On June 30th, 2009, 65438+February 30th, 2009, Zhuang Li, a lawyer involved in gang crimes in Chongqing, was tried on suspicion of perjury (Hangbao Alice Chan).
In the morning, Li Zhuang's case was heard in Jiangbei District Court of Chongqing.
Acquaintance Li See Zhuang: High-profile behavior
Li Zhuang is a partner of Beijing Kangda Law Firm. According to his personal data, he has served as legal adviser to more than 40 governments, enterprises and financial institutions for more than ten years, defending more than ten suspects of duty crimes and violent crimes, and all of them were acquitted, so that nearly 100 suspects were given lighter and mitigated punishment according to law.
A lawyer in Beijing said that Li Zhuang is very famous. In 2007, he was taken to the public security bureau by Shahe Public Security Bureau in a case representing Shaohe, Hebei Province, and his personal freedom was restricted for five hours. Usually, "acting in a high-profile manner is a serious person."
According to sources in the judicial circles in Chongqing, during his stay in Chongqing, Li Zhuang once had a dispute with the relevant departments in Chongqing on such issues as meeting the parties, reading papers, and the place where the defendant was detained.
At the same time, relevant sources revealed that the investigation found that Zhuang Li asked the defendant's family for 300,000 yuan on the grounds of "engaging in expert argumentation", but in fact the total amount paid to the experts was only tens of thousands.
The defense lawyer has applied for a different trial.
The first person who accepted the invitation to defend Li Zhuang was Gao Zicheng, a partner, lawyer and business director of Beijing Kangda Law Firm. This well-known lawyer in the industry has defended Chen Liangyu's case, Zheng, former vice minister of the Ministry of Communications, and Zhang Enzhao, president of the head office of China Construction Bank.
12 On February 20th, Gao Zicheng submitted the Application for Trial of Li Zhuang Case in Different Places to Chongqing. For various objective reasons, he suggested that the judicial organs transfer the case of Zhuang Li to the court outside Chongqing for trial.
In this regard, Gao Zicheng explained: the investigation organ of the Li Zhuang case is the investigation organ that Li Zhuang thinks may be suspected of extorting a confession by torture; The procuratorial organ of Li Zhuang case is also the procuratorial organ of Gong Gangmo case; Chongqing No.1 Intermediate People's Court is not only the court of first instance to hear Gong Gangmo's case, but also the court of second instance to hear Li Zhuang's case. There is an intersection of the above three pairs of interests in the trial of Li Zhuang case by Chongqing judicial organs. The trial in different places will help to enhance the credibility of the judgment in this case.
However, the application for trial in a different place was finally rejected by Chongqing on the grounds that "Li Zhuang's behavior occurred in Chongqing, so Chongqing has jurisdiction".
Lawyer: Li Zhuang is dangerous, but he didn't break the law.
After being invited by Li Zhuang's family for many times, Chen Youxi finally became one of Li Zhuang's defense lawyers.
Yesterday at noon, the reporter met Chen Youxi and Gao Zicheng who were having dinner. Although both of them agreed to accept the case, they were under considerable pressure, but Chen Youxi and Gao Zicheng, who had served as defense lawyers in many major cases, were full of confidence in the trial.
"We will plead not guilty from five aspects: Li Zhuang did not falsify evidence, can he help destroy evidence, and did not hinder witnesses from testifying." This is the first sentence that Gao Zicheng said after meeting. Earlier, he also said many times in public that he would defend Li Zhuang's innocence. Gao also revealed that he met with him the day before yesterday. Li Zhuang's mental state is good at present, and he may defend himself in court.
As a well-known lawyer in Zhejiang, Chen Youxi not only serves as the chairman and director of Zhejiang Jingheng Law Group, but also has many identities, such as vice chairman of Hangzhou Lawyers Association and vice chairman of the Constitution and Human Rights Committee of the Standing Committee of the National Lawyers Association. He once edited the Guide to Conviction and Sentencing. Chen Youxi said they didn't know each other before they took over Li Zhuang's case.
