The person in charge of the trial supervision court of the Supreme People's Court answered a reporter's question about the Supreme People's Court instructing the Shandong Higher People's Court to review the case of Nie Shubin's intentional homicide and rape of women.
1. Why should the Nie Shubin case be reexamined in different places?
Review is a necessary procedure for the people's court to decide whether to retry a case, and it is an organic part of the trial supervision procedure. The Nie Shubin case is a major and complicated case of great concern to the society. In order to ensure judicial justice and effectively respond to people's concerns, the Supreme People's Court decided to order the Higher People's Court of Shandong Province to review the case of Nie Shubin in different places according to the application of the Higher People's Court of Hebei Province and the spirit of relevant laws and regulations, and requested that the review process be open according to law, fully embodying objectivity and fairness.
2. What procedures will Shandong Higher People's Court apply for review? Can I hire a lawyer for the Nie Shubin case? Can a lawyer read the newspaper?
The Higher People's Court of Shandong Province will review Nie Shubin's case in accordance with the Criminal Procedure Law and the Supreme People's Court's Provisions on Application, which require the interpretation of relevant procedures. The specific evaluation work is carried out in strict accordance with the principle of "openness, fairness and justice".
Article 24 1 of the Criminal Procedure Law stipulates that the parties concerned, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling. "the Supreme People's Court on the application of
3. When will Shandong High Court let lawyers read the papers?
The Supreme People's Court has instructed the Higher People's Court of Shandong Province to inform lawyers to read papers according to the progress of the review work, and to protect lawyers' litigation rights such as reading papers and representing complaints and opinions according to law. During the examination, both the defendant and the close relatives of the victim may entrust lawyers. The Higher People's Court of Shandong Province will deploy capable personnel to form a collegial panel to review the case. In order to ensure judicial justice, the people's court will openly hear the case according to law.
Hold a hearing
On April 20th, 20 15, Shandong Gaofa made an appointment with Nie Shubin's lawyers, Chen Guangwu and Li Shuting, and informed them to prepare for the trial. The Higher People's Court of Shandong Province did not disclose the time and procedure of the trial, but has asked lawyers to prepare evidence. Pre-trial hearing of criminal cases is rare in the judicial history of our country, and many lawyers say that they have never seen it.
On March 201May 17, Nie Shubin's appeal lawyers Li Shuting and Chen Guangwu read the complete file for the first time in Shandong Gaofa, including 3 Nie cases, 8 cases and 6 Hebei investigation teams. Nie Shubin's mother and lawyer said that the scope of marking was far beyond expectations, which was "unexpected" and they were very satisfied. The judge said he was looking at the original volume, so he could copy it and take photos.
Appeal request
On April 28th, 20 15, according to the official Weibo of Shandong Higher People's Court, the case of Nie Shubin's intentional homicide and rape of women will be held in Shandong High Court today 13: 30 to listen to the opinions of the complainant, his attorney and representatives of the original case handling unit. It is reported that because the case involves privacy, it will not be accepted according to law. The Higher People's Court of Shandong Province will broadcast the trial in time through the official Weibo "@ Shandong Gaofa". In the eyes of legal experts and legal professionals, the Supreme People's Court's order to review the Nie Shubin case in a different place will be the first case.