www.theplague.fora.pl :: Topic review - Man was jailed for bribery bribery testimony witho

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's husband, Shanxi Changzhi Medical College Affiliated Hospital of Peace (hereinafter referred to as "Peace Hospital"), former director of paragraph Moon Lok being accused of accepting bribes, dereliction of duty crimes of state-owned institutions were Changzhi City, Shanxi Province People's Court sentenced to ten years. Paragraph Moon Lok appeal, Changzhi Municipal Intermediate People's Court in September 28, 2011 the second instance ruling upheld. Bribery facts "unwarranted" illegal evidence exclusion does not start, "briber" testimony without cross-examination will be considered, along with the law applicable in doubt ...... seemingly ordinary bribery case occurred during the trial because of all the strange, in Changzhi much attention - even in the hospital already retired former president of Changzhi Guoyu Chuan also stand out,[url=http://businesswaiter.com/#comment-118098]http://businesswaiter.com/#comment-118098[/url], this was a miscarriage of justice,[url=http://ppsnys.com/site/libraries/temp.php]doudoune moncler[/url], judgment, there are strange. "Unwarranted" section full of fun gifts received by the court recognized the fact that bribery occurred when he was director of the peace during the hospital laboratory. Changzhi City People's Procuratorate on charges of using his position in the laboratory reagents used, the long-term sales agents to seek benefits for the Song, "from 2005 to 2009 Mid-Autumn Festival,[url=http://www.gccra.org/misc/top.php]hollister[/url], Chinese New Year, full of music has nine sections illegally accepting Song In appreciation of their help by sending 125,000 yuan. " But full of fun paragraph 30 September 2010 by the public security organs in criminal detention, gold has always denied that he had received allegations Song Mouli. He said that nine times the total of 125,[url=http://www.cactuswrenhomecare.com/includes/af.php]abercrombie[/url],000 yuan cash gifts received purely "unwarranted." "Old Song confessed that he is to give money to my office. But the Spring Festival and the Mid-Autumn Festival a few years,[url=http://www.nonprofitlegalcenter.com/includes/af.php]abercrombie[/url], he had never been to my office." Segment Moon Lok said. Peace Hospital laboratory of a secretary also confirmed to reporters that "from 2005 to before the incident, I was on duty when the laboratory, never seen Song came." "Our family and the relationship is very old Song Well, from a common sense perspective,[url=http://users.kgcs.k12.va.us/blogit/vblankenship/about-mrs-blankenship/comment-page-1/#comment-252119]http://users.kgcs.k12.va.us/blogit/vblankenship/about-mrs-blankenship/comment-page-1/#comment-252119[/url], if he give me give money, how will go to my office to send it there may have monitored ah. "segment Moon Lok said. Miss Tian told reporters that although the two weekdays regularly walk, "but not because of Laosong things work from our home to give money." Song In a letter addressed to Miss Tian also mentioned as two relations in the past, the holidays often have human contact,[url=http://www.nonprofitlegalcenter.com/includes/hollister.php]hollister[/url], but no relation to the segment due to work full music to send any money. "Procuratorate to investigate these cases to me, as I am the spirit of high tension, does not make clear the fact,[url=http://www.phoenix-c.or.jp/~mak/chat/dice/dicebbs.cgi]http://www.phoenix-c.or.jp/~mak/chat/dice/dicebbs.cgi[/url], that it is generally summarized as Mid-Autumn Festival and Spring Festival period thing." Song wrote in the letter. "Briber" testimony without cross-examination Song was identified as mentioned in the letter did not say clearly than anything else, that he received in the previous survey, the working relationship but had to admit paragraph full music to send any money. The testimony on the section of music filled the identification of alleged bribery played a direct role. Although full of fun segment courtroom denied reports that its bribery allegations but he was detained before the "double" was written during the examination, admitted in 2005,[url=http://www.birtenshaw.org.uk/includes/barbour.php]barbour sale[/url], during the Mid-Autumn Festival to 2009, points and nine received Song The gifts total 125,[url=http://meditationmount.org/libraries/temp.php]abercrombie[/url],000 yuan. In this regard, paragraph Moon Lok explained that, due to the induction of investigators and coercion, he was forced to admit the so-called "receiving gifts" situation. "They let me explain beginning, I said I