Juvenile online shopping simulation gun sentenced to life trial lawyer: evidence flawed

category:Society click:239
 Juvenile online shopping simulation gun sentenced to life trial lawyer: evidence flawed


The retrial verdict is imminent, Nandu reporter interviewed Liu Daweis defense lawyer Xu Xin.

It is believed that the courts will consider the organic unity of legal and social effects

Nandu: Retrial judgment, what are your expectations?

Xu Xin: The facts of this case are very simple. First, there are very big defects in the evidence chain. Second, the injuries caused by the 20 simulated guns involved are very low. According to the opinions of the Approval, especially referring to the recent Summary of the Meeting on Handling Criminal Cases involving Firearms Driven by Compressed Gas issued by Zhejiang Procuratorate. In this case, I guess the result is good. It is not easy to retrial a case. I believe that the court will consider the organic unity of legal and social effects.

Liu Dawei and his mother Hu Guoji.

Nandu: During the retrial session, there was a great controversy between the prosecution and the defense. What is the reason for the innocence defense?

Xu Xin: The reasons for the innocence defense in this case are very sufficient. Liu Daweis position of innocence can be explained from the identity of material evidence, the problem of evidence, the application of the two high latest approval and the specific explanation of the gun standard Determination in approval.

Xu Xin (middle) and Liu Daweis parents.

At the beginning of the retrial, the evidence chain of the case was fragmented by our beating. There was not enough evidence to prove that the simulated gun seized by the public security organs must have been purchased by Liu Dawei. Moreover, the prosecutions assertion that approval was not applicable to the case could not be valid. I also wrote an article to answer this question.

Participate in complaints in a constructive manner

Nandu: The case has gone through more than three years since it was declared lifeless at first instance. Liu Dawei has also been detained for four years and four months. The trial span of the case is so long. What is the reason?

Xu Xin: After Liu Dawei was sentenced to life imprisonment in the second instance of the case, I intervened in the case at the end of October 2015. In November, I formally submitted a petition and met Liu Dawei.

After that, I continued to appeal in various open channels to improve the standard of gun identification. The judicial interpretation of the Supreme Law should distinguish the conviction and sentencing of toy gun and imitation gun from real gun. The gun management should be classified and graded. The management of imitation gun should be different from real gun, and constantly running for this case. Less than four months later, the Fujian High Court formally filed a case to review Liu Daweis case. Six months later, on October 18, 2016, the Fujian High Court made a retrial decision. It has been a very fast speed for a appeal case to decide to retrial. I also thank the Fujian High Court for this.

On October 18, 2016, the Fujian High Court decided to retrial the case of Liu Dawei.

After the decision to retrial, the court had planned to hold the court at the end of 2016, but later encountered the case of Zhao Chunhua in Tianjin, which aroused great concern in society at that time, and the retrial of the case by Fujian High Court was suspended. It was not until March 27, 2018, after the latest approval of the two high schools, that the cases were resumed one after another. Since then, we have appealed many times to urge Liu Daweis case to open as soon as possible, and finally to reopen the case on August 10 this year.

Nandu: What do you feel most about this process?

Xu Xin: From the gun cases I have experienced, I feel the most. First, the construction of legal system is progressing. Although it is difficult to appeal cases, there are still opportunities as long as there are sufficient grounds for appeal. Second, we should take a constructive attitude to participate in the appeal, which is related to the construction of legal system.

Retrial sentencing will give us an inspiration

Nandu: You have represented many simulated gun cases such as Zhao Chunhua case in Tianjin. There should be a lot of relatives looking for you as a defense lawyer. Why did you choose to take these gun cases?

Xu Xin: Up to now, there have been at least 1,000 gun cases for me as a defense lawyer. But so far, I have chosen four gun cases, one is the case of Liu Dawei in Fujian Province, the other is the case of Zhao Chunhua in Tianjin, the third is the case of Zhai Junwu in Shenzhen, and the fourth is the case of a real gun in a gas cylinder that I recently heard by the local court in Henan Province.

From these cases, I think they are very typical. We consider from several aspects, the first is the solvability of the case, the second is the possible role of the case in promoting the progress of the rule of law, and the third is whether the evidence of the case is sufficient and whether there are enough reasons to support the plea of innocence.

Nandu: Whats the difference between Liu Daweis case and the other shooting cases you represented before? Xu Xin: In the past 8 or 9 years, there have been a large number of simulated gun cases with no subjective criminal intent and very low wounding force. Among these cases, the case of Liu Dawei in Fujian Province is one of the most influential cases and the most heavily convicted one. Nandu: What impact will the result of the retrial of Liu Daweis case have? Xu Xin: It will give us an enlightenment, that is to say, judging from the facts in this case, whether the felony should be sentenced to life, or whether it is only a violation of public security management punishment. Acts that can be solved by administrative penalties, two different outcomes, span can be said to be a heaven and a earth.

Nandu: Whats the difference between Liu Daweis case and the other shooting cases you represented before?

Xu Xin: In the past 8 or 9 years, there have been a large number of simulated gun cases with no subjective criminal intent and very low wounding force. Among these cases, the case of Liu Dawei in Fujian Province is one of the most influential cases and the most heavily convicted one.

Nandu: What impact will the result of the retrial of Liu Daweis case have?

Xu Xin: It will give us an enlightenment, that is to say, judging from the facts in this case, whether the felony should be sentenced to life, or whether it is only a violation of public security management punishment. Acts that can be solved by administrative penalties, two different outcomes, span can be said to be a heaven and a earth.