We take America false Lei Feng no way?

News background:

LongJiang's report:Http://www.changjiangtimes.com/show.aspx? Id=53097

Pick up litter in the USA Chinese "living Lei Feng" Luke is suspected as Interpol wanted

American KENNETH LEE ROT HEY (Kenneth Lee Rocky) has a Chinese name, called luke. After he settled in Hubei Huangshi, often picking up trash, still in Huangshi and Wuhan launched environmental action, called the garbage. His story was the domestic media widely reported, moved many people. However, when the CCTV "society" in July 31st to record his deeds were reported, the netizen says he is on Interpol's most wanted, also called KENNETH LEE ROTHEY, the data are very consistent, "appearance is exactly like". Netizens questioned by moving into.

 　　Reporters yesterday from the provincial public security department to know, China as the United Nations Member States, have the obligation to assist the Interpol wanted to international survey. Therefore, the provincial public security department has always attached great importance to, and actively involved in the matter.

The Provincial Public Security Bureau relevant personage says, in the United States, the law is different, USA wanted not necessarily cause personal threats to China citizens. But, in the US, has not yet signed the Treaty on mutual assistance in criminal matters, if American wanted in Chinese Chinese did not violate the legitimate rights and interests of citizens, China and no obligation to extradite American wanted.

Wu Liangtao lawyers visions:

A, Luke Is it right? Wanted terrorists.

Speak with evidence, has always been the practice legal professionals, although the identity results in Hubei Province Public Security Bureau has not come out, but from the relevant data, "Yang Lei Feng" Luke is likely wanted should be very large.

1Chutian Metropolis Daily in August 11th published a front page photo two contrast (strangely newspaper Web site on the front page and the thirteenth version of the cut, but fortunately I have a scanner)

　　Below is the original newspaper scanning

The road begging in Wuhan photos

The Interpol website pictures

This paper points out, a photo Interpol website, it is used in the Chinese photos.

In this website, Luke is accused of forgery, money laundering, organized crime and transnational crime, smuggling, illegal trade and illegal immigration and other 6 charges.

2The media on begging for couple of interviews can see, Luke did not explicitly denied, and the couple repeatedly stressed is Luke was not charged in USA, to China no crime.

　　In 2006, in the East Lake community, Meng Shunbo publicly responded to the question: "in 2005 12 month we immigration from Hongkong to. The last year for retirement, America government was very concerned about my husband, we are in the enjoyment of the daily and monthly retirement America social security benefits. In 2004 he retired in August after he left American until the entry China, no Chinese or Americans against him. Texas and Utah lawyers' Union is Mr. Luke before retiring to the higher authorities, they not only can prove this, and have the right to speak."

According to "Nanfang Dushi Bao" reported: in June 29, 2007, two Houston was sentenced to prison for smuggling. The decision of the judge Keith Ellis Houston made. The defendant organization planning Chinese smuggled into America, had $490000 in profit. An accomplice in a total of 4 people, in addition to the two jailed and fined hundreds of thousands of dollars, because of a minor is sentenced to probation, and one is not.

"The heads of 4 people -- 66 year old Houston immigration lawyer Kenneth Lee Roche -- fugitive, believes he is living in Chinese." The reports said. USA judicial authorities are trying to extradite him back.

Once arrested, lodge will likely a lifetime spent in prison -- he may be sentenced to 5 years in prison and a $250000 fine for immigration fraud, because every illegal immigrant was sentenced to 10 years in prison examination and a fine of $250000, was sentenced to 15 years in prison and a $250000 fine for each visa fraud, because every money laundering transactions were sentenced to 20 years in prison and a fine of $500000.

However, in the judicial judgment, he is still protected by the presumption of innocence.

Therefore, Luke is not wrong, and now he is not after the trial, according to America law he is under the presumption of innocence, so he can also receive a pension. Because the road for no return, so he said he didn't have to Chinese before the accused is normal, because he ran away! Because of American legal process is complicated, and the case for his accomplice trial, also in June this year to make.

3We derive simple logic judgment

　　Syllogism:The premise is Interpol website is real, not a road for mood malcontents imitation; condition is Luke in China information is true, the website information is true; the conclusion is Luke is wanted terrorists.

　　What is the reason for doubt?

Domestic media pass wanted equal to criminals, and Luke based on USA legal understanding a American lawyer, without trial, he is innocent (though is that the criminal law of our country, however, the public does not have such consciousness). Also because Luke understanding of China culture, he strongly denied that he is the criminal, but he did not dare to face him Is it right? Interpol website through wanted this question.

In fact, there is a very simple method, that is the road begging now dare to America, if not, then what to say to no avail.

But, finally, we have to admit, Luke now not criminals, just wanted suspects!

Two, Luke violated China legal?

Luke says, he did not in the Chinese crime, in 2004 he retired in August after he left American until the entry China, no Chinese or Americans against him.

Why didn't anyone tell him, in fact, can be understood, because he was cheating for many people want from Chinese smuggled into America stealing customers, these people is illegal, dare to tell him?

But, is not nobody told him, such as Luke said, probably from the beginning of 2005, Guangzhou has a personal attack he kept. He found through monitoring the own blog, there are two people, one is from Shanghai. This shows that no one told him, just tell the people dare not reveal his identity.

If the International Criminal Police website the allegations are true, the main crime Luke should be organized Chinese smuggled into America, Luke is the principal, he was also convicted of forgery, money laundering, illegal trade and illegal immigration and other 6 charges.

Because, Luke organization planning is Chinese smuggling, therefore, his behavior constituted the provisions of China's "criminal law" article three hundred and eighteen and three hundred and nineteen of the others to crime of crossing the border stealthily, with entry and exit certificate altered crime, because the two charges against the border management system in our country, therefore, even without the victim to sue, Chinese judicial authority can investigate its legal liability.

Although, Luke is American, it is also a crime in USA implementation, but according to China's "criminal law" the eighth stipulation: "foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, can Application of this method, but according to the criminal law without exception penalty." It is stipulated in our criminal law protection of jurisdiction.

In fact, in Wuhan, in 2002 April 26 Chinese American Catherine Wong with Wuhan man Huang Mingxian "together", the use of various illegal means, will have 15 Chinese citizen "sent" to American, two people suspected of organizing people to secretly cross the national boundary (border) environmental crimes by the Wuhan City procuratorate prosecution.

Therefore, not Luke is not Chinese, not in Chinese crime, China law take him no way!

Three, the judicial organs shall be investigated for legal responsibility to Chinese road begging?

As mentioned before, Luke is in breach of China law, but if you want to be held accountable, Chinese judicial organs to the criminal behavior verified, and the relevant evidence China government is difficult to verify that their needs, American governments, in America has held the legal responsibility for the road Chinese, government handed over to the American processing, is a good choice.

Although, the Hubei Provincial Public Security Department said, in between the United States, has not yet signed the criminal judicial assistance treaty, if America wanted in Chinese Chinese did not violate the legitimate rights and interests of citizens, China and no obligation to extradite American wanted. However, in the sure Luke violations of the China countries and the legitimate rights and interests of citizens, Chinese government should have the obligation to extradite. After all, against the very people, is the common responsibility of both China and the United states.

See American hot drama "prison break", I appreciate USA prison claimed rights protection and humane, but personally I think, Luke may find in the China, his life more comfortable, he may be more to Chinese prison. China government should try their best to meet his expectation. Anyhow, he became so long "Lei Feng in the Chinese".