Wang Yongming was taken away within a year, the family received more than ten times notice of illness, the family questioned the police retaliation: had publicly threatened "to make him a whole family".
Baotou police responded to the suspect was "delayed treatment to critical": the main culprit of a major case can not be out of range, can not be transferred to the field.
Wang Yongming's family published on the Internet the task force police Wang Gang extortion Wang Yongming and his family recordings.
Wang Yongming's daughter said: her father was classified as gang-related because of the Baotou police Wang Gang "unsuccessful bribery" retaliation.
The criminal defense of the case asked the Baotou Propaganda Department:
1. Should Wang's right to life be guaranteed even if he is guilty of the most heinous crimes?
2. Why do even local lawyers think that there is no blackmail and the charges are basically untenable?
3. You said the autonomous region to finalize the case, the case has not been tried, how to finalize the case?
4. Baotou put people to death, who will take responsibility?
Wang Yongming defense lawyers said: before trial is a fundamental procedural error.
Legal self-media around the world have also spoken out, satirizing the Baotou case: the police of the Anti-Black Office have turned the target of extortion into a black boss.
July 11, the eighth day of the Baotou triad-related case trial, the defense attack Xiangdong, Wang Zhenjiang and other lawyers asked the court to play one of the public prosecutors, one of the prosecutor's company people, Li Moyao, one of the prosecutors, the defendant's family members asked for a bribe of 300,000 recording, the presiding judge has just agreed to be the presiding judge to dissuade.
July 13 afternoon, Baotou City, Inner Mongolia Autonomous Region Rare Earth Hi-Tech Zone discipline inspection and supervision of a staff member of the working committee told the surging news, has been involved in the investigation of the incident.
July 13 night, Baotou Municipal Public Security Bureau Donghe District Public Security Bureau ran to the hotel in Hohhot in the middle of the night, in the case of defense lawyers unprepared, wearing only a pair of underpants, the recovery of lawyers' agency fees, the demand that the lawyer's fee can not be refunded to the client, to be remitted to the account of the Public Security Bureau seized, because the agency fee may be for stolen money.
01
Opinions
Wu Danhong, director of the Center for the Study of Difficult Evidence Issues at the China University of Political Science and Law
The reporter asked: In your article, you suggested that the seizure of attorney's fees has challenged China's lawyers' system, and why can't the attorney's fees be seized as stolen money?
First of all, lawyers are not obliged to examine whether lawyers' fees are legal property. Even if lawyers have such an obligation, they can't actually do it. Lawyers cannot have the same investigative powers as the public security authorities, so the lawyer's fees received by default must be legal.
Secondly, the right to defense is a basic human right, any suspect has the right to defense, can not seize all the property, the suspect does not even have the right to defense, there is no money to pay the lawyer's fee, is tantamount to deprivation of its right to defense. The right to defense is a fundamental right of a citizen.
The system of lawyers was designed in the beginning, itself is not a charitable system, to the lawyer to provide legal services must be paid. This is like going to a restaurant to pay for dinner, never said that because the suspect or the accused went to a restaurant to pay for dinner, the public security organs went to the restaurant to seize, saying that this is stolen money. Similarly, if the police seize the medical fees paid by a suspect who goes to a hospital for medical treatment, and recognize it as stolen money, and ask the hospital to withdraw the money, the reasoning is actually the same.
The client is receiving legal services, the fee has actually been consumed, has become the lawyer's legal property. The lawyer's fee itself is acquired in good faith and is protected by law. Unless there is evidence that the suspect and the lawyer conspired to transfer assets. Then the lawyers themselves could all be suspects. But we can't go into that particular situation.
It can only be said that all lawyers have the right to be remunerated with attorney's fees for their services, which is legal. If even this right is to be taken away, and attorney's fees can be seized at any time, then the very basis of the existence of the entire system of lawyers has been greatly challenged.
Even a guilty person has the basic right to defense and cannot be deprived of it. The basis of the rationality of the existence of the lawyer system is to avoid wrongful convictions, to promote the judiciary can be impartial case, to protect the legitimate rights of citizens.
Peking University professor and criminal procedure law expert Mr. Chen Ruihua's circle of friends responded to the incident
A shocking scene. Baotou police broke into a lawyer's room in the middle of the night and forced him to demand lawyer's fees. Through this incident, a way should be found to establish a basic rule - "Lawyers' fees are legal property acquired by lawyers in good faith, and shall not be regarded as stolen money and property." Representatives and members of the legal profession, should this article as a proposal or motion for the next year's two sessions?
Tsinghua University law professor, doctoral supervisor Zhang Jianwei teacher also published "eat melon with feeling: Baotou case lawyers listed fifteen illegal phenomena"
Chinese Academy of Social Sciences University Associate Professor Men Jinling teacher published an article "Baotou police, open Pandora's box - tonight the police to the lawyers' fees allegedly Client stolen money and seized, tomorrow can there be a gust of the criminal defense system?
