ZhangPu County Prosecutor's Office. Surging journalist Wang Xuanhui
On December 24, 2016, surging News (www.thepaper.CN) from ZhangPu County, Zhangzhou city, Fujian province, land and resources Bureau supervision team of former Captain Lin Yaode family and was informed by the lawyer, Zhangzhou City Intermediate Court recently for Lin Yaode final judgement: found Lin Yaode bribery, will be the first trial sentenced Lin Yaode 2 years and 8 months ' imprisonment commuted to 2 years.
In the first instance trial, the defendant Lin Yaode, their lawyers argued that case ZhangPu County Prosecutor's Office had to borrow on behalf of the Commission for discipline inspection held their 6-day detention, while the County discipline Inspection Commission was not involved in the case. This defence does not end up being the Court of first instance accepted, Lin Yaode appeal after judgment.
Zhangzhou homes has not been the case in the second instance court, instead of a written hearing. No defense attorney in the judgement of the Court of final appeal, did not mention Lin Yaode May 2015, 2 February-May 27th 5 days go.
Land Office discipline inspection group transfer certificate become evidence
On May 22, 2015, Lin Yaode in ZhangPu County Land Office were taken away. 6 days later, Lin Yaode detained on the grounds that bribery charges. Ningbo a first instance death penalty murder mother
ZhangPu County Prosecutor's Office indictment alleges that, on May 22, 2015, Prosecutor Lin Yaode bribery clues found in the case, on the same day, discipline Inspection Commission for discipline inspection stationed in ZhangPu County Bureau of land and resources of ZhangPu County Group also Lin Yaode bribery evidence transferred to public prosecutor's Office. 27th of the month, the public prosecutor's Office investigators preliminary investigation found Lin Yaode facts of crime of accepting bribes. The next day, the Prosecutor's Office decided to Lin Yaode suspected bribery investigation, decided on the same day of their detention.
May 22, 2015 May 28 where Lin Yaode became a focus of controversy.
Before trial, Lin Yaode, ZhangPu defence counsel no later than early students had applied for access to disciplinary investigation procedures related to Lin Yaode organization materials, and May 22, 2015 to May 28, Lin Yaode in ZhangPu County Prosecutor handling synchronous recording of video data. ZhangPu County prosecutors refused access, saying discipline inspection departments investigated material not part of the criminal proceedings in the present case the evidential material.
During the hearing, ZhangPu County Attorney provided proof of discipline referrals to the Tribunal, is composed of ZhangPu County Commission for discipline inspection stationed in land and resources Bureau seal of the discipline inspection group of the letter. ZhangPu County Land Office disciplinary transfer under section-level cadres group can directly access the Prosecutor's Office questioned by defence counsel.
In the first instance trial, the prosecutors allege Lin Yaode bribes of 90,000 yuan. ZhangPu County Court of first instance found that Lin Yaode bribery and sentenced to 2 years and 8 months in prison. The Court held that, in the examination of the case, investigation and prosecution work, Lin Yaode cases of illegal detention of the accused does not exist. Lin Yaode its investigators of illegal detention, their guilty in the investigation stage for the justified opinions due to torture by investigators, not to accept it.
No court judgment does not refer to "disappear" 5 days to
Lin Yaode appealed against the judgment of first instance, appeal, again in the appeals of ZhangPu County Prosecutor's Office said they were fake on behalf of the Commission for discipline inspection investigators illegally detained for 7 days and 6 nights.
December 20, 2016 Zhangzhou in the judgement of the court case. Said in a verdict, "the full Court has examined the case file material, interrogation of the appellant, that the facts of the case clearly, decided not to hold a hearing. "
"Lin Yaode is innocent but the appeal, we have to defend the Court has done a lot of preparation, I do not know why no Court convicted? "Wu Lin Yaode second trial defence counsel Fu expressed surprise. According to the criminal procedure law article No. 223, the defendant objected to the first instance's findings of fact, evidence, may affect the appeal of the conviction and sentencing should be heard.
Surging news notes, only Lin Yaode appellate opinion in the judgement of the Court of final appeal, there is no defense. Wu Fu said, defense lawyers have repeatedly written application submitted to the court hearing, but did not give a definite answer. "If told that there is no trial, we will also submit submissions, did not inform before final sentencing. "
Zhangzhou mention Lin Yaode May 22, 2015 May 27 to court decisions. Said in a judgment, the trial court found Lin Yaode on May 27, 2015, 28th in ZhangPu County prosecutors handling cases and ZhangPu County Detention Center to receive investigators questioned in the synchronization of video recordings show that investigators questioned and no confession, confession by inducement, such as illegal access, thus found appellant Lin Yaode guilty confessions made in the investigation stage is not evidence, and without undue. So the guilty confession was illegally obtained evidence against Lin Yaode comments, not to accept it.
Zhangzhou City Intermediate Court in the judgment in the Court of final appeal to the first-instance sentence Lin Yaode 2 years and 8 months ' imprisonment commuted to 2 years in prison. Zhangzhou homes believes that Lin Yaode denies bribery facts for second trial acquitted on the grounds of appeal and views have little or no factual and legal basis, cannot be established, not to accept it. But according to the facts of the crime, the nature and circumstances of the case, upheld the penalties more and should be reduced.
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