Lei was commuted because of serious repentance, why go back?
"Chang-Jie Zhi" micro letter public on August 9, both outside the prison and the prison, Lei was when red rhythm.
Today, media exposure, is serving a Lei to entrust defenders said in a statement: the original sentence unclear facts, insufficient evidence, complaints have been made.
See the complaint, little friends are shocked. On November 11, 2015, Lei Zheng Fu served prison his sentence commuted, Kowloon, pipe clothing taught, re-education through labour is better, repented, and make recommendations for commutation of sentence a year.
Do not have serious repentance, and appeals upheld the facts are not clear at this time, this is not repentance, is back.
Chang an Street (app ID:Capitalnews) found that this isn't the first time Lei challenge was upheld. When the Court judgement, the prosecution and defence have been hotly disputed.
The focus of the debate is: lend xiaoye, Chairman of Chongqing industrial development in a particular 3 million Yuan is borrowing among enterprises are bribes, Chairman of Chongqing City, a development company, printing a Lei Zheng Fu $ 10,000 yuan belongs to bribes, and then a Director of the hospital in Chongqing sent fan Lei 100,000 yuan of his wife returned, whether sufficient evidence and other issues.
According to the Lei Zheng Fu side of the story, the money is not illegal gains. After the verdict, Ray appeals once before but was rejected. Finally after hearing the verdict, Ray is an emotional, standing in the dock has asked for the floor. His wife Nie Yurong said "after complaints and petitions on the way, many of our family. ”
Although the ruling emotion, but Lei in Kowloon prison "serious repentance", until the advent of Appl.
On July 31, the changes former Secretary LI of Sichuan Luzhou intermediate court hearing the case of bribery. In the courtroom, Appl report said witnesses he had long engaged in the construction and real estate development in Chongqing City in 2013 for Lei-related cases under investigation, Chongqing authorities to ROM investigations, Mr hide the fact that bribes to Lei sets appearance room. Li also provides clues to the Court, that Lei was arrested "crimes omitted". Prosecutors in the trial said, Lei received the several sets of window dressing room, pending further findings of the judiciary.
Precisely because of the reports of Li, Lei Zheng Fu Cai commissioned counsel issued this statement, statement in addition to the complaints upheld the fact that unclear, mainly is responding to "crimes omitted" report. Lei Zheng Fu party position, he did not know Mr a also accept Romania's property does not exist, and from any sector to Lei Zheng Fu investigation "is suspected of taking Mr a facade", requested the departments concerned to verify the reports mentioned above.
"Crime missing" report, what does it mean? Criminal law: after the judgement, execution of punishment prior to the completion of found that convicted criminals in the judgment there are other crimes there is no decision to be declared should be judgement on the crime of newly discovered, both before and after the sentence imposed in the judgment, and punished.
In other words, if Lei Zheng Fu "crimes omitted" sit, he reduced sentences not only to "fill" go back, maybe even to be additional punishment. It, put it to who are not pleased.
So here's the thing. Since denying "crime missed" comeback informer does not have to directly. Why did three years later to question the ruling?
According to the article 21st of the prison law stipulates: criminal verdict in force, you can appeal. Prisons in the course of execution of criminal punishments, according to the criminal complaint, believe that the error is possible, should be brought to the people's Procuratorate or a people's Court, people's Procuratorate or a people's Court shall prisons was submitted for processing the submissions received within 6 months from the date the results inform the prison.
However, according to the criminal law on the "commutation" conditions, no direct correlation to appeal the sentence and commutation. What if a wrong verdict? From the famous case of Chen Man, can only be revoked the trial judge again pronounced.
In other words, Lei's statements are not only struggling with the length of the sentence, but always has a "my son is innocent," the heart of this and before sentencing, he "traced".
Friends in the legal profession have pointed out, Lei's move might have come from his Association to the existing facts, such as his the Appl report projection of window dressing room does not belong to bribery, bribery facts more firmly convinced that the previous sentence is also similar is the case, the resulting psychological wave motion then "suddenly go back on."
If Lei Zheng Fu legal awareness, awareness about the illegal facts are fuzzy, his Defender is supposed not to make out of this. However, declarations, appeals also submitted.
Lei Zheng Fu Lok Ma Chau, due to an indecent video of 2012 was revealed. After fermentation, the Thunder in the community's image as "the lump Leng coarse" bad officers. However, he really "lump Leng coarse"? Today's statement, people are different.
