According to report of Xinhua News Agency, be suspected of raping case of gold of bloodguilty king book on June 25 again 2 careful are sessional.
"Collegiate bench decides what gold of appellant king book puts forward to this open a court session is opposite only for narrating Shijiazhuang a:appellant argument that outskirt rape, homicide makes major render meritorious service on the west undertakes cognizance. " after front courtyard careful begins 40 minutes, heibei saves tall courtyard Guan Wei to issue this information. From 2005 Wang Shujin is self-confessed for Nie Shubin case " really fierce " hind, already was executed 1995 andharrison hot spring public pool the Nie of end a case establishs Bin record, wait again eventually arrived judicatory program.
According to report of Xinhua News Agency, in front courtyard careful, gold of appellant king book formed the intended homicide fact that major render meritorious service involves to have state, paraclete, procuratorial work member also undertake to Wang Shujin ask a question is mixed respectively interrogatory.
Front courtyard careful undertook is less than two hours only, because king book Jin Bian protects lawyer Zhu Aimin to ask to consult,check just shows evidential original, the court announces to rest front courtyard. "Be opposite on whole of front courtyard careful respect of the accused person is advantageous, the forecast that some results exceed us even " , zhu Aimin tells our newspaper.
Liu Bo of appeal representative lawyer tells our newspaper today, "Without giving thought to result of careful of this front courtyard how, will have major effect to Nie Shubin's appeal " .
Front courtyard of 6 years of reopen is lain between when
Wang Shui want movancouver to harrison hot springsdern dining chairsjin already waited for 8 years in the detention house. 2007, he is ruled to handle death sentence with rape, homicide, the court maintains his 3 cases in all evil kills a fact. But in April 2007, wang Shujin puts forward to appeal, reason is check just did not accuse its are in Shijiazhuang city unexpectedly the crime that outskirt violates killing Kang Mou on the west.
And Kang Mou is killed case, already was maintained to be Zhuang Cun of the Nie below city of the spring that fasten the most popular selling norton internet antivirusa deer by final judgment of Heibei province tall courtyard on April 25, 1995 young Nie Shubin is, nie Benren already also was executed.
Nie Shubin case makes the case that legal group pays close attention to most from now on.
On July 31, 2007, 2 careful blame makes public Heibei province tall courtyard case of gold of book of sessional cognizance king. According to the report, continue to be admitted to killing Kang Mou on Wang Zaiting, express not to want to treat unjustly any innocent person. Meanwhile, nie Shubin's mother saves tall courtyard appeal to Heibei ceaselessly, but did not win ruling review up to now.
It is case of king book gold this 2 careful the 2nd open a court session, nie Shubin case returns to judicatory program with this kind of means. As to 2 careful two sessional interval are close 6 years, zhu Aimin of Wang Shujin counsel for the defence was notnorton internet antivirus in front courtyard careful demur, his report says Heibei saves tall courtyard to already obtained the supreme court batch of article about time limit problem.
Zhu Aimin says, this is sessional, disrelish the experience of the Wang Shujin that is aimed at when open a court session last guilty fact, "Did repeat simply, remaining basically is around Wang Shujin the part of case and across of case of Nie tree Bin spreads out " .
Wang Shujin's plead just did not offer new evidence, those who take out what have Wang Shujin only is self-confessed. This each manages a record for there is two in Wang Shujin records, namely Wang Shujin saved police station of Suo He district of Xing in relief city to be in Shijiazhuang city for narrating his to Henan on January 18, 2005 the rape in outskirt corn ground kills on the west the course of Kang Mou of the injured party; Heibei saved group of gumshoe of public security bureau of wide smooth county to be when gold of arraign king book on January 25, 2005, he was made same for narrating. brass faucet
And check just thinks in front courtyard careful this case is not Wang Shujin place to be, the partial evidence when showing Nie Shubin case to try, include spot survey produce the expected result to note, of family member of appraisal of legal medical expert, the injured party report a case to the security authorities the investigation of husband of material, the injured party notes, and the photograph of the beautiful shirt that a spot finds. But these evidence all are Xerox, "And did not refer to the court before open a court session " , zhu Aimin says.
