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双语:薄熙来案一审结束

作者: NYTALK管理者 点击:395 难度:高级
 Bo's trial ends, verdict to be announced


The trial of Bo Xilai, charged with bribery, embezzlement and abuse of power, concluded at 1:04 p.m. Monday at Jinan Intermediate People's Court.

The verdict will be announced at a date yet to be decided.

On Monday morning, prosecutors summarized their case and demanded a heavy sentence for Bo, while the defendant made a 90-minute statement denying the charges. His lawyers also made defending statements.

The evidence presented in court and during cross-examination fully demonstrated clear facts and evidence is sufficient to charge Bo with the crimes, said prosecutors.

The facts of the crimes are objective and will not be altered by the defendant's own will, they stressed.

The fact-finding is based on all the evidence presented in the case and any attempts to deny or overturn the facts are in vain, prosecutors said.

Although the country's legal system has a principle of tempering justice with mercy, a heavy sentence in line with the law should be handed to Bo, as he committed very serious crimes and refused to plead guilty, said the prosecution.

“Additionally, he is not subject to any terms of leniency by law,” they said.

During the discussion, Bo still denied the charges, insisting that he was not aware of or involved in the crimes, and questioned the credibility of witness testimony.

His defending lawyers expressed opinions concerning the motive of the defendant, the credibility of evidence and validity of evidence collection.

The presiding judge heard the opinions from both sides.

After the court debate, the defendant made a final statement.

这是8月26日的庭审现场

The court will carefully and comprehensively review the evidence, fully consider opinions from both sides and make a judgement based on the facts and laws following deliberation by judges and discussion by the judicial committee, said a court spokesman after the trial.

Bo, 64, is former secretary of the Chongqing Municipal Committee of the Communist Party of China (CPC) and a former member of the CPC Central Committee Political Bureau.

He was emotionally stable during the trial, which was held Aug. 22 to 26. More than 100 people, including Bo's family and relatives, deputies to people's congresses, political advisors, ordinary citizens and journalists observed the trial.

Wang Peng, an editor with the Shandong Electronic Audio and Video Publishing House, observed the trial.

“Sitting in the courtroom, I learnt lots of the details of this case,” he said. “I believe the court will make a fair judgement.”

Liu Bingjun, dean of the Law School of Shandong University of Political Science and Law, said that the trial and and pretrial procedures showcased openness and fairness of justice.

“The whole trial followed strict legal procedures. The prosecution and defense were given full opportunities to express their opinions,” said Liu, who also attended the trial.

The court debate was sufficient and comprehensive, he said, noting that key witnesses' attendance at the court is key to a fair trial.

“The court published the trial transcript through microblogs, a great step forward of the development of China's legal system,” Liu said.

The Jinan court's microblog at Sina Weibo, a leading Chinese social network, has had more than 582,000 followers since it opened on Aug. 18. Its 160 posts, mainly about Bo's trial, gained tens of thousands of reposts and comments.

“Similar cases have never been so open and transparent. This is of historic significance,” wrote Prof. Xie Youping, from Fudan University, in his own microblog.

“I was surprised that the trial of such a high-level official can be so open. This is great progress for our judicial system,” said a civil servant in Chongqing city government surnamed Huang.

Many details revealed by the trial were thought-provoking, said Huang who preferred not giving his full name.

“Bo's case shows us that, no matter how high a profile a person has, they cannot cross the line of laws. We must always honor and respect the law when doing our job. Friendship and family should not overpower duty,” he said.

PROPER DEFENSE

Li Guifang and Wang Zhaofeng of the Beijing-based DeHeng Law Offices represented Bo at the trial.

As far as they know, Bo's family hired several lawyers during the investigation stage of the case and Bo himself chose them as his defense attorneys, the two lawyers told Xinhua after the trial.

They paid Bo more than 20 visits before and during the trial.

The lawyers had read all case files, copied relevant evidence and fully exchanged views on defense strategies with Bo during the visits, Li said.

“In court, we defended Bo based on facts and laws. We safeguarded his litigation rights and other lawful rights and interests,” Li said.

The defense focused on the three charges and litigation procedures, especially facts the defense considered ambiguous and evidence that they thought not solid, he said.

“The court followed the principle of equality between prosecution and defense,” Li said, adding that the court honored and respected the defendant's right to defend and to express himself, as well as the defense lawyers' right to question, examine and debate.

“For a lawyer, defending a high-ranking official and an ordinary citizen is essentially the same,” he said.

“In both cases we defend the defendant's lawful rights and interests on a factual and legal basis so as to ensure proper implementation of laws and safeguard social justice,” he said.

