Who are the lawyers to Jueya

May 2006, Ukraine has Ukrainian Eastern Municipal Court of First Instance ruled that the water on bribery 780,000, including the Zixu lawyers sent to the 8,000 yuan. Because the water from its main facts have no objection to taking bribes, lawyers and Zixu friends such as whether the Lishangwanglai bribery finds that the sentence is almost no influence, so there will be no appeal.

December 2006, virtual Provincial Justice Department to a group suspected of bribing judges to lawyers to administrative punishment, which is also Zixu lawyers. Zixu defence lawyers in the hearing that his book on the water and the exchanges between the Lishangwanglai was a friend, the specific reasons are as follows:

1, I was on the water with a friend for many years, this city in Uzbekistan is well known that the fact that the Court of the Eastern Ukraine and I will be on the water between the economic exchanges only in the amount of money on the simple addition and subtraction, without taking into account of The existence of water on that, on bribery 8,000 yuan is wrong.

2, we assume that the water on the act of taking bribes, I do not exist the question of bribery, because I have never sought any benefit to the water on to the gifts. "Criminal Law (sub) and a new interpretation of the provisions of the new" On the non-bribery and bribery, stressed: In order to reap the legitimate interests of sending money, does not constitute a crime of bribery, but accept the property of national staff can still pose a The crime of taking bribes. Embodies the national legislation on the civil service to set strict demands. In this sense, not any time bribery, and bribery at the same time constitute a crime, the two sides do not need an accomplice. This shows that even under this assumption, I also out with bribery Furthermore, the judgement only on the water that I gave 5,000 yuan, that I did not bribery.

3, in accordance with the "Criminal Law" of the 389th, only in order to gain undue benefit to the national staff of sending money, constitutes bribery. In this sense, I am farther away from the bribery. I give the water on gifts because he gave me gifts, the two sides are friends, not to gain undue advantage.

4, I assume that the verdict on bribery to 8,000 yuan in water, then I do not have any effect, because the Eastern District Court of Ukraine on the water and bribery trial of a case, I did not notice appeared in court Testimony, "the Code of Criminal Procedure," the first 47 clear Provides that: "the testimony of witnesses must be in court after prosecutors, victims and the accused, both sides questioning counsel, Testimony, listen to the testimony of witnesses and after the investigation, the order as the basis for a final decision." Ukraine court in the Eastern appearance, I did not notice the circumstances, even the prosecutors do not refer to transcripts of the investigation, only according to their own subjective assumption that the water, I received the 8,000 yuan for taking bribes or assumptions that my actions as bribery, It is illegal, I do not have any meaning.

然而. Through the hearings, virtual Provincial Justice Department lawyers still believe that the conduct is Zixu bribery, based on the "core evidence" That is the verdict. They believe that there is a bribe and bribery. They also admitted that the defence lawyers Zixu some reason, only the judgement that they only recognize the fact that, while not admissible Zixu the defence lawyers, and even the Eastern Ukraine court judgement is based on the prosecution's investigation to verify the record can not be, because they are no The right to the judgement of the Court for review. They told Zixu lawyers, you have ability you want ways to overthrow the Ukrainian share of the Eastern judgement, the court found that as long as the Eastern Ukraine on the water at 8,000 yuan you are not taking bribes, you do not exist the question of bribery.

Zixu lawyers are helpless to say: That the judgement, he is only a witness, he is also non-party non-judicial organs, so he can not overturn a judgement, this is a road to ruin. But our judicial administrative organs in knowing That judgement in the process (no notice of witnesses appeared in court Testimony) and entities (the normal between friends found a gift for taking bribes) there is an obvious problem, still use it to punish lawyers, no doubt Is the consumption of poisonous tree fruit.

Virtual Provincial Justice Department but it becomes all the more helpless, they said, according to the Constitution, they are obliged to respect the people's court's judgement, but has no power to review the judgement of the Court, even if there is a clear That judgement error.

I relate this situation to Zixu lawyers that he give up the hearing or administrative proceedings, had diverted to other utilities. Zixu lawyers can be said: I am not for myself, Beijing, a lawyer told me that this is what the whole of China Law Society. If the Provincial Justice Department based on a virtual procedures in both entities and there is an obvious error of judgement to the punishment of lawyers is no doubt in our legal system damage, if this precedent set, the entire Chinese lawyers will be imminent disaster. Because any court or prosecutors can not look at them to a lawyer Chejin Shunyan a criminal case where, as long as they forged a lawyer's "testimony" can get on the court read out, anyway you lawyers just a witness , Does not intend to present in court Testimony to inform you, you had no right of entry into force of the ruling start retrial procedures, and judicial administrative organs only recognized judgement do not know the facts, that allows you to "school" you have "school." As a result, Let's lawyers have Huolu? »

Whether you believe it or not, I really can not for themselves. I was being entered for the legal profession and the ranks of lawyers who are exhausted colleagues, Zixu lawyers said some excitement. Because I the lawsuit on the use and will not do lawyers, revoking their licenses have been speaking to me or not does not matter.