The defense of perjury Li Zhuang

 Li Zhuang, due to the current media coverage of perjury exposed some of the problems which are very funny and I want to make the following analysis of these claims. Outset that this is not really the defense of which the accused will not be charged Procuratorate, more talk not on any evidence, just published on the Internet and the media some of Li Zhuang so-called including legal analysis, but also among the Franco-Prussian participate in recreational nature, do not ask you to seriously! and do not judge the case, only by the citizens of intention to the referee.
defense at the beginning, I first statement is:
According to the Constitution: defense is a constitutional rights of citizens. while defense lawyers and lawyers to establish the system will therefore have a constitutional basis for career.
and in theory, the state in order to prevent abuse of public power, in order for the accused to a fair trial lawyer system must be established on a country's public power for checks and balances, protection of human rights responsibilities fell largely on the shoulders of lawyers.
lawyers did not have any financial expenditure by living by one penny, nor any public who enjoy a variety of housing and treatment, they spend every penny earned by their labor. countries do not have money, they get a large number of lawyers to monitor the correct implementation of the laws of the State. to effect such a society what is the economy.
Li Zhuang I also need to perjury charges related to the legal provisions cited in this: the Penal Code parties destroy or forge evidence, forcing witnesses to change their testimony or perjury contrary to the facts, and three years imprisonment or criminal detention; circumstances are serious, three to seven years imprisonment.
Defender and Legal Representative provided, shown, quoted the testimony of witnesses or other evidence of misrepresentation, is not interested in fake, does not belong to fabricate evidence. agent destroying, fabricating evidence, contrary to fact witnesses change their testimony or perjury, a state. We get information is from the media reports, and media coverage is not the real source of justice. So at this stage I was then accused by the media, Li Zhuang, based on these remarks of issues, ;. future cases, to leave time for the real test.
details of the allegations of a
media: turn over secret technique torture, denying earlier statements; The third measure is the provision of false statements to the court to be retracted; fourth trick was to inform the other co-defendants on crimes confessions Gong; fifth trick is to let the injury when he was identified as hearing by, with its disturbing court order, forcing the court adjourned the trial delay. change card problem, if the witness is a problem. The second is the need to explain the case involved in the meeting when Li Zhuang, the case has been indicted by the Tribunal to the stage, this time according to the law has long been the end of investigative activities, are all evidence of the allegations has been fixed , it will not happen again any question of collusion. So the accusation is difficult to set up from two terms. Another defense lawyer can make to the defendant not guilty, but whether to adopt the necessary court to decide, not the lawyer said guilty to guilty. not to mention the meeting when he was accused was a views, he does not deserve a lawyer. If the lawyer is not allowed in court and the prosecutor's legal advice and opinions contrary, that the lawyer system to be abolished, there is no need to set up.
lied to the court to be torture, denied earlier testimony; This idea, and when lawyers were told after he had been torture, lawyers will tell him that such a thing in court, you have to truthfully before a judge, because the evidence obtained by torture is unlawful evidence, if the judge accepted your statement, evidence obtained by torture would not be admissible by the court, this is good for you. even if the defendant is not torture, lawyers told him to say this did not constitute perjury. lawyer called the defendant will court, how to express their views and to defend himself, because the defendant did not know how large the law is the need for guidance, and counsel is to guide, to teach him.
retracted in court the rights of the accused should be rather than sin. This is a must so that we all understand the legal principles. estoppel is a very normal person trial phenomenon. alleged guilt of the accused is a public prosecutor, which is a national responsibility. If the defendant can not speak in court and the statements they think the content is different, then the court should do, take a direct statement go to trial on it. counsel to enable the accused guilty or Zuiqing, will teach him how to go in court with attorney representation, even if the confession is not the same as before, and will not constitute a legal problem because the prosecutor's evidence is often will be very full, not that you can easily retracted to be overturned. For example, you kill people, is your fingerprints on the knife, you have been to the scene, you and motive to kill the victim, and so, in this case, you to reverse the verdict is not useful. judges and courts are not children that you deceive the.
perjury be investigated object. because the defendant was not a witness, his testimony but not the confession statement. lizhuang to the court what to do if the false statements did not constitute perjury because he is not a witness, is the defender.
Li Zhuang currently do not see what other people are Li Zhuang abetting perjury. Moreover, investigation activities in this stage of the proceedings has long been the end, all the evidence has been fixed through the conclusion of the investigation and prosecution of Li is too late to do so.
, listen to all witnesses and verified through the later, can serve as the basis for deciding. eventually you will be condemned this practice of secret material witness. litigation is composed of defense and prosecution the judge, court, prosecution and defense of equality to express their views publicly, and ultimately the courts of a game. In fact, in court, according to these materials must also read and presented to the accused, and the court heard the defendant's identification and justification.
