Tuesday, January 31, 2012

legislation does not allow the judge and the victims

court under the The case for the victims of choice. Unfortunately: No copies of judgments to victims of poverty.
Currently, two courts have established a local investigation team to investigate the matter.
trainee reporter Liu Huisheng Pan Qi told the reporter from the bottom of Dongming Chen Lei
hands with the BSP, there were two different case numbers are the same but the conclusion of the verdict, a verdict was sentenced the defendant to 3 years imprisonment, suspended for five years, the other is sentenced to 4 years.
these two cases is the same number (1998) East No. 8 word sentences beginning of the verdict, issued by the same time as the April 30, 1998, also covered with the seal of the Court of Dongming County, Shandong Province. The difference is that the former are civil compensation,MBT UK Store, the latter does not. Although it has, both on the same real punishment Jianhua take another civil compensation judgments, but so far he still did not get a penny of compensation.
two judgments [case]
on a walk on the ground ... ... so you could not do heavy work, the same as a Land of the Dead.
these scars are left behind 16 years ago, the product of a courageous, but courageous lawsuit after the emergence of the
holding two judgments, with the BSP to the
1995 March courageous with Jianhua, Li won by colleagues with a homemade gun and seriously wounded. Subsequently, Li won the suspicion of intentional assault by Dongming County Procuratorate for prosecution. Dongming County Court trial, the judge on behalf of the Yan-Chun on April 30, 1998 Jianhua receive notification with the verdict, so he went alone on crutches.
with BSP, recalled that the judge's office in behalf of the Yan-Chun, she put two judgments before him. Behalf of the Yan-Chun told him that if he had money, they took sentenced Li won three years in prison, suspended for five years, the verdict; if not money, Take sentenced to 4 years in prison Li won the verdict.
these two cases is the same number (1998) East No. 8 word sentences beginning of the verdict, issued by the same time as the April 30, 1998, also covered with the seal of the Court of Dongming County, Shandong Province, only one difference is that the second page of the verdict.
Dongming County Court in a written statement on the matter, admitted: two judgments issued by the court did by Dongming, but sentenced to four years in prison Lee wins the actual share of the verdict does not send up, so is invalid.
Mudan District,MBT Women's Tataga, Heze City, Standing Committee of Shandong was clear Lawyer Baowen Pei told reporters, lawyers in their professional career for decades, the two decisions issued by the same time as this matter has never heard of.
the face of such a
with Jianhua told reporters, when the times Yanchun said to him, if slow to accept sentenced to three years, the result of five years, with the BSP can get 3 million as compensation. Otherwise, he can not get compensation.

Jianhua users in the same post in comments like: copies of judgments, on behalf of the judges do not want to. 'The sentence has not been served on both sides took a verdict later, the judge found the verdict on behalf of Yanchun stripped, they asked the same Jianhua and produced a record for the same recognition Jianhua took a verdict, the judge effect of the verdict is not allowed to return to court, said the verdict has been with the BSP of its tear. p>
Dongming County Court Policy Research Master Ren Jingsheng Lei, told reporters: generation of long-term sick leave Yanchun judges have now could not be contacted. The two documents are now in the case file, case files are confidential in accordance with the provisions of public areas is not random.
attractions Lei said, you can consult to a higher court on behalf of, if will be allowed to re-contact correspondents.
with Jianhua told reporters later, he took the two judgments reflect the situation to Dongming's Procuratorate, the then Deputy Attorney General Zhang Junling said to him, this is simply to get state laws as a trifling matter.
unfinished [matter] retrial Case Closed
1998 年 5 4, Dongming County Court of first instance verdict delivered public prosecution, the victim and the accused, the verdict on the written a: sentenced the defendant to Lee won three years in prison,Puma Kimi Raikkonen, suspended for five years.
Dongming's Procuratorate that the light sentences handed the case to the Court for a judicial Dongming recommendations.
Dongming County Court for retrial after the trial committee discussed and decided the case on October 15, 1998 issued (1998) East early word sentence and then No. 1 decision. This time, Lee was sentenced to four years won, and compensate with the loss of 7 million yuan of BSP.
pleaded with Jianhua this decision, apply to Dongming's Procuratorate protest. Dongming County Prosecutor's protest at the same time, the civil part of the same BSP also appealed.
1999 年 6 18, Heze area cassation ruled on the case intermediate, back Dongming County Court.
Dongming court formed a collegiate bench to reopen the case further, and make the same decision with the retrial.
verdict shows that Li was sentenced to four years won, and compensation totaling 700 million yuan with the BSP.
Dongming County Procuratorate with the BSP application to protest again, was Procuratorate refused. Procuratorate to the same Jianhua said they had tried. In accordance with the provisions of Code of Criminal Procedure, the prosecuting attorney refused to protest, the BSP has been exhausted with the ordinary criminal procedure in the relief channel.
end, prosecutors did not protest filed, the defendant did not appeal.
with Jianhua said that the verdict has made more than ten years, but the compensation has not been in place, he has not received a penny. State how much oil was burned ah ', I have been looking for them (the Board), they just do not give filing. Court staff does this case was not quite understand, ]
with the BSP believes that these issues are now emerging from the trial process is not standardized --- March 19, 1998, Dongming's Procuratorate on the case of intentional injury Lee wins court to Dongming prosecution, the victim filed with the BSP as an incidental civil action. Investigations by Weixue Ling,Adidas F30 TRX FG, Wu Dongju,puma ferrari, on behalf of Yanchun by the full court of three judges on behalf of Yanchun adjudicated.
Jianhua under the same memories,Puma Future Cat, the date of the hearing, only the judge and clerk on behalf of Yan-Chun Chung Dong-two present. Full Court of the other two judges Weixue Ling and Wu Dongju did not appear.
Dongming County court reporter to verify, King Sheng Lei, said: Jianhua found his speech was not a lot of records. Jianhua immediately with this raised the question: Many of you do, then there is no record, a good sign after you give up on you. .
with Jianhua's family was sitting in the gallery, that this trial is more like
the above circumstances, the reporter to verify Dongming's Procuratorate, the Procuratorate staff member surnamed Li declined to be interviewed, saying do not remember the case.
attractions Lei said, Dongming County Court and the Court has established in Heze, two investigation teams to investigate the matter, including the implementation of the problem is not in place. The hospital has been sent to Heze Dongming court investigation, the present investigation is ongoing.
■ Further reading
verdict can not be optional
allow clients to select the sentence for such behavior, China University of Political Science College of Criminal Justice Committee Chairman Hongdao academic, Professor that: four improper behavior.
case of mediation should be conducted before sentencing, even now in the pilot phase of the criminal settlement, can only be handed down before the verdict can not be held to choose.
even the trial of the criminal settlement,Women Puma Michael Schumacher Shoes, the parties should also be carried out by any one country's legislation does not allow the judge and the victims are between the act, because it is clearly contrary to the judge's neutrality.
the decision to the parties to choose from the ruling parties have the right to choose, and so was the jurisdiction of the state became the party's right to dispose of dwarf, serious damage to the judicial authority and the legitimate exercise of jurisdiction.
Finally, the different sentencing sentencing must be based on different circumstances, different sentencing means that disparate findings of fact. Two sentences mean the same case identified on two different facts, this decision not only violates the uniqueness, but also undermine the factual basis for the verdict.
Business National Bar Association Criminal Law Committee Xu Lanting said: reached a mediated agreement. sentence is the only, issued by the two judgments is certainly not allowed. Comments
microblogging Recommended | hot microblogging today (edit: SN001)

No comments:

Post a Comment