Friday, April 22, 2011

committed the sin of defenders disrupt witness evide

The concern LiZhuang allegedly defenders disrupt testify in chongqing jiangbei crime 22, the people's court for prosecution over, the proponent for withdrawal, the court by the prosecution after deliberations collegial panel of chongqing jiangbei people's MBT Habari, procuratorate permitted to withdraw prosecution.

LiZhuang defense lawyers interviewed: withdraw save judicial image
The case 22 after hearing, the presiding judge asked whether both of the accused and the defendant has new comments, the prosecution says there are new opinions. Fong The prosecution says, 19, 20, two days of trial court for a court-appointed shown new evidence, and shimei heave the prosecution side that evidence exists contradiction, cause LiZhuang committed the sin of defenders disrupt witness evidence exists gimmick. Therefore, the prosecution side decided to apply to withdraw prosecution.
Day 9 when the 33 points, the court announced an adjournment, vowed to prosecution proponent of written withdraw examine the application.
After nearly an hour after an adjournment, 10 to 21 points, the court LiZhuang suspected crime continues to court testimony defenders hamper. The court announced after the collegial panel comments, chongqing jiangbei that people's procuratorates, before the MBT Ema,judgment is pronounced, the reason for prosecution was withdrawn. According to the supreme people's court on the execution of criminal procedure law of the People's Republic of China > the explanation of some issues "relevant provision, the court ruled that allow chongqing jiangbei people's procuratorate withdraw prosecution.
Subsequently, the court ruled LiZhuang informed of the rights of appeal. 10 when 23 points, the court declared closed court.
> > procuratorate
Evidence to accused facts and evidence changes figures
Chongqing jiangbei court 22nd, announced it had agreed to withdraw LiZhuang public square, leakage of the crime charged the concerns over prosecute reason to withdraw, chongqing jiangbei procuratorate day comment.
Jiangbei procuratorate officials said in this case, the people's procuratorate, when filing a lawsuit, has sufficient evidence LiZhuang guilty of defenders hamper charges SINS, should testify, prosecution shall be investigated for his criminal responsibility. But in this case the trial process, defense direction was submitted new evidence, the court LiZhuang make defenders with procuratorate accused the sin of owed witness evidence contradictions. Guilty April 20, after an adjournment of the new evidence, the people's procuratorate has carried on the earnest verification, and academics that the procuratorial committee available evidence change facts and evidence led to doubt charges. According to our country "criminal procedural law" the relevant provisions, procuratorial organs in handling the process that the defendant guilty as evidence of the importance to the defendant, also takes the evidence of innocence. So prosecutors in handling in the fact that in the process of legal responsible and responsible attitude, insist on a case in accordance with, and impartial, don't waste not longitudinal principle, decided to withdraw law case be sued.
He also stressed that jiangbei procuratorate to withdraw the prosecution case conform to the legal regulations, also reflected the procuratorial organs respect facts, respect the law, based on facts and take law as the criterion, principle of the handling of the objective and impartial.
> > the presiding judge
Asked to withdraw prosecution reason is founded
Why to allow the prosecution in court, the case the presiding judge organ withdraw an explanation.
The case, said the presiding judge in the courtroom process, chongqing jiangbei people's procuratorate to trial of this case evidence that the defendant resulting from the change of the LiZhuang committed the sin of defenders disrupt witness evidence, written request to withdraw prosecution figures. According to the supreme people's court on the execution of criminal procedure law of the People's Republic of China > "the explanation of some issues the provisions of article 177 no operator of before the judgment is pronounced,, the people's procuratorate asked to withdraw prosecution, the people's court shall review the people's procuratorate to withdraw the reason, and to make the prosecution of whethermbt shoes sale to allow the ruling. A collegial panel after careful evaluation, chongqing jiangbei after a people's procuratorate that before the judgment is pronounced, asked to withdraw prosecution reason verdict allowed, was established in chongqing jiangbei people's procuratorate withdraw prosecution.
Meanwhile, the case the presiding judge also provides the relevant judicial explanation - the supreme people's court on the execution of criminal procedure law of the People's Republic of China > "the explanation of some issues in article 177 before the judgment is pronounced, the people's procuratorate asked to withdraw prosecution, the people's court shall review the people's procuratorate to withdraw the reason, and to make the prosecution of whether to allow the ruling. The people's procuratorate criminal litigation rules in the people's court BaiWuShiYiTiao: MBT Staka, third before the judgment is pronounced, the people's procuratorate discovers that does not exist facts of a crime, crime that is not the defendant did or not should be investigated the defendant criminal responsibility, can be asked to withdraw prosecution. The people's procuratorate criminal litigation rules changes, BaiWuShiSanTiao: third or withdraw his prosecution shall be submitted additional chief procurators or procuratorial committee decided in writing before the judgment is pronounced in the people's court to the people's court put forward. Withdraw, no new charges the truth or new evidence is prohibited from prosecution.
According to xinhua

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