as a crime of negligence causing death, the case was to be.

To be fair, I think the case that constitutes a crime of negligence causing death, not too difficult, but do not know why so many senior judges found constituted the crime of intentional homicide.

Constitute a crime of intentional homicide evidence and reasons are:

1,Wie is of military origin, of course know muzzle not on this common sense. Weimou the muzzle against Kwak head and to pull the trigger, should be indirect intention.

2,Weimou has motive. Four people when drinking, because Mr. Kwak said don't respect Weimou girlfriend Liu's words, with Liu Guo Steamed buns smash. Wei is also very angry, and said: "come on, drink!". Then, Weimou already have a motive for the murder.

3,Weimou shot in Guo said "not to kill me", the words stirred up Weimou anger.

4,Afterwards, Mr. Kwak died, Weimou digging in the court will Kwak buried, destruction of evidence, that Weimou crime psychology is very mature.

That innocent reason, namely my defence is:

1,Weimou no motive for murder. Weimou and Kwak are good friends, and relatives. They often eat together to drink, many people, there is no contradiction, therefore no motive for the murder.

2,Weimou use ID poked his father's house, that his father on gun storage is very strict, Weimou found the gun is random, accidental, not prepared in advance.

3,Weimou have gun is purely for show, Guo Mou head alignment trigger, purely by chance. Weimou don't know it or not. At that time, drunk, do not know how to pull the trigger.

4,After a shot, Weimou the first reaction is to sit on the ground, even said: "my Niang ah, kill, not live". With the indirect intentional homicide in the death results allow someone to continue, no obvious distinction.

As for Mr. Kwak why say "big deal to kill me" and why in this sentence after the shot, did not explain. There could be three people drunken talk rubbish, but not so that enrage weimou.

In this case, the intermediate people's court was characterized as a crime of intentional homicide, sentenced to life imprisonment. After the appeal, the Provincial Higher People's court has nearly a year without judgment. The parties and lawyers is disappointed, one of which, the relatives of the accused to call me, said that the Provincial Higher People's court ready upheld. I said no, and if so, we went to the Supreme People's court, I don't believe this case will be upheld, we must strengthen our confidence. Finally, the Provincial Higher People's court for retrial or returned, after several twists and turns, by the District People's Court of Wei to the death caused by negligence and sentenced to six years in prison.

Seven,In the famous debate between the court acquitted

Guo x homicide, acquitted.

The indictment identified: Guo Moumou in his uncle's factory work.2009Years8Month25Day, Guo x because out dry private live by their aunt Chen quarrel, Guo x a grudge.26On the morning of4When the left and right sides, Guo x into the Chen family of two floor bedroom, bearing Chen home to its head hit two, to the Chen killed, after being caught. People's Procuratorate to sue Guo Moumou crime of intentional homicide.

The prosecution organ that Guo Moumou as evidence is important:1The public security system, national famous expert footprint identification Wang identification, determination of extraction in the murder scene, Guo x left footprints.2The Polygraph Conclusion, Guo x made.

According to the prosecution to provide evidence, procedure and content of identification and debate in court:

A > the defendant original confession not objective.

　1In a statement, the Guo2009Years8Month28Japan has been the public security organ control, but without any formalities, the confession is also in the public security organs suspected it was, for a polygraph test. At this time, the public security organs have Guo certain illegal control three days. In such illegal control plus the so-called lie detector after interrogation, confession is legal one can imagine.

　2Guo x, court said, the public security organ production2009Years8Month31Day,9Month1Confession day production, not the name I have signed. Guo Moumou in2009Years8Month30Japan's confession, signed "Guo Beizhan" sign, relatively neat, smooth, and the8Month31Day and9Month1Confession, "Guo Moumou, signing for Guo Yanchen", is obviously not the handwriting. What other people write, or the defendant was traumatized by handwriting deformation, the other people say.

Two, about the polygraph report can be used as evidence of.

Prosecutor to produce a polygraph test report, the defenders think the report can not be used as the basis for a final decision.1999Years9Month10Days of the Supreme People's Procuratorate of Sichuan Provincial People's Procuratorate onCPSReply - psychological test conclusion can be used as evidence in litigation problems: CPS - psychological test (commonly known as the Polygraph) appraisal conclusion provisions of appraisal conclusion and the law of criminal procedure, the types of evidence does not belong to the provisions of the criminal procedure law. The people's Procuratorate, you can use the CPS multi psychological test conclusion help examine and judge evidence, but not the CPS - psychological test conclusion as evidence.

