"he do not go

"Double yellow egg" under court

13 years ago,abercrombie outlet milano,http://www.360xc.com/home.php?mod=space&uid=36761, Shandong Province Dongming County Court case on two texts together with the same number, issued by the same time, only a different verdict verdict, the case for the choice of victims. Unfortunately: no copies of the judgment for which the victim predicament.

Currently, two local courts have set up an investigation group to investigate the matter.

Pan Qi Liu Huisheng trainee newspaper reporter from the bottom of our reporter Chen Lei Shandongdongming

Jianhua hands with the same conclusion, but two different case numbers verdict, a verdict that sentenced the defendant to three years in prison, suspended for five years, and the other one is sentenced to 4 years.

This is the same as the number two texts (1998) verdict east Criminal First No. 8 issued by the same time as the April 30, 1998, also covered with the official seal of Shandong Dongming County Court. The difference is that the former civil compensation, the latter does not. Although later, with BSP take on both the real criminal judgments have civil compensation, but so far he still did not get a penny of compensation.

Together the two cases [judgment]

"I am always sour legs. There are several large lead bullets, was the bun up, it just on the heels of the ribs, a walk on the ground so that you can not do heavy work ...... the whole like a living dead." Jianhua with his hands on full leg scars say "rule of law over the weekend" reporter.

These scars are the product of a courageous left 16 years ago, and after the emergence of the lawsuit courageous "double yellow egg" judgment, will occupy the same life Jianhua 13 years.

Handheld two judgments, with the BSP to the "rule of law over the weekend" reporter about what happened.

In March 1995,http://www.ju-janaito.com, with the courageous Jianhua, Li won by colleagues seriously wounded with a homemade firearm. Subsequently,giubbotti woolrich, Li won the suspicion of intentional assault was prosecuted Dongming County Procuratorate. Dongming County Court hearing, the judge on behalf of Yanchun on April 30, 1998 to receive notice with Jianhua verdict,http://x.whxy.net/home.php?mod=space&uid=192502, he went alone on crutches.

With Jianhua recalled that in the judge's office on behalf of Yanchun, she put him in front of the two judgments. Generation Yanchun told him that if he money, Take sentenced Li won three years in prison, suspended for five years, the verdict; if not money, Take sentenced Li won four years in prison for the verdict.

This is the same as the number two texts (1998) verdict east Criminal First No. 8 issued by the same time as the April 30,http://www.studio-basic.com/cgi-bin/yyregi.cgi, 1998, also covered with the official seal of Shandong Dongming County Court,http://www.acoh-re.jp/post_mail/postmail.cgi, the only difference is that the second page the verdict.

Dongming County court in a written statement on the matter admitted: two by Dongming County Court issued the verdict indeed, but sentenced to four years in prison Li wins share of the verdict is not actually served, so invalid.

Heze Peony District People's Congress Standing Committee, Shandong Lawyer Bao Wenpei clear day, told reporters in his career lawyers in decades, something like this at the same time issued two judgments, never heard of it.

Faced with such a "right to choose",http://pgy.chisa.edu.cn/forum.php?mod=viewthread&tid=412184&fromuid=23652,hogan timeactive, with Jianhua immediately to generation Yanchun, said: "If I die, I would not choose sentenced to three years of slow five years (the verdict)."

With Jianhua told reporters that when the times Yanchun said to him,louboutin soldes, if sentenced to three years of slow to accept the result of five years, with the BSP can get 30,000 yuan compensation. Otherwise, he can not get compensation.

"Who told you a courageous?" Jianhua same phrase mentioned several times on behalf of Yanchun asked.

Users in the same post where Replies Jianhua said: "The judge did not ask on behalf of the defendant with a bullet Jianhua compensation money has been very're wrong."

"I had wanted to take a post-verdict,air max tn pas cher, on behalf of the judges do not want to." With the BSP on the "rule of the weekend," told reporters, "I cried out of the office to catch up on behalf of the judges on behalf of the judges said to me: 'You two judgments are taken away, and then think about it. '"

In a written description of the sound of Dongming County Court, the reporter saw is another way of saying: "it (with BSP) to take advantage of the Tribunal is not prepared to judge on behalf of Yanchun verdict sentencing the defendant will be sentenced the two sides have not yet served four years took one. Later,nike tn pas cher, the judge found that the verdict on behalf of Yanchun stripped, they were asked the same Jianhua and produced a record, with a verdict took Jianhua admitted, the judge let the verdict will not be returned in force court, with the BSP said the verdict has been tearing it. "

In this regard, with Jianhua denied: "how do I steal from the court verdict it?"

Dongming County Court Policy Research Master Ren Jingsheng Lei told reporters: generation Yanchun judges have long sick leave,hogan scarpe outlet, and now could not be contacted. The two documents are now in the case file, the file of the case in accordance with the provisions are not at liberty to disclose confidential category.

Attractions Lei said, can defer to a higher court referrals, if will get permission before contacting reporters.

Jianhua told reporters the same, then he took the two judgments to reflect the situation Dongming Procuratorate,giubbotti woolrich, the then Deputy Attorney he said, this is simply to take the law of the country as a trifling matter.

