The morning of November 20, lawyer Song Xiaolin alleged bribery case in Bengbu, Anhui Province, Anhui Province Court of second instance. He denied all allegations by the prosecution in court, and said it was a case of forced confessions, confession by inducement. Court Court ruled that some of the facts are not clear in the present case, remanding.
Previously, the case involved two major bribery investigation stage is confession Song Xiaolin to the bribes, but at the trial, were in court again denied bribing song facts, two people involved in a bribery case in the second trial after remand.
Outside the Court, the surging News (www.thepaper.CN) interviews found, huaiyuan County Prosecutor's Office in the course of investigating the case, did not show any seizure, freezing funds legal instruments alone Song Xiaolin handwritten note, from the law firm where the song out of 1 million yuan in huaiyuan County Prosecutor's Office account. This money is not submitted with the case, was not reflected in the file.
Anti-corruption Bureau Director Hou Jianshu huaiyuan County Prosecutor's Office said in an interview, 1 million Song Xiaolin initiative submitted, does not belong to him, and irrelevant in the present case, account is still in huaiyuan County Prosecutor's Office, the court case will be returned to the owner. But in court that Song Xiaolin, 400,000 of whom are lawyers fees charged, the public prosecutor's Office at the time of audit considers that "much", a refund.
Lawyers said were confessions in court, confession by inducement
Song Xiaolin of Anhui high speed law firm (hereinafter referred to as high speed law) lawyers for suspected bribery by the Prosecutor's Office investigation in huaiyuan County in December 2013.
In October 2014, huaiyuan County prosecutors on the prosecution. Lawsuit claims Song Xiaolin ren law firm Director at high speed during the occasions when bribes Anhui Expressway Company (hereinafter referred to as Anhui high speed) State officials such as Li Jiezhi, Director of finance, more than 1.45 million Yuan beginning with the bribe of 8.
In June 2015, huaiyuan County Court made a verdict on the case, 6 believed to be prosecutors alleged bribes of more than more than 1.32 million Yuan, sentenced Song Xiaolin to 10 years of imprisonment for 3 months.
Song Xiaolin appealed against sentence, huaiyuan County Prosecutor's Office in the first instance is not involved 50,000 Yuan on charges of bribing a guilty finds appealing.
On November 20, the Bengbu Yuan in huaiyuan County Court of second instance in this case. Song Xiaolin said in court statements, the Court of first instance found 1.32 million yuan of bribes of myth, his confession of guilt in the Law Faculty of forced confessions, formed under the confession by inducement.
Song Xiaolin said that while he was under residential surveillance, investigators questioned fatigue for a number of days, "sleep 2 hours a day", not bath cause hip fester, was interrogated for more than 30 days prior to any records for the period, investigators repeatedly final guilty plea for reconciliation record.
File information shows that Chu Jianquan in huaiyuan County Prosecutor's Office investigators and others have issued instructions saying, the whole case and the interrogation process, strictly in accordance with the provisions of the handling, no act of confession, a confession by inducement, cheat on offer.
The judgment of first instance finds that the video display, Song Xiaolin was no exception when questioning, did not reflect the confession or confession by inducement, the investigators of illegally obtaining evidence. This Song Xiaolin in court argue that interrogation video is "on a good condition first and then recorded", the talk began only two hours of video record, did not comply with the requirements from the entered the interrogation room videos.
Bribes, mainly taking bribes per capita retraction
Song Xiaolin.
During the hearing, defense lawyers presented evidence that the case at first instance found that the two bribery Anhui high speed financial director Li Jiezhi, Anhui Expressway finance staff Suo Wenwei, during questioning of Song Xiaolin who denied the bribery allegations.
Charges against Song Xiaolin and Li Jiezhi have given testimony, said he and Song Xiaolin who is a colleague and countryman, Song Xiaolin Presidency of Anhui high speed legal counsel, introduction to business, and to provide help and to receive Song Xiaolin thanked 1.3 million Yuan.
However, in January 2015, Li Jie, when the trial of the first instance, he said in court: "the first Song Xiaolin 1.3 million bribery facts I have not received a cent, just received his smoking and drinking at holiday time, received no money, cards are admitted because when questioned against his will. "On the subsequent pleadings, Li Jie, also known as" 1.3 million Yuan is baseless speculation. "
Song Xiaolin Li Jie, a bribe of 1 million Yuan, on the evidence in the controversy.
