Behind the Wang Lijun charge of crime case
Chen Youxi in the Shanghai Bar Association's speech
(Chen Youxi) according to Shanghai after the lecture, many lawyers asked for speech and video. Because at that time Shanghai Lvxie punishment committee no recording, I regret to say no way. Later have a well-known and unknown friends friends sent me video clips and photos, sound recording, only people really know that heart. A few days ago suddenly received whole tapescript brillant lawyer, straight a little be overjoyed. As a historical record of events, I am second time may not speak to the extent. Really thank Shanghai Lvxie punishment committee and Zhai Jian lawyer, lawyer Pei Hong, vice president, Xiao Qing brillant lawyer. Especially the high bar, ripping out of more than 3 words is not easy. Now I read the transcript carefully a school, basic remain the same. Published for reference. Can a collection need, because this may not last in the network.
The ins and outs of lawyer Li Zhuang case boundaries
Time: January 10, 2010 13:15 PM - 17:00
Location: Shanghai Pine City on the third floor conference room
Moderator: Zhai Jian lawyer (Shanghai Lvxie Punishment Committee)
Speaker: Chen Youxi lawyer (Jing Heng lawyers group)
The recording arrangement: smart lawyers (Shanghai Wanfang lawyers)
Correction: Chen Youxi, your lawyer
[] you lawyer Zhai Jian, good afternoon! I saw the venue has many lawyers standing, I felt very guilty. Originally this is our event study criminal law will, in accordance with our previous practice are welcome interest lawyers to attend, so we each activity on the Internet the information, did not expect this to so many people. Originally arranged in the association of 35 buildings, but some lawyers and call me say online registration 150 fundamental news does not go. In a big place, and I also Friday lawyers associations comrades to find a place in the side, right here, more than 250 position, is not enough. If you find some people convenient. This day approach with the lawyer, limited to the lawyer, is not enough
Today, so many lawyers had explained the problem, our lawyers concern the case against Li Zhuang, I also believe that our lawyers are not purely for fun, the story ran to Li Zhuang, because this case does occur in Beijing lawyer who happened from us, Zai Yuan is located in Chongqing, however, the there's influence on the lawyer industry, especially the influence of criminal defense lawyers the impact is very big. In the last section of business research research and occupation training, we summarize the work 2009, arrangement work in 2010. The Criminal Research Association in 2010 the first point is to continue to strengthen the criminal defense lawyer for the risk issue. It is optimal in the risk perform defense duties to be noticed in the process, should be avoided. So today we invited Chen Youxi lawyer, he is my, friend of twenty years, when he was in Zhejiang province high court work in those days, because I do case and he knew. Now he came out as a lawyer, his title on the screen, I will not introduce. Please lawyer Chen Youxi give us some about the Li Zhuang case. Why do we care about these , which has been related to our criminal defense lawyers can do what, not what you can do as well as we practice often encountered problems now has risen to the level of crime and non crime are discussed. I am found Li Zhuang case verdict, the verdict in the hospital that the inside story of Li Zhuangyou several behavior is that: the crime of defender Li Zhuang served in the defendant Gong Gangmo defender, the meeting Gangmo gong machine to Gong Gangmo read - for the instigation, Gong Gangmo made by public security organs to torture to extract confessions confessions, letting Wu Jiayou hired police, that Gong Gangqi was torture to extract confessions, lured Gong Gangmo wife Cheng Qi Gong Gangmo extortion of false facts. Letting Gong Ganghua arrange Baoli company job false testimony, and to the Chongqing first intermediate people's court submitted to colleagues Gong Yunfei, Gong Ganghua, Cheng Qi et al. Application. The behavior interferes with judicial action litigation order, which constitutes a defender fake evidence, prevent to testify the crime, shall be punished according to law. For this crime description, open in Ming just first, if read other defendants human testimony to the defendant in a meeting with the defendant, there has been a criminal activity are out. Then I believe we focus on the case is a certain reason, we directly related to what to do in the future. So I ask the lawyer Chen Youxi sent the case to introduce the process . The purpose is not to see, do not mind to see. We want to raise awareness of self-protection, to avoid the risk of full practice, make our criminal defense in taking facts as the basis, take the law as the criterion of legal orbit Road, now we welcome Chen Youxi lawyers.
[Chen Youxi] thank us all members of Shanghai you counsel, colleagues, thank you, our vice president Xu Xiaoqing di Jianda lawyers and Shanghai punishment committee! Shanghai is our leading Delta, very honored to have the opportunity to Shanghai Bund to speak a so professional law, can not be said to be the Department of. In this case, I took over from the court before the short five days, became a symbol of shock the Chinese legal incidents, does have a lot of things to speaking, today's scene is very big, but we are lawyers, many of our small range would not put in this lecture, but I will try as they wish, it is good.
If you want to take this case, sequence of events today to talk about, it contains the legal aspects, deeper things all words, certainly too late. Fortunately, I have an academic network, most of you have seen, sentenced to judgment, the indictment, the chain of evidence, I defense including Gao Zicheng lawyer defense, as well as domestic media all including Chongqing relatively objective and fair report, all on my academic online, so that everyone can see . In this case the truth, some after don't need me to detail, we want to explore is a professional lawyer, we should do in criminal defense, can do what extent. Just tell lawyer Zhai Jianda has a very good bedding, put a few key problems have been carried out. Today's topic is neutral, I wanted to choose a shocking topic, I think this is not good. We are the legal person, very rational, is a lawyer boundaries, so I say today is a lawyer should be how to grasp the risk in criminal litigation as well as reflected in this case we Chinese criminal procedure law, China lawyer to arrive what extent, China criminal lawyer basic rights he we have have to line what is damaged, to what extent, lawyers law (last June 1st) Chinese criminal lawyer met those difficulties, our senior also issued what sound, through the Li Zhuang case to show. Many of the problems involved in this case, so I have told Li Zhuang defense is the basic duties of a lawyer, I can't do well aims too high, a powerful and unconstrained style, theory, legal principles, speaking background, legislation, I just do my lawyer's liability. But this case as a defense lawyer in responsibility, good things worth thinking. So when Zhang Peihong phoned me such an introductory talk seat, I'll happily, the association of Zhejiang also did not think of, this is the first lesson. Here would like to take this opportunity to thank the committee, Shanghai Lawyers Association, in this case I exit after a short period of time, you combine punishment committee seminar, Beijing Lvxie issued than earlier voice: a lawyer with the defendant, his legal help right, other defendant confession read to the defendant, is not constitute a crime, you have made a clear definition of . In my defense, I actually absorbs Shanghai punishment committee's point of view, so that you also help defend me, would like to thank the Shanghai punishment committee member, I began to tell my report.
The first problem: the Li Zhuang case is China legal system, rule of law, China strictly in accordance with the criminal procedure law, strengthen a living specimen of promoting judicial reform.
Why did Li Zhuang this small sentenced to two and a half years case, will cause the 160000 lawyer concern, why cause spontaneous demonstration of Peking University, law professor, why can cause Southwest College of political science professor in disregard of the law is original position? To become a great event of Li Zhuangcheng law, legal sex symbols? The case of Li Zhuang really is a reflection of the progress of legal Chinese. We imagine: if it is time to strike in 1983, I was transferred to the public security department from county specialized work, I am a pre-trial police, I did the pre-trial, the public, examination combined with cases, there isn't so much controversy, there can be no sixteen hours trial, not can have so many media sit in court, so that the short twenty-five years, the 1/4 century, significant progress has been made in Chinese method. Although we feel a lot of less than satisfactory, now we feel Li Zhuang case there are many unsatisfactory, but we still need to see the mainstream, to see China progress. Despite the media criticized the court's many problems, especially the criticism of the public prosecutor, but I still tried to court media say, I say they are protecting the rights of lawyers, or security press interview right, or the program at least finished. They originally sentenced to fall on the six o'clock, may the verdict did it, news release is ready. But under our defenses, until the next day at one fifteen in the morning, the day of judgment. This is significant progress China legal system, eight three years, the public prosecutor, combined with case, discuss a dozen death a late , second days to pull the ground shot. Think of it this way we China fortunately. These twenty-five years, we established the legal system so much, do so many law schools, the two fifteen years of legal culture, so many lawyers, including legal professionals court system now, we have to believe that the training of legal person Chinese, this team is very strong, so based China of governing the country according to law is have.
The original opinion, the official website of Chongqing, Chongqing daily, Hualong nets, four lawyers all previous exposure are bad lawyer: Zhou Litai is from part-time lawyers to shyster, second beauty law is judge Valentine took four thousand million, third attorney Zhao Changqing is a person who offers bad advice of the underworld, fourth Li Zhuang is a lawyer to Chongqing to make money "silly people, more money, come to prostitution" black lawyer, the China lawyers to Chongqing without a good image. But is, by observing and reporting the country know the law of the media, this kind of one-sided opinion manipulation was immediately broke, the real facts and objective voice of reason. If we don't have this more than 20 years of legal education cultivated with modern legal consciousness of people, we could not have such weighty objective voice.
