Baotou prosecutor Li Shuyao was dismissed after lawyers reported in court that he had asked for a bribe of 300000 yuan

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 Baotou prosecutor Li Shuyao was dismissed after lawyers reported in court that he had asked for a bribe of 300000 yuan


Li Shuyao

On the same day, the peoples Procuratorate of Baotou Rare Earth High-tech Zone announced that on the 25th, the peoples Procuratorate of Baotou Rare Earth High-tech Zone held a party group meeting, firmly supported the decision of the discipline inspection and supervision organs to file a case, actively cooperated with the investigation, and decided to suspend Li Shuyao from performing his duties according to the provisions of Article 52 of the law of the peoples Republic of China on administrative punishments for public servants, and pointed out the problems existing in the procuratorial team We will carry out special rectification when problems arise.

Surging news search found that the official account of Inner Mongolia rare earth high tech Industrial Development Zone Management Committee issued in July 6th this year the rare cadres list of Rare Earth High-tech Zones 2019, and Li Shuyao appeared in the 1099 Qingfeng cadres published in the article.

According to the official account of the Qingshan District disciplinary inspection committee of Baotou, Li Shuyao was born in April 1983, joined the work in July 2006, and joined Chinas Communist Party in June 2010. From July 2006 to January 2011 and from January 2011 to November 2012, Li Shuyao served as a section officer and assistant judge in the peoples Court of dahanmaomingan United banner in Baotou city. Since November 2012, he has worked in the peoples Procuratorate of Baotou Rare Earth High-tech Industrial Development Zone, and has been a member of the Procuratorial Committee of the peoples Procuratorate of Baotou Rare Earth High-tech Industrial Development Zone since August 2019, and has served as a third-class prosecutor.

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Recently, a photo of bailiffs and lawyers confronting each other in court has attracted public attention. On July 15, Xu Xin, a lawyer and professor of Law School of Beijing University of technology, gave an exclusive interview to China Newsweek to restore the situation behind the photos.

The incident occurred on July 11, the court of Baotou rare earth high tech Zone, Inner Mongolia, on the scene of Wang Yongmings criminal case.

In April 2019, Baotou police transferred Wang Yongming and others for prosecution on 13 charges of suspected organizing, leading, participating in underworld like organizations, provocation, and extortion. Wang Yongmings daughter said that he was framed, has been through a number of channels for the fathers injustice.

In the trial of this case, legal experts including Xu Xin participated in the defense. In the process of court trial, the case itself gradually lost focus. The conflict between the lawyer and the court of Baotou rare earth high tech Zone in Inner Mongolia has become the focus of public attention.

China Newsweek: the picture of confrontation between you and the bailiff was circulated on the Internet. What happened at that time?

China Newsweek: what happened at the trial?

China Newsweek: its not because you want to play a recording of the prosecutor asking for bribes?

Some lawyers applied for the prosecutors withdrawal because he was suspected of asking for a bribe of 300000 yuan. The recorded content was a conversation between the lawyer as an intermediary and his family members. Through the lawyer, the family members were suggested to send money. At that time, we wanted to play the recording. At first, the chief judge agreed, but the two judges nearby stopped it. Later, Lawyer Wang Zhenjiang wanted to play it quietly while they didnt pay attention. When the recording was heard in the court, the judge was very nervous and asked the bailiff to rush up to grab his computer and microphone, and the whole power supply was removed.

Xu Xin: very many. For example, illegal deprivation of lawyer Li Aijun and lawyer Li Qizhens defense qualification.

In addition, we applied for the prosecutors withdrawal at the pre-trial meeting. The court should decide whether to withdraw before the trial, but it did not. According to Articles 15 and 16 of the law of the peoples Republic of China on jurors, this case must be tried by jurors, and it should be tried by a collegial panel of seven. However, it was three judges who tried the case.

For another example, before the trial, we filed an application to exclude illegal evidence, but this issue was not involved in the pre-trial meeting at all. This directly violates the last sentence of Article 1 of the pre-trial conference procedures. When the defendant and the defender apply to exclude illegal evidence, a pre-trial meeting should be held.

According to the criminal procedure law, an indictment should be served on the defender and defendant at least 10 days before the court session. This is mandatory, but the indictment sent to me will be held on July 2 and 4.

Such violations are numerous. We put forward that as soon as we raised our hands to speak, the court would not allow the court to say or warn, and the second warning would admonish. This led to the increasingly fierce conflict between the two sides in the trial process of the Baotou case.

Later, I proposed to solve the problem of disqualification of defenders and let them return to the court. They did not agree. Second, they did not agree to the proposal that the judiciary should be made public and the trial should be broadcast live.