"This article has been access to micro letter public," Chang-Jie Zhi "official authorization and welcome (app ID:Capitalnews)"
(Editors: Dou Yuan UN833)
2016-08-09 20:46:01
Surging
雷政富刚因认真悔罪被减刑，为何突然反悔？
“长安街知事”微信公号8月9日消息，无论是在狱外还是狱中，雷政富都是要当网红的节奏。
今天有媒体曝出，正在服刑的雷政富委托辩护人发表声明称：原审判决事实不清、证据不足，已经提出申诉。
看到这一申诉，小伙伴都惊呆了。2015年11月11日，雷政富服刑的九龙监狱认为他能认罪悔罪，听管服教，劳动改造较好，有悔改表现，提出减刑一年的建议。
不是已经认真悔罪了么，这个时候又来申诉原判事实不清，这可不是悔罪，是反悔。
长安街知事（微信ID：Capitalnews）发现：这并不是雷政富第一次质疑原判。当时法庭判决时，控辩双方曾发生过激烈的争执。
辩论的焦点是：重庆某实业开发有限公司董事长明某借给肖烨的人民币300万元是企业间借款还是受贿款、重庆市某发展有限公司董事长印某给予雷政富的1万元美金是否属于受贿款、时任重庆某医院骨科主任的范某送雷政富妻子的10万元人民币是否归还、证据是否成立充分等问题。
按照雷政富一方的说法，这些钱都算不上违法所得。一审判决后，雷上诉过一次但被驳回。最终听完宣判时，雷显得情绪激动，站在被告席上要求发言。他的妻子聂玉荣则表示“以后在申诉和上访的路上，多了我们一家人。”
尽管对判决有情绪，但雷政富在九龙监狱“认真悔罪”了，直到李波的出现。
7月31日，四川合江县委原书记李波涉嫌受贿一案在泸州中院开庭审理。在庭审现场，李波举报称，证人罗某曾长期在重庆市从事建筑工程和房地产开发，2013年因涉雷政富案而接受调查，但重庆有关部门向罗某调查时，罗隐瞒了向雷政富行贿几套门面房的事实。李波还向法庭提供了线索，认为雷政富案涉嫌“罪行遗漏”。公诉人在庭审中称，雷政富是否收受了这几套门面房，有待于下一步司法机关的调查结果。
正是由于李波的举报，雷政富才委托辩护人发出了此次的声明，声明除了申诉原判事实不清外，主要就是回应“罪行遗漏”举报。雷政富一方表态，他并不认识罗某，也不存在收受罗某财物的事实，且从无任何部门向雷政富调查其“涉嫌收受罗某门面房”的情况，请求有关部门对上述举报进行核查。
“罪行遗漏”举报，这意味着什么？刑法规定：判决宣告以后，刑罚执行完毕以前，发现被判刑的犯罪分子在判决宣告以前还有其他罪没有判决的，应当对新发现的罪作出判决，把前后两个判决所判处的刑罚，实行数罪并罚。
也就是说，如果雷政富的“罪行遗漏”坐实，他减去的刑期不仅要“补”回去，说不定还要加刑。这事儿，搁到谁身上都不乐意。
那么问题来了。既然否认“罪行遗漏”，直接回击举报人不就得了。为什么时隔三年又来质疑原判么？
根据我国《监狱法》第二十一条的规定：罪犯对生效的判决不服的，可以提出申诉。监狱在执行刑罚过程中，根据罪犯的申诉，认为判决可能有错误的，应当提请人民检察院或者人民法院处理，人民检察院或者人民法院应当自收到监狱提请处理意见书之日起6个月内将处理结果通知监狱。
不过，根据刑法关于“减刑”条件的表述，对原判提出申诉和减刑并没有直接关系。如果判错了怎么办？从著名的陈满案来看，只能是撤销原审裁判，重新宣判。
也就是说，雷政富此次声明并不是仅仅纠结于刑期的长短，而是一直有一颗“还我清白”之心，这与宣判前的他“一脉相承”。
有法律界的小伙伴们指出，雷政富此举，可能来自他对现有事实的联想，比如，他认为此次李波举报的门面房不属于受贿，于是更加坚定地认为此前判决的受贿事实也属于同类情况，由此产生了心理波动既而“突然反悔”。
如果要说雷政富法律意识淡薄，对违法事实认识模糊，那么他的辩护人按说不会跟着闹这么一出。然而，声明发了，申诉也提交了。
雷政富的落马，缘于2012年被曝出的一段不雅视频。事件发酵后，雷在社会上的形象被塑造为“傻大愣粗”的坏官。然而，他真的“傻大愣粗”么？今日之声明，让人大开眼界。
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(责任编辑：窦远行 UN833)
2016-08-09 20:46:01
澎湃