The reason why I wrote many articles in "academic network"? But for my appearance bedding, played a good role to beat gongs and sound drums to Chongqing, put myself in the spotlight, this is the best protection. I was don't know what I would have joined the defense, I wrote "the rule of law objectively sink:", "the newspaper text criticism on lawyers", "on", "think tank" on a seven or eight article, the country has very concerned. Gao Zicheng lawyer with the executives of Kangda suddenly decided to invite me to join the defense, I had no thought preparation, just want to be a objective comments observers and scholars. But, when I decided to accept the commission into the case, I was heart an opinion in the people, my "lawyers" has put Chongqing on the lawyer's prejudice and hostility to profoundly revealed, they no longer dare to blacken me, because "over and over again, three exhaustion", "Cao GUI debate" in the words, Li Zhuang fourth, I'm fifth. If we don't take this thing out of it, the fifth is very likely that the high way and I make money, become a black lawyer be blackened arrested. So a network between me and Gao Zicheng lawyers to Chongqing , gives us a very high honor, even said "can't find the two defense lawyers and prosecutors contend with men in Chongqing". Why, two court female prosecutor has Petals drop and waters flow., there is no way and we parry. Not two prosecutors have no level, because they charge system is too weak, the case fact building on the beach, the evidence system did not build up. In such a case, they could not make out a good case, no way charges, no criminal facts and evidence, no evidence can be charged, so this is nothing, two female prosecutor has been very tough, the national top ten, the world top 10 we are not afraid, because the court or to the truth, put facts speak the truth. So the website from National Chengchi University Professor reported local newspaper, said: today's hearing to fully reflect the China role of criminal defense lawyers, legal knowledge is very deep, the evidence placed very solid, this is the Chinese dragon net reported. I in the morning of the second day in the academic network respond to them, thanks to Chongqing's official website has finally started to positive evaluation Chinese lawyer. This is a very typical education, is definitely not a Li Zhuang things, has not is Chongqing lawyer thing, which is reflected in the progress of legal China. Do not think that Chongqing is in a complete mess, including judge Fu Jianming, now everyone he criticized a lot, I sympathize with him, he's really dedicated to the case well, he didn't know the sweat on the court, the judge or the like in his power, fully respect the law, respect the reporter, fully play the role of the trial, as to a judge's responsibility. Including prosecutor, although she has a lot of use lame arguments and perverted logic, talked a lot of nonsense, also shows a very good public prosecutor's quality. Of course, the last minute, I'm telling more fierce words, made her very passive, I also very guilt. Because I do not speak, the courtroom people will think that Li Zhuangzhen's prostitution. So many journalists, Li Zhuang's wife, son and brother and sister were in court, I have the responsibility to protect my client. This cannot say gentle, modest and courteous. The prosecutor is also very stubborn, reflects the legal level, but also reflects the law department of law school, twenty-five years China culture, education. Both judges, lawyers, prosecutors, including written , many reports are at high levels, see the Chinese legal issues today where, reflects the legal person China spirit, but also reflects the China legal accumulation of forces. China will not eight three years as a watch out not legal talent energy, no longer. So a lot of people in my academic online message: finally see China have a real sense of law, this is a very high evaluation to our.
Li Zhuang case will be China inspection status of the rule of law. In fact, our senior, our public security organs, the end of the rule of law concept to what extent, China Criminal Court real criminal court or acting , this case is the rule of law in our country present situation inspection, will also affect the "Criminal Procedure Law" amendment and "lawyer law" carry out, the "Lawyers Law" rights and fulfil truly good, we thank one's stars.
But the "Lawyers Law" from June 1, 2008 to today, this one and a half years, we see a very distressing results, our "lawyer law" rights deprived completely, the situation than the old method period but also severe. The National People's Congress clearly explain to the "Lawyers Law" as the standard, the Supreme People's deputy chief procurators of Comrade Zhu Xiaoqing, when he was deputy director of the research office in Zhejiang's Procuratorate, I also Zhejiang high court when the deputy director, compare the solution, clear and he speaks, the procuratorate must be based on a new "lawyer law" shall prevail, right, marking the right guarantee of lawyers. Therefore, the procuratorate system must be better than the public security, at the very least, marking the right on the stage of review and prosecution can protect syndrome. But we are now in the public security in the investigation stage, in fact, the procuratorate anti corruption bureau is the same, the right to practice basic being deprived completely, the reason is "Criminal Procedure Law" does not modify, criminal procedure law is the law, law is a small method. He did not know the two method is by the Standing Committee of the, that is their own interpretation in chaos. The new law is better than the old method, new method to apply, it is the basic knowledge of law, they do not understand this. In fact, not don't understand, is a kind of power and privilege. Therefore, Li Zhuang case exposed the law basic practicing rights issues, is bound to affect the next "Criminal Procedure Law" amendment "lawyer law" and the implementation of.
The Li Zhuang case is the legal quality of twenty-five years Chinese evaluation. You can see most of the online message, other sites I browse, Tianya, Katie, Sina, including my own website thread I look at, we found that the law netizen level. A lot of evaluation is very professional in place. In addition to the "five hair" is the street, don't consider to scold, also reflects our Chinese has some very low grade, misleading, induced guide people's "five hair", these people really can scold, look at the title did not think even if a lot of people. I'm not polite to say "five hair", academic network do not want me to serve you, you return home to play one's ability and cleverness! Manage your network in Hualong is enough, I'm not polite. Because these people are not mind, actually has been doing them a disservice to the messenger. Such nonsense, more say more embodied their humble inferior and low-grade, refer to Angel level is low. However, the Internet public opinion from tell on the whole, reflects the awareness of the law China citizens greatly improved, is the general inspection.
The case of Li Zhuang has had a profound influence on the Chinese lawyers. Now many people speak to learn lessons from the case of Li Zhuang, also I am interviewed said Li Zhuang lawyer to draw what lessons. I said no lessons, I have no lessons on the Li Zhuang case, only the right to be hurt feeling. If you really want to learn, then in the Chinese criminal court without a lawyer, the court will cooperate with public power act. Then we China not only lawyers industry backwards, but Chinese legal setback, Chinese law cannot achieve, is such a major problem. So the Chinese bar us from which aspects to reflect: are we retreat, we stop arguing, exit the punishment military court, or that you make a little money, you say how do I listen to the Public Security Bureau, prosecutors say how do I listen to, hit to death I don't speak, to the law the court did not dare to speak the truth. If everyone from this point to draw lessons words, it's sad. Our lawyer is a liar, they took the money, not for other people act, false defense, with the acting. If so, speaking of conscience, this money is not simply criminal court, not to counsel. The case will go very far-reaching impact China lawyers next. This is my, public I have no worries, I hope our judicial departments have the sound, we hope the National Lawyers Association of sound tone.
I want us to think about the legal system were some significance. Singapore "Singapore United Morning Post" to interview me, I said a lot of Chinese legal progress, made important progress China lawyer, said heavy progress Chinese court, in which a word is not a defense attorney for legal system, China defense. This article in the overseas influence is very good, very strong. We as a lawyer, to put a case to run, also to maintain law and order in the country's image, especially in the overseas media image. Vice President Xu Xiaoqing and I went to visit Holland, Holland Ministry of justice, Hague court to receive us, we fight propaganda Chinese progress in the legal system, we say China has not twenty years ago. We always differentiated, outside or to speak Chinese positive image. But we do need caused by a high degree of vigilance and attention. If you go on like this, we China said in rule by law is an empty word, this is the first question I speak.
The second problem, tell Li Zhuang the truth of the case. The facts of the case, through more than 30 media reports, including Chongqing Hualong media network reports, I believe that everyone has be crystal clear. Then you are not clear some of the contents of Chu, when everyone is so big scene, I can not speak, speak up some reaction, including some top what what, some hearsay passed, many reporters confirmed to me, I said I do not know , know also can't talk, we want to and don't.
The case of Li Zhuang we have to sum up in a word, Li Zhuang's lawyer has touched the bottom line of Chongqing public security case, their severe torture to extract confessions behavior by the lawyer is likely to The case is entirely cleared., and he collected some evidence according to, Gong Gangmo in court if he (Li Zhuang) legal rights and legal help, self the case of Chongqing, the crackdown on the acts of illegal operations to exposure. So to start Li Zhuang's lawyer, is due to touch to their bottom line. As for the touch what the bottom line, I believe that saw Gong Gangmo court cases, see Fan Qihang lawyer, Fan Qihang himself in court, you can understand. Fan Qihang court said words, Gong Gangmo told Li Zhuang lawyers to hear, Li Zhuang is a Beijing lawyer, may not know the local iron three Ping Chongqing, also don't know iron three Ping is a training base for the militia, more do not know iron three Ping as third Pro when the detention center, he how do you know (Li Zhuang)! But Wu Jiayou lawyer told Li Zhuang said there were two for Gong Gangmo treatment of doctors at the scene to see the police torture, a deputy captain see naked copy hanging too serious, that they dressed up, put down, he gave two policemen, these words Jiayou lawyer Wu tell Li Zhuang. Now Wu Jiayou lawyer as witness, the accused Li Zhuang of shells, Li Zhuangjiao said he bribed police cha. Lawyer Wu Jiayou received 750000 yuan, 50000 yuan in revenue, 700000 yuan in the fly outside, what's happening? He was in the police, now stand out to talk to the police, denied torture to extract confessions a behavior formed. The Wu Jiayou as a tainted witness, now the Gong Gangmo also as a tainted witness. I'm here to talk about: ten the first record of Public Security Bureau do, Gong Gangmo whistleblowing book, an attorney Li Zhuang how to lure him of perjury, lead lure him false police torture to extract confessions, this record, evidence is the main ban Gong case the same project group, do the Gong Gangmo case police, is also do Li Zhuang lawyers Is it right? Perjury. We know what should be avoided is very clear , lawyers in the investigation report of police torture to extract confessions, but these may torture to extract confessions are in the process of this lawyer perjury. Those of us in the court say, we permit ten hours matter in court. So some net friends said that lawyer testimony is not strong enough, in short, he didn't know what evidence we have ten hours, the Chongqing High Court has full video, our focus is evidence stage has been fully demonstrated, arguing support words in some not included. We specifically, main body of your police forensics illegal, you should avoid no avoidance. Your evidence of illegal zero time, five ten in the morning, you in the stem what? What is five to jail? Evidence of the site is illegal, the case had been to the phase of the trial, Gong Gangmo had nothing to do with the addition of the case, how can you go to trial at Gong Gangmo, is an excuse, said to be in the other case pieces suddenly jumped out to impeach Li Zhuang lawyers, not so will do, through the night to Gong Gangmo prosecution lawyers, finally to get, as promised, make good, five ten notes. I said the time, place, take certificate subject are illegal, your file is illegal, do not have a good review of the case, did not do two basic, basic criminal facts are clear, the basic evidence of guilt have, can initiate arrests. Clearly, all of these in court records, all have the quality certificate of video. The case from the roots throughout its produced, is very ridiculous. Several journalists may day in court today, these words in our testimony is testimony out , don't like my defense embodies the things in the word. I have no way to copy out the court record, I put it on the Internet if the copy, because the court is open. Can live tv. Second points here .