[Retrial knot things unfinished]

May 4, 1998, the first instance verdict delivered Dongming County Court prosecutor, the victim and the accused, on this judgment reads: Li wins sentenced the defendant to three years in prison,spaccio woolrich, suspended for five years.

Dongming County Procuratorate that the case is lighter sentencing,woolrich parka,http://tenholes.com/bbs/home.php?mod=space&uid=3508541, the court Dongming judicial recommendations.

Dongming CRIC discussed and decided by the court case for retrial,http://www.tsukuba-rainbow.com, on October 15,hogan donna, 1998 issued (1998) and then the beginning of the word punishment East No. 1 decision. This time, Li was sentenced to four years of wins, losses and damages with a variety of more than 70,000 yuan Jianhua.

Jianhua pleaded with this decision, Dongming County Procuratorate to apply for a protest. Dongming County Procuratorate to lodge a protest, at the same time, with the civil part Jianhua also appealed.

June 18, 1999, Heze Intermediate People's Court ruled on the case cassation, Dongming court sent back for retrial.

Dongming County Court collegial panel shall be formed to reopen the case and make the same judgment retrial,spaccio woolrich.

Verdict shows that Li was sentenced to four years of wins and compensation for a total of 70,000 yuan with the BSP.

Dongming County Procuratorate to apply the same Jianhua protest again, rejected Procuratorate. Procuratorate to the same Jianhua said they had tried. And in accordance with the provisions of the Criminal Procedure Law, after Procuratorate refused to protest,woolrich parka, with Jianhua ordinary criminal proceedings have been exhausted relief program channels.

Ultimately, there is no mention Procuratorate protest, the defendant did not appeal.

With Jianhua said that the verdict has already made more than ten years, but the compensation has not been in place, he has not received a penny. "At the time I apply for them (Dongming County Court Executive Board) filing, they do not give stand, let me offer the property of the defendant, let me provide the defendant's car, house. (Executive Board) said, 'You can not provide, the bus State must burn much oil ah ', I have been looking for them (the Board), they just do not give filing. "

Attractions Lei on the "rule of the weekend," told reporters that happened more than a decade,woolrich prezzi, and now does court staff was not quite understand this case, "he do not go, we do not know this thing, leaders have changed good sessions of. "

[Trial like "skimming"]

With Jianhua believe that these issues are now emerging from the trial process is not standardized --- March 19, 1998, Dongming County Procuratorate on Li Dongming wins intentional injury case to court, as the victim filed with BSP incidental civil action. Case by Wei Xueling, Wudong Ju, on behalf of Yanchun collegial panel composed of three judges in charge of the trial by the generation Yanchun.

According to the same Jianhua memories of hearing the same day, only the judge and the court clerk Zhengdong two generations Yanchun scene. The other two judges collegial and did not appear.

Dongming County court reporter to verify,parajumpers, attractions Lei said:. "We formed a collegial panel,chaussures nike pas cher, Durenshenpan impossible"

When signing the court record, with Jianhua find a lot of their speeches are not recorded. Jianhua with this immediately raised the question: "on behalf of Yanchun answer me: you say so much, we might remember it and at the end of the trial record, let me a blank piece of paper to sign, on the grounds that:? You do not say You say a lot of words did not record it, a good sign after you give up on you. "

With Jianhua also mentioned a detail: the court stage of the debate, the same judge as lying asleep on the table.

Jianhua same family was sitting in the gallery that this trial is more like "going through the motions,hogan."

For these plots, the reporter to verify Dongming County Procuratorate, prosecutors, a staff member surnamed Li refused to be interviewed, saying do not remember the case.

Attractions Lei said, Dongming County Court and Court of Heze investigation team has been set up to investigate the matter for two, including the implementation of the problem is not in place. Heze Court has been sent to the court investigation Dongming, the current investigation is still ongoing.

■ Further Reading

The verdict can not be optional

For the decision to allow the parties to select this behavior, criminal justice professor at Hong Daode President Academic Committee of China University of Political Science and Law, said: "Although the law does not allow it no clearly defined,woolrich uomo, but this approach certainly is absurd, it is inappropriate and not serious . "

Hongdao De believe that the case of improper conduct at least four points exist on the proceedings.

Case mediation should be carried out prior to sentencing,scarpe hogan outlet, even now still is in the pilot phase of the criminal settlement, only before sentencing verdict were unable to hold to choose.

Even the test of reconciliation,scarpe hogan outlet, the parties should also be carried out by the legislature of any country are not allowed between the judge and the victims of this behavior, as it is clearly contrary to the neutrality of the judges.

The judgment to the parties to choose, the decision by the parties to the right of choice, and so was the state's jurisdiction over the parties became dwarfed disposition, serious damage to the legitimate exercise of judicial authority and jurisdiction.

Finally, different sentencing necessarily based on different sentencing, sentencing means different disparate factual findings. Two ruling means the same one case identified two distinct facts, which not only violates the uniqueness, but undermines the factual basis for judgment judgment.

National Association of Criminal Lawyers Committee Xu Lanting business lawyer said: "The judicial practice, this behavior can be described as rare, even for part of the criminal with civil mediation, should also be before the verdict, reached a settlement agreement between the parties by the decision is unique. and issued two judgments is definitely not allowed. "

Source: [Legal weekend]