The courtunder the egg yolk 13 years ago, the Shandong province Dongming County Court on the same case made two copies of the same time in the same case number ,issue ,only the judgment result different judgments ,for the case the victim selection .
Unfortunately :no judgments for the victim relief .At present, the local two court has set up an investigation group investigation .A trainee reporter Liu Wison Pan Qi from Shandong, Dongming newspaper reporter Chen Lei Tong Jianhua had two copies of the same case ,but the conclusion different judgments ,a judgment is sentenced the defendant to 3 years imprisonment ,suspended for 5 years ,another is sentenced to 4 years in prison .
The two case number as (1998 ) the East Square at the beginning of characters eighth verdict issued by time ,same April 30, 1998, also covered Shandong province Dongming county court official .
The difference lies in that the former have civil compensation ,the latter is not .Although later ,Tong Jianhua took both the real criminal and civil compensation verdict ,but he still didn get a penny of compensation .
case two judgments of my legs are always acid .There are several large lead bullets ,are meat wrapped up ,it heel band ,go on a mill ... ... Let your hard work ,the whole a living dead .
Tong Jianhua put his hands on full of scars of the calf to rule reporters that weekend .These scars are 16 years ago in a left child do boldly what is righteous ,and do boldly what is righteous after lawsuit appears egg yolk judgment ,it took Tong Jianhua 13 years to life .
With two copies of the verdict ,Tong Jianhua to rule of law Weekend reporter story .In 1995 March, Tong Jianhua do boldly what is righteous ,Li Guo wins by colleagues with homemade guns up badly .
Subsequently, Li Guo took on suspicion of the crime of intentional injury by Dongming County procuratorate prosecution .Dongming county court hearing ,judge generation in April 30, 1998 to inform Tong Jianhua et collect judgments ,so he went alone on crutches .
Tong Jianhua recalled ,in the generation of ET judge she took the two judgments in front of him .Generation et tell him ,if he had money ,he took to sentence Li Guo to win 3 years imprisonment, suspended for 5 years in the judgment ;if not money ,take Li Guo sentenced to 4 years imprisonment and judgment .
The two case number as (1998 ) the East Square at the beginning of characters eighth verdict issued by time ,same April 30, 1998, also covered Shandong province Dongming county court official, the only difference is that the second page in the verdict .
Dongming County courthouse in a written statement that on this matter :two judgments are indeed by the Dongming county court to issue ,but Li Guo sentenced to 4 years imprisonment and the judgments are not actually delivered, so void .
Heze City Mudan District People ,Shandong day lawyer Bowen Perry told reporters ,in the decades of practicing attorney ,like simultaneously issued by the two judgments of things ,never heard of it .
In the face of such a choice ,Tong Jianhua immediately to the generation of ET said: ,I will not choose the sentence of 3 years .5 years ( judgment ) . Tong Jianhua told reporters ,when times et said to him ,if you accept the sentence of 3 years .
5 years results ,Tong Jianhua can get 30000 yuan of compensation .Otherwise ,he cannot get compensation . Who let you see volunteers to ? Tong Jianhua mentioned several times on behalf of the rhetorical et .
The Tong Jianhua post replies: generations of judge didn Tong Jianhua for the defendant bullet money has been great . I just want to get after a judgment ,on behalf of the judge does not agree .
Tong Jianhua on rule of law Weekend reporter said ,I cried out of the generation in the office of judge .Acting judge caught up and said to me: you take away two judgments ,china electronics website,consider again .
at the Dongming County Court of vocal writing note, the reporter sees is another way of saying :the ( Tong Jianhua ) while the court judge generation to sentencing the accused by ET 4 years yet on both sides declared served verdict took a .
Later ,the judge found that judgments less generation et a ,and interviews with Tong Jianhua and produced transcripts, Tong Jianhua admitted taking a verdict, the judge will not let its valid judgments returned to the court ,Tong Jianhua said the verdict has been its tearing .
In this regard, Tong Jianhua denied :how can I steal from the court verdict ? Dongming County Court of director of lab of policy of attraction Lei told reporters: generation et judge has long-term sick leave ,now can not contact .
The two papers are now in the case files ,case file in accordance with the provisions of confidential category can not open .Jing-sheng Lei said ,can defer to the superior court for permission ,if will contact the reporter .
Tong Jianhua tells a reporter ,then ,he took the two judgments to the Dongming County procuratorate reflect the situation ,then deputy attorney general Zhang Junling said to him ,this is simply to take the national law as a trifling matter .
his retrial case ending in May 4, 1998 ,the Dongming county court to the first-instance judgment served the prosecution ,the victim and the accused person ,the verdict read: sentenced the defendant Li Guo wins 3 years imprisonment ,suspended for 5 years .
Dongming County procuratorate considers that the sentencing side of light ,to the Dongming County Court of justice .The Dongming County Court of Audit Committee for discussion and decision retrial of the case,china wholesale suppliers, in October 15, 1998 issued ( 1998) east country at the beginning of characters first sentences .