The third question, I take a few minutes to talk about why would accept the case. Many people have speculated: be rather baffling a Zhejiang lawyer, lawyer, how will go to the famous Beijing Kangda law firm lawyers, have very strong back king defense. Anyone guess I took many lawyers fees, "five hair" is also looking for this to have a look, I Is it right? Also to make money to. I'm in the treatment of some big projects recently, in Taizhou's case 5.26 billion, two 10000 ton ship sale disputes, mediation. To Fuyang, I had a 140000000 case, this case than in the case of Li Zhuang is much greater. In Fuyang this hostile environment, once the three intermediate people's court, caught in to. Now the heavy tree image of justice case is fair. The case of first instance court sentenced penalty tax at 100000000 to 4, the legal representative and sentenced to five years, fined 1000000 yuan, the Minister of Finance sentenced to three slow five, fined 100000 yuan. The revocation of the original sentence second remand, procuratorate of checking, check back later, the public security case. Tax evasion is not established not fine, people have put out. Local interference do wrong secretary, mayor in the high-speed road connecting Zhejiang back to take over the business, this year I do so many cases, there are a dozen billion project case, the subject is relatively large. I was busy these case, talking about the project in Taizhou. The Li Zhuang case is very accidental intervention. Fourteen, I came back from Taizhou, Xinchang a parties should I visit Public Security Bureau, said that we are wrong. I said not to come, I want to go back to Hangzhou. This one, I got stuck in the cave inside out not to come, blocking more than an hour, I was from Xinchang to go to Xinchang, it was eleven thirty. Have a habit of every day, to maintain the academic network. Eleven thirty I go online to see, one can see Zhang Peihong's blog, Zhang Peihong told Shi Fei guest comments on , said the newspaper criticizing Li Zhuang's article, are nonsense. I turned to this article the newspaper. Look I feel the situation is serious, which have such negative Chinese lawyer system? Where is the China law division as a shyster, one is a person who offers bad advice, a mistress, a money? Chongqing did not have a good lawyer. At twelve o'clock I began to write, until about two a.m., finished writing five thousand five hundred words, I also did not find any reference books, or not? Send me into a storm center of China, not also not swallow this tone, consider ten minutes or send it out. At seven thirty in the morning, I looked up, there have been a lot of lucky . Wait until all the afternoon, after the open, "five hair" not stem, curse and scold the very fierce. I have a look "five hair" there are not words, so called me the contents of the article will cover off. So thanks to them I was forced to write, I write.
The first chapter is "the law", China lawyers what happened. Second is the theory of "black", I'm not against black, my thirteen years ago in the papers, "public." on the published a paper, I is the earliest mention out black scholar, when the public security university professor for the public. Call the editorial department, said that this piece of writing is too well, totally put all elements of black society understand. The Supreme Court's judicial interpretation, three years later, almost complete acceptance of my article's point of view, the four elements, "umbrella" etc. all have. People's University Press Center second months is reproduced, is well documented. So I'm not against the black, I say why underworld generated is police collusion between the cops and robbers failure, can lead to the underworld. Third, they should scold me so much, I see, the newspaper articles must be the public security organs of the people to write, I think I may to dig his roots, I wrote an article on the "think tank". The first sentence is "Chongqing Gang no participation", this article is to Chongqing high-rise look, give them some advice. I say you want to control your brain, according to this, a dragon, is a collection of fleas, what role, nobody knows, there are some gallant soldier, only know to kill those who fought. I said that the high court as high, Southwest University of politics and law professor of when participation. Now I am very disappointed, now Southwest University of Political Science and Law professor of No. Then the three later, some of the comments came out again. I will write seven or eight things, here don't start speaking. Later in twenty No. two in the morning I received a text message: Mr. Chen, I'm high sub process, can you and I together to defend Li Zhuang, I was not based on indignation went two words: can, the later want to regret it. Because of as Zhejiang has a file, the Chongqing case to go through the instructions, study. Sent out to do, I immediately reply, let me to the relevant authorities for advice after the official reply. I'll call my partners to discuss the matter, I said that this case , Kangda has asked me to join in. They did not take on all opposition, not a partner agreed, that I want to go to Chongqing and they all opposition. They say this year Beijing Heng development momentum is so good, we take control of the Yangtze River Delta is enough, don't go there trip. I got very hesitant, at this time I want to call is not good, a written request is not good. Think of a flexible way to send text messages. I send short messages to the Justice Department's friends, send text messages to the National Lawyers Association, the judicial hall, judicial bureau sent a text message, what do you mean? I have already registered, you can stop me, you don't stop me is the default. He didn't stop me not comment, I rushed up to also can not blame me. Later still think not, go to the Hangzhou Municipal Bureau of justice, I say one thing to report, is the online noise very badly of Li Zhuang case. Judicial Bureau two, very seriously, that we don't work for you, me, and they said we ask Bureau leadership, our director's support, you go. We two don't say, of course, support. Then I said, I said go at once. The Department of justice a leadership gave me more small heart to send a message. No way, today we are lawyers, I say, is everybody attention to strengthening security protection. I don't mind rushed out, all ready case, inside, the National Lawyers Association are know. At present check inside, ACLA uncommitted. Such an important thing, organization, discipline to judicial authority, we are right, are we protecting us, some things can not be too fight a lone battle. Then I will give high counsel made a phone call, say my willingness to accept the entrustment. This family has called to say the plane ticket for what time, material where to look, attorney's fees. Lawyer Gao Zicheng sent me a message: the quotation! I also did not reply. In this case, I think moral argument, lawyer for lawyer according to the legal aid to do, go to. I left Taizhou two hundred million M & a project about good on Christmas Eve, the four lawyers in my Taizhou, I ran Xiaoshan Airport, Christmas Eve I was on the plane. Fly to northern Jing, twenty-five, director Fu Yang and my lunch, I and tat the executives only met with Li Zhuang, my twenty-five families signed power of attorney. Twenty-six, I was in Beijing for the independent board of directors, twenty-seven at night to fly to Chongqing . A collegial panel of judges, clerks all our two lawyers until ten o'clock at night. Our application is in Beijing to fax, apply for the witnesses to appear in court, for obtaining of evidence, for obtaining video, for reference injury, burden of our catalogue No. twenty-six fax. The judge told us, we received your application, all to pass the witness we ran all weekend, we run, eight witnesses all served , all records are ready, no witnesses willing to testify in court, and we also do not have method. All delivery and reluctant to record are printed, just sign is the witness of their own sign. I said thank you very collegiate bench, to do so much work. But I hope the witness all appear, at least Gong Gangmo to appear in court, other people can not required. Second, Gong's injury must be identified, it does not identify your image is too poor public credibility of the judiciary. All of our evidence for you look through the surface, but no substance, then it later told media, the opinion of the world how? The judge is low head said this on, we think to do method. Think of ways to identify agreed after. So on the second day to the forensic injury identification, I with high lawyers were very surprised. No. thirty to the court, twenty-nine, ten o'clock at night to give us, I get very high Xing, because the original have no hopes. "Defense" has written. I quickly changed the statement of defense, I used the evidence system and the defense is good before the court hearing before the. It had 12000 words. The to say, the court also fully respect the law, fully protect our rights, at least on the surface. In this case, so went to court, there are many snapshots later.
The fourth problem, is everybody's most concerned about what kind of man Li Zhuang is. So today the lecture, not the courts, we can by the way. As a lawyer, the moral debate is not our responsibility. I as long as he is guilty and debate, the severity of the crime, the debate is enough. Li Zhuang is usually what a person is irrelevant to the case, procuratorate should not say that, I should not argue, is not our task. But I want to talk about today, I want to clarify social raise a Babel of criticism of the legend, is the Li Zhuang of the moral judgment and opinion after very serious. Here I give you a picture, I have today on the internet. This is the 30 trial prosecutors said Lee free prostitution whoring this sentence before an hour in Chongqing appeared on the internet. Enough coincidences. May you never use the Internet did not see. This is Li Zhuang, take a look everybody think Li Zhuang can definitely blacked out. In the police car, Li Zhuang did not wear the dress. Holding a towel around his. If so, Li Zhuang was not in court, in the police car, Li Zhuang should the shut in, don't need to check him for perjury. Not to appear to have been able to reach to set, next to write clearly. But you look carefully the problem came out, next to the clothes wearing short sleeved, Li Zhuang went to Chongqing in November more than 20, Chongqing this month in summer dresses? The inside of the policemen wear short sleeved summer, is also. Strange enough. In fact, Li Zhuang is the head of the PS. Therefore, some people in order to slander slander Li Zhuang, fraud has to what extent, I think is really crazy. I don not fair to say, you can go to my academic online to see. But there are people that a fake photo to see. I am very grateful to the Internet users, so fast that the coming out now. This was worse than our lawyer, I not find so many problems, he immediately found. Then, is the local public security check Bath City in January 3rd. 4, the Chongqing evening news. The netizen wrote six major mistakes Li Zhuang prostitution in the evidence: firstly, propaganda mouth and high tech District Public Security Bureau Comrades praise to stop evil lawyer Li Zhuang prostitution evidence in holiday overtime, against Li Zhuang's arrogance here, and your level is too bad, is a. Here I will not speak . There is a picture we can see, because Yao Ning prosecutors say Li Zhuang prostitution in four Stars Hotel. This piece of "Chongqing Evening News" posted photographs, is on the side of the road inside the shop, irrefutable evidence. Prosecutors said he was enjoying the six presidential suite, seven thousand pieces four-star hotel, enjoy free visit. Prosecutors say the time is December 30th, the public security bureau check is January 3rd, therefore, Chongqing project group is the first conviction, to find evidence, this is evidence mountain. As you can see, in order to black Li Zhuang, our department concerned to what extent. But we China network society is too much, the absolute level of Internet users than our lawyers to be wise. At that time, my assistant lawyer Li Daoyan sent me this picture, I have Meng, what prostitution photos were out. He said don't worry, the netizen is in exposing them. And send a message, I see, will he sent to the Internet, it is paste back. The topic is "Chongqing new tactics: more and more, I say Oolong" or sent to your blog, I'll stick back. Fake photos of people, so the media this approach, too childish. Black is completely people experience the party event, a strong public authority to use this method to blacken a lawyer, we can see that some newspapers is what things! This case is to tell the truth, why I am today speech speed so fast, I began to oppress yourself not excited yesterday, to be calm, rational. I talk about the speed faster, there is no way. Because you as a normal person, think this is too ridiculous ! So for the opinion of the Li Zhuang kill and moral judgment, if you don't listen to my introduction, even you can be misleading. Because of the common people in Chongqing, not many people really studied law, do not know the evidence to how form, how may know public authorities to do so?
