Tried to jump ship but was accused of taking bribes.
Call on netizens to give support
With the approach of the court session, Yang Haipeng's rights protection measures have taken a new form.
The trial did not pronounce a verdict on the case.
Yesterday's trial finally failed to pronounce a verdict on the case.
Yang Haipeng Mei Xiaoyang and his wife's "Crab Mom" case failed to be pronounced in court.
2 1 Century Business Herald Sun Xiaolin
At 9: 30 pm on September 19, the autumn wind was rustling in pujiang town, a suburb of Shanghai. Strangers at the gate of the court stamped their feet with cold. They are silently waiting for Yang Haipeng and Mei Xiaoyang to come out of the court.
Many of them have been waiting for a long time. At one o'clock in the afternoon, the marathon "bribery case" trial began, and in the end, it lasted eight hours.
In this lawsuit, Yang is not the protagonist, but a media practitioner in Shanghai, and Mei is Yang's wife, who used to be the department head of a garden design company. This time, Mei Xiaoyang was accused of taking bribes.
According to the indictment, since 2007, Mei Xiaoyang has received 70,000 yuan from the general manager of the outsourcing unit, 20,000 yuan from Yu Changbin and 30,000 yuan from Xie while serving as the deputy director of the business planning office of Shanghai Landscape Design Institute.
Mei Xiaoyang denied all the charges. Mei argued that the 20,000 consumption card was used by the design institute for hospitality, while Xie Hui's 30,000 was the registered capital of Shanglin, while the 70,000 in his hand was actually a designer's labor fee.
Because the court did not pronounce a verdict in court, there is no conclusion yet, but the widespread influence brought by this case cannot be ignored.
The investigation process of this small case may not seem complicated. However, it is this case that has been prosecuted three times since July 20 10, and the list of bail pending trial has been issued six times and revoked twice.
The long process made the outside world seem to smell some kind of "disharmony". Yang Haipeng complained to his wife through the Weibo platform and self-investigation, and exposed the "shady" in the relevant investigation, which further complicated the case.
The strange thing about this case is that it is no longer a case, but a group of people are paying attention to it. From Weibo to reality, many people support the Yang family.
Yang Haipeng's own efforts are a big part. This man, who is nearly 1.9 meters, runs around to prove his wife's innocence. After the incident, Yang Haipeng not only investigated the "problems" of relevant parties in various ways, but also frequently published relevant evidence in Weibo to expose the problems.
"I have been paying attention to his Weibo." A middle-aged man said outside the court. He supported Yang's point of view and took a taxi from Xuhui District to pujiang town Court at 2 pm. And this person is not allowed to enter the court from 2 pm to 9 pm.
After the trial, Yang Haipeng walked out of the court looking haggard. He said loudly that the procedure was unfair. He was advised to have a rest first. He opened the mobile phone he had just got from the court, looked at it and said that there were more than 40 missed calls and hundreds of messages supported him.
The most concerned case in the history of Weibo is the "Crab Mother Case" which opened in Minhang Court on September 1 1. Many corporate avatars in Weibo have been replaced by warm photos of "Mother and Sister Crab".
According to Du Nan Weekly, the "mother crab case" refers to Mei Xiaoyang's alleged bribery case. Mei Xiaoyang is an engineer of a state-owned landscape design institute in Shanghai. During the restructuring of the design institute, he was accused of taking bribes three times by the procuratorate because he wanted to resign. The lawyer pleaded not guilty and thought that the three pens were found, which was a civil act. Mei Xiaoyang's husband is a well-known rule of law journalist Yang Haipeng. Yang Haipeng made the case public in Weibo, and revealed that Shanghai industry and commerce and public security jointly handled the case and illegally obtained evidence, which aroused great concern in society. Yang Haipeng's daughter likes eating crabs since she was a child, so she is called Sister Crab, so Yang is called Father Crab and Mei is called Mother Crab. This case is called "Crab Mother Case".
Attention to this case comes from three angles:
1. The case itself is controversial. Judging from the report, the positions of the prosecution and the defense are quite different. The defense has always held a position of innocence, and the prosecution's evidence has been accused of illegal collection, especially the "joint case handling by the industrial and commercial bureau and the procuratorate" has no legal basis. The facts of the case depend on the evidence, and the "legality, authenticity and relevance" of the evidence in this case depends on the judge's judgment.
2. The social significance of the case. Yang Haipeng, single-handedly confronted the Shanghai judicial organs and exposed the inside story. In his Weibo, Yang Haipeng revealed the progress of the case one after another, showing people two Shanghais, one is grandiose on the ground and full of inside information underground, and the other is a Don Quixote windmill, trying to put everything in the sunshine of law.
3. Truth of the case. In ancient times, Ti Ying saved his father, but today, Haipeng protects his wife. Yang Haipeng saved his wife rationally with Socrates' sacrifice. Just like he "set out hand in hand with the mother crab" in Weibo on the day of the court session. Mother crab, you are a scholar's daughter and you are a scholar's wife. Even if the court gives us a glass of wine, we should drink it with dignity. "
The trial began at 1 pm on the same day and ended at 9: 30 pm. According to the indictment, since 2007, the female crab has received 70,000 yuan from Hu, 20,000 yuan from Yu and 30,000 yuan from Xie, the general manager of the outsourcing unit, while working in the Landscape Design Institute. Lawyer Ma Xie argued that 30,000 yuan was the share capital of Lianjian Company, and 20,000 yuan was the expenses for entertaining customers agreed by the leaders.