This time ,Li Guo took was sentenced to 4 years imprisonment ,and compensate for the losses of more than 7 yuan and Tong Jianhua .Tong Jianhua pleaded not guilty to this decision ,Dongming County procuratorate applying protest .
Dongming County procuratorate Lodge ,at the same time ,Tong Jianhua also civil part of appeals .In June 18, 1999, Heze intermediate court in the case of rescind the original judgment ,back to the Dongming County court .
Dongming county court, form a new collegial panel for the case to be retried ,and make the same judgment and retrial .The verdict ,and Li Guo was sentenced to 4 years in prison ,and compensate for the Tong Jianhua total more than 7 yuan .
Tong Jianhua Dongming County procuratorate applying to once again appeal by prosecutors declined .Procuratorate to Tong Jianhua said ,they have tried .In accordance with the provisions of the criminal procedure law ,the prosecutors declined to protest ,Tong Jianhua had exhausted criminal ordinary procedure relief channel .
Eventually ,procuratorate does not appeal ,the defendant does not appeal .Tong Jianhua said ,wholesale electronics pricesLi Xuanfu constant strong armour Liu Jing 2010 January to August this ye,the judgment has made more than 10 years, but the compensation has not reach the designated position ,he has not received a penny .
When I apply for them ( Dongming County Court of the executive board ) case ,they do not give up, let me provide the property of the defendant ,let me provide the defendant car ,room .
( Executive Board ) said , you can provide ,drive national burn ,how much oil ah ,I have been looking for them ( Executive Board ) ,they just don . To rule of law Jing-sheng Lei weekend reporters ,it happened more than 10 years, now the court staff really had to this case do not quite understand ,he is not online ,we do not know this thing, leadership has changed several times .
the trial more like as a mere formality Tong Jianhua, now the emergence of these problems are derived from the trial process non-standard - March 19, 1998, Dongming county Li Guo wins the intentional injury case to the Dongming county court to sue, Tong Jianhua as a victim of the incidental civil lawsuit .
The case by Wei Xueling ,china electronics wholesale and dropshipMarried men live during another guy forgery has married rura,Wu Dongju ,on behalf of ET 3 judges a collegial panel and by substituting for the ET .According to Tong Jianhua recollection ,the trial judge ,only the generation of ET and clerk Zheng Dong attended by two people .
A collegial panel of two other judges Wei Xueling and Wu Dongju failed to appear in court .This reporter to the Dongming County Court confirmation, Jing-sheng Lei said: we are formed a collegiate bench ,sole-judge trial impossible .
In the court records signed ,Tong Jianhua found himself a lot of speech is not recorded .Tong Jianhua immediately questioned :this generation et answer me: you say so much ,we may remember ?And at the end of the trial to let me in a blank record signing the paper ,the reason is :you said you said a lot of words did not record it ,after you signed up to you .
Tong Jianhua also mentioned a detail: in court debate stage, judge like asleep at her desk .Tong Jianhua was sitting in the gallery ,consider this trial is more like as a mere formality .
For the plot ,the reporters to Dongming county confirmation, procuratorate Li surname staff refused to accept the interview ,called don .Jing-sheng Lei revealed ,Dongming county court and the court in Heze has set up two investigation team to investigate the matter, which also includes the implementation is not in place of the problem .
The Heze intermediate people has been sent to the Dongming court investigation ,police are investigating .Extended reading the verdict can choose to let the parties choose decision this behavior ,China University of Political Science and Law School of criminal justice academic committee chairman Professor Hong Daode thinks :although the law expressly forbidden to do so ,but this practice is undoubtedly absurd ,is inappropriate and not serious .
Hong Daode believes that ,at least in the case of litigation procedure in four improper behavior .In the case of mediation shall before the judgment is rendered ,even now is still at the experimental stage of criminal reconciliation, only in the sentence before and not holding a judgment to choose .
Even the trials of criminal reconciliation, should also pay by the parties ,any countries are not allowed to judge and victim of this behavior ,because it violated the neutrality of the judge .
The judgment to be given to the parties to choose ,by the parties to the judgment has right to choose ,is the national judicial authority dwarf became the disposition of the parties ,serious damage to the judicial authority and the trial the proper exercise of power .
Finally, the penalty must be different according to different circumstances ,different circumstances of sentencing means different facts .A two ruling means on the same cases identified two different facts ,it not only violates the decision only, even destroy judgment basis in fact .
National Bar Association criminal Business Committee Xu Lanting Pavilion lawyers said: in the judicial practice, this kind of behavior is rare ,even for the criminal incidental civil of mediation ,also should be before the sentence ,by the parties reach a mediation agreement .
Judgment is the only ,issue two judgments is definitely not allowed . Source: Law to share: Weekend welcome comment I want to comment micro-blog recommended today micro-blog hot
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