I the following one one answer many doubts about the issue:
The first is the issue of charging: the newspaper reported in 2450000, and into 1000000, returned to Beijing, playing in the legal profession for more than ten years. This is newspaper text, here all the media friends everyone could see . It is in the media's eyes, Li Zhuang is one of our national Lvxie did not manage well, mixed with a bad elements in the revolutionary ranks. A head sores, the soles of the feet running bad guy. So this day, Zheng Lin has also been the reporters get bad, Chongqing court at the scene, all the media talk be in full swing in the recess, a dozen reporters in some, is a Zheng Lin was resting in the corner without him. I say the media we should care about him, she also had enough. . Two thirty at night to go home, have a lawyer to her post back to me, says Zheng Lin very guilty, want to talk to me, I said I don't want to speak, to the national lawyers say enough.
Charge problem 2450000 is a lie, how do they form? The 750000 element is added to the lawyer Wu Jiayou his head, called "cross salvage charges". Attorney Wu Jiayou is a police Chongqing public security organ out of the police, the police of the PR case, he started to receive family 750000, income 50000 yuan of the invoice, 700000 flying outside, is such a person, he can't make, the Gong Gangmo family, brother to be bad in the lawyer's hands, went to Beijing to find a lawyer, found the Li Zhuang, is this a case. The Li Zhuang case began to accept others two hundred thousand, reason is the usury, caught in a , said Li Zhuang two hundred thousand, met again, such a deposit, not criminal defense costs. Took the indictment, to the court at the material may not be: organizational leadership triad crime, murder, drug trafficking, trafficking in firearms and ammunition, illegal business crime, bribery crime in front of six, with a few sins are enough to kill, organizational leadership triad crime, murder, drug trafficking, trafficking in firearms and ammunition, Li Zhuang come suddenly fire, usury has more than 100 million, said you not deceive me? In this case, how to catch a man, were arrested more than 20 people, the court should at least take three days. Sitting day overrated, Gong Gangmo this case one day trial. Chongqing is of high level, do not need to three days, I do a triad cases to sit for thirteen days, from before the Spring Festival after the Spring Festival, the Jiaxing intermediate people's court trial for thirteen days, my backache and sat down. Chongqing Zhejiang high level than us, they will. so he would say to his wife you can not deceive the lawyer, in this case, I don't give you. Gong's wife gave Li Zhuang, plus legal fees, so add. "Later, the Gong Gangmo case I tell this case background, Gong Gangmo as the black social base, all his subsidiary 200 enterprises all become black social base, all will be confiscated, he himself will be shot, that is the enterprise to finish, I want to die, egg family finished, this case Li Zhuang talk with them is 1500000 charges, the contract is the criminal defense agreement, written on the incidental civil content. This time I turn out very troublesome, computer and not too fast. There first criminal defense, second legal advisers, third civil agency, fourth civil counterclaim, counterclaim does what, this person is dead against the Gong Gangmo, Gong Gangmo in order to settle gave him 500000 dollars. In fact, Gong just mode is a timid and overcautious people, killed with him is not removed, he did not know this person not to kill a man, the little brother is a triad, coerce in him to help him tube son, is actually blackmail and impose exactions on Gong Gangmo, is such a thing. Now the objective imputation, he may have indirect responsibility, from the competent criminal intent is not to know, not a bit of it. If the case should be sentenced to death, assets of two hundred million failed there, collect this fee is not high at all. The counterclaim is what mean, Li Zhuang wants to help Gong Gangmo counterclaim criminal incidental civil litigation the plaintiff, is the family of the deceased, to 500000 yuan to call back. Li Zhuang this is too strong, the money obtained trouble, this also is a legal consulting, originally the criminal defense should also help, but also write. You say this contract strictly is not tight, in fact, there are some problems, but you said he criminal defense costs 150 million, is completely nonsense. In this case, not only the criminal defense costs, but the Chongqing public security through to the newspaper's practice, is the criminal defense 1500000, the Wu and some 750000 in Beijing, the expert appraisal fee of 300000 added to the original , collected 200000 also added, into 2450000. In fact, the original 200000, including within 1500000, no additional charge. Expert appraisal fee not spend 300000, of course, is to pay all the expenses of experts, money Kangda are account up, without a penny. So the whole project contract fee of 1500000, 1500000, earned 1500000, no extra charge a penny. Of course, the cost of transportation, accommodation, meals to Chongqing is his family paid. A practice that is a criminal lawyer, or pre collection comes in, or accountable by family members to pay, not included in the defense costs within, it is normal. So, you know, two hundred million of our case, according to the according to one percent charges, two million. Some of the projects in the day attorney's fees, the somebody else say how to fight this lawsuit, they receive 300000, so do. The listed business, three word families received three, five million, a bankrupt business, people can receive thirty million, according to the judicial interpretation of the Supreme Court, the bankruptcy assets back up before one hundred million, lawyers will get ten million, the judicial interpretation have. So why in the business things Chinese civil lawyers, lawyers such high fees and no one to scold, a life insurance, insurance company lawyer charge 1500000 is to condemn him? And so on, four theory is the "compensation", I accepted this case is no longer published tendency comments, let others to comment, I put the somebody else's article, you also miss nothing. I as a legal person, how do we lawyers if people public prosecutor, lawyer, we should calmly to do. So my "theory", "the newspaper reward program", "" I have no published evidence. "Compensation" I told China lawyer. At noon I and Zhai Jian lawyer dinner also told Simpson family received tens of millions of dollars. A base this human right, a right to life, such things they received fees than commercial law what is not normal! There are many poor workers, we Zhejiang some convict, called his family to bring the ashes they not. Why, because there is no money, no trip over 500 yuan, some to Sichuan, Guizhou, not to accept, called the government. People like this, you for his death penalty defense, you accept him two thousand yuan is very sad. He can't take them out. So we have a court aid system. But on the other hand, Chongqing's case, as the official case, like the Gong Gangmo case, your legal aid a ghost! He needs you to legal aid? Chongqing judicial bureau is confused, you can Gong Gangmo legal aid, China all criminal cases can be legal! Two hundred million assets boss to legal aid, legal fees do not accept, this is the legal aid system of the China public destruction. The idea of error, the society is not known, our journalist friends is not known, our lawyers know. But no one speaks. Sadly, many of our lawyers in the academic network I called Kangda the charges, not moral, said he received 1500000 is wrong. I think this is what theory ah, how will collect wrong ah? I say 1500000 is low. According to the two hundred million economic disputes, two percent to four million, one percent is two million. So now the commercial lawyer receive money, good lawyer ran off, went to do business case. Everyone is doing business lawyer to do the project, to the. Many lawyers to escape criminal court not to ashamed, the proud. Oh, I don't do criminal cases, this is small lawyers do, our criminal court is not to go. He is proud, but he have to do project. This is really sad ah, we why human beings have lawyers ah? First of all to protect the human rights, freedom right protection, protection of the right to life. Life is important, or money important? Criminal lawyers why charges should be much lower than commercial lawyer? Some people in the dream also do not know what they are doing dream. If the criminal law are not, why to lawyers, lawyers are not all do, legal adviser to, do business manager, deputy general to. The basic functions of the criminal defense lawyer is, but we China such severe situation condition, such a long time, the National People's Congress not to care, the Ministry of justice do not care. Instead of repeatedly to suppress criminal lawyer. So the charge problem, at least we're lawyers, absolutely not to scold Li Zhuang ah, what is a good scolding? The contract all. Is the civil contract behavior of voluntary. A multi billion assets of the boss, you defend him, if only 30000 yuan to 50000 yuan, he will think you despise him, out of his worth, do not pay attention to his case, he won't please 30000 yuan lawyer. China top lawyers are scarce resources, people really can not find. This is market rule. Counsel for the time cost is so high, because he is to do the project, a commercial case for an hour can received 35000 yuan. You don't let him do better in criminal cases. I think the Kangda contract with the Gong Gangmo family were posted on the Internet, but think about the unknown truth so many old people, paste up the evidence, people still have to scold you. Think it over and over again, and I Gao Zicheng lawyers or forget it, do not paste, high lawyer said you post, I want to still cannot paste, let people caught the handle or forget it, was not posted up, this is the charge problem.
Second messages: "silly, Qian Duo, black enough, come on". If you have the memory of the words is the story of two years ago. In fact, this is a big case, which she sent it who do not know, do not know what is netizen invention. This is how the story will get into Li Zhuang's head? It is the public security organs of the invention. He said to the newspaper release. They are not lying? I only tell the truth. Open tribunal of sixteen hours, the burden of proof, there is no evidence for this claim, are not. All the pieces of paper, quality certificate, including the public prosecutor said, there is no evidence to prove this statement, no one witness said this sentence. enough of it, anyway, everyone is aware of the. The public prosecutor during the sixteen hours of the burden of proof in court, without any words. So Li Zhuang must tell the newspaper, it is impossible not to slander him, tell him, now there is no way in inside, mainly to deal with questions of guilt or innocence. The newspaper is to eat to settle lawsuits. Now people say to tell right now, I don't have the energy, and I don't want to try to do everything all by oneself for Li Zhuang, I don't, I think tat is have this ability. Will certainly help him to, Li Zhuang himself will tell. Don't worry, I can responsibly tell you, Li Zhuang I to him to verify the message, his eyes are wide, say what time I send this message? Who? I say today, you also don't get excited, you come out I put the newspaper to see you.