Han Jiayi, secretary-general of the Criminal Practice Committee of the National Lawyers Association, said, "The foundation of the rule of law is unshakeable."
Xu Xin, a professor at the School of Law of the Beijing Institute of Technology, responded to China Newsweek
Chinese newsweekly: The confrontation between you and the bailiffs was circulated on the Internet, and what happened at that time?
Xu Xin: From the pre-trial meeting on July 2 to the opening of the trial on July 4, the conflict between the prosecution and the defense was very intense, and there were many violations of the law by the court and the prosecutor's office.
In the morning of July 11, I felt that the violations of the law were too serious to be tolerated, and so I proposed to withdraw from the case. After the offer was made, the conflict became even more intense.
When I proposed to withdraw from the defense, I raised the matter of termination of contract with the defendant, Wang Yongming, and asked him whether he agreed, which is completely permissible and should be guaranteed by the court, but suddenly a group of bailiffs surrounded me, preventing me from speaking, and the head of the bailiff team scolded me with his finger and told me that I didn't know the rules, and other bailiffs also loudly shouted to stop.
At that time the court was adjourned, I said the defendant Wang Yongming, I just mentioned the matter of terminating the contract with you, the words were not finished by them to stop the abuse, there was no sign. I was standing in that place, in fact, I was a little helpless, and there was no one to stop them, and then there was a picture of a group of bailiffs standing opposite me.
China Newsweek: How was the trial?
Xu Xin: Any legally grounded application or request we made was not (agreed to), that is, we were not allowed to speak, and if you raised your hand and asked to speak, you were not allowed to speak. In the process also occurred the issue of the judge to limit the time to speak, saying that a person can only speak for 20 minutes. This is illegal and unfounded, the law stipulates that the right to speak to the defense should be guaranteed, and there is no law that says that the defense can speak for a limited period of time.
China Newsweek: It's not because you want to play the recording of the prosecutor asking for a bribe?
Xu Xin: No, I was very late to know that there is this recording, because this allegedly solicited a bribe recording involves the middle of a Baotou local lawyers, the family is not willing to involve him. 11 noon, some lawyers from the family obtained the public prosecutor Li Moyao allegedly solicited a bribe recording, they urgently discuss, want to throw the afternoon this bombshell.
Part of the lawyers applied for the recusal of the public prosecutor, because he is suspected of soliciting a bribe of 300,000 yuan, the content of the recording is the lawyer as an intermediary and the family's call, through the lawyer, implying that the family to send money. At that time we want to play this recording, at first the presiding judge is agreed, but next to the two judges to stop, and then Wang Zhenjiang lawyers want to take advantage of their attention to quietly put, when the court sounded the content of the recordings, the judge was very nervous, so let the bailiffs urgently come up to grab his computer and microphone, the entire power supply are unplugged.
China Newsweek: what are the main conflicts between the prosecution and defense?
Xu Xin: Very many. For example, the illegal deprivation of the defense qualifications of lawyer Li Aijun and lawyer Li Qizhen.
In addition, we applied for the recusal of the prosecutor at the pre-trial meeting. The court should first make a decision on whether to recuse before the trial, but did not make. In accordance with articles 15 and 16 of the People's Republic of China People's Jurors Law, the case must be tried with jurors and a seven-member panel should have been applied, but three judges heard the case.
Again, for example, before the trial, we filed an application for the exclusion of illegal evidence, but in the pre-trial conference did not address this issue, which is a direct violation of the pre-trial conference regulations in the last sentence of the first article, the defendant, the defendant's application for the exclusion of illegal evidence, should be convened in the pre-trial conference.
According to the Criminal Procedure Law, the indictment should be served to the defense and the defendant at least ten days before the hearing. This is a mandatory provision, but sent me the indictment is July 2, 4 on the trial.
The list of such violations goes on and on. We brought it up and as soon as we raised our hands to speak, the court refused to allow us to speak, warned us, and admonished us for the second time, which led to more and more conflict between the two sides in the Baotou case during the trial.
To later I proposed first to deprive the defender of the qualifications of the problem to solve, so that the defense back to the court, they did not agree. Secondly, I suggested that justice be made public and the trial be broadcast live, which they also disagreed with.
China Newsweek: How far did the conflict go?
Xu Xin: When it got moderately heated, as soon as the court announced the adjournment, a prosecutor's assistant scolded the lawyer in court for being legally illiterate, illiterate, and a hooligan, and the prosecutor general scolded him too, which had never happened in any previous defense, which was videotaped. At that time we asked for a copy of the video, the court at first agreed, but then disagreed.
Even, there were instances of male bailiffs beating up female defendants. It is incomprehensible that during the meeting, the second accused, Shri Shri Fong, said that a male bailiff had beaten her. According to the law, there will not be a male bailiff escorting a female defendant in any part of the process, it should be a female bailiff, which is a very bad incident.