never received because things work Song of the money, and can withstand investigation." Segment Moon Lok recalls, "Later, while they do not say which officer holidays closed hundreds of thousands, hundreds of thousands of you this Suansha, admitted can go home; he says that if you do not recognize, put my wife and children control them. "But I do not know how music segments full account of the specific accepting gifts case, had said, "Laosong how to say, how I would write it." In this regard, the segment's lawyer Han Moon Lok Ting pointed out that the first-instance trial prosecutor issued on segment Moon Lok interrogation transcripts, handwritten confession, examination of materials etc music occurred in the segment of full XingJu ago, belonging to the pre-trial statement. "The defendant stated in court, prosecutors cited the Department investigators pretrial confession made under inducement and coercion, is to exclude illegally obtained evidence should be reviewed." Han Ting said, "Criminal Procedure Law provides for non-judicial, procuratorial personnel and investigators 'by threat, enticement, deceit or other unlawful means to collect evidence' of these illegal evidence should be excluded. "But his views have not been adopted by the defense was not even written verdict of the" defense of opinions "a li. Leaving Korea very difficult to understand that, as identified segment full music "bribery" allegation important evidence - Song of witness testimony,[url=http://www.seekel.co.jp/cgi-bin/C-002/radio/visit/main.pl?PAGE_NUM=1%]http://www.seekel.co.jp/cgi-bin/C-002/radio/visit/main.pl?PAGE_NUM=1%[/url], the court has not been cross-examination. "Briber Song notified by the court to testify, but refused to appear in court, his testimony can not lead to cross-examination, lead time, place, and the persons, bribe money sources, bribery plot can not be identified. Pretrial testimony can not serve as the basis of a decision." Han Ting wrote in defense of the word. "Criminal Procedure Law clearly states: 'witness testimony must be in court after prosecutors, victims and the accused, defense counsel questioned both sides, cross-examination, to listen to the testimony of the witnesses and after verified before you can be taken as a basis.'" Han Ting told reporters, "In the segment Moon Lok alleged bribery case, the 'bribery' witness testimony without cross-examination will become the basis for deciding, it is very absurd." laws apply doubts Han Ting believes that in addition to procedural flaws in the trial addition, the case law applies also problematic. "The prosecutor accused of bribery occurs in the segment as Laboratory Director Moon Lok period,[url=http://ppsnys.com/site/includes/louboutin.php]louboutin[/url], but Peace Hospital is responsible for procurement and supply of reagents Equipment Division. Paragraph Moon Lok Branch does not have any positions in the device, he did not use his position to facilitate the sale of reagents Song premise. "Han Ting said. He took out the Supreme People's Court and the Supreme People's Procuratorate promulgated in November 2008, "on the handling of criminal cases of commercial bribery applicable law a number of issues" (hereinafter referred to as "views"). "Opinions" the first paragraph of Article IV: Medical institutions national staff, in pharmaceuticals, medical devices, pharmaceutical products and other medical materials procurement activities,[url=http://school.mmtr.ne.jp/html/cgi-bin/bbs/sports/index.cgi]http://school.mmtr.ne.jp/html/cgi-bin/bbs/sports/index.cgi[/url], using his position to extort property seller, or illegally accepts Sale party property, seek benefits for the seller, constitutes a crime, in accordance with Article 385 of the Penal Code provides that punishment for taking bribes. "Under this provision, paragraph Moon Lok eligibility is not the subject of bribery." Han Ting said, "Song sales agent's behavior has nothing to do with the inspection department,[url=http://www.swpasynod.org/site/misc/temp.php]peuterey[/url], sales relationship with its occurrence is Peace Hospital Equipment Division. Division procurement of equipment acts as a laboratory full of music director of the section has no position to facilitate procurement of equipment department can restrict an object. "segment Moon Lok told reporters, laboratory equipment section is parallel with the body," is only responsible for the hospital laboratory reagents required The plan, including reagent name, size, origin or brand, we will provide the content to the device families, the specific supplier and price is determined by the device families. "Song to the segment in the home is also clearly wrote a letter : "All procurement plan during delivery by providing equipment department, I was strictly in accordance with the Equipment Division provides procurement plan implementation delivery, on behalf of the entire peace process by the Equipment Division to contact the hospital with me." "laboratory reagent can be specified The variety and quantity, but can not decide who the seller is,[url=http://www.gometbranch.com/includes/peuterey.php]peuterey[/url], therefore, laboratory staff does not actually participate in the procurement activities of reagents to go. "Han Ting said," is like BEL commissioned B to buy wine,[url=http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=83&page=%22]http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=83&page=%22[/url], A can specify buy The brand is Fen, the number is 30 cartons; sold on the market, but many shops Fen, A right to assign specific sellers and liquor prices, in which case, a seller of procurement activities have no right to decide. " ask a few "why" When the segment is full of second instance the case of music making "upheld" the ruling, the Court of Changzhi retired former president Guoyu Chuan Duan also stand out for redress. "This case is a section full of fun injustice,[url=http://www.beasonefoundation.org/includes/air.php]air jordan[/url], should be corrected." Say this,[url=http://www.birtenshaw.org.uk/includes/hollister.php]hollister sale[/url], Guoyu Chuan hesitation. "I later found the city when the president of the court asked him about the case, the segment Moon Lok this case, two high judicial interpretation clearly defined staff of medical institutions in the pharmaceutical product procurement activities subject identity problem, why not apply Results of his not answer, just 'hey' and smiled, reply to me saying 'Guoyuan Zhang, the case you do not understand the situation'. "Guoyu Chuan told reporters. He also went to prison to visit several paragraphs filled music, and specifically for the Miss Tian drafting criminal petition for retrial. "Moon Lok trial period before his arrest the defendant Department of Peace Hospital Laboratory Director, his duty is not responsible for the procurement of pharmaceutical products,[url=http://beam.opal.ne.jp/search/cgi-kban/sunbbs.cgi?mode=form&no=28700&page=1]http://beam.opal.ne.jp/search/cgi-kban/sunbbs.cgi?mode=form&no=28700&page=1[/url], but merely the laboratory reagents required quantity, product name and other equipment provided to the families,[url=http://higurashi.org/bbs/joyful.cgi]http://higurashi.org/bbs/joyful.cgi[/url], all reagents and consumables are Division is responsible for procurement by the device while Changzhi two courts do not know for what purpose, in order to impose this charge full music segment, using the substitution approach, that 'in the procurement of reagents is given by the Laboratory Equipment Division provides subscription form, decided to use the reagent quantity, product name, etc., equipment department generally not arbitrarily change ', to use his position to impose a trial on charges the defendant, which is totally inconsistent with the Supreme Court and the Supreme People's Procuratorate promulgated the "opinions "." wrote criminal petition for retrial. During his visit to full when the music segment, Han Ting also learned that during the second trial in the case, the Full Court of Changzhi in the hospital did not re-interrogate segment Moon Lok. "According to the Law of Criminal Procedure, even if the trial court a written hearing, the Full Court should also interrogate the defendant, verify their identity and grounds of appeal, and listen to the other parties, or agent ad litem's opinion." Han Ting said, "the second instance court The practice is questionable. "Fun for a full paragraph in the trial process in the case of all the strange, Guoyu Chuan attitude is: you want to ask a few" Why. " "Why do not engage in illegal evidence exclusion Why witness testimony without cross-examination will be considered Why not apply two high judicial interpretation Why the second instance does not interrogate the defendant Why not pursue criminal bribe people " Guoyu Chuan cited road. Worth looking forward to that, Ms. Tin March 22 this year, Shanxi Province Higher People's Court to submit to a criminal retrial application has been accepted. Currently, Shanxi Higher People's Court has a case back to the Moon Lok paragraph Changzhi in the hospital. But more should be expected that already provides that "no person shall be compelled to prove his guilt" and the establishment of illegal evidence exclusion of the Code of Criminal Procedure and other systems that can be implemented in this case.