On February 2, 2010, the second trial of the case of Beijing lawyer Li Zhuang, who is suspected of falsification of evidence and obstruction of testimony, was held at the Chongqing First Intermediate People's Court. The picture shows Li Zhuang (in green) at the trial. CNA Photo by Chongqing First Intermediate Court
Chongqing, March 29 (Reporter Guo Hong Du Yuan) Chongqing municipal government spokesman Zhou Bo said on the evening of March 29, Beijing lawyer Li Zhuang omitted crimes by the public security organs after the end of the investigation has been transferred to the People's Procuratorate of Jiangbei District in Chongqing. Li Zhuang, whose sentence is about to expire, may face prosecution by Chongqing prosecutors again.
Beijing lawyer Li Zhuang was detained by Chongqing police in December 2009, and the lawyer, who used to defend suspected gangsters in Chongqing, has become the focus of attention from all walks of life. Li Zhuang's perjury case is a spin-off of Chongqing's "Great Trial", which has attracted a lot of attention.
December 30, 2009, Chongqing Jiangbei District Court held a public trial of Li Zhuang perjury case. The court, as the defendant Li Zhuang frequently to the judge and the prosecutor put forward such as the Chongqing Procuratorate and the court system should be collectively evasive, should be forced to Gong Gangmao and other witnesses to appear in court and other requirements. In the trial lasted more than 10 hours, the prosecution and defense tit for tat, Gong Gangmao in the end there is no torture to force confessions, is one of the core issues of the court debate.
Since then, the Chongqing Jiangbei Court in January 8, 2010 on the case of Li Zhuang made a first-instance verdict to the defense of forged evidence, obstruction of testimony, sentenced Li Zhuang 2 years and 6 months in prison. After the first trial verdict, Li Zhuang appealed to the Chongqing First Intermediate People's Court.
The Chongqing First Intermediate People's Court then held a public hearing on Li Zhuang's case on Feb. 2. Seven days later, the Chongqing First Intermediate People's Court made a public announcement of the second trial in the case of attorney Li Zhuang's perjury: it upheld the conviction portion of the first trial's verdict, reversed the sentencing portion of the first trial's verdict of two-and-a-half-years' imprisonment, and sentenced Li Zhuang to a one-year and six-month term of imprisonment for the crime of forgery of evidence by a defender and obstruction of testimony.
Chongqing officials said today that after the verdict in the case of Li Zhuang, the Chongqing judicial authorities received a number of reports requesting that Li Zhuang be held accountable for illegal and criminal behavior in the agency's criminal cases. Currently, the Chongqing Jiangbei District People's Procuratorate has accepted the case in accordance with the law.
Zhou Bo said the authorities concerned would thereafter keep the media concerned about the case informed.
The trial of Li Zhuang's omission case began today, and the Li Zhuang case has once again attracted widespread attention. Much has been said about Li Zhuang, and today I am taking the opportunity of the Li Zhuang omission case to popularize and popularize the knowledge related to the omission.
Omission of a crime means that after the people's court has pronounced its judgment on a criminal, it finds that the convicted criminal has other crimes for which he has not been sentenced.
The discovery that a sentenced criminal has other omitted offenses for which he has not been sentenced, that is, the criminal commits several offenses in one person, and the punishment for the criminal who commits several offenses in one person shall be carried out in combination with the several offenses.
The punishment of a criminal who has omitted a crime shall be determined in accordance with the provisions of the penalty, that is to say, first of all, the judgment on the omitted crime, to determine the execution of the sentence for the omitted crime, and then combined with the execution of the judgment of the previous crime to calculate the total sum of the sentence, to determine the execution of the sentence for the several crimes, and finally subtracted from the sentence that has already been executed for the previous crime, and the rest is the sentence that the criminal should still be executed.
If the criminal was sentenced to nine years of imprisonment for robbery, three years after the execution of the sentence, and then found to have intentional injury was five years of imprisonment, the total combined sentence for the two crimes is fourteen years, decided to execute twelve years, in the latter crime before the verdict of the criminals before the crime has been served three years in the decision of the twelve years of the execution of the term minus three years, the criminal will also be executed the final sentence of nine years.
The principle of "merging first and reducing later" is implemented in the case of a missed offense. This ensures that the maximum term of imprisonment for the combined offense does not exceed twenty years.
The Criminal Law stipulates that if, after the verdict has been pronounced and before the sentence has been carried out, it is found that the convicted criminal has not been convicted of any other crime that he or she has omitted to be convicted of before the verdict is pronounced, a verdict shall be rendered on the newly discovered crime, and the penalties imposed by the previous and subsequent verdicts shall be determined in accordance with the provisions of article 69 of the present Law, which stipulates that the term of imprisonment shall be determined in accordance with the provisions of the present Law. The sentence that has already been executed shall be counted towards the sentence decided by the judgment.
If the offender has omitted a crime while serving his sentence that has not been grasped by the judicial authorities, and he voluntarily confesses his omission, he shall be treated in accordance with his surrender.