Sources told Xinhua that investigators in charge of the case looked into a total of 97 individuals with connection to or information about the case and got a lot of evidence. They also informed Bo of the right to hire lawyers.

During the case review and prosecution stage, prosecutors interrogated the defendant, not only trying to get the confession but also verify his reasonable explanations.

They also informed the defendant of his litigation rights and assigned people to assist defense lawyers when they wanted to access case files.

PROCEEDING DETAILS

Jinan People's Procuratorate instituted a public prosecution against Bo on July 25 with the three charges of bribe-taking, embezzlement and abuse of power.

Assigned by the Supreme People's Court, the Jinan court formed a collegial panel and delivered a copy of the indictment to the defendant in time.

On Aug. 14, the collegial panel convened a pretrial conference attended by the defendant, his lawyers and the prosecutors, in which they discussed the evidence, witnesses and other judicial procedures for the trial.

On Aug. 18, the court announced the date and location of the trial and delivered a summons as well as notice of appearance to the defendant and his lawyers.

Bo's trial began on Thursday.

According to the indictment read by prosecutor Yang Zengsheng, Bo faces charges of bribe taking, embezzlement and abuse of power. The defendant gave a statement on the facts regarding his alleged offenses. Prosecutors and defense lawyers questioned the accused respectively.

The court investigation focused on Bo's three charges.

During the trial, key witnesses Xu Ming, chairman of Dalian Shide Group Co. Ltd., Wang Zhenggang, then director of the Dalian municipal bureau of urban and rural planning and land, and Wang Lijun, former vice mayor of Chongqing, appeared to testify in court.

Prosecutors, the defendant and his lawyers cross-examined the witnesses.

Prosecutors also read testimonies by other witnesses including Zhang Xiaojun and Patrick Devillers, a French national, played video recordings from Bo's wife Bogu Kailai and Tang Xiaolin, general manager of Dalian International Development Co. Ltd., as well as a slideshow of a villa involved in the case.

In addition, prosecutors presented evidence including documents and photographs of material evidence, and confessions and the handwritten confessions of the defendant.

The prosecutors also presented evidence on how Bo's case was exposed and investigated and that he did not turn himself in, confess his crimes or inform against others.

During the trial, the defendant and his lawyers questioned the witnesses and expressed their views on relevant evidence.

Facing key facts of the charges, Bo frequently defended himself by saying the evidence was “irrelevant” or he had only a vague impression.

Bo did not acknowledge the accusations, but he failed to offer evidence to refute the facts regarding his charges during his defense.

The defense lawyers also questioned the authenticity and legality of witness testimony.

In response, prosecutors said the evidence presented in court was authentic and taken legally from clear sources and the evidence of the entire case was enough to identify the defendant's conduct as crime.

相关介绍:

22日上午8时43分,审判长宣布薄熙来案开庭审理,并告知被告人及其辩护人相关诉讼权利。公诉人、济南市人民检察院副检察长杨增胜宣读起诉书,指控被告人薄熙来涉嫌犯受贿罪、贪污罪、滥用职权罪三项罪名,被告人就起诉书指控的犯罪进行了陈述,公诉人、辩护人分别讯(询)问了被告人。

法庭就起诉书指控被告人薄熙来的受贿、贪污、滥用职权罪等犯罪事实进行调查。徐明、王正刚、王立军(已判刑)等证人出庭作证,公诉人、被告人及其辩护人对出庭作证的证人进行了交叉询问。公诉人宣读了法国人德维尔、张晓军(已判刑)等相关证人证言,当庭播放了侦查机关询问证人薄谷开来(已判刑)、唐肖林的同步录音录像、涉案房产幻灯片等视听资料,并向法庭出示了有关物证照片、相关书证以及被告人薄熙来的供述和亲笔供词。公诉人还出示了综合证据,说明了本案发破案经过,以及被告人薄熙来没有自首、坦白、检举揭发的情节。

被告人及其辩护人询问了证人,并就相关事实和证据发表了质证意见。被告人薄熙来对指控的主要事实,多以“与我无关”“印象模糊”等进行辩解,不承认指控,但没有提出否定指控事实的证据。辩护人就证人证言的真实性、相关证据的合法性等发表了质证意见。公诉人对此作出回应,明确提出检察机关向法庭提交的相关证据,来源清楚、提取合法、内容真实,结合全案证据,足以认定被告人构成犯罪。

法庭辩论阶段,在审判长的主持下,公诉人宣读了公诉意见书,被告人薄熙来作了90分钟的自行辩护,辩护人发表了辩护意见。控辩双方就定罪、量刑的事实、证据和适用法律等问题发表意见。