I specifically asked the court noted, has been the error correction of the Supreme People's Procuratorate Du Peiwu homicide, is lie on torture to extract confessions by suspects.

Three, Guan Jian, a consulting center in litigation evidence identification process, the center and Wang have no qualification, can not be used as the basis for affirming the facts of this case, for the following reasons:

1The identification of the subject, the illegal. According to the Ministry of public security "provisions" procedure of criminal cases 235th, two hundred and thirty-six, trace identification belongs to the criminal identification, criminal identification must be responsible by the criminal technical departments of public security organs at or above the county level or other full-time staff. Identification of institutions in this case for a city of litigation evidence Advisory Center, not a public security organ internal authentication mechanism, the judicial authentication institutions nor the Henan Provincial Department of registration, does not have the qualification.

2According to the existing laws, regulations and rules of the Ministry of public security, evidence in litigation and consulting center of a surname Wang, also does not have the qualification. Procuratorate prosecution after withdrawal, the public security organ provides a professor level senior engineer certificate issued by the old science and technology workers association issued by the Public Security Bureau, and Wang has a public security organ qualification of evidence, that still doesn't explain Wang now has the qualification identification.

Qualification qualification includes two meanings, one is I have the qualification. The two is the unit of qualification.

The NPC Standing Committee on the administration of judicial authentication "decision" the judicial appraisal and internal investigation identified separately, judicial appraisal by the judicial department, identified by the investigation organ in charge of the investigation.2005"The public security organs in appraisal institutions registered management approach"Rule second: "as mentioned in these Measures refers to the public security organ appraisal institutions of scientific research institutions, the public security organ and its colleges, hospitals and professional associations established according to law and to carry out identification of the work of the organization."2005Regulations for second years "the public security organs identification registration management approach": "identification of the person referred to in these regulations, refers to acquire qualification and by the public security organs of appraisal institution engaged in employment, medical, trace inspection, physical and chemical inspection, document examination, audio-visual data inspection, examination of electronic evidence, psychological test and dog identification test identification of the work of professional and technical personnel.""The Ministry of public security criminal technical appraisal rules"Rule twelfth: "identification report signed by the appraiser, inspection report signed by the inspector, specify technical titles, and stamped with" dedicated seal criminal identification".

Identification of evidence in litigation consulting center of a mechanism is neither of the public security organs, nor the judicial authentication institutions, therefore, does not have the qualification. The prosecution organ to provide evidence of just that Wang was the public security organ identification, there is no qualification.

The collegial panel if interested, you can search the Internet Hebi Ma Tingxin homicide, finally the horse was acquitted, footprint expert in this case is the surname wang.

3Public security organs, against the identification procedures, the appraiser has hinted that behavior. "Regulations" for the criminal case procedure prescribed in article 237th:"...... Shall not imply or force people to make some conclusion of identification." But in this case the identification, have clearly told the appraiser, the suspect is Guo Moumou, this does not imply that it is what? The extraction of shoe imprints and defendant body samples in the guard, not to imply that what is it?

Four, about the footprint, have the following problems:

1"This certificate public security check, the footprint is not slippers left, obviously with the Guo Yanchen confession in criminal contradiction to slippers.

2> samples form a shoe is not clear, hard degree and the identification error shoes will obviously difference.

According to the sample photos, samples of the shoes is the 1.5 high new leather shoes, shoe imprints clear, intermediate heel and forefoot obvious boundary, and site formed footprints are obviously different. The soles of different hardness shoes, on the formation of footprint heavy, of course there will be some relationship. Identification of people actually said shoes of different does not affect the footprint identification point of view, the defenders can't understand.

The statement also has contradictions. The victim was the first sense, is that the love play, give their love a call, said: "after you strike hit me there?" Why is she in the first time that the lover is committing a crime?

In view of the case there are many doubtful points, two times to withdraw the prosecution procuratorate cannot be resolved, the people's court to acquit. Procuratorate after hearing the news to withdraw the prosecution, the suspects will be released.