Third is the affair, I just took photos for everyone to see. You can think of, resort to every conceivable means. On December 30th at one o'clock in the morning, the morning is actually thirty-one, one o'clock. Yao Ning prosecutors say in court, the court Li Zhuang protest. I was the second round is not to speak, speak not necessary, hear this have to say, I don't speak out words, Li Zhuang suffer. More than 200 people the following ones, there are so many media, I do not clarify the legal words, media don't understand. I finally take a minute, to debate a. I am sincerely respect the public prosecutor, the court is very strong, the image is good, the public prosecutor who is to pick before, we also not is not respect others. Here is the patience, the other is lost in a complete mess in the law. Legal trial failed to moral judgment? This is very bad public style, reduces the personality assessment price, and over the point be at one's wit's end, this sentence is the curse words, I for this also is very angry. I said after the judge did not let her response, knocking hammer adjourned. If the argument words, Gao Zi Cheng will be with her to come. Love affair is a very ridiculous event, this post fake photo number thirty at twelve o'clock at night send out, Yao Ning the public prosecutor in court an hour late exposure, is No. thirty-one at one o'clock in the morning not to speak this sentence. With some people and Yao Ning is very close, the court court fit is very close. It is a pity that the photo is the netizen points out false, has been deleted, but we have to get it fixed, one eye through its false. Today's Chongqing Evening News said the police until January 3rd FA Li Zhuang has no prostitution investigation, Yao Ning the public prosecutor in thirty-one, said, the public prosecutor in court accused him of this behavior, you must January 3rd to search, to find Gong Ganghua's brother, said he is accompanied by his own, prostitute, looking for a lady made a record of two, and then to the Chongqing Judicial Bureau issued proposals, said Lee Zhuang Piaochang, should be sent to the Beijing judicial bureau should not be sent to the heavy Qing, because Li's lawyer, founder of the lawyers in the country more, how to prove Li's lawyer is Li Zhuang? Prostitution will be reported to the house? Where people engage in a PS photo, he is the photos of people. But the photos created, they revealed six major problems. A short sleeved shirt in summer. People in the police car, body surrounded by a bath towel, how is this possible? Surrounded by a towel must can be detained, must be in it, not labor Li Zhuang parenting? Not so much energy to make the crime of perjury. Too ridiculous! Such a thing, Chongqing lost, in court was severely criticized by, still looking for evidence. What Hu Shi said "bold hypothesis, carefully verify the" first post conviction, to find the evidence, the practice of Chongqing. In December 31st January 3rd, charges, still looking for evidence. Such things happen in the Southwest University of Political Science and Law, a strong legal foundation in Chongqing City, I want to want to really go crazy. As a public authority, how could you do this to organize the evidence? Has been completely out of order.
The fifth point is the jail, the Li Zhuang trial image, wearing clothes image was put in the national media, was in the newspapers, television and photo was shot. Is to discredit Li Zhuang. The two prosecutors take positive image, the positive image, the positive image picture no lawyer. There is one thing to clarify, the newspaper said prosecutors accused me of sitting wrong, it is wrong to me. They attack is high lawyer, lawyer Gao sitting there bias, the debate took the pen to the public prosecutor, said you do not, that was wrong, he put the public prosecutor in the fire. This response is to clarify the lawyer is not good, so I came to say "here is not kindergarten, also not debate, lawyers sitting don't need your guidance." The reporter friend below hear what I think I look like this in response, in fact I sat very positive. In fact, they want to put Li Zhuang into a negative image. Want to lawyer painted without basic training. This is nothing to say, no crop up.
The sixth point is the court. Chongqing's official newspaper, the site was trying hard to make Li Zhuang into arrogance, contempt of court, the avoidance of the problem, say those words. He challenged no legal consciousness, make the court. Speaking on the occasion of Li Zhuang is right, the public prosecutor avoided me don't talk reason, I want you to avoid you must go to the full, you must call the prosecutor to decide. Here the law. We also discuss that Li Zhuang exercised this right, I have the right not to stir the court, fully in accordance with the provisions of the criminal procedure law of the right to exercise. Because we heard a message, they are planned in court, even in the middle of the night will be sentenced him off. We in order to let the court to guest calmly discuss the concept, really calm down on defense our ideas, cannot let them on the spot found out, we three lawyers all agreed. We would try to make procedural rights with all the foot, we use the legal process order, as long as he eight thirty deadline passed, through the newspaper won't be, this is the objective, is a skill. But we are definitely not illegal. Why is this so? Because the ninety-nine copies of prosecution evidence, just give us fifteen copy, I every evidence of course to cross examination, this is your illegal for giving me the opportunity, if all to me, I as long as the defense line, can greatly save cross examination time. The law has no evidence can not be as evidence, evidence must be seen evidence is possible. So we are legal difficulties, she read in court, one to read, read after the show we see, after seeing the evidence. So a geological evidence evidence, trial in sixteen hours, this is completely in accordance with the law. Not as a lawyer in court, the criminal procedure law on the edge, the Supreme People's Procuratorate, the Ministry of public security, the Supreme Court judicial interpretation of the law on the edge. I want evidence when reading a law, read to you, the judge can't interrupt me, I'm not to defend. Step by step down ten hours of time passed, Li Zhuang asked prosecutors to avoid him without any reason, this is legal. Why should the public prosecutor to avoid, because the public prosecutor use lame arguments and perverted logic, you this case such a speed run, intention has a strong judge me guilty, so I want you to avoid, you said no law to apply for withdrawal of according to official corruption cases, then why long trial? There is no legal basis. This is not legal evasion, avoidance is discretionary, reasonable avoidance. I do not want you to avoid, to you long trial. I apply for the right? Li Zhuang Xing make for remote jurisdiction, not requiring withdrawal right, of course. You say whole evasion does not allow, that I was a challenge: the first application the presiding judge avoidance, second judges, third to apply for withdrawal assistant judges avoidance, fourth application clerk avoidance, fifth for the public prosecutor withdrawal, he raised six avoidance, they ass does not carry, nor the on the spot, have to reject the application. Li Zhuang said you even go out to a circle, the debate over, your program is complete. The prosecutor withdrawal is the procuratorial Dean decision, judge you have no right to decide, you open the illegal. In the end, Li Zhuangjiao how they trial. I remind Li Zhuang to respect the law officer, attention should be paid to the defendant own identity. We three lawyers is back up in the criminal procedure law, the right to play but we are playing. There is a netizen to say I don't know, this is about five hair. I am Li Zhuang's legal agent is wrong, the lawyer to apply for withdrawal, the court rejected me, said to be the legal agent to apply for withdrawal, I said I was the legal representative, the judge said that you are not a statutory agent, rejected, five hair listen to, a lot of police undercover under listening, he put this sentence if the newspaper. What is the legal agent? The lawyer in court that he will protect people, if the defendant is illiterate, did not know the legal rights, not writing, he rights on the defenders to protect him. If this is a juvenile, the application does not apply for withdrawal and how did he know that? His parents have no right to speak in court, of course, to rely on my lawyer raised. This is a basic law of original . However, this point, also cannot say they have no physical. We go to the criminal procedure law of our criminal procedure law does, his parents, director of the street in guardian, defense lawyers instead of. So the next time to modify "Criminal Procedure Law" , this one must get rid of. The lawyer must have a direct application for withdrawal right, so we can really protect the rights of the defendant. The Criminal Court lawyer can't protect the right to defense, this design is the problem. There are want to prick five Mao said another of my ignorance of the law, the defendant is accused, is wrong. This is even the basic Chinese grammar have not learned, ignorant smatter to accuse others. No ambiguity in Chinese grammar in context can be by referred to as "the defendant, the court, you put the question about the" judges, prosecutors, so called, lawyers also call, such as is normal, the court is he not the defendant? Civil defendant, criminal called the defendant, this is not the law of five hair nonsense. We all court appearances, whether high lawyer, I, Li Zhuang, we all exercise in court is the legal right, we don't have any breach of law behavior. On the contrary, all applications are rejected, it is not in accordance with the law. So the judge adjourned two times in very helpless. President of the following three court hearing, deputy secretary of politics and Law Committee is at the bottom, the Chongqing Municipal Public Security Bureau deputy below, so many plainclothes policeman sitting below, procuratorate also below, the presiding judge pressure is very big, so he constantly. I with high lawyers said, the judge is very good. The to all of Li Zhuangan's problems, collect fees problem, messages, peach, everyone can understand. Li Zhuang has a worthy of peer admiration, there is no legal information, in a legal reference books under the criminal procedure law, back out, apologia himself wrote a eighteen page, I've been on the Internet, you can go to see. He is very strong, a criminal lawyer is very good. I had for him no favors, through this case, that tat the criminal defense. Of course Li Zhuang to me is satisfied. After I put the prosecution defense, court to meet him, he said I was in this life to value the lawyer, the last ten minutes, thank you very much for your reaction to the so quickly, organizes to counter attack, thanks to our. We three people became good friends.
The last question, Kangda lies in this case has no violation. This is the very concern of public opinion. I believe our lawyer friend, you have a point of view on him, they are money, that is on the do case. I think so, I don't hide your thoughts, Kangda image does not too good. The great: we can write the judicial interpretation, we can take the National People's Congress to take down, the Kraft may blow . I'm Fu Yang director said: you know, the team didn't manage, some lawyers you outside the image does not too good. He said that I also have no way, outside say, I don't care how specific. Such a big scene I couldn't say. Director Fu Yang is a very honest, has the tutelage, is indeed a very level people chairman Peng Zhen brings up. He is very strict, the kind of person that is definitely not the society, Kangda all background not wrong, say executives online identity, is the fact that the background is very powerful, executives. But you said he was on the court, is not a thing, not a relationship and I don't know, but the Tat in Li Zhuang this matter, I can be sure they are well behaved. Chongqing in turn to their account, contract, invoice copy to all. As long as the $ten thousand charge back, in the Chongqing had unlimited expansion. There is a this before catching Lee case Zhuang contest today so, many people I can't. Why do we say surveillance footage in court, we have the evidence. They definitely have a video, they give the relevant departments of Beijing code telegram said video evidence. In court and publicly lied and said no video, the Beijing authorities know. So the case they passive than passive a little, is a global passive. So I have told "inevitable innocent according to law, in accordance with the right must set off", so a reason. Kangda where no fees in the case, no private toll. Li Zhuang is a very disciplined in this case agent. The two day Li Zhuang case in catch him before , Kangda leadership accepted the relevant departments of the greeting, decide the Kangda quit the Chongqing Underworld Criminal Defense cases, will not accept, then also have to back out. Asked Li Zhuang not to accept the case, so Li Zhuang just electric words to Chongqing intermediate people's Court Court chief judges, said that I do not do, all letters to back, remove entrust. He was to the Beijing Hospital, operation Gong Gangmo wife there, advanced breast cancer, he went to the hospital to check termination of the agreement, back fee agreement, this time Chongqing plainclothes police took him to catch, not through the Beijing City Public Security Bureau, is the secret catch. In these cases, the insider, Kangda are completely clear, accept all aspects of greeting, strict according to legal procedures do . But still, have surrendered, you torture to extract confessions not torture to extract confessions, I also not to expose your short, I surrender, you get it, but they still catch. Caught later also get what, the airport pick Li Zhuangshi armed to the teeth, submachine gun, both sides lined up the treatment. Li Zhuang: you are a waste of judicial resources, I am such a person is not worth you doing, you too waste of state money. In this manner. In this case, error performance in court, there are a lot of evidence behind today, too many people, can not tell you.