Zhu Ren pledges to its court for this card brings inconvenience, the court also asks check just shows the provenance of these photocopy, the Heibei province that check just weighs to come from Nie to establish Bin record combines board of inquiry. Zhu Aimin not the authenticity demur with respect to board of inquiry, but think Xerox is unwarrantable evidential authenticity, requirement check just refers evidential original and read roll.
Although be called inside course of study " evidence makes a surprise attack " , but accuse according to punishment code is decided, check just just refers evidence not to break the law when front courtyard careful, and punishment accuses the law also protected counsel for the defence when facing the evidence that submits on the court read a right. The court agreed with Zhu Aimin's request, suffer the front courtyard careful that fix eyes upon this to rest then fully front courtyard.
The Nie case evidence that shows first
When check just puts forward these Nie to establish the evidence in Bin case, the first reaction of Zhu Aimin is " had not contacted before " . Before open a court session, zhu Aimin ever had considered to ask check just refers the dossier of Nie Shubin case with assistant, "But suffer from did not cut the entrance " , did not think of check just was taken actively.
These Nie record proof never are announced to the outside before this, the family that includes Nie Shubin and lawyer of its appeal representative. Before this, nie case appeal is long-term by one of reason of refus, it is the judgment that Nie Jiaren does not have Nie Shubin. According to the report, judgment sent Nie Benren and family member of the injured party each one. After Dan Nieshu Bin is executed, its family does not have recapture up to now its hangover.
In April 2007, report is found two years in suffering not after fruit, nie Jiaren gets a faceless mail, be the two careful judgment of Nie case. Nowadays, the origin of judgment gets confirming, li Shuting goes to one of lawyers of predecessor appeal representative for many times in the injured party Home Kang Mou, persuade Kang Fu finally, copied these two report harrison hot spring weather forecastthat have 3 pages only.
In the front courtyard careful June 25, zhu Aimin thinks, the evidence that check just shows is put in the flaw of formal important document.
Among them, the spot survey produce the expected result of Nie case notes have people's police of survey produce the expected result only sign, without the seal of public security mechanism. In appraisal of legal medical expert, participate in two legal medical expert of appraisal, one signed on its not affix one's seal, one built Zhang Wei to sign, "And the Zhang Ye of the lid is not appraisal of legal medical expert special name chapter, the formal important document that does not accord with evidence asks " , zhu Aimin says.
Zhu Aimin is returned position of a spot is lacked to pursue in discovering survey produce the expected result notes, "The metropolis in general murder case has, in the graph line out body is in, the bicycle is in. And this survey produce the expected result notes do not have however, explain its are congenital and insufficient. Explain its are congenital and insufficient..
As to the beautiful shirt photograph that check just refers, audit the Zhang Huanzhi of Nie Shubin mother of front courtyard careful says after front courtyard careful, in those days the dress of the injured party that public security mechanism takes her home is shirt of flower length north face shirtssleeve, now the dress picture that mechanism of day public prosecution takes out on the court, it is a short sleeve shirt however. She suspects check just is producing false testimony.
Whether to affect evil to kill accusation to hold water to these flaws, cheng thunder tells associate professor of courtyard of law of Chinese people university the reporter, "When Nie cultivates Bin case to investigate, those who apply still is 1979 punishment tells a way, its are general to regulation of evidential form important document, and explain without specific judicatory, because coarse inadequacy is the evidence this in those days,blame, cannot evaluate the flaw at that time with present eye. Even if be,tell a way according to active punishment, these flaws also do not eliminate in illegal evidence besides " .
"Though these evidence are put in the flaw, but the chance that gave us a speech, in coiling these evidence and Wang Shujin namely for narrating and the spot points to admit go all out together, can confirming this proposal basically is Wang Shujin be. " Zhu Aimin expresses, he already put forward to ask all to Nie case dossier is read roll.
In front courtyard careful, both sides dominating debate is returned a few commit the crime detail enquires Wang Shujin. The thing is lain between close already 20 years, zhu Aimin says Wang Shujin's memory is unsharpness already, "Write down weather is sultrily that day only, 2967 is spend " .