The experience: A, clutching the authenticators and authentication institutions whether qualification problem. Two, dare to authority, experts say: no!

Eight,Li Gou justice concept of honor and disgrace with it because the success or failure of a refuge

Yang illegal business case, by six years in prison for probation.

Director Yang Department in Salt Industry Corporation, industrial salt management office.2005Years, the State Council petition office to report letter, said Yang Industrial salt, into the market, causing damage. Province, city leaders have instructions, each big media reports eagerly. The most influential official Xinhua news agency is the "first case found a private salt salt fog" as the title, to be disclosed. Industrial salt related to people's health, one time a condemning. Procuratorial organs indictment identified Yang people constitute the crime of illegal business operation and the circumstances are especially serious sued to the court, ask a heavy sentence. The second instance court, procuratorate is the "national top ten outstanding public prosecutor" personally go into battle.

The indictment that: in 1999 August, Yang violation of salt industry management regulations, the Pingdingshan Condor salt to 650 tons of industrial salt Lianyungang foreign trade company via Shangqiu directly on the city marketing. In 1999 October, Changyi City, Shandong Province Yang through the means of production company salesman from Changyi city to buy before the green salt industrial salt 1440 tons of sales. The autumn of 1999, Yang from unpaid leave people in Changyi city of agricultural means of production company purchased 650 tons of industrial salt, sales. Before the Spring Festival in 2000, Yang from Shandong city of Weifang province salt dealer Zhong Weishan hands two times the purchase of industrial salt 360 tons, including 180 tons in the city sold another 180 tons were seized, confiscated. The total sales amount90Million yuan.

The impact of a major, I as Yang defense defended, was also once colleagues admonish, gentleman not threatened under the wall. A target for all, avoidance. Because the case there is the risk of refusing to defend, not nature. I as a defender, attended a, the second instance court, proposes the following viewpoint, is admissible in court:

A, Yang's behavior belongs to unit behavior rather than individual behavior. The unit behavior refers to the behavior of duty unit personnel for the interest of the unit implementation. Yang acts belong to the unit behavior, reason and evidence:

1Industrial salt, Salt Industry Corporation Management Office in Salt Industry Corporation is a functional department. The public prosecutor to provide salt company documents, or in the name of a foreign city salt general company operations, belonging to the Salt Industry Corporation, so do the implementation of industrial salt is Salt Industry Corporation act.

2Yang, director of the office of industrial salt, its behavior is the behavior of duty. The establishment of industrial salt office, company named Yang as director, have certain powers. As the director of requirements of industrial salt office worker should sell salt, to finish the task without wages, fully illustrated is the duty behavior.

3Yang et al., industrial salt is for the interest of the unit rather than personal interests, which is the main difference between unit crime and individual crime. Industrial salt40Employees, company did not call any funds, even the wages depend on industrial salt do raise, staff welfare Mid Autumn Festival, spring festival but also from the industrial salt do from profits to the head office. If the company does not know the operation of industrial salt, then so many workers for half a year to live? The Mid Autumn Festival welfare to the corporation's costs come from?

The view adopted by the court of first instance, that Yang's behavior as a unit, the crime as a crime.

Two, Yang acts do not constitute the crime of illegal business operation.

Salt Industry Corporation business plan of industrial salt does not act in violation of the object of the crime of illegal business operation. The object of the crime of illegal business operation is the order of market access, which includes franchise, franchise, license management system etc.. State franchise for industrial salt, awarded the levels of salt company a monopoly right, any other units and individuals have no right. Since the salt company is right of monopoly, industrial salt salt company is selling plan or scheme, are not violations of monopoly rights. If the violation of the right sales monopoly behavior salt company's own logic, obviously not good.

As for the public prosecutor put Yang sales plan of industrial salt, identified as the crime of illegal business reason, defenders argue cannot be established, for the following reasons:

1,"Criminal law" the provisions of article 225th, constitute the premise of illegal business crime "violates the provisions of the state must be". For what is the provisions of the state, "criminal law" stipulates that the ninety-sixth "referred to in this Law means in violation of state regulations, refers to violation of laws and decisions of the National People's Congress and its Standing Committee to formulate, publish administrative regulations formulated by the State Council, provisions of the administrative measures, decisions and orders." Administrative behavior of administrative regulations, local regulations, local regulations and the people's governments at all levels and their subordinate departments, are not the meaning of the criminal law provisions of the state.