The sixth question, why Gong Gangmo prosecution lawyers, this is all a big question mark. One may be sentenced four to death, to find the evidence does not allow him to report the death penalty law, whether this ridiculous? How could this happen? The Gong Gangmo case is going on here? Why Zhou Litai Chongqing barrister said Chongqing Gang to prevent the expansion of the?
Gong Gangmo is a private enterprise for more than 10 years of law-abiding business owners, a lot of companies below him, and one of them is with poly Entertainment Limited, a poly nightclub, gangs took his money, took two million money on him, said to you. Gong Gangmo said not to borrow money, my money. He said we must borrow. What do you mean, he paid high interest, in fact is to lend him money to get high returns, disguised to blackmail and impose exactions on. The Yao, Gong Gangmo's wife Cheng Qi opposition, said this person less, do not mean, I don't know, Gong Gangmo said no way, we have untouchables, hide it, to give him some money. Want to buy a Mercedes Benz 170 million, said to call him, Gong boss I want 700000, someone gave me 1000000, you have a look can I borrow 700000, his wife resolutely opposed. Gong Gangmo said the untouchables hide up to him, to give him 700000. After two done, and borrow from Gong Gangmo, Gong Gangmo money to usury, some money is not coming back, fan Qihang go back, back to 2000000, said Fan Qihang eldest brother, the latest on a bit tight, the money that I use it, Gong Cimo said do you use with it, the money turned out. After such a few things to do, Fan Qihang know Gong is the eldest brother, all occasions that Gong is the boss this is our boss, the boss after he called, pipe people are polite. Another Gang to blackmail Gong Gangmo, take 300000, call came over noisy, also hit a son. Fan Qihang looked at the loyalty came up, my eldest brother are you such a bully, also did not pass Gong agree, also did not want a share of the money, he called the small fry do him. To shoot one. Fan bought 16 guns, 3 guns on Gong Gangmo. Brother, this gun very beautiful Bo Lang Ning, you play it, and a Double Barrel Shotgun put you in the play. The three guns in Gong Gangmo there for two or three months. He has no legal consciousness, three guns are not used, hunting is not, put in his office. Fan Qihang later said the two gun in there you uneasy full, I find a place, so the back, just such a process. Later killed gun has nothing to do with the three gun, if relevant evidence and locked up. Selling guns plot so the possession of firearms, ammunition Gong Gangmo is. But the sale of guns don't established. Such a situation, without his consent, killed a person, take the money away, right, spend how many money, Fan Qihang is doing. Gong Gangmo indeed from A to Z not instigate, does not know, so a plot.
Let's have a look, strange to what extent? Chongqing public security identification, Fan Qihang is second, Gong Gangmo is the first number, you are the pillar of black society, you are black social base, many companies you is on black social protection, rely on this developed, so you are organizing, leading underworld society crime criminal. This crime is set up. He ordered the hit, according to your purpose to kill a man, you don't admit, eight days and eight nights hanging , must he admitted was instigated, he must admit is the eldest brother. I saw Li Zhuang lawyers to defend Gong Gangmo's entire files, all small, cuff for don't know Gong Gangmo, that only Fan Qihang, fan Qihang is our eldest brother, Fan Qihang told us to do what we can do what. He asked us to buy a gun he bought the gun, kill kill who who. No speaking of Gong Gangmo. In this case, Fan Qihang is loyal, he said the matter with Gong just die not, never reported, is my own doing, come what may. Including the Gong Gangmo case hearing, January 5th, many reporters to listen, said Fan Qihang, Gong Gangmo is not known, is my own. So Gong Gangmo led the underworld crime is spread not, murder spread not, vendor stalls not on gun crime, drug trafficking crime doesn't know, the first three is not know. Only the loan sharking, Fan Qihang knocked fraud blackmail. Some are offering bribes, he gave people money, give the money, because so many place it. Bribery crime in some, some is the possession of guns and ammunition, the two crime is constituted, the other a few behead crimes are not the into. So in that case, why does Chongqing want him into the underworld? Hundreds of millions of assets, anti hits, assets can be seized, a significant results, the other factors self-evident. So the next step is risk, private entrepreneurs. By this method the black Chongqing, other provinces and cities if hit, many bosses can be sentenced to death, two thousand have. Some of the big boss, often white friends, like friends. Judiciary method have friends, there to help him look up, some association. Said bluntly, some security is such. Security guards killed also less? If you put the public company set for the black community, the boss is not black social total head orders? If this can be joint out of the organization, leadership, underworld society crime can be unlimited expansion, this subject, many private entrepreneurs should break.
In this case, why am I so strong it stop? Because, now suffering only lawyers, destroy this layer of legal protection of power, the next is the boss, the next is a lot of our private entrepreneurs. The left eye stick, is capitalist, the targets of the revolution. Sing revolutionary songs these openly said is to destroy the capitalists. Like our Zhejiang, private capital accounted for more than seventy percent of state tax, if in accordance with such a fight, private capital this is very terrible, the danger immediately. This is ideology directly influence behavioral examples. Now the private boss doesn't know we rushed in front is to make sacrifices for them, they had not realized this point. If you don't put the lawyer protection of living, the next step is very clear, Gong Gangmo out. The first line of protection of private entrepreneurs will lose the law. Li Zhuang was arrested after. The official appointed a legal aid lawyer for Gong Gangmo. Big joke. This law can really debate? Dare say he no leadership triad crime?
If the death penalty Gong structure, there are four can be sentenced to death. If the reported attorney may not be sentenced to death, but also a legal China oceanic phase, big joke. The future of all the worst of the death penalty, to report their defenders, can avoid the death penalty. You can apply for a patent, you are right. If four such serious crime report law belongs to the major meritorious service may not be sentenced to death, we can imagine, the future China criminal court, which lawyers dare played significant shehei case? All the accused can learn in order to protect life, I do. Now online there are people posting said, Is it right? Li Zhuang and Gong Gangmo to discuss good set, he found a two and a half years, his life to save, after his one hundred million. Oh, our users too imaginative. The netizen's imagination is infinite. So lawyers have to sacrifice, I take two years, with the one hundred million, I will do so, quite good.
Chongqing play later legal joke emerge in an endless stream, Chongqing is absolutely a big show, but the show is just the beginning, not the end, there are fun. So you know why Gong Gangmo is an attorney, he never day 10 5:15 points to start the instance. Li Zhuang third meetings with Gong's time, the police have to go to detention, not accompanied by not to see. Li Zhuang had had enough. The third time when the police said there was no , until four thirty meeting, Li Zhuang day delay off. Four thirty came in, go in there after make gestures stood next to me, said Gong trial when the people at the scene, the police out of Li Zhuang of course, he was people dare to speak the truth? Li Zhuang will Gong Gangmo to torture to extract confessions. Speak out, so Li Zhuang is not politely reprimand the police: you out, stop doing here! Police in Chongqing have what time this gas? How dare lawyer training police? Lawyers are "male lawyers bow and scrape, women lawyers in love" is, how dare I lawyer training police? He immediately to report above, it immediately to obtain video watching, do training of police. Then search the evidence set him, what reason? Prostitution was a good idea, but had no thought of this one, because there is no evidence. The lawyer so arrogant, ask Gong reading other people's account, to produce relevant evidence, isn't a crime I'm in court and a sentence is in place, said that the master criminal procedural law did not learn, teach out Gong Gangmo nonsense. Gong Gangmo himself a high school level, don't understand the law of criminal procedure law language, he know how to lawyer I read other defendant's confession, is collusion? This reading is not allowed? This must be the police to teach his. The police criminal procedural law did not learn, think told is illegal. This is a good teacher teach the idiot apprentice. I speak in court, his criminal procedural law did not learn, teach students the criminal procedural law is not good. Lawyers in the interview to the accused person to read the other defendants testimony did not read it, you Shanghai penalty Committee studied. I'm from the court to obtain evidence is evidence fixing investigation ended, I read to my client to listen, to check the facts, tissue defense my ideas, organizing my defence, I can not read ah? The police thought cannot read, read is illegal. How does this cause, the police have been doing, not allowed to ask the case not to read notes, he put his own mistake, slowly understood as national law, he misunderstood. He did not go to carefully study the criminal procedure law. As a result, angered, it monitored his phone, forensic evidence of public security certificates, network monitoring, technical investigation is to mobilize the investigation Li Zhuang. So if Li Zhuang really has prostitution whoring, was arrested, because all his movements are monitored. What do you listen to my lawyer? We handle legitimate case. Then they know our two lawyer, eavesdropping evidence withdrew, dare not come up to the . No surveillance video. This annoyed, he was the mobilization of Gong Gangmo, to promise him, your report will happen after, like, this foolish indeed to report a lawyer. You are the four capital charges, not to help you justify it, how can you rely on prosecution lawyers not sin? This person is very soft, soft stretch eight no way. You go and see the blink of an eye, Gong said, gather together in my ear said, said eye blink of my CCTV, nonsense! In fact, Li Zhuang met him, in order to facilitate the monitoring and recording, deliberately Gong Gangmo orange pull two meters away, assuring Li Zhuang shout differently, he is capable of recording down, don't speech may lie in his ear. We are shaking the evidence in court, witness statement, CCTV video we are when the evidence is used. Each other in a disastrous state, Its loopholes appeared one after another. The Gong Gangmo report their law division, entice him falsely, call Wu Jiayou to bribe the police, are nonsense. He is not active impeach, completely is a bureau.