According to the rules of the game, lawyers in the case of conclusion of the investigation, the prosecution stage and the stage of court proceedings, you can copy files to the entire case file, In order to save court time, in order to understand the real facts, evidence and identification of these will be met when the materials presented to the defendant to listen to a variety of defense and the defendant's statements. All the defense lawyers are to do so.
If this behavior of Li Zhuang is a crime, then the charges against him illegally when there is a big problem also is that since you police officers at the scene, why are you not to stop the blatant crime, but also for Li Chuang produced more than a testimony to collusion? In such circumstances, in the end is the problem or the police Li Zhuang problem!
disrupt the order of the court, forcing the court adjourned the trial delay. court, collect new material evidence, apply for re-appraisal or inspection.
court for the application, shall make a decision whether to grant. may apply for re-appraisal of the injury, it is the defendant's rights under the law.
legal language from the point of view, re-identification;
then the content of the allegations from the media point of view, this behavior is likely to be particularly the injury against the defendant who made the request identification to confirm whether there is torture to the scenarios, the court will have a View the defendant is really the initial obvious injuries, were identified in order to decide whether an adjournment, If there are no injuries, the court will not agree to re-appraisal of the request; general, if the defendant in the court dared to propose such a request, that he who does have a more obvious injuries, otherwise the application is useless. and this analysis shows that the defendant may indeed have been torture. If, after identification of identified cases torture did occur, the corresponding confession of the accused shall exclude admissible evidence outside of court. This practice is highly responsible lawyers accused of a fair trial as a highly responsible approach. is the standard court rules of the game, in any case can not be accused of to trial, but authoritarian.
five strokes from the above list, if the novel were to put a case to be a lawyer and client will be the wisdom and merit, how can one not be an offense.
details of the two
Media allegations: things, I not a being taken advantage of it? if he used the hijacked my property, I turn to go after? Services, is a private right of agent behavior. the defendant after the judicial inquiry is limited to personal freedom, his company and still need to take care of family affairs, as the company's leaders, a lot of things still have to have his signature is not, so often to their company lawyers, family members and my request, when meeting him sign some blank or clear mandate or the declaration of the contents of the file class, out of operation for the company. This behavior in no way involved in crime, and crime has nothing to do. This is because if the alleged crimes, crimes involving the assets and companies have ceased operations, or even been seized or detained, lawyers can no longer operate the property, so these files if you want to use the blank so definitely not for the investigating authorities seized property is not involved, but the parties dispose of their property belonging to his constitutional rights. These are not the property seized is not in civil law can not operate.
such as the level of owner defendant to sign such a document, must be out of the trust and thoughtful lawyer behavior.
In addition, if such a file is used for illegal purposes --- I do not think about what it illegal You can use these files use --- there must also be able to blame the fact that Li Zhuang a problem, but not necessarily be a criminal problem, not suspected of perjury charges. In no case of illegal use, you do not problems can be blamed Li Zhuang.
other modules on the Gong Gang applications lawyer accused of writing such a report:
Gang Gong die fear and power of attorney signed by white bars, were made against them lawyer Li Zhuang take it things, so report.
reporter noted that full application including the date, the applicant and other content, all for the computer to print only Gang Gong mode is handwritten words. why the application is a computer print only text-mode signature is handwritten Gang Gong? Chongqing concerned has not responded. reporter asked whether the model found in Gong said just IOUs, but have not been answered. At that time the police get it out Gang Gong die all the hand-written documents to produce, which resulted in much doubt, if the police show of this has Gang Gong die signed application form is the Gang Gong mode to the police's original application, then a reporter raised the question indeed exist: Gang Gong die behind bars, where to find the printer to print from your applications? is the senior cadres of the cells are not equipped with such equipment. If the police in order to produce their own convenience when printed looks like files, why pay in the above model sign Gang Gong? indicate the file is not signed, because it has no need to sign the legal sense. This document can not be explained in two ways in terms of the contradictions are.
details of the three
Media allegations: His relatives die Gang Gong Gong Yunfei, said: ; of 100 million. AC charge management system would violate the law, the act will be severely prosecuted Bar Association, Li Zhuang be subject to disciplinary action, together with the law firm should be criticized.
really such a situation occurred, there is no evidence. But the question is whether this is true regardless of discipline, rather than a legal problem, but not a criminal legal problems, more even than the issue of perjury.
so I thought, Chongqing police will not because he cost of overcharged Li Zhuang arrest.