Pengsai source introduces one of Wang Shujin's counsel for the defence, procuratorial work member ask Wang Shujin the injured party is much taller, the first reaction of king is it is not clear to write down, next saying is examining minutely later " a few shorter than me " . Procuratorial work member ask him king is much taller again, king answer say 1 meter 72, but actually he has 1 meter only 52. "Procuratorial work member because this thinks Wang Shujin is right,body of the injured party is offerred high narrate too as big as factual difference, not agree with with the fact. Not agree with with the fact..
Nie case records is concerned about
The 2 careful of case of king book gold again sessional, cause all circles counterpoise to expect strongly of case of Cha Nieshu Bin.
Before open a court session, gold of book of king of the hearsay on the net already withdraw a confession weighs this proposal is not his be, beat proposal of Nie tree Bin thereby it is iron case surely. But the Zhu Aimin that interviewed Wang Shujin in the detention house on June 24 expresses, "Look from his expression, state of mind, have hope quite he won't withdraw a confession " .
"I think fact of this Nie case should not appear in this open a court session, because of first instance when not to sue, 2 careful should be not accepted, below the circumstance of qualitative without course first instance card, the fact is it is not clear to say " , the acting lawyer Liu Bo of Nie Shubin appeal says today, he also arrived Han Dan, but fail to enter judicial be a visitor at a meeting.
To this one viewpoint of Liu, cheng Lei thinks " cannot hold water " , "The 2 careful of our country are executed examine a fundamental in the round, no matter allude in first instance, also accuse argue both sides to have objection without giving thought to, want a court to think the fact is influential to the case only, can try " .
"If maintain really fierce it is Wang Shujin, so Nie Shubin case collapse of itself, this is optimal result, but this kind of possibility is almost 0. " Liu Bo says today, "The court puts Nie proposal into front courtyard careful of Wang Shujin, thinking these evidence can't hold a fact is what Wang Shujin is. Arrange such front courtyard careful, it is to want to change a society the criticism that behaves in Nie case to the court " .
He introduces, the maternal Zhang Huanzhi of Nie is in be informed Wang Shujin when the case will be sessional very indignant also, "She says this case is not what Wang Shujin is, be my son place is? Be my son place is??
"If Wang Shujin is killed, the truth always cannot see light possibly, but from jural tell, although was killed king, also should be not worth angle to rehabilitate Nie Shubin from evidence " , liu Bo says today, "The core of Nie case appeal is Nie case dossier never is announced, lawyer and appeal person right did not get coming true all the time. If announced records to the lawyer, can accuse according to punishment the law reverses a verdict completelythe best spring pool. Can accuse according to punishwatch casesment the law reverses a verdict completely..
Mao Lixin of lawyer of argue of the person that punishment appeals to law, punishment also expresses, "Of Nie case one, 2 careful judgment, simple, coarse the degree that cannot tolerate to your person " .
In the two trial that have 3 pages paper only definitely in the book, "Claver took two pages half, cognizance finds out a part to have a few words only, the evidence that offer is very little, without direct evidence, for instance the footmark of the spot, hair silk " , liu Bo says today, "No matter be active still at that time punishment,tell a way, ask to cannot be sentenced by affidavit only case " .
On June 20, the Zhang Saizhi that ever held the position of Nie Shubin's appeal lawyer wrote a letter, say " although do not have really fierce be captured, nie cathe most popular norton internet antivirusse also should weigh careful lawfully " . He is written " try read a death sentence, do not have argument already, more without argumentation " .
Cheng Lei criterion thinks, if Nie cultivates evidence of Bin case records to be put really,have flaw, rehabilitating route possibly should be the proof standard that evidential short of convictions, from 1979 punishment accuses the law tells a way to active punishment, change to proving standard cognizance is done not have all the time, it is to ask evidence is really sufficient, "Emphasize when 1979, the conclusion that evidence reachs should have uniqueness " .
Zhang Huanzhi still insists to go to Heibei saving tall courtyard appeal regularly up to now, but the judge of front courtyard of inspect of tall courtyard careful tells she and lawyer, accuse according to punishment code is decided, the lawyer applies for rehear, before the court does not have ruling rehear, the lawyer is non-privileged read roll.
Cheng Lei tells a reporter, the lawyer before rehear is started asks to read coil to do not have legal basis really, although this is unreasonable.
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