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) 2014/12/14 9:10:13 The NIE Shubin mother
According to Xinhua News Agency, according to information released by the Supreme People's court official micro-blog on 12th, according to the Hebei provincial higher people's Court and Supreme People's Court the spirit of the relevant provisions of the law, decided the NIE Shubin of the Hebei provincial higher people's Court of final appeal case of wilful killing, raping women, instruction, Shandong provincial higher people's Court for review.
Court supervision Court of first instance said that the review work is the people's Court shall determine whether the case should be retried the necessary procedure, and is integral part of the procedure for trial supervision. The NIE Shubin's case is complex cases with great social concern. In order to ensure judicial justice, and effective response to people's concerns, according to the Hebei provincial higher people's Court and Supreme People's Court about the spirit of the law, Shandong provincial higher people's Court decided to case the NIE Shubin instruction off-site review, and request review process in accordance with public law, fully reflect the objective and impartial.
What procedures will apply to Shandong higher people's Court for review, the NIE Shubin case can hire lawyers, lawyers take the marking problems, the official said, Shandong higher people's Court in accordance with the criminal law, and the Supreme People's Court on the application of < People's Republic of China criminal law > sought review of the NIE Shubin's explanation of the relevant procedures. Specific review work in strict accordance with the "open, fair and just" principles of law.
Criminal Law Article No. 241, the party or his legal representative or his near relative, against a legally effective judgments or orders, to the people's Court or Procuratorate to lodge complaints. The Supreme People's Court on the application of < People's Republic of China criminal law > interpretation of Article No. 371, complaints to lawyers on his behalf. Therefore, the appeal on his behalf the NIE Shubin's close relatives can hire a lawyer. According to the spirit of the relevant provisions of the criminal procedure law, delegate appeals on his behalf the NIE Shubin near relatives's lawyers can refer to, excerpt and copy relevant dossier.
The official also said the Supreme People's Court has obliged the Shandong High Court notify the lawyer under review progress of work, and shall protect the lawyers, ask the agent to express and other procedural rights. In the process of reviewing, close relatives of the defendants and the victim can be lawyers. Shandong higher people's Court will be staffed by capable forces form a collegial panel to review the case, to ensure judicial justice, the people's Court will publicly review the case in accordance with law.
≫> reaction
Tree bin mother: complaint there is hope
Last night, the Beijing times reporters interviewed the NIE Shubin's mother, Zhang Huan. Zhang Huanzhi said through her lawyers heard the news that Supreme Court decided an offsite review the NIE Shubin, said he was very happy, "appeals for almost 7 years, Hebei courts don't even make watching files, there is an offsite review step, felt complaints more and more promising." Zhang Huanzhi also said attorneys will be contacted, "lawyer to Shandong, we certainly will follow."
Bo trial, according to the NIE Shubin's lawyer--Beijing lawyer Liu Bojin said he knew this from the microblogging messages, happy and encouraged. Liu Bojin said that as early as a month ago, he complained to the Supreme People's Court and the Supreme People's Procuratorate this matter, several other, including his attorneys have long insisted that the remote case the NIE Shubin.
Liu Bojin said to Shijiazhuang today he will meet with the NIE Shubin family, change procedures, and then will travel to Shandong province high people's Court, demanding immediate scoring. Liu Bojin believes that high court term, Hebei province, lawyers are not allowed, did not rule out the hiding of files and change, but the content of the judgement will not be changed.
Wang Shujin's lawyer Zhu Aimin said that off-site review the NIE Shubin is certainly a welcome thing. When considering cases of Wang Shujin, mother of the NIE Shubin also view.
≫> expert opinions
Review found is wrong to accountability
Last night, said Hebei province high people's court official micro-blog, the hospital based on the facts, the law and the spirit of being highly responsible for the parties, did a lot of work. Given that the NIE Shubin case complex, broad social concern, the community there are also voices calling for off-site review, which requests the Supreme Court directive to the Court to review the case. Study of the Supreme People's Court has to command the NIE Shubin case in Shandong provincial higher people's Court for review.
Last night, the Beijing times reporters about the interviews with University College of criminal justice, criminal law expert, Professor Hong Daode. According to Hong Daode introduction, criminal law article No. 241, the party or his legal representative or his near relative, against a legally effective judgments or orders, to the people's Court or Procuratorate to lodge complaints. In the decision of the Supreme People's Court has also mentioned this point, that the NIE Shubin's appeals went a step further.
In addition, Hong Daode said, whether on the basis of law or from common sense, asked the trial court to self-correct errors, it is very large. Case of instruction off-site review the NIE Shubin, more in line with reasonable and legal. In July 2013, Wang Shujin case hearing in Handan, Hong Daode pointed out that case the NIE Shubin's question where on Earth, whether the final verdict, the key lies in the original files must be open. This decision of the Supreme People's Court, referring to the protection of lawyers and relatives of the NIE Shubin's ' right. In this regard, Hong Daode said the original ad litem volumes of public, the NIE Shubin case will play a decisive role, "is it possible verdict to see which whether evidence is sufficient, the facts clearly, these situations must be through access to the case files in order to make sense."
Hong Daode said if after Shandong province High Court review and found that the NIE Shubin misjudged case is ultimately corrected, as requested by the lifelong responsibility of handling cases, Hebei investigators and does not affect the right of responsibility "by the Shandong High Court review of the case, faulty or to investigate its handling of Hebei's responsibility."
Jinghua times, Zhang Jian
(Original title: the NIE Shubin, will be by the Shandong High Court review)
赞