other media on this issue I would also like to say a few words speculation. Our culture has always been to strike a person and then when he first pull-down from a moral the critics themselves occupying a moral level. To achieve this, I am often accused of being desperate to hurt people's moral behavior, even at the fraud to achieve this purpose. We handle cases in Chongqing, which has been hitting look at to such a Who dares to maintain such a relationship with her, but also to life! This information and her family Heilao Da Heilao Da or allegations of such person is contrary to logic. The media really has not been serious thought to Luanjiang everywhere! finally open the original times and met die Gang Gong, confidential briefings, the December 3, Li came to the city the first intermediate, the defendant raised die Gang Gong torture in the investigation process was unable to properly meet the parties, and illegal places of detention such as a defendant series fiction issue. not suspected of crimes.
content, according to media reports we learned that the local law not to meet with lawyers often suspect, foreign lawyers are often not able to properly meet with suspects and accused; all the way to court when the case is about the lawyer meets with the police when there are still monitoring the scene.
Criminal procedure law, advice and to file petitions and complaints. criminal suspects were arrested, the appointed attorney may apply for bail. involves state secrets, the criminal suspect to hire a lawyer, shall be subject to investigation authorities. Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, Ministry of Justice, the National People's Congress Standing Committee on Legal Problems in the implementation of the Criminal Procedure Law provides that cases involving state secrets, attorney meets with the criminal suspect, shall be subject to investigation authorities. for cases not involving state secrets, lawyers met with the suspect does not require approval. can not be kept confidential as the investigation process in cases involving state secrets shall not be approved. lawyers met with the suspect, should be met in the forty-eight hours to arrange for the organization, leading or participating in the crime syndicate, organization, leadership, participate in organized crime or terrorist activities, smuggling, drug crime, corruption and bribery more than two other major common complex criminal cases, counsel met with the suspect, the arrangements should be met within five days.
12. Criminal Procedure Law stipulates that the ninety-sixth, in the investigation stage, the lawyer meets with the criminal suspect, the investigation organ circumstances and needs of the case can be present. the prosecution and trial stages, the case has concluded its investigation, defense lawyers and other defenders meets with the criminal suspect or defendant, the People's Procuratorate, People's Court not to send to be present. violations denied relief, investigative agencies have repeatedly violated the law, not by lawyers to point out to correct. prescribed by law the rights of the accused and lawyers have repeatedly trampled on, unable to obtain legal relief; even to the trial stage, counsel meeting will have police officers present, and even audio and video recording. These serious violations of the defendants and lawyers normally, the right to open conversation.
anyone has the right to point out and correct the violations, lawyers for lawyers more able to do so to reflect this issue to the court Li Zhuang no error at all.
the relevant state organs complaints, charges or exposures right.
for citizen complaints, charges or exposures to ascertaining the facts relevant state organs to handle. No one may suppress or retaliate.
the state organs and violations of state civil rights workers who suffered losses, according to the law have the right to compensation.
details of the allegations five
media: person in charge of Lee, in High-tech Zone meeting hall restaurant near the Olympic Sports Center. according to Li Zhuang's instructions, Gonggang Hua Lee asked the trial stage in the Gong Gang Die Poly clubs will close. In response, Lee said, individuals can not call the shots, the return of about Poly nightclub Wang Mou and Chen, head to the restaurant again in Gonggang Hua .3 cars driving within the Poly club close consultation matters, to ask that the police had been summoned some of the the identity of the boss triad of assets, is bound to have been sealed, it is still open if it is to illustrate an asset is not involved, people do not have all the rights involved in the operational autonomy, the parties have the right to decide whether to open for business.
to stain Witness to escape is pointless, because the witnesses as tainted witnesses has been made to the police testimony on the allegations be viable if the testimony was false, Li Zhuang should they go to court to testify truthfully fishes, as the defense does not generally This will be a witness to escape or hide, but will ask him to appear for the court asked the defense to find out the real situation, so such a statement would most likely because the media people do not know the result of clerical error.
Can the Gang Gong die nightclub owner's identity to pass out, is to have business for the record of evidence to be effective, this is the first; the club at the trial stage are still operating on the instructions of the club is not involved in this case, Gang Gong die Why gild the lily do such things? logically unreasonable.
fishing except the police, leaving this club who will do something about it look in the end, but this practice illegal. and as long as you do not have judicial ban, the party is You do not and can not accusing them of breaking the law. because they have legitimate management rights.
now suddenly the police arrested more than 20 clubs said to be the people involved I'd puzzled!