The prosecutor who appeared in court for public prosecution is a strong general in the second branch of Shanghai Procuratorate. This is exactly the same as the public prosecutor in Lei Ting's illegal detention case, that is, to deal with barristers, the higher-level procuratorate sent prosecutors to participate in the lower-level procuratorial work. However, the legal problem is that a person's dual status as both a superior prosecutor and a subordinate prosecutor does not conform to the Prosecutor Law.
The female crab's defender is Yan, a well-known lawyer in Shanghai. Yang Haipeng Weibo said, "My biggest regret is that I didn't hire a foreign lawyer. When the judge refuses to let six people testify for the mother crab, he can leave in protest. The appearance of these six people in court is of great significance. The former director of the Landscape Design Institute can prove that a contract signed in August last year was actually signed at the end of May this year, for the crime of Luo Zhi, the mother crab. The rest of the witnesses can prove the falsehood of 30,000 yuan and 70,000 yuan. "
The judge's performance changes because of the notes. During the trial, the bailiff handed the judge a piece of paper, which should be made by the leader sitting in the court. This is a very serious behavior. In court, the judge is the supreme commander, and factors outside the court should not affect his independent judgment.
Li Zhuang, a former lawyer, said in the Weibo, "Please pay attention to the formation time, submission time and the connection between the evidences of the prosecution". The lawyer who attended the audit said: "The first half of the judge's question is very good and remains neutral. Even if lawyers are often interrupted, there is a reason. Later, it was very harsh to review the testimony of defense witnesses. According to the judicial interpretation, if the prosecution's testimony lacks signature, it can be corrected and accepted, which actually excludes the lawyer from obtaining evidence without signature. In addition, it is illegal to prevent other defense witnesses from appearing in court. The judge did not rule out one piece of evidence of the prosecution in advance, but actually ruled out many pieces of evidence of the defense in advance! "
The joint law enforcement of the industrial and commercial bureau and the procuratorate exposed in this case obviously has no legal basis. The prosecution said that it was from the above documents and it was not reliable. Even if you have the above documents, you must comply with the law. Yang Haipeng Weibo also revealed that "after the trial, the female crab read the transcript for nearly an hour. The lawyer was angry. During the trial, a large number of statements made by defendants and witnesses about extorting confessions by torture and illegal detention were not recorded. The crab mother and the lawyer recovered part of it. "
Judging from the current situation, the trial has been completed, and it remains to be seen how to make a judgment in the first instance. Yang Haipeng asked netizens to change this photo of "Mother Crab" and "Sister Crab" to show their support. The picture comes from the internet.
Tried to jump ship but was accused of taking bribes.
Call on netizens to give support
With the approach of the court session, Yang Haipeng's rights protection measures have taken a new form.
The trial did not pronounce a verdict on the case.
Yesterday's trial finally failed to pronounce a verdict on the case.
On the morning of 20 October, 2065438+010/kloc-0, the female crab was found to have taken bribes of 70,000 yuan and was sentenced to 4 years' imprisonment. Lawyer Zhai:
As a lawyer, it is your profession to do everything possible to excuse your client, and it is not good to evaluate you. However, it is a bit too much to complain openly on the Internet.
According to your one-sided statement, it is certain that the procedures of Ma Jia and other prosecutors in the procuratorate are flawed, and there are also bravado of both hard and soft. But it's not surprising that we are not in America, is it?
Similarly, according to your one-sided statement, Ms. Crab has done enough. Do you think you haven't had enough? I feel less, too, but it's not the same thing as guilt, is it?
See what your so-called "truth" is. Mrs. Crab said it herself:
"In short, there can be no economic exchanges."
-That's right. Who are "friends" and "friends" fooling?
"On holidays, I will send some cards to others, and others will send some cards to me. This is there. "
-Send some "cards"? It is rarely heard that it is easy for friends to send cards. Can't you deliver the cake?
—— From "2065 438+00 65438+ 10 month", 70,000 yuan was sent out through "package" and "book", and 70,000 yuan was received. This is not a bribe. Are you hiding cats and dogs?
"You haven't had time to retire these words, and I can't make them up. You can ask Hu Shuguang to testify."
-Here we go again. If you don't retreat, you won't retreat. "We are discussing"? When do you want to discuss it? Besides, what "hidden evidence of innocence" has not been returned?
"Haipeng has so many relationships. Maybe if you call, I can let it pass. I never thought that the situation was so serious. "
-How do you say "hello"? What behavioral logic is this? Regardless of whether it is wrong to come in, you can "say hello" and go out?
"I feel that I am dedicated to the public."
-Because of my price? At what cost did you let others make so much money? "Serve the public wholeheartedly"? ! What "selfish interests" have been sacrificed? Take less? Besides, what's the use of pulling others? Now let's talk about your business!
"I haven't been there a few times."
"Not many times" and I have been there several times, right? "Become a public card instead of a private card"? ! Who changed it? If you spend the stolen money, don't spend it?