As early as 1980 and 10, Ma Kechang came to Beijing to participate in the discussion on the indictment of Lin Biao and Jiang Qing's counter-revolutionary group at the invitation of the NPC Legal Committee. Subsequently, the Ministry of Justice appointed him as the defender of Lin Biao's best friend and former air force commander Wu.
The prosecutor and the defendant in criminal cases are two completely different roles. For the former, as one of the victims of that period, he is eager to stand up one day earlier and contribute his strength to that historic trial. As for the latter, there are a hundred disappointments in letting the person who drafted and revised the criminal law defend a famous villain. However, according to the law, criminal suspects should enjoy all kinds of rights endowed by law. As a law professor who teaches and educates people, who will safeguard the dignity of the law in the future if he does not take the lead in fulfilling the law?
In the contest between emotion and law, Ma Kechang chose to protect human rights by law, instead of being emotional. He repeatedly studied and consulted the case file and talked with the defendant, and found that the public prosecution agency had several doubts about Wu's indictment.
1980 12 18 the second trial court of the the Supreme People's Court special court opened. In court, as a defender, he put forward three defense opinions for the defendant Wu, namely: there is no evidence that Wu participated in the activities of instigating the counter-revolutionary armed coup, and the indictment accused Wu of this crime; Wu Zailin and Jiang counter-revolutionary group case is the principal offender, not the first offender, and should be treated differently from the first offender when sentencing; Wu should be given a lighter punishment if he can plead guilty, repent and expose his accomplices after receiving the indictment and before the trial.
198165438+125 October, the the Supreme People's Court special court failed to find out the criminal facts of Wu's participation in instigating the counter-revolutionary coup, and affirmed Wu's ability to truthfully confess his crimes and expose others in clear words. Finally, Wu was sentenced to fixed-term imprisonment of 10 for organizing and leading a counter-revolutionary group, conspiring to subvert the government and falsely accusing and framing. Wu thanked him for defending him and believed in the judgment of the special court.
"Ma Kechang used to be a very competent NPC representative!" A leader of Wuhan Municipal People's Congress took out the newspaper that reported the work of the NPC that year and said that the first question in the history of the Standing Committee of Wuhan Municipal People's Congress was raised by eight members including Ma Lao.
It was1July, 1988, when Lu Mou, the manager of Wuhan Southern Airlines imported auto repair shop, was suddenly captured by the Interpol Brigade of Wuhan Public Security Bureau. On the grounds that Lu was suspected of profiteering, this criminal police brigade not only confiscated five large trucks of Lu, but also ordered him to pay a fine of 1 100000 yuan. After leaving the detention center, Lu found a member of the Standing Committee of Wuhan Municipal People's Congress and demanded justice for him.
"How can the criminal police team illegally intervene in economic disputes?" Ma Kechang inquired about the situation, and immediately reported to the Municipal People's Congress for advice on the Public Security Bureau.
The Wuhan Public Security Bureau not only failed to adopt the opinions of the Standing Committee of the National People's Congress, but instead sued Lu Jia for a crime and reported it to the procuratorate for approval. After examination, the procuratorate found that the facts of the case were unclear and the evidence was insufficient, and immediately returned the case file to the Public Security Bureau. The public security bureau delayed again and again, but failed to solve the problem.
199065438+1October 12, Ma Kechang and other eight NPC standing Committee members put forward written questions on this case at the13rd meeting of the Eighth NPC Standing Committee. It is believed that this case belongs to the case handled by the public security organ beyond its authority and should be corrected according to law. The meeting of directors of the Standing Committee of Wuhan Municipal People's Congress decided to refer this issue to the Wuhan Municipal Government and give a written reply within a time limit. Soon, the Public Security Bureau corrected this misjudged case, promptly returned the property and fines recovered from the land, and reported the reasons for this mistake in writing to the National People's Congress. Arguably, Ma Kechang has done his duty as a NPC representative to supervise the case. But what he didn't expect was that after being treated fairly, Lu failed to repay the debt to a private enterprise in Gansu, which led the enterprise to send people to Wuhan to collect debts from Lu. What makes people angry is that this man went to see Lu, but Lu avoided seeing him. At this time, they found help and calmly wrote a letter to Lu in the name of an elder. When moved, they asked someone to take the letter to Lu. At this time, Lu met people in Gansu and signed a repayment agreement with them. Later, people from Gansu rushed to Wuda to thank Ma Lao, saying: Thank you for helping us get money and debt, otherwise we really can't do it when we go back.
Ma Kechang mentioned many times that evidence is the soul of a case. If there is no evidence, you can't file a case. If you can't form a chain of evidence, you can drop the case. It's hard to even say hello.
Once, three judges of a court in Kaifeng City, Henan Province were accused by the parties of fabricating facts to a central leader in an economic case executed according to law. Soon, a court in Henan Province sentenced the three judges to three years' imprisonment according to the instructions of the central leaders. In the review, the Henan Higher People's Court considered that the judgments of the first and second instance courts were obviously biased, but prevented the revocation of the leadership's instructions, so it came to Wuda with the case file and asked Ma Kechang for advice. Later, according to Ma Kechang's legal opinion on the use of evidence, the Supreme People's Court instructed the Henan Provincial High Court to revoke the final judgment of a court in accordance with legal procedures.
In March 2006, the Qingshan District Court of Wuhan filed a public prosecution according to the procuratorate, and sentenced the criminal suspect Li to six years in prison for intentional injury, with civil compensation 1000 yuan. After receiving the consultation letter from the relevant departments of Hubei Provincial People's Congress, Ma Kechang immediately read the relevant files and found that this was a wrong case caused by human factors such as the court's refusal to accept the investigation conclusion of the Public Security Bureau, and reported it to the Wuhan Intermediate People's Court through relevant parties. However, the court held that the suspect had been detained in the detention center for almost a year. If all the judgments of the first instance are revoked, it means that the court of first instance should not only bear the responsibility of investigating misjudged cases, but also bear the state compensation. Therefore, it was decided not to hold a trial.
At this time, Ma Kechang was in charge of the doctoral examination and was very busy. However, as soon as he heard that Wuhan Intermediate People's Court might not hold a court session to uphold the original judgment, he put down a piece of paper overnight and wrote down his opinion on whether Li constituted the crime of intentional injury.
On June 20, 2006, the Wuhan Intermediate People's Court made an interim decision on the basis of legal opinions and held a hearing on Li Yi's case. The trial result is quite different from the facts identified in the first-instance judgment.