details of the six
Media accused of: lawyers, then the court will let you in 3 days to find a new lawyer, if you can not find, the court will give you appoint a lawyer. you know how to do it? you strongly not to accept court-appointed lawyer, as long as I give you defense, the court can not open court. I handled the case in Liaoyang to 用这招 year and a half delay the court! Game will not be against the law to issue a judicial identification is legitimate, in the exercise of rights under the law are legitimate.
lawyers if the legal means to delay the trial is a crime, then our country delay the trial periods often the case, whether the person Chao Shenxian cases of criminal responsibility are necessary to grasp it? Apparently not. and a lot of Chao Shenxian is not the case for the lawyers. It appeared, fire officials allowed people to light lamps counsel to the defendant boasted, not a crime ah, at most, a lawyer, ethical issues, is dealt with by the disciplinary board industry.
details of the seven
media allegations: When the hearing has been scheduled by the court to give you your wife to give evidence to prove that you are not a triad. mostly can not afford to offend these people wife to borrow money ah! your wife says, do not lend to him. you say, did not hesitate not, ah, we untouchables he, ah, let's afraid of him! certificates; lawyers have accused the rights and obligations to teach how to confession in court the facts. this right we are too many of them saw the film and the story. defense counsel and the accused to the judge and the Full Court judgments, they are not year-old children fail to distinguish right and wrong.
in Chongqing if the triad is a common phenomenon, afraid to die Gang Gong triad extortion is also a reasonable alternative which the phenomenon occurs, why it can not justify this. If you do not say die Gang Gong Li Zhuang how these things will know that he is still afraid of those who do, Li asked him to speak truthfully to the judge in court so the behavior you do wrong? no, this is simply not to teach false confession the defendant, and Even if the defendant Li Zhuang taught a false confession and did not constitute perjury as a witness Gong is not just die, as a defendant to escape his guilt over how to do it not because he has faced the threat of the death penalty.
doing so that Li Zhuang is a legitimate interest to the defendant's lawyer dare responsible.
details eight
media allegations: criminal acts, and said: over, other do not say. will result in prosecution of the defendant failed a few words, is it not too much confidence!
prosecution and defense on the court is actually in the game, Western law accused has the right against self-incrimination, a right to silence . If you follow our logic, the West can not be sentenced defendants, and because they did not recognize took him to see there is no way. is clearly not the case. media, the level of the country's judiciary lack of confidence in it too !
details of the nine
media allegations: all means for their acquittal. the defendant's family to collect and provide such evidence, this is the most normal and defense strategies, such practices do not constitute a crime and can not be charged.
open to this if we can prove that the burden of proof on the issue falls proof of the unit body, Li Zhuang units issued can not be proven false, there is no evidence that it can do this. If it is evidence of people doing their own false testimony, and that responsibility is conceited. Gong in the end do any good, Li Zhuang do not know in advance, should someone else told him.
solicitor's duty is to help the defendant, and prove his innocence, Zuiqing, or reduce the punishment. Therefore, the real guilty person, provided a number of statutory lighter, mitigating circumstances, such as merit, turned himself in and so on. So, Li Zhuang, as the defendant's counsel, the obligation to regulations, inform the parties.
ten
media accused the details: vanguard, did not understand. legal profession that the law firm has never done so. law firm is very much a case is handled by a lawyer for many, if any of that income to a lawyer to do so, is not exhausted ! and Where is the necessity to do so?
as read, it is impossible to defend.
details XI
media allegations: silly people, more money, and speed to In order to increase the income of Beijing lawyers to such a collective advertising people? This is for the money he is selfish and self-image of any means contrary to the media portray.
Secondly, no lawyer is not received in time will be commissioned to Chongqing, to accept such cases if the lawyers are agents, then a lawyer in Beijing and the country will flock to it there really a : ; such consequences.
this statement so that the defender is speculation that Li Zhuang moral code out of the lower story, or a joke written by Li Zhuang.
Li Zhuang even say this, and what is suspected charge be? is perjury you?
media speculation that the practice is not very serious, have swarmed Die Gang Gong media quoted the testimony: was beaten, suspended, and he said yes, then the line, he asked me to say in court, the court said loudly, when I want to remind you, want to ask you, when you say it out loud and to do action, how the crane, how many days hanging out. said: Gang Gong people die (this time is the witness), I blink mean you know? Gang Gong mode that I know I was torture to me, then I have to Li Zhuang told him, kill, you got it wrong, ask the court to be accused of intentional homicide I fishes, I should not be accused of perjury. Among the revolution: the blink this physiological phenomenon will bring their own impending massacre of the!
from the published terms of the plot can be derived is: Now that has all of the live video, can not find an abetting the words to testify Li Zhuang, Li Zhuang actually did not say that anything inappropriate, then, had said he was , it is impossible to abetting. the face of illegal ...