2,Prosecutors identified salt company sales plan of industrial salt constitutes a crime, must determine whether there are laws or administrative regulations, sales of industrial salt company salt around must be carried out in the approval of the Provincial Salt Industry project. Laws and administrative regulations and does not apply to sales of industrial salt used around the salt company, must be carried out in accordance with the Provincial Salt Administration plan. From the beginning of the procuratorate investigation into today's session, the defender repeatedly asked for the legal basis for the case, still did not come up with the state provisions. It is1991Year "salt management regulations" provisions of article twentieth"Salt wholesale business, operating from the levels of salt company." The Ordinance granted the right to operate at all levels of salt industry company.

Visible, and no state levels of Salt Company salt industry must be carried out, in the provincial salt administration plan so that Salt Industry Corporation, constitute the crime of illegal business operation is the lack of legal basis.

3,The public prosecutor put salt company behavior so that a large number of national tax revenue, so that a large number of industrial salt into the market, causing a potential threat to National People's lives and health. This view is clearly wrong. And don't say caused a large number of tax evasion is that, even if there is, also belong to the tax related crime, since the criminal law shall be made by the tax adjustment, has nothing to do with the crime of illegal business operation. As for the people, the salt company's behavior on the salt market and health of people pose a potential threat, it is just speculation, but there is no evidence, not admissible.

Although this opinion is not adopted by the court of second instance, but the defendant by6Years in prison for probation sentence, is obviously influenced by the view.

Three,Even if a crime, nor a particularly serious.

First the indictment that Yang's behavior belongs to the circumstances are especially serious, should sentencing in more than ten years, is not.

Illegal operation of standard industrial salt is serious and the circumstances are especially serious, there is no clear judicial interpretation. The Supreme Court in2001Year ", the Ministry of public security on the highest standards of prosecution of economic crime cases" in the provisions of the crime of illegal business operation of serious expressly. Defined as: "engages in other illegal activities, illegal business units in the amount of five hundred thousand yuan, or the amount of illegal income in one hundred thousand yuan of above, should be prosecuted." The prosecution means that constitutes a crime shall, if the circumstances are serious standard means for illegal business amount50Million yuan. For what the circumstances are particularly serious, no provisions. For there is no judicial interpretation, should be in accordance with the principle of suiting punishment to crime, reference to the highest law about other crimes are serious and the circumstances are especially serious gap to determine. Considering the principle of suiting punishment to crime, combined with the spirit of the judicial interpretation, when only the determination of the amount of serious or if the circumstances are especially serious, should understand like this: when the circumstances are serious crimes as basic constitution of crime, if the circumstances are serious and if the circumstances are especially serious amount of difference is5Times to10Times. When the circumstances are serious become aggravated crime, serious and if the circumstances are especially serious difference is3To5The few times2Times, such as firearms. The basic crime of illegal business crime is serious, especially serious and the story of the gap should be at least5Times, otherwise it is not enough to reflect the principle of suiting punishment to crime. The case of illegal business amounted to90Million yuan, if the circumstances are serious enough to not more than3Times, obviously can not be identified as if the circumstances are especially serious.

The view adopted by the court of first instance of the.

Four, a case in which the defendant30Million yuan fine of no legal basis.

"Criminal law" article thirty-first:"The unit crime, the unit will be fined, and the persons directly in charge and other directly responsible personnel penalty." The provisions of the double penalty system of unit crime, and no provisions for the person must be sentenced to a fine. Article 231st: "where a unit commits this section 221st to article 230th provisions of the crimes, it shall be fined, and the person in charge directly responsible and other personnel directly responsible shall be punished in accordance with this section, the provisions of the articles." The provisions of the crime of illegal business operation, the unit may be the subject, the unit shall be sentenced to a fine, the personnel in charge and the directly responsible personnel are still in accordance with Article225A crime. Article 225th stipulates that offenders will be sentenced to a fine of premise of illegal income, personal no illegal income, cannot be sentenced to a fine. In this case, there is no evidence that the two defendants have illegal income, should not be applied to the defendant criminal fine.

At the trial court is a national excellent public prosecutor, really generous, court approval defender's point of view, court agreed counsel's view, be commuted.