Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)aaapublished in(发表于) 2014/8/14 8:19:51 Wu Ying requires off-site investigation after the agents were caught， the Dongyang police did not accept the
Legal evening news (reporter Hong Xue) think Dongyang City Deputy Mayor Chen is in charge of the Dongyang police work and administrative relationship exists, thus requiring the Dongyang police shy away from Wu Ying agent Lin Wencai and father Wu Ying Wu Yongzheng suspected offence of false accusation case instead distributed by the public security authorities for investigation.
Yesterday, the Dongyang police responding to Lin Wencai and Wang Changqing and Wang Yongjie Wu Yongzheng's defence counsel, arguing that the two Beijing lawyers "jurisdiction challenge" baseless, inadmissible.
This morning, the two lawyers complained to Dongyang, Jinhua city, people's procuratorates and the public prosecutor's Office, respectively, asking Dongyang city people's Procuratorate for examination and ordered police to withdraw the case.
Arguing the Dongyang police jurisdiction requirements to avoid
Today is the 17th day Lin Wencai was detained by the Dongyang police.
On July 23, Wu Ying 6 properties sold at auction. Agent of Wu Ying Lin Wencai was said to the media that day, Wu Ying, Vice Mayor of Dongyang city discipline supervision departments to report to their superiors Chen suspected of taking bribes, Chen has "asked Wu Ying for a hundred thousand of".
On July 26, the Dongyang city government official said micro-confirmed: Wu Ying, Vice Mayor of Dongyang city, Chen did not involve bribery. On July 30, the official news release, Dongyang, Wu Yongzheng, Lin Wencai suspected offence of false accusation, was detained.
The afternoon of August 1, Lin Wencai and Wang Yongjie Wu Ying father's defence counsel and Wang Changqing to Dongyang City Public Security Bureau issued a "jurisdiction challenge books", requiring the Dongyang police shy away from the case.
Wang Yongjie points out, the "off-site investigation", first, because Chen was Deputy Mayor of Dongyang, Ren Wuying asset disposal group leader, Wu Ying's assets are seized by Dongyang City Public Security Bureau. Dongyang City Public Security Bureau, and Chen administrative relationship exists, may affect the impartial handling of cases should be avoided.
In addition, Lin Wencai as Wu Ying appeals agents, identity is equivalent to a defender, in reference to the code of criminal procedure the 42nd article: "the Defender's alleged crimes should be handled outside counsel in charge of the case investigation Department investigation authorities", so the Dongyang Police Bureau should also shy away from the case.
The Dongyang police saw no need to avoid
Dongyang police, reporters saw the answer book on the objection to the jurisdiction of the Dateline on August 8, the Dongyang police response has two: one is your second one to request the disqualification of Dongyang City Public Security Bureau first no relevant legal basis; the second is Lin Wencai Defender conditions are not met, so there is no off-site authorities which handle their cases for investigation. Therefore, two Attorney's objection to the jurisdiction of the two reasons for this Council not to accept it.
Latest ask the public prosecutor to intervene
For the Dongyang police response, Beijing zeyong Wang Changqing and Wang Yongjie lawyer law firm said it could not understand, this morning, the two lawyers in Dongyang City Public Security Bureau should not be filed for the Dongyang city, to the public prosecutor's Office and the Jinhua People's Procuratorate filed a complaint, and asked the Prosecutor to investigate and order the Dongyang municipal Public Security Bureau to withdraw the case.
Five points were raised in the petition:
Apply 1, Wu Ying Chen Shun did not sue Chen, since "you" are not, how can "falsely accused" saying? "The crime of malicious accusation" is a story falsely to others, acts of intent which may be subject to criminal prosecution in serious cases.
2, a second thought, even if Wu Ying to the departments concerned in June, and exercise of the rights provided for in the Constitution and the criminal procedure law, even reflecting inaccurate or wrong account, and is not a crime. Criminal law have the same requirement.
109th article of the criminal law "receive complaints and information staff should explain to complainants and whistle-blowers falsely accused should bear the legal responsibility. But, if it's not fabricating, falsifying evidence, even if the facts of the complaint or information discrepancy, even false advertising, also a false accusation be strictly distinguished from ".
3, if investigated by the higher authorities, even if Wu Ying and Lin Wencai reflect facts, at most bear tort liability, such as an apology, compensation for the loss.
4, should be distributed to the case investigation, Dongyang City Public Security Bureau should shy away from the case. Dongyang City Public Security Bureau and the Vice Mayor of Dongyang City Chief Chen affiliation, which may affect the impartial handling of the case, and should be avoided.
5, Lin Wencai as Wu Ying appeals Attorney, has defended Wu Ying, and investigative organs of the Dongyang City Public Security Bureau is Wu Ying. According to the code of criminal procedure the 42nd article: "the Defender's alleged crimes, should be handled outside counsel in charge of the case investigation Department investigation authority" requirement, Dongyang City Public Security Bureau also shall withdraw from the case.
It is reported that the two lawyers believe that this case up to a defamation case between individuals, belonging to the category of civil disputes, not criminal offenses. Dongyang City Public Security Bureau should not be filing case. Therefore asked the Prosecutor to ascertain the facts shall be given and Wu Yong Lin Wencai is treated impartially.
"Justice will not absent from it, have been on the road," two lawyers in Beijing said.
Reporters learned that this morning, the complaint has been sent out.
(Original title: Lin Wencai and Wu Yongzheng lawyers petition requested the Prosecutor of Jinhua)
赞