The second trial of the case of Fushun's intercepted case quietly sentenced the lawyer to say the result is unfair

Source: Internet
Author: User
Keywords Murder
Tags .net broke change cut off high net not to public
The defence counsel was quietly replaced, without the knowledge of the defendant's guardian.  Ling, the former acting lawyer, said this is the story of the Yang Jia case repeating "Caixin net" (reporter Zhang Yanling) in 2010, a high concern of the public opinion of the Fushun censored homicide (related reports see "New Century" weekly, 2010, the 31st "Fushun cut off the murder of the Ecological"), second instance in 2010 quietly announced upheld the verdict Former deputy lawyer Beijing Ling law firm, the second instance of "secret trial", and the defendant Zhao Mingyang Guardian is not aware of, the defense lawyer is replaced by others, which is very strange.  He plans to appeal to the highest court in Liaoning province next. The demolition of the case with the village land expropriation and demolition of villagers ' village committee of Contradictions.  October 9, 2009, because the villagers believe that the village demolition compensation allocation unreasonable, collective land of the remnants of the village cadres were subcontracted to relatives, Zhao Mingyang Uncle Zhao Xianjun Organization more than 200 villagers to the development zone CMC petition. Petition the day before, small tile village Village Secretary Shang had a triad background of gangsters to Zhao Mingyang home threat.  According to Zhao Mingyang mother Zhang Apricot Memories, that night Zhao Mingyang father Zhao Junhua not at home, a group of people with knives broke into the house, there is a person will put to Zhang Apricot neck threat, ask Zhao Junhua not to participate in petition.  Zhao Mingyang participate in petition is accidental, because the number of petitioners more than expected that day, the original home Zhao Mingyang was woken up to help drive; In the petition, encountered the day before yesterday broke into Zhao's family gang cut, the leader is a triad background, a number of prison Ye Xia. As a result of petition villagers Wang Xingyuan head injury, both sides clashed. In the fighting, Zhao Mingyang with the hands of a fruit knife into a named Bruce Lee's body. Bruce Lee, who was slowly poured into a pool of blood, was kicked and beaten by the villagers who followed, and then died.  After forensic identification, Bruce Lee was stabbed with a knife in the abdomen caused left lung heart and left kidney rupture and death. July 28, 2010, the Liaoning Provincial court hearing the case, small Wah nearly 300 villagers spontaneously to the court before the Zhao Mingyang plead.  Because Zhao Mingyang belonged to minors, the court was not heard in public, allowing only Zhao Mingyang attorneys and their mothers to enter. Before the National Day of 2010, the Chinese court of Liaoning province made the first trial judgment, the 18-year-old defendant Zhao Mingyang was sentenced to 8 years imprisonment. The former village secretary, who was interviewed by the group, was sentenced to 06 months a year suspended for two years. Ye Xia, the gang leader involved in the visit, was sentenced to 02 months ' imprisonment for trespassing on the premises.  October 8, on the first day after the National Day holiday, Zhao Mingyang's parents sent the appeal to the Chinese Academy of Liaoning Province and the High Court, and the acting lawyer Ling sent the "power of Attorney" by mail.  Qiao Change lawyer Zhao Mingyang's Guardian Zhang Xing Sheng told Caixin reporter, November 19, 2010 see Liaoning Province High courtyard named Liunana second judge, then has been unable to get contact. Zhang Apricot students commissioned by the lawyer Ling has been to the court time, played the Court home page left four criminal court phone, but no one answered. January 201118th, Zhang Apricot received the second trial "upheld the verdict" of the verdict, but found that the lawyer became "Liaoning Heng Yu law firm," lawyer Zhang Yingjie.  Baidu Search found that the defense of Zhao Mingyang second trial in Liaoning province Heng Yu law firm, on December 22, 2008, the same day Fushun Yongkang secretary attended. Zhang Apricot recalls, Judge Liunana had advised its change lawyer, but was expressly rejected. January 19, 2011, after the court final decision, Zhang Apricot to see Zhao Mingyang in prison, and learned that Zhang Yingjie had to prison, let Zhao Mingyang signed an "appeal book."  The original lawyer Ling analysis, the document is most likely in Zhao Mingyang uninformed, signed the "Entrustment agreement." Ling that, Zhao Mingyang the fashion is not 18 years old, belong to minors. The lawyer's principal agent shall be handled by his guardian.  The court has no right to change counsel without the knowledge of its guardians.  The dispute continues Ling that the newly-replaced lawyer did not do his job in defence. He said the court decision did not take into account the causes and consequences of the crime. Ye Xia led the gang, had to Zhao Mingyang home threatened his father not to take villagers petition. On the day of the murder, Zhao Mingyang discovered that Bruce Lee was the one who broke into the house and threatened his mother. Ling also pointed out that although the result Zhao Mingyang will kill Bruce Lee, but Bruce Lee is the more than 30-year-old prime, Zhao Mingyang is only under 18 years of age children. Forensic autopsy results show that Bruce Lee is a positive injury, should be the two sides after a tussle, attacked by Zhao Mingyang. Zhao Mingyang should be defined as "justifiable defence" or "excessive defence".  But lawyer Zhang Yingjie did not mention it in his defence. In addition, Ling stressed that the existing law, if the first instance of the facts are controversial, second-instance lawyers can apply for a hearing.  The "Zhao Mingyang is justifiable defense" in the first instance of the determination of the dispute, but the final verdict shows that the lawyer Zhang Yingjie did not request a hearing. Ling that the village villagers repeatedly for Zhao Mingyang, first trial still sentenced to minors Zhao Mingyang imprisonment for 8 years, sentencing overweight, "generally atrocious, habitual offenders, recidivism will be sentenced to such a sentence." Moreover, in his view, this kind of tragedy happened, not Zhao Mingyang, and the local government, public security organs of the omission of the relationship.  The victim's own fault, and Zhao Mingyang performance, the family active compensation, should be able to get a commutation. "The organization of the Shang, Triad leader Ye Xia now have come out, only our family Zhao Mingyang still in prison, the most should not assume responsibility for the responsibility of the people, is unjust," Zhang Xing Sheng said.
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