China Newsweek: to what extent was the conflict?

Xu Xin: at the time of moderate intensity, as soon as the court announced the suspension of the court, a prosecutors assistant would scold lawyers who were legal illiterate, illiterate and hooligan in court, and the prosecutor general also scolded them. This has never appeared in any previous defense, and it is recorded on video. At that time, we asked for a copy of the video, and the court began to agree to it, but later it did not.

Even, there have been cases of male bailiffs beating female defendants. During the meeting, Shi Lifang, the second defendant, said that a male bailiff beat her, which is incomprehensible. According to the law, there will not be male bailiffs escorting female defendants in any link, and female bailiffs should escort them. This is a very bad event.

China Newsweek: I saw that you applied for the withdrawal of the procuratorate

Xu Xin: Yes, we had a conflict and applied for the withdrawal of the prosecutor. There are many reasons, such as serious mistakes in the contents of the indictment. Such nicknames as Honghong and Beibei, as well as song Laoer and Lao Qiao, are all identified as nicknames.

We asked the prosecutor to withdraw. However, he didnt know how to make the decision of withdrawal. He should have written it to the applicant, but he wrote the title to the court.

In addition, the public security organs were written as Dongan organs, the soldiers were written as bin, and the month was written as year Of course, what is more serious is that there is no distinction between organized crime and individual crime, no distinction is made between violation of law and crime, and the specific facts charged against the accused are not clear.

China Newsweek: if, as you said, your proof and appeal are opposed and you are not allowed to speak, what will be done at the court? Whats going on?

Xu Xin: from the pre court meeting on July 2 to the termination of the Commission on 12, there were constant conflicts, which had never happened before. On March 17 this year, they held a meeting of the three directors, big and small, and said that a unified consensus has been reached on whether the case is involved in the underworld. In the stage of review and prosecution, they have reached a consensus, and the case has been decided before trial.

This case also has a more interesting phenomenon, the trial place is illegal - the basic court borrows the trial court of Baotou intermediate court to hold a court session. According to the criminal procedure law, a higher court can hold a court session at the second instance of a lower court, but no lower court can borrow a higher court to hold a hearing.

In addition, the case allegation involves the effective civil judgments and rulings, mediation documents, compulsory enforcement notarization and creditors rights documents of more than 40 Baotou intermediate courts. In this case, it involves the civil judges of Baotou intermediate court, so it is not appropriate to try this case in Baotou intermediate court again.

These civil judges of the Chinese peoples court tried the civil action brought by Wang Yongming and made an effective judgment. Therefore, in our so-called criminal case, he is a witness. Can we call these judges as evidence?

China Newsweek: is this related to your proposal to change jurisdiction?

China Newsweek: what do you think of Li Yongheng and other lawyers?

Xu Xin: the lawyers have already terminated their entrustment. They have all gone to Hohhot. They have directly gone to the hotel lawyers room to enforce the law on them, saying that they should recover their lawyers fees.

How do they know what other peoples hotels are? Whats the room number? Break in. This is the use of technical means of investigation, which is illegal. Even if we want to confiscate the lawyers fee, we must freeze it through the law firm, and there must be an effective judgment to determine that it is stolen money. The police have no right to directly confiscate the money.

Hope to broadcast the trial live

Xu Xin: it was the lawyers in Baotou City who asked me to enter. They thought that the case did not constitute a crime and they thought it was unjust. Originally, I couldnt make up my mind, but in April they approved the arrest of Wang Yongming. He actually received more than a dozen critical illness notices. His life was in danger at any time. Originally, I didnt meet the conditions for arrest. I entered the case to save my life.

Xu Xin: after more than ten lawyers entered the case, after our research, they all agreed that the case was obviously not black, and basically all the charges were not established.

China Newsweek: besides you, how many lawyers have been dismissed?

China Newsweek: what do you think is the substantial progress of the trial reform in China?

Xu Xin: because I am also a professor of law, I have studied Chinas judicial reform for many years and published an annual report on Chinas judicial reform every year. I have two very high comments on Chinas judicial reform

The first is the withdrawal of the death penalty review system, which reduces a large number of death penalty; the second is the most important reform, that is, the judicial trial is open. Public trials in China have been very good, especially live trials.

We talk about the judicial reform, the centralization of the trial and the results of the reform, with the trial as the core, and the first one is public trial. (Baotou case) in this court, there are 240 seats, and no more than 10 people go to the court every day. Moreover, it is still restricting public trials, let alone live. If we can really realize the justice and openness of justice, it should be broadcast live to let the people of the whole country see this place.