Sentence time:
Defenders and agents ad litem who destroy or forge evidence and commit this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Details of the case:
Zhuang Li was charged with inducing and abetting his client Gong Gangmo to fabricate testimony and inducing witnesses to commit perjury. Gong Gangmo, the main suspect of China-Chongqing underworld organization, was prosecuted. The local procuratorate suspects that Li Zhuang instigated the criminal suspect and witness to forge evidence, and made the criminal suspect lie that he was tortured by the police to extract a confession. The procuratorate subsequently prosecuted him on charges of destroying evidence, forging evidence and obstructing testimony. Li Zhuang case refers to a case in which former criminal defense lawyer Li Zhuang was accused of inducing and instructing his client, Chongqing's "black boss" Gong Gangmo to fabricate testimony and induce witnesses to commit perjury and was prosecuted. In 2009, Gong Gangmo, the main suspect of China Chongqing underworld organization, was prosecuted. The original defense lawyer was Li Zhuang. The local procuratorate suspects that Li Zhuang instigated the criminal suspect and witness to forge evidence, which made the criminal suspect falsely claim that he was tortured by the police to extract confessions. The procuratorate subsequently prosecuted him on charges of destroying evidence, forging evidence and obstructing testimony. This criminal case is called Li Zhuang's perjury case, usually called Li Zhuang's case.
Importance of the case:
1 is to promote lawyers in China to hold a group, which is very important for lawyers to protect their rights.
2. After the final judgment of Li Zhuang case in the first quarter, it directly promoted the promulgation of "Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases" in May 20 10, which was a small progress in judicial reform.
3. The overhaul of the Criminal Procedure Law has been accelerated, including the most important "Li Zhuang clause", that is, if a case similar to Li Zhuang is encountered again, it should be investigated and tried in a different place; In addition, the case (Gong Gangmo case) should be tried first, and the derivative case (Li Zhuang case) should be retried. It is the inversion of judicial logic that Li Zhuang case cannot be judged first, and then Gong Gangmo can be retried. This is a big step forward.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.