Suspected of being "pre-trial"
China News Weekly: I saw that you previously applied for the Prosecutor's Office to recuse themselves
Xu Xin: Yes, we had a conflict and applied for the Prosecutor to recuse himself. There are many reasons for this, such as serious errors in the content of the indictment. The characterization of such nicknames as Hong Hong, Bei Bei, Song Lao Er, Lao Qiao, such unusual and visible name, are nicknames.
We applied for the prosecutor to recuse himself. But he surprisingly didn't know how to make a recusal decision, which should have been addressed to the applicant, and he wrote the letterhead as addressed to the court.
After that, we asked him to serve it. According to the Rules of Criminal Procedure of the People's Procuratorate, the application for reconsideration will be made after the recusal decision is served, but he just didn't serve it, knowing that it was illegal, and he insisted when we pointed it out, which made it certain that a conflict would break out.
In addition, the public security organs into "Dong'an organs", the soldiers written as "bin", the month written as "year" ... ...Even more serious, of course, is the lack of distinction between organized crime and individual crime, between violation of the law and commission of a crime, and the lack of clarity about the specific facts of the charges against the defendants, and the specific facts of the charges.
CHINA NEWSWEEKLY: If, as you say, your evidence and claims were objected to and you were not allowed to speak, what was done at the trial site? What was advanced?
Xu Xin: from July 2 pre-trial meeting to 12 I lifted the commission, in the middle is a constant conflict, which in the past has never been. March 17 this year, they held a meeting of the size of the three long, said "on the case whether the black and other issues reached a unified **** knowledge", still in the prosecution stage, they reached a unified **** knowledge, the case was not tried before the decision.
The case also has a more interesting phenomenon, the trial venue illegal - the grass-roots court borrowed Baotou Central Court trial court. According to the Criminal Procedure Law, a higher court can come to a lower court to hold a second trial, but there is no lower court that can borrow a higher court to hold a trial.
Also, the case alleges that it involves more than 40 Baotou Intermediate Court's effective civil judgments and rulings, conciliation, enforcement notarization, and documents of claim, in which case it involves the civil judge of the Baotou Intermediate Court, and that it would not be appropriate to hear the case again in the Baotou Intermediate Court.
These civil judges of the Central Court, who heard the civil lawsuit filed by Wang Yongming, made the effective judgment, so he is in the capacity of a witness in this so-called criminal case of ours, may we call these judges as evidence?
China News Weekly: does this have anything to do with the fact that you later proposed a change of jurisdiction?
Xu Xin: Related to the fact that more than 40 civil judgments, rulings and conciliations in force, the lower court criminal judges to try the higher court civil judges, which should be recused. We then proposed to change jurisdiction, but the Inner Mongolia Autonomous Region Procuratorate and the High Court did not make this decision at present.
China Newsweek: What do you think about what happened to Li Yongheng and other lawyers later?
Xu Xin: The lawyers have been discharged from the commission, have gone to Hohhot City, directly to the hotel lawyer's room on the people to enforce the law, said to recover their legal fees.
How do they know which others hotel? Room number? Just break in. This is the use of technical investigation means, this is illegal. Even if you want to seize the lawyer's fees, you have to freeze them through the law firm, and you have to have an effective judgment recognizing them as stolen money, and the police don't have the right to seize them directly.
Hope to live broadcast the trial
China News Weekly: your industry has a great deal of repercussions on this case
Xu Xin: Yes, all of our lawyers have experienced a lot of court hearings, and we have never seen such an arbitrary court.
China Newsweek: Did you later terminate your client relationship with Wang Yongming?
Xu Xin: Yes, the lifting of the relationship entrusted as his defender, changed as his accusing agent status, is to represent him and his family to accuse the illegal phenomenon in this case. July 13, I went to the Baotou City Procuratorate, Baotou City, the Office of Letters and Visits, accusing them of illegal behavior. 14, to the Inner Mongolia Autonomous Region Procuratorate, Supervisory Commission to reflect the violation of the law and to submit the prosecutor is suspected of soliciting a bribe of 300,000 yuan. the accusation material.
China Newsweek: How did you take the case?
Xu Xin: It was a lawyer from Baotou who asked me to enter the case, and they thought that the case basically did not constitute a crime, and that it was wrongly accused. Originally I have not been able to make up my mind, but in April they approved the arrest of Wang Yongming, he actually received more than a dozen times of sick notice, at any time life-threatening, would not have met the conditions of the approval, I was in order to save his life before entering the case.
China Newsweek: Why did you plead not guilty?
Xu Xin: After more than ten lawyers entered the case, we studied it and agreed that the case was obviously not "black" and basically all the charges were not valid.
China Newsweek: In addition to you, how many other lawyers released the commission?
Xu Xin: foreign lawyers over a **** is 16, I was released on July 12, in addition to a lawyer on leave to Hefei pre-trial conference, the other 14 are also the end of the commission. We have never encountered, can not tolerate the continuation of this illegal behavior.
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