"Li Zhuang is very risky, but it is not illegal." In Chen Youxi's view, Li Zhuang's approach is to do his duty as a defense lawyer. "He has a strong spirit of adventure, but I don't think his behavior touched the bottom line of the law." Chen Youxi said that the Li Zhuang case is a "milestone" in the legal history of China. In recent years, among more than 20 cases involving lawyers in China, it is no accident that only Li Zhuang case has attracted the most attention. "Because the Li Zhuang case is not only to defend a Li Zhuang, but to defend the basic practice rights of lawyers in China."
The trial ended in the early morning of June 5438+02.3 1.
Debate between the prosecution and the defense 14 hours. The court announced the date of sentencing (Xinmin Evening News)
At 9: 00 am yesterday, the much-watched Li Zhuang case was heard in the Jiangbei District Court of Chongqing. Li Zhuang, a Beijing lawyer, was accused by the procuratorate of the crime of the defender forging evidence and obstructing testimony. The whole trial ended around 1 this morning, lasting about 14 hours.
Yesterday, Li Zhuang, a lawyer of Beijing Kangda Law Firm, was tried publicly in Jiangbei District People's Court of Chongqing for allegedly falsifying evidence and obstructing testimony.
Five applications
At the trial site, the defendant Li Zhuang prepared a self-defense book with 18 pages. Li Zhuang said that there are five applications to be submitted to the presiding judge in court: judicial appraisal of Gong Gangmo's injury; Apply for 8 witnesses including Gong Gangmo and Ma Xiaojun to appear in court for cross-examination; Capture the video and audio evidence of Li Zhuang's meeting with Gong Gangmo; Apply for an extension of hearing one's own case; Apply to transfer his case to other courts with jurisdiction outside Chongqing. The presiding judge explained the first four applications, but for the last application, the presiding judge said it was unfounded and rejected it according to law.
Five adjournments
In order to fully protect the legitimate rights and interests of the defendant, the presiding judge announced an adjournment 10 minute for the first time to discuss the defendant's application. After the trial entered the stage of court investigation, facing the interrogation of the public prosecutor, Li Zhuang made a request to the court again, saying that the chief prosecutor had a great interest in him and asked him to withdraw. For the second time, the presiding judge announced an adjournment 10 minute to discuss the defendant's application. After discussion by the collegial panel, it was found that Li Zhuang's request was unfounded, and the presiding judge announced that it was rejected. The case is still under trial. 12: 29, Li Zhuang once again asked the presiding judge to go to the toilet. The presiding judge announced the third recess. At 2 o'clock in the afternoon, the presiding judge announced an hour's recess to allow all parties and observers to rest and eat. After the trial was held at 3 pm, at 7: 30 pm, the presiding judge announced an adjournment again and continued the trial at 8 pm.
Evidence of four crimes
Earlier, Chongqing police said they had found four incriminating evidence against Li Zhuang.
■ "Read Gong Gangmo's Accomplice Record". According to the police investigation, at the meeting with1October 24th, 165438, "two or three criminal suspect transcripts were read to Gong."
■ "Instigating Gong Gangmo to retract his confession". According to police investigation, on February 4th, 65438, when Li Zhuang met with Gong Gangmo, he taught him that he didn't know something. "Just three words, don't say anything else."
■ "Instigating Gong Gangmo to lie about being tortured to extract confessions".
■ "Instructing Gong Gangmo to cooperate with it and disrupt the trial order".
Five-point defense
In yesterday's trial, defense lawyers defended Li Zhuang from five aspects-
■ It is impossible for Li Zhuang to forge evidence;
■ The prosecution's evidence was fixed as early as Zhuang Li's introduction to the Gong Gangmo case, and Li Zhuang could not help destroy the evidence;
■ By the time of detention, Li Zhuang had never contacted any prosecution witness, and there were no prosecution witnesses who were not interrogated and waiting for interrogation, and there was no question of witnesses that the prosecution, especially the investigation organs, sought but did not find. Therefore, the prosecution accused Li Zhuang of obstructing testimony without factual basis and the procedure was in doubt;
■ Gong Gangmo is the only participant in the Gong case. According to the answer in an interview with CCTV, Gong's winking and eyes made him guess that he was confessing. Obviously, this speculation can't be sure that Gong was instigated to give evidence. Besides, I don't know if I blinked when I saw Gong.
■ The object of Li Zhuang case is the normal trial activities of the court. However, Li Zhuang was detained and the case has not been heard by the court, so there is no violation of trial activities.