Below I introduce the fact. There is no lure a confession? I'm just a fact evidence, case No. ten of the Public Security Bureau, my plea for everyone to see, is full of words: Li Zhuangwen: why do you say you are the elder brother? as you record all look down. You don't know. Gong said I can not, I was suspended for eight days and eight nights, ten, another police do record, Gong: he asked me not, I said to play the. He asked me not hanging there, I said to hang a few days. All Li Zhuang's question, Gong Gangmo was a statement, not the Li Zhuang hypothesis premise of the rhetorical question to ask him: you are playing, Is it right? Like this? This is the inducement. He is asking you got no , hanging or not, this is a no premise question sentence. The lawyer asks to have skills in the guard, do not write up the premise of record, write up is the inducement. I asked the prosecution in court read the pen recorded, why don't you read? You read the No. sixteen, No. ten evidence why not read? Very clear is the first Gong Gangmo told Li Zhuang he was torture to extract confessions, how can you say that lawyers story taught him torture to extract confessions? This real is clear enough? The evidence is to be crystal clear, I'm not online, because the country do not know the police too much, if I left the court evidence on the Internet and he would say that I leaked, but public hearing evidence is open, I will put up, do not know the police took me to also. I can't stick up, put it up, I want to protect myself, at least I'm not a handle. I'm so close to capture me, all country lawyer will protect me, as Li Zhuang said, the one hundred and sixty thousand lawyers will appeal. Li Zhuang did not induce him to confession, all the facts in the case of Gong Gangmo hospital in the city of Chongqing in the file has some, not Li Zhuang to intervene after the kind of confession.
Second there is no make up torture to extract confessions. No make up, torture to extract confessions is a fact, his wrists handcuffed handcuffs above, normal is not such injuries. If the handcuffs words, six months later and pigmentation, and scars, the bones are set out. And handcuffs, two hands handcuffed together, two hands will have such a scar, so can't be normal handcuffs. I've been with the public security organs, I pigmentation on forensic first step studied,, old scars. This Gong Gangmo is very clever, inspection readme said recently that never felt a wound. This gives you a lot of imagination space, these are old scars, forensic identification for so long and old scars, very clear, this is torture to extract confessions caused, and the scar is not regular circle lines, it is oblique, oblique is a hand hanging in there. Eight days and eight nights hanging, reporter wrong, said to be standing on the computer, not the computer is computer desk, feet stand up his hand does not hurt, the foot off the pain, just be just perfect. Eight days and eight nights, the urine in the pants, the police told the size of his hold in both hands to go to the lavatory, wash the pants. Then the light feet, a deputy captain Interpol brigade came to say how do you do, put your clothes back. Put him down, clothes back, then hang up. There is no way to clean up the scars he sent for treatment, two policemen and students, one male, one female, help him to treat, lawyer Wu Jiayou know the male doctors, so Li Zhuang said if there are witnesses this, Gong Gangmo confession can all be overthrown, but couldn't find. Wu Jiayou received one home 750000 yuan, said the people I know, but he refused to testify, testify the rice bowl is not. The doctor also inside did not participate in the fight, he had a conscience, he told me that the scene is seen, but the police station he would was fired. In the Chongqing case, which one out, so Li Zhuang has spoken: such witnesses, take one million value. This has become a witness. Is bribed witness really certificate, also does not constitute a crime of perjury, and Li Zhuang did not buy, not to Wu Jiayou penny, nor Wu Jiayou bought, is called him to testify, if he is fired, the wage is called Gong Gangmo to him, for he is millions of value, are these words our lawyers will say. It turned out he called Wu Jiayou to bribe the police, now is a shell of the Chongqing police, all Chongqing Hualong net was reported, is such an image. For the said torture is made up, control the media and to what extent? Our reporter heard the court No. five Gong Gangmo case, the court Fan Qihang said in the iron three Ping militia base was playing with the plot, and Gong Gangmo spoke as like as two peas, completely got circumstantial evidence, including co twenty several defendants confession, the court also said. You said so many defendants, are held, he made up a story consistent? You say torture to extract confessions or fake?
Third, there is no effect of the facts. I told you about, the one hundred and eighty witnesses, Li Zhuang a no contact, prevent to testify the crime may not set up. Reversely, defense witnesses have not have? Defense witnesses a record has not done. Contact is a Gong Gangmo, is a prosecution witness, Li Zhuang objects to help, "the prosecutor". Who is the contact person, Gong Gangmo's wife Cheng Qi, Gong Gangmo brother Gong Ganghua, and a cousin of Gong Yunfei. A lawyer to handle a case in Chongqing, family house he eat, accommodation, case analysis, how to do the case, explain it, always tell how people do it, accept others 150 million. The contact analysis, as Lee seducing witness, witness to their families become. These families are not witness. Because Li Zhuang did not put these people referred to the Chongqing intermediate court, the court did not notice court, tribunal had not opened. Their "witness" identity is not established. Li Zhuang did not find them a statement. In the legal sense, according to Article 306 of the criminal law, "witness" concepts are not formed, they are not permit people. It affects what the witness? Another point, I put the "witness" influence, brought to court, I don't make the record, let you judge, lawyer's Procuratorate, three party to ask all the time, I taught him how to testify, influence he, all legitimate.
Criminal courts in the USA, lawyers leading the witness is a class of special, is teaching him how to testify. Grasp the main points, how not to be lawyers asked, avoid any problems, what problems from which angle answer, all lawyers taught. Why, I've got a public trial court, judge is present, the procuratorate supervision, supervision of the three party, I guide here is my ability, you can't ask your procuratorate no level, you court did not find the truth is you judge not, I did not take notes, pure the witnesses to the court, how to teach is legitimate. For now the Jiangbei court, is the impact of the possible to the court witnesses, it is crime, which is the basic theory of the criminal procedure law of misunderstanding, we judge that the case, what is called to testify in court is not know. If a lawyer can't meet and witness, witness testimony and not how, I want you to show what it phase, how do I find a witness. The witness who go ah, family members can not find, to influence the witness; I cannot go to the lawyer, also will affect the witness, he is to give false testimony, to catch up. So I find this license applicants who people ah, request the people 's Procuratorate to go ah? Apply to the court to find ah, the judge will not go. For the procuratorate to, you've arrested him, he must be in accordance with your's point of view. Therefore, it is cancelled China the defence witnesses system degree. Very clear. The logic is said Chongqing's public security organs three unanimous view is the witness, your own contact with witnesses to the court's leading the witness. So you are not safe lawyers, not a lawyer is safe. Why in Chongqing again and again I say, I was Chinese counsel, as Chinese criminal litigation system in defense, as Chinese legal system? This pushed us to not return line. According to according to this theory, we Chinese criminal defense lawyers had no room for survival. What is the result, without a lawyer Chinese criminal court, as long as the acting lawyer, result in miscarriages of justice occurred a lot, petitioning the army will continue to increase, because the court could not find just what, everyone is looking for the sky to. All the door Yongding tens of thousands of people queuing. I have been to Yongding door petition read, there simply isn't a person's place. Wen Jiabao's home address tribunal fifty one, his home telephone one hundred one, in that there are selling. So the prime minister to the people's Congress report has its heads. According to us this way, the court fails, you can clean out. I am ten three hundred million people are looking for you honest, you solve? So now to the reception, a leading out, a leading out, this is a show, or to the court have the final say. Can the problems be solved fundamentally. Do not rely on the system, not by a legal system, you Chinese court decision is always invalid, is always ready to overthrow, you pick up the reception? If not use. Chinese did not form a system of witness. To help forge evidence you have to there is an object, Article 306 of the criminal law is clear, for the defendant's influence is the destruction of tangible evidence, not the invisible words. We study the first paragraph of Article 306, is tangible evidence. Influence of three kinds of people, a is the defendant himself, is a lawyer himself, there is a effect of witness, witness is the influence to constitute a crime, the defendant must be visible evidence of impact, a carrier, can constitute a crime. Does not include words. At least 306 first is very clear.
Not a scrap of paper in the case of perjury. Li Zhuang said, even if you take out a piece of cigarette butts big paper sentenced to my ten thousand year I have to admit, but no. The sixteen hour trial down without a scrap of paper, not a evidence, perjury such Chongqing dare to come out. There is no evidence to the police, Wu Jiayou is a personal testimony, Wu Jiayou took a so much money, you see, said he took family in 750000, also in the Li Zhuang black. Said Wu Jiayou lawyer admitted, is (Li Zhuang) in buying, lure the police. Wu Jiayou they have a problem, can only surrender, surrender later whether in exchange for his freedom is also very difficult to said, the Chongqing police would not let him to say. Be a witness to his advantage.
The last question there is no fiction poly company. No fictitious equity, which I didn't show you speak, read the website will understand. Check the business archives, Gong Gangmo does not have a stake in the casino, the actual controller is he, investment is his, but he is no equity in industrial and commercial registration, transfer of shares without his signature. Forty percent of the equity to the record, the police are not of company law, or understand the intent to stir the water, do not accord with the facts record. It looked from the record inside know is false, because the business archives take out and see, Gong Gangmo is not a shareholder, this is not Li Zhuang up, this is an objective fact. Now we have a look Hualong online on equity this problem won't speak. I said in court, to Learning Co law, please prosecutors don't learn the criminal procedural law, you have to look at the economic law. You are taking business registration, or to your records shall prevail? The problem of Chongqing did not dare to say, so we teach them in court.
On eighth problems of evidence. The first case is normal or not, that I do not start. Very well, at five ten in the morning is not possible in the other cases there, and his four or five police testimony, saying that we're civilized , trial only six or seven hours a day, all day. I said you police in open lie, Gong Gangmo to report the first record is five ten in the morning, you are their own record, which is true, which are false ? Placed before the normal, but also for the Gong Gangmo case police in handling the Li Zhuang case, did not avoid, is completely a good bureau.