Lawsuit claims the source of 1 million is divided into two parts, that Song Xiaolin in their personal business lawyer at a high speed of royalty more than 800,000 yuan, and his wife, personal bank accounts to extract more than 200,000 yuan. File evidence that part of 200,000 yuan for more than a month (October 3, 2010 to November 15) 13 times removed, 800,000 yuan is also several times at high speed within a month law firm claims removed.
This Song Xiaolin said in court, 1 million are in the making, of which 200,000 yuan coffee shop is actually his wife's operating expenses, the remaining 800,000 yuan is handling cases throughout the law firm from September 2010 to December cost, wages commissions and other expenses, and has been handling Attorney and actual payments, cannot all be used as a "bribe". Hebei teachers petition was convicted of extortion
Defence lawyer Mao Lixin ne bis in idem Song Xiaolin said, raising the money several times, the amount is accurate to single digits, counterintuitive, source of bribes is not clear, and where there is no identified. "Prosecutors say 1 million bought by Li Jie gave Cheng Ping Xin an financial company shares, but and Cheng Ping of the testimony in the case. Written replies of the public prosecution service on December 1, 2014: the testimony in the case of Li Jie Cheng Ping, huaiyuan County, has been transferred to the Court. But in fact there is no evidence in the files, the evidence seen so far. "
In addition to Li Jie, at another bribe Suo Wenwei trial Song Xiaolin to bribe its denies. Cable at the Court of first instance said, "has no objection to prosecutors alleged facts, just speak to you, I have put forward for Song Xiaolin over 20,000 yuan, but my impression is no." Cables and again requested in the petition, "the amount should be deducted".
It is understood that, at present, Li Jie and Suo Wenwei II were sent back for retrial.
Prosecutors get out 1 million
Huaiyuan County Prosecutor Song Xiaolin handwritten note, from the law firm where the song out of 1 million Yuan to the Hospital account.
Surging current high-speed law firm Director Zhang Peng told the press in January 2014, Song Xiaolin case investigation, huaiyuan County, two investigators of the Prosecutor's Office with a handwritten note Song Xiaolin, from high-speed huaiyuan County, set aside 1 million Yuan to the public prosecutor's Office in the law firm account bank accounts.
Peng said that he transferred the money as requested, but investigators did not show any seizure, freezing and other legal instruments, also failed to produce any receipts, he does not know the nature of the money.
Zhang Peng Song Xiaolin provided signature note says: "due to Chinese banks should return to failure to return 600,000, Allianz back in Anhui has not returned to the 400,000 already in the Office account, now divided into the following accounts". Note listed a bank account named in huaiyuan County people's Procuratorate.
Surging news notes that the Song Xiaolin judgments dossiers and other materials in the text made no mention of the money.
November 20, participation investigation Song Xiaolin case of huaiyuan County Attorney anti-corruption Council Secretary Hou Jianshu in accept surging news interview Shi said, this pen money is Song Xiaolin active for said and requirements handed Attorney of, currently also in huaiyuan County Attorney account Shang, "because this money not involved, so at we didn't issued seized decided book, also no into volume, only to high-speed law by issued has a administrative institutions receipt".
Hou Jianshu said they had to bribe lingban Song Xiaolin command center of the Anhui provincial procuratorate body, be instructed "to put money down, after the end of the case".
Hou contributions, according to Song Xiaolin said, 1 million yuan in two pens, one song in Anhui high speed and while Huaxia Bank one project settlement, one song in Anhui Anhui Allianz subsidiary settlement at high speed. Song Xiaolin for Anhui high speed agency business for a long time, this sum of money for the high-speed account. "According to what the song said, money should be part of Anhui high speed. "
Asked why money is not returned to the Anhui high speed, Hou achieved because the case is not over, and said: "we will refund the money to the Anhui Expressway, and returned to Anhui high speed discipline. "
Lawyer Mao Lixin believes that handling the money can be seized and frozen there are two, one is the money, one is the illegal income. According to the provisions of the criminal procedure law, for sealing up, distraining or freezing of property, identified as irrelevant to the case, shall be refunded within the 3rd. "And irrelevant to the case, received the money in huaiyuan County Prosecutor's Office has no basis."
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