公诉人指出,经过当庭举证和质证,充分证明了起诉书指控被告人薄熙来犯罪的事实清楚,证据确实充分。公诉人强调,犯罪事实是客观的,并不随被告人的主观意志而转移;认定犯罪事实,是以全案证据为依据,妄图否认、推翻客观存在的犯罪事实,都是无济于事的。公诉人向法庭提出,根据“宽严相济”的刑事政策和国家法律,被告人罪行极其严重,又拒不认罪,不具有法定从轻处罚情节,必须依法从严惩处。

被告人薄熙来在辩论中仍以“不知情”“与自己无关”“证人证言不合情理”等否认起诉指控。辩护人从被告人的犯罪动机、证人证言的真实性、取证过程合法性等角度发表了辩护意见。审判长充分听取了控辩双方的意见。

辩论终结后,法庭保证被告人充分行使最后陈述的权利。被告人薄熙来作了最后陈述。随后,审判长宣布休庭,案件将择期宣判。

庭审结束后,济南市中级人民法院新闻发言人表示,法院将认真、全面审查案件证据材料,充分考虑控辩双方意见,根据事实和法律,经合议庭评议、审判委员会讨论后作出判决,宣判
时间另行公告。

案件开庭审理期间,被告人薄熙来在庭审过程中情绪稳定。被告人亲属、人大代表、政协委员、媒体记者以及各界群众等一百余人全程旁听了庭审。法庭旁听秩序井然。

经薄熙来本人同意聘请的辩护律师接受委托后,会见被告人多达20余次。薄熙来的辩护人、北京德恒律师事务所律师李贵方、王兆峰,在庭审结束后接受记者采访时表示,据我们了解,在本案侦查阶段,被告人家属代为聘请了包括我们在内的多名律师。最后,经被告人本人选择确认,聘请我们两人担任他的辩护人。在审查起诉和审判阶段,则由被告人直接确认继续聘请我们担任他的辩护人,出庭为他进行辩护。

李贵方说,我们依法查阅了全部案卷材料,复制了相关证据,并多次会见被告人,就辩护思路等与薄熙来充分交换了意见。法庭上,我们依据事实和法律为薄熙来辩护,依法维护被告人的诉讼权利和其他合法权益。在这几天的庭审中,我们主要是围绕公诉人指控的罪名和相关诉讼程序,进行辩护。特别是对被告人和我们认为事实不清、证据不充分的一些问题,我们依据事实和法律充分发表了辩护意见。庭审体现了控辩平等原则,对被告人的自我辩解、陈述以及辩护人的发问、质证、辩论等辩护权利给予了尊重和保障。对律师而言,为涉嫌犯罪的高官辩护和为普通人辩护在本质上是一样的,都要根据事实和法律进行辩护,从而维护被告人的合法权益,维护法律的正确实施,维护社会公平正义。

据记者了解,在案件侦查阶段,办案人员调查了97名相关当事人和知情人员,掌握了大量证据,并依法告知薄熙来有权委托律师。在审查起诉阶段,公诉人提讯了被告人,既注意收集有罪供述,也对其合理辩解依法研究认定。检察机关依法告知了被告人的诉讼权利,安排专人为辩护人查阅案卷提供了帮助。

薄熙来受贿、贪污、滥用职权一案,由济南市人民检察院于今年7月25日向济南市中级人民法院提起公诉。根据最高人民法院指定管辖,济南市中级人民法院依法受理,组成合议庭,向被告人及时送达起诉书副本,告知了相关诉讼权利。依据新修订的刑事诉讼法和司法解释的相关规定,8月14日,合议庭组织公诉人、被告人、辩护人召开庭前会议,就案件的管辖、回避、公开审理、申请证人出庭作证、调取新的证据、非法证据排除等与审判相关的问题向控辩双方了解情况,听取意见。8月18日,济南市中级人民法院依法就公开开庭审理案件的时间、地点发布公告,并向被告人及其辩护人分别送达了开庭传票和出庭通知。

旁听完庭审的山东政法学院法学院院长刘炳君说,案件从起诉送达、开庭公告和公开审理的全过程来看,很好地体现了司法审判公开公正的原则。庭审全过程严格遵循法律程序进行,公诉意见、辩护意见和被告人辩解都得到了充分表达,法庭辩论是充分的、全面的。关键证人出庭作证、接受质证,这对保证案件公正审理,防止庭审流于形式起到了重要作用。案件审理依法保障了被告人的诉讼权利,审判公开、程序公正,特别是通过微博及时向社会发布庭审情况,反映了我国法制建设的长足进步。

山东电子音像出版社编辑王鹏说,全程旁听庭审让我了解了薄熙来犯罪的事实。薄熙来曾经是党的高级领导干部,但法律面前人人平等,我相信人民法院一定会作出公正裁决。