Whether the witness held, be crystal clear, all the people know that. Seven or eight witnesses, a breast cancer surgery, did not appear we understand. The other seven all in, cause it, Li Zhuang is the same heard the case, but the body is not a defender, there was no reason to catch. Before the crime, had caught, black society also had caught. So the public prosecutor said another. I said the other which case, you say, is what charges? All is because of eating together, chatting with Li Zhuang, said these words, they also do the same charges are caught together, especially Li Zhuang's assistant, Ma Xiaojun 'lawyer, Wu Jiayou is certainly the case, why don't case prosecution together? In addition to prosecute also, should add a parenthesis dealt with in Li Zhuang "complaint", also does not have the parentheses, you sue writing is not good enough. If I didn't say you bracket, can say their case I'm gonna sue. Therefore, grasping the witness is completely off the witness behavior, without any other excuse.
Then the seven witness is not charged and does not let go, all closed forensics inside. Evidence is legal, avoid the problem, problem areas, the problem of time, we can analysis the testimony, Is it right? Objective, Is it right? Real, which is very clear.
And the testimony Is it right? Association, nearly ninety copies ninety-nine copies of evidence is no relevance, including Wen Qiang case, Li Qiang cases are here. Li Zhuang not to give Li strong defense how to get here? There is no evidence has form a chain of evidence, the evidence is there, that the witness is not willing to appear in court, witnesses have the freedom of choice? People in there, there is no freedom of choice? There is also a very ridiculous, they read the testimony is not for us to see. He said that as long as read enough. Li Zhuang said: I read the Supreme Court ruled that now, Li Zhuang innocence, immediately release in court, I don't give you see. Your letter not letter? Li Zhuang is also very good, which he responded quickly, using reduction to absurdity refers to out, don't give me a lawyer and see the evidence is wrong. Then, the relation of time, it's three o'clock, there is no way to start talking today.
Applicable law I will say a few points. According to the first paragraph of Article 306 of criminal law, the defendant confession of change, can not determine the constitution of crime, only affect the testimony of a witness, may constitute a. Well, now in a review of Gong Gangmo's testimony has not changed, this review is wrong? Because he is accused, not a witness. Tangible evidence is testimonial evidence, Gong Gangmo must be tangible evidence, there is the physical evidence of the destruction sin. We can go back and study.
Another is the legal help or lure collusion. My lawyer told him right, tell him law, told him to torture to extract confessions, hand HISTEP a bit, let the judges see, this is a legal help right or entice him collusion? The testimony of witness read to him whether collusion? You can go to study. There is a very important, this behavior is intent to commit the crime, is like, want to do, or achievements made, behavior is the achievement made? Not a crime, the criminal . This case has three stages, the intention behavior, behavior and achievements, and then results in the appearance of. Is record well, has not handed over to the tribunal, behavior is no achievement. Behavior of two stages. Li Zhuang only to the first stage, namely the behavior intention. Not to the result crime. Now Chongqing Jiangbei court sentenced to crime. Then you look at the 306 paragraph second, obviously is committed, he shall present, provide, have the behavior is to constitute a crime. Show, if not deliberately, provided does not constitute a crime. Deliberately constitute crime, this is a result of the concept of crime. Do offer to constitute a crime, then Li Zhuang's case the court did not open a court session, Li Zhuang also did not provide the testimony of witnesses, the record has not submitted, the witness did not in court, he committed a crime which come. In this case, in accordance with Article 306 the real meaning does not constitute a crime.
There is also a crime of instigation, China have "abetting the crime"? No. I told him the legal rights are instigated ah, if you tell him the legal right is a kind of crime, criminal law can't do.
The tenth point is the power of investigation and the right of defense. I can only speak a topic. Lawyers how to achieve? The trial stage police can come in? The final debate I spoke, wind and rain can not enter into, the police. Lawyer brought is a prerequisite, not to say that the lawyer criminal police can't catch, lawyers can be caught breaking the law, but the defense field in the trial stage, you are not to be accompanied by a police officer, you have no right to supervise me. The place is off people, not the investigation organ, the people have no right to monitor, have no right to monitor my lawyer, has no right to my lawyer criminal investigation. Foreign detention center is placed in the justice department under the pipe, not the police system, police system is managed and has, you how is the investigation organ? The lawyer's right of investigation, the police presence right, right, lawyers are not interference problems, investigation and evidence collection rights lawyers for witnesses to appear in court, right, right for identification problem, in this case appeared. For identification, I have a transfer to problem identification. This wound, netizens said the lawyer did not apply for no reason, we can apply, ten at night to us, the two day the court. We want to apply for second days can not open the tribunal, like the scar formation, can call forensic to explain. I do not ask Chongqing, I asked the Beijing forensic experts to explain ah, how form? In set and a power of interpretation, appraisers may appear.
There are right for challenge. So many rights, in this trial all reflected, so in this case, to modify the criminal procedure law of the future is definitely a sample case.
There is also a joint case handling problems. First, it China court position, unable to bear the real criminal trial. Second, we help Chinese court today, is to help China lawyer. Because the judge did not judgment right, your lawyer's job was to convince the judge of all, that your lawyer again have what use? We must improve the court's position, so that he can truly independent trial. I in the Central Party school published nearly thirty articles chapter for three consecutive years, we went to have a look, "strong government needs a strong court". I'm calling for an increase in the court's position in all.
Not a detached, independent courts, a lawyer is not useful. Because he could not seriously listen to your lawyer, you argue for three days and nights, procuratorate of a telephone, the public security bureau held a meeting, the committee meeting, all you lawyers are invalid. No court position is good, our criminal defense attorney is overhead, no use.
Another point we should know, I have been called, torture to extract confessions source in the court is not in the public security. We as a lawyer must see this depth, torture to extract confessions testimony in court, we China by a large number of mining letter, witness testimony admissibility not to appear a lot, condoned torture to extract confessions, they just to get to the verbal evidence is enough. Such a result, witness testimony cannot see the face, can not give me, the court believed. How to ? The judge whether. This led to the investigation organ is dependent on the oral confession, causing them to trying to extort confession, lead to torture to extract confessions deluge. China Criminal Court level, if not strictly take illegal evidence exclusion system, China of torture to extract confessions are impossible to eliminate. The real root of torture torture in court, must put this make we can understand. So I say, blocking the Li Zhuang case is to keep the law, but also keep our lawyer right bottom line, there is no way to this problem further expansion in terms of the.
The third problem, judicial justice and the media fair problem. Zhang Peihong says you website like a small news agency, you do well in the medium scale. In fact, the network is a double-edged blade. Become the focus of people themselves to be careful. There are my exposure say I is the Zhejiang high court spokesman, the human flesh search out, terrible. So in fact, our lawyers must rely on media publicity, the press is our natural allies, no media objective, adhere to axiom reports, our lawyers fight a lone battle, what time we caught destroyed all don't know. The court must now be in the spotlight, we appeal to the truth, the truth, and the truth. I have to Qing an interview, some reporters, we see you also very touched, can from what help you? I said don't need help, you need to report truthfully enough, I as long as the truth and justice. Truth and justice is our method countries need something light, for a Li Zhuang, a case is not what meaning, this case is not what the problems of one or two people. I think we're lawyers, scholars and the media and to deal with, there are indeed many technical opportunely. If a lawyer from the media, you can't be a lawyer, lawyer. But you want to manipulate the media, media influence, or that it was reported to you, you will sooner or later be exposed, this is not reasonable, well opposite. Through this event, I fully feel Chinese media law and grasp the degree of news. We China law there is hope. This is not what we made several big lawyer, a few outstanding law division, good judges have. We need to effectively improve the consciousness of rule of law and the level of.
Beijing has a senior reporter, very concerned about this case. She phoned me, she said that my husband is the Supreme Court Court, he said you say hello to Chen Youxi's lawyer, in this case, I carefully studied his plea and decision book, if I was the presiding judge, the court released. You don't think we China did not understand the judge, a lot of people who understand us justice now. A lot of people say the second trial there was no hope, the future will be like, I said see tomorrow, maybe not Chongqing, maybe not in 2010, but this problem can solve. Is Li Zhuang vindicated this life can not, the people throughout the country will understand. Sacrifice one person, attention also worth, Li Zhuang did make the sacrifice, also it doesn't matter.
Of course, also told a news morality and academic conscience. Chongqing has been the lack of individual media news media conscience, including the administration of several professors, listening to some of their words, some developers have not put him as the professor looked.
There are three questions I only speak a question. Li Zhuang case sequelae.
We are true or false debate debate? All of our lawyers to learn what lessons? Back to back to back never, we are pathetic. We still follow, but thousands on thousands of Li Zhuang stood up, hope in such a case, you can make such a sound. If Chinese one hundred and sixty thousand lawyers in sixteen thousand men out to do that, we China criminal court that this isn't the case. Our lawyer too be worldly-wise and play safe, so as to make money fight. We actually if you also are like this, it is not our group can exist, but China future legal construction can be big problems, everyone should have a legal and moral basic good heart.
So we are out or hold, I hope to.
He is still fighting? We in the court is to carry on a fight, not confrontation is not criminal lawyer.
An onlooker or fighter? The number of lawyers is aroused, many lawyers say this if you have an accident, don't appeal to you we will stand out. I said thank you, I will not come to this. I'm safe now, because I am in the spotlight. There are so many people care about every act and every move. But then later, I may be dangerous, but I don't care, it doesn't matter. Man must have some spirit.
Our lawyers are moral in the first place, or money in the first place? In this case, the society why evaluation of our lawyers, Kangda why such criticism, and such high fees are related.
All results reflect later not to, but we hope that lawyers more self-discipline, more responsible to do a conscientious Chinese lawyers successfully. Thank you!
[] Thank Chen Youxi lawyer Zhai made such a wonderful speech for us, let us through his speech about the Li Zhuang case many cases. So let us once again the applause for Chinese lawyer system development, as Chinese system law division defense lawyer Chen Youxi. My statement today, this will do, we all want to say more, but can not do this. I repeat: This is a business activities of the criminal law of Shanghai Bar Association will, if have what problem I am responsible, has nothing to do with the Bureau of justice, and the association of independent. We all hear, see we are in the case of the very objective, rational. In fact, on the Li Zhuang case, not only pay attention to him person, did not say must pay attention to this case verdict, but pay attention to our criminal defense lawyer after the business how to do? In relation to the crime and non crime in criminal defense, is deep the bottom line. I repeat, we sat in the ground comrades should not move, too many of the scenes, stood comrades first exit, do not. (end)
Record: Shanghai city